Press Coverage

New Evidence Being Presented For Convicted Killers

Joella Lovvorn

The Lamb County Leader News, Volume 48 Number 40

As part of the appeals process, two men who were convicted of murder by Lamb County Juries, are now receiving a hearing in the Lubbock County 99th Court, before appointed Judge Marvin Marshall.

Alberto Sifuentes and Jesus Ramirez were convicted of the early morning (2:08 a.m.) Aug. 6, 1996 shooting of the Jolly Roger Convenience Store Clerk, Angie Cruz, and have served seven years on their prison terms. The hearing in Lubbock is receiving new evidence that is hoped to prove their innocence.

Haynes and Boone L.L.P. of Dallas filed Writs of Habeas Corpus on behalf of the pair, claiming that Newly Discovered evidence - that of a witness that could not be found before the trial, the confession of two other men who said they committed the crime, testimony from two people who said they saw the new suspects at the scene right about the time of the shooting, and an inmate who said the jail informant committed perjury.

Questioning the witnesses on behalf of Lamb County were representatives from the Attorney General's Office, Kelly Weaver and Tina J. Dettmer.

Representing Haynes and Boone are Ronald W. Breaux and Sarah Teachout.

Testifying most of the day Monday was the defense attorney for the pair, Bill Wischkaemper of Lubbock, who said he took the case "because the judge wanted me to," even though he already had a heavy work load.

"I had way too many cases to take the case," he admitted, noting that because of that, he missed a lot of opportunities to find more and better evidence "to find the real murderers."

Wischkaemper testified about numerous things that came out in the trial, and how that if he had known certain facts that he now knows, he could have done a better job.

He admitted he tried to create reasonable doubt in the minds of the jury, in order to get his clients acquitted of the charges.

Next to testify was Pauline Robles, Ramirez' ex-girlfriend, who worked at the Paradise Club, where the two men were supposed to have gone that night, to drink and dance. She said she had dated Ramirez for six months.

She testified seeing them there, and how that when the band stopped playing at 1:30 a.m. Ramirez got up and played three songs on the juke box. They all left at 2 a.m., because the club closed at that time.

She said she believed it was during the weekend when all that happened, but testified later that she could not be certain she saw Ramirez on the night of the murder (very early Tuesday).

Last to testify was Attorney Patrick S. Metze, who was appointed to defend Sifuentes after the first trial was declared a mistrial.

He testified he talked with the client, and got information on what they did that night. He said they stopped in Littlefield on their way to Lubbock, looking for a girlfriend, but didn't find her, so they went on to the Paradise Club in Lubbock.

"We investigated every single aspect of the case," Atty. Metze said, including the possibility of the victim being involved in drug trafficking, but that didn't go very far.

He noted that the Texas Rangers, all local police, sheriff's deputies, Lubbock Specialists, and others elsewhere were involved with the case, and felt there was a very thorough investigation done.

Metze said his team always used the theme: "Not there, didn't do it!", and said they now know of several things that would have helped prove their case to a jury.

He claims that one of the biggest mistakes made in the trial was the fact that they didn't find the alibi witness (the woman at the club). Not having enough money for the investigation was another of the great mistakes related to the outcome of the trial.

"We would have done a better job of representing our clients, if we had not had limited resources," the attorney said.

He concluded, "I felt the evidence was fabricated to a certain degree."

Court was recessed until Tuesday morning.

Back in court Tuesday morning, the testimony from Patrick Metze, defense attorney for Sifuentes, continued for about 5 minutes, then he was released.

Vince Gonzales, who as appointed to serve as defense attorney for Sifuentes, bur was eventually incorporated for both Sifuentes and Ramirez.

He assisted in discovery, trial preparation, and was witness coordinator in the cases, having interviewed and talked with several people who knew about several aspects of the case.

He reviewed some tapes from the Town and Country store on Waylon Jennings Blvd., specifically looking for someone looking like the suspects, and immediately recognized one of the key witnesses in the trial, who testified to the jury she had been to the store at 2 a.m. on the night of the murder.

Gonzales found, and checked out the time on the video and it was 12:34, not 2 a.m. as she testified. He immediately contacted defense lawyers about the difference, knowing she wasn't credible.

Other witnesses, including Lora Casas, Mary Ann Casas Enriquez, Tina Martinez and Diana Perez testified about seeing two Levelland men in Littlefield very early in the morning, remembering they were needing money to get home.

The men stopped at the apartment of Mary Ann Casas, to see if they could get money there, and no one would give them any.

They each testified about the length of the hair of the men, and what they were wearing (jeans and tennis shoes), as well as the car in which they were riding. One of the women testified she saw one of the men pull a gun from under the seat on the passenger's side of the car, just before they left.

They said things evolved into where nearly everyone was mad, and the men drove off. Some of the women later drove by the Jolly Roger and saw the police cars and yellow tape around the scene, but didn't know what happened until the next day.

Oscar Balderas, who is now serving time in the Texas Department of Corrections, testified that while he was a trusty in jail in Levelland on the day of the murder, one of the Levelland men, who had been brought into the drunk tank at about 4 a.m., told him about what they had allegedly done. "They were drunk," he said, "I didn't really believe what (the one who was dong the talking) said, and I was just throwing it off as a tale".

Balderas said one of the Levelland men told him they went to the Jolly Roger to get some gas, and went into the store to tell her to turn on the pump. After they filled up, and went back in, they told her they didn't have any money to pay for it, and the lady refused to give them money out of the cash register, so his brother jumped over the counter and shot the woman.

They went on towards Levelland and were stopped because they were drunk, and they were taken to jail.

Balderas testified that one of the jailers at the Hockley County Jail had heard the man talking to Balderas, wanted to know what they were talking about. Balderas said he didn't tell her because he thought the man was just making up a story. Balderas finally told her two or three days later, after he heard what had happened in Littlefield.

Earlier in the hearing it was brought out by Attorney Wischkaemper that Levelland Police Chief Ted Holder had contacted Littlefield authorities that he felt he knew who the suspects were, since he had handled them numerous times for other crimes.

The chief described them for authorities, noting that they drove a gold colored car, and that they had been brought into his jail that morning for drunkenness.

Wischkaemper said that the local officials didn't go further into it because they felt they had the two people who did the crime.

After a brief testimony Tuesday afternoon by Jamie Ramirez, former Littlefield resident, and former sister-in-law of Balderas. The hearing was adjourned at 3 p.m. until 9 a.m. Wednesday.

The hearing is expected to continue through Thursday, and will be reported Sunday.