Press Coverage

Suspects' descriptions differ in store clerk's slaying

Betsy Blaney

Associated Press

An investigator's description of two suspects in the 1996 armed robbery and murder of a convenience store clerk differed in several ways from that provided by the officer who interviewed the dying victim, according to court testimony Thursday.

"If the investigators do not give you useful information, wrong decisions could be made, innocent people could be arrested," defense attorney Barry McNeil said while questioning the district attorney who received the report from the investigator, a Texas Ranger.

"Could it happen?" District Attorney Mark Yarbrough, asked McNeil. "Sure."

The hearing for Jesus Ramirez, 56, and Alberto Sifuentes, 32, both Mexican nationals, is a challenge to their 1998 convictions in the death of Evangelina Cruz, a mother of four, in nearby Littlefield. Their convictions were upheld on appeal.

The defense is trying to have the convictions thrown out and new trials ordered. The hearing must provide evidence of the men's innocence and cannot just attack the credibility of prosecutors' cases at trial.

In the Littlefield police officer's report and in testimony he gave at each man's trial, the suspects were described as 18-20 years old, one with long hair and the other with short hair. The officer also included that Cruz described the suspects' car as gold-colored.

In the report by Texas Ranger Sal Abreo, the suspects' age range was left out, one suspect was described as having a light complexion and the car used by the suspects could also have been yellow.

"Did you talk to Sal Abreo about the differences?" McNeil asked Yarbrough.

"If I did, I don't recall doing that," Yarbrough answered.

The defense has attempted to discredit Abreo's work on the cases. Yarbrough prosecuted only the Ramirez case. A special prosecutor was appointed to handle Sifuentes' case.

In evidence presented earlier this week, Abreo is described as less than honest in a document about witnesses that Yarbrough created for the special prosecutor.

"He lied to me to get me to file this case," the document from Yarbrough reads.

Abreo was subpoenaed to testify but couldn't be in Lubbock this week for medical reasons.

The hearing recessed Thursday afternoon after Yarbrough raised ethical issues, saying he is still the attorney with authority in the Ramirez case and therefore cannot testify in it.

Judge Felix Klein, who is not presiding over the hearing, will hear arguments on a defense motion to recuse Yarbrough from his Ramirez authority Sept. 9 in Littlefield. The hearing will resume some time after that when Yarbrough will again be questioned by defense attorneys. If Yarbrough is recused, he can testify about both men's cases.

The ultimate decision on whether to throw out the convictions and hold new trials will be made by the Texas Court of Criminal Appeals.