Press Coverage

May 6, 2006

Judge hears final arguments in 1996 murder case appeal

KRISTV.COM Corpus Christi, TX

LUBBOCK, Texas -- A prosecutor in the case of two men convicted of killing a convenience store clerk contends incorrect testimony and questions over an investigator's actions were minor.

Lamb County District Attorney Mark Yarbrough argued Thursday against granting new trials for Jesus Ramirez and Alberto Sifuentes, saying they acknowledged their involvement to others. Both men were convicted in the 1996 armed robbery and slaying of Evangelina Cruz and sentenced to life in prison.

During final arguments in a series of appeals hearings, defense attorneys said the men's trials were rife with false testimony and the result of a shoddy investigation.

Judge Marvin Marshall will consider the arguments and make recommendations to state District Judge Felix Klein, who oversaw both trials. The findings will be sent to the Texas Court of Criminal Appeals.

The Texas Attorney General's Office is handling the Sifuentes case and has recommended a new trial, saying he had ineffective counsel. Assistant Attorney General Tina Dettmer filed a joint brief with the defense team and isn't contesting claims that a Texas Ranger investigating the case lied.

Defense attorneys say prosecutors knew about the lies and suppressed evidence. They allege the men's trial attorneys didn't fully investigate the case and say police didn't pursue suspects who better fit the victim's description.

Texas Ranger Sal Abreo conceded that descriptions of the suspects in his reports didn't match information given to another investigator by the victim as she lay dying.

Yarbrough argued Abreo's mischaracterization of the witness' statement was minor. The prosecutor contended a note he sent saying Abreo "lied to get me to file this case" was inconsequential, and not intentionally kept from defense attorneys.

The Mexican consulate enlisted the help of a Dallas law firm to get the convictions of Sifuentes and Ramirez thrown out, a step consular officials usually reserve for death penalty cases.