On this date in 1989, Panamanian Gen. Moises Giroldi Vera was shot in the San Miguelito barracks for his coup attempt the previous day.
With tensions mounting between strongman Manuel Noriega and his U.S. patrons — Washington had laid Panama under sanctions, indicted Noriega, and by year’s end invaded to depose him — Giroldi shot his shot by attempting to topple the regime from within.
U.S. intelligence provided minimal help to a man one described as “a bastard, a sort of mini-Noriega,” skeptical of the rebel officers’ capacity for completing the putsch. But they came pretty close, actually capturing Noriega on the morning of Oct. 3; the plotters’ dithering about handing him over to American agents enabled the dictator to summon help and reverse the attempt.
Giroldi and ten other soldiers involved in the abortive coup were tortured at a hangar at the Albrook air base, and all of them killed. Nine of them died at that site so their collective fate is known as the Albrook massacre, notwithstanding the venue change for Giroldi’s own summary execution. Legend holds that Noriega himself pulled the trigger.
Apartheid South Africa had long been one of the world’s most prolific users of capital punishment. According to Wikipedia it had logged nearly 3,000 executions over the 30 years previous, including a one-year count of 164 as recently as 1987.
But the policy was about to see a sudden reversal — along with the policy of apartheid itself.
Earlier that same year, the South African presidency had been assumed by F.W. de Klerk. Much to everyone’s surprise, the copper-bottomed Nationalist Party conservative set about dismantling the entire white-rule infrastructure. Once he’d secured his term de Klerk moved with alacrity, immediately permitting some anti-apartheid marches that his security services wanted to shut down and proceeding apace to more dramatic reforms that within a few years saw off apartheid altogether.
Shuttering the Pretoria Central Prison gallows was one early gesture in this same campaign, considering the manymartyrs that platform had made of regimeopponents down the years. In 1990, de Klerk pronounced a formal moratorium on executions and he never lifted it; in 1995, the first politically weighty ruling of the post-apartheid Constitutional Court abolished capital punishment.
However, Ngobeni has no assurance of maintaining his milestone distinction in perpetuity. In present-day South Africa, blighted by a great deal of violent crime, reinstatement of capital punishment enjoys the support of several political parties and a sizable majority of the public.
On this date in 1989, Sri Lankan Marxist revolutionary Rohana Wijeweera was — by at least some accounts, properly disputed by the authorities — summarily executed
Moscow-educated at Lumumba University, Wijeweera showed his leftist bona fides by forming a splinter party breaking with the Ceylon Communist Party.
An abortive 1971 rising landed Wijeweera a long prison sentence, but he was amnestied in time to run a distant third in Sri Lanka’s 1982 presidential election.
The JVP — which increasingly also verged towards Sinhalese nationalism — then proceeded to foment a second and much more vigorous rebellion that ran from 1987 to 1989 which was suppressed in the usual ways. There’d be no prison amnesty for Rohana Wijeweera this time.
Officially, Wijeweera’s death in captivity is attributed to crossfire during an ambush shootout with his partisans. Sure. Here’s what Sri Lankan General (and later M.P.) Sarath Munasinghe had to say about Wijeweera’s end:
The time was 11.30pm [on November 12, 1989]. We reached the premises of HQ ‘Operation Combine’. There were many officers of other services too. We were conducted to the conference table where Rohana Wijeweera was seated. I was given a chair just opposite Wijeweera across the table. I commenced having a conversation with him. Mr Ernie Wijesuriya, director, National Intelligence Bureau, his deputy and some others were present. I spoke to Rohana Wijeweera at length.
Whenever I questioned him in English, he answered in Sinhalese. In fact, he asked me whether I knew the Russian language. I replied in the negative. Rohana Wijeweera told me that his second language was Russian. He told me all about his personal life, initially at Bandarawela and later at Ulapane in Kandy. He was reluctant to talk about the activities of the JVP.
While this discussion was going on, the ‘Operation Combine’ commander was with his deputy in the adjoining room, which was his office. Just past midnight, the deputy Defense Minister General Ranjan Wijeratne walked in and sat at the head of the conference table. Gen Wijeratne asked few questions, but Rohana Wijeweera did not respond. Gen. Wijeratne joined the ‘Operation Combine’ commander in his office. We continued with our conversation. We had many cups of plain tea (dark tea), while talking. I made a request to Rohana Wijeweera to advise his membership to refrain from violence. He agreed after persuasion. So we managed to record his words and also his picture in still camera.
After some time, a well-known Superintendent of Police arrived at the HQ Operation Combine. As the police officer walked in, he held Rohana Wijeweera’s hair from the rear and gave two taps on Wijeweera’s cheek. Wijeweera looked back, and having identified the officer said, ‘I knew it had to be a person like you’. The police officer joined the Minister and Operation Combined Commander. We continued with our conversation. Wijeweera related a few interesting stories. One day, a group of JVP activists had visited the residence of Nimal Kirthisri Attanayake [Rohana Wijeweera] at Ulapane. They demanded money for their movement. Wijeweera responded quickly by giving Rs 100. The youngsters did not have a clue about their leader. Wijeweera was full of smiles when he divulged this story.
The time was around 3.45am on 13 November 1989. I was informed to conclude the questioning and to take Rohana Wijeweera downstairs. Together we walked downstairs and were close to each other. Wijeweera held my hand and said, ‘I am very happy I met you even at the last moment. I may not live any longer. Please convey my message to my wife’. Rohana Wijeweera’s message contained five important points. They were all very personal matters concerning his family.
Moments later, Wijeweera was blindfolded and helped into the rear seat of a green Pajero. Two people sat on either side of Wijeweera. There were others at the rear of the vehicle. Just then a senior police officer arrived near the vehicle. I politely rejected his invitation to join them. The Pajero took off. I joined Col Lionel Balagalle standing near the main entrance of the Operation Combine HQ building. We were having a brief chat when a senior officer came downstairs to get into his car. We greeted him. He was in a very good mood. But the atmosphere changed all of a sudden. A military police officer appeared in front of us. The senior officer blasted him for not accompanying Wijeweera and party. The military officer dashed towards his vehicle and sped away. The senior officer departed. We also went home thinking of a good sleep.
Late in the morning I was busy getting Wijeweera’s photograph printed. No one would recognise Wijeweera without his beard. So I had to seek help and add the beard to Wijeweera’s photograph. It was done very well. Late in the afternoon there was a press conference at the Joint Operation Command. Minister Ranjan Wijeratne briefed the press. ‘Wijeweera and HB Herath [another JVP leader] had been taken to a house just outside Colombo, where the JVP had hidden part of their treasure. While the search was in progress, Herath pulled out a pistol and shot Wijeweera dead’. The minister went on to give more details. Subsequent to the killing of Wijeweera, violence by the JVP ceased gradually and there was peace in the country, except in the north and east. [i.e., the zone of the entirely separate Tamil Tigers insurgency -ed.]
had such a violent physical reaction to the drugs (heaving chest, gasping, choking, back arching off the gurney, etc.) that one of the witnesses (male) fainted, crashing into and knocking over another witness. Houston attorney Karen Zellars, who represented McCoy and witnessed the execution, thought the fainting would catalyze a chain reaction. The Texas Attorney General admitted the inmate “seemed to have had a somewhat stronger reaction,” adding, “The drugs might have been administered in a heavier dose or more rapidly.”
McCoy with two accomplices, James Paster and Gary LeBlanc, had committed a cut-rate murder for hire, grossing $1,000 to shoot someone’s ex-husband in the parking lot of a club. Paster, who actually pulled the trigger on that murder, suggested to his mates that they would all rest a little easier in one another’s silence if they jointly committed two more homicides, with each taking his own turn as the murderer.
To that end, they kidnapped one Diana Oliver in November 1980, gang-raped her, and had McCoy take her life with an improvised garrote. Their third victim was 18-year-old Cynthia Johnson, abducted from her stranded vehicle on New Year’s Eve 1980, and also raped and strangled to death.
Paster was also executed. LeBlanc copped a long prison sentence for cooperating with the state against his accomplices.
On this date in 1989, six men went to Malaysia’s gallows for orchestrating a notorious prison revolt three years earlier.
The Pudu Prison siege began on October 17, 1986, when the inmates in question rushed a prison clinic, taking hostage a doctor and a laboratory technician using improvised shanks. For nearly six tense days, the desperados held the medics to ransom in the former British colonial gaol, demanding their own release along with getaway cars and cash.
The ringleader was one Jimmy Chua (pictured at right), a former policeman turned gangland figure who had been detained on a murder charge; accomplices Ng Lai Huat, Sin Ah Lau , Lam Hock Sung, Yap Chee Keong, and Phang Boon Ho were all in prison on various firearms violations. The intrinsic impossibility of their position was underscored over the course of the siege, as Kuala Lumpur gawkers began to join the armed soldiery surrounding the jail: the prisoners who had made themselves centers of attention did not dare trust food sent by the guards, eating only the dwindling provisions that were left on hand at the time of their clinic attack. So how exactly were they ever going to come to an endgame where they would trust assurances to walk out the gates to a mystery car?
This distant hypothetical never crested the horizon, because with the help of a signal from another inmate, Malaysian special forces were able to slip into the facility while the prisoners’ guard was down and take the lot by storm, unharmed and without firing a shot. That meant everyone was around to face trial for kidnapping, which just so happened to carry a maximum sentence of death by hanging despite the absence of a fatality.
On this date in 1989, Sierra Leone politician Francis Minah was hanged at Freetown’s Pademba Road Prison as a traitor.
He was a veteran minister of state under the country’s dictatorial first president Siaka Stevens — a reign recalled in Sierra Leone historiography as the “17-year plague of locusts” that looted the country and opened the path to its horrific civil war.
Nearing 80 years old in 1985, Stevens stepped down and handed power off to another officer as self-dealing and authoritarian as he, Joseph Saidu Momoh.
In early 1987, Momoh dramatically announced the discovery and defeat of an alleged coup attempt against him* and arrested his own Vice President Minah as its instigator. In a farcical trial — Minah denied his guilt to the last — Minah was convicted and death-sentenced with 15 other alleged participants. Most had their sentences commuted to prison terms, but Minah and five others all hanged on October 7, 1989.
On this date in 1989, China executed Teng Xingshan with a bullet to the head for the murder of Shi Xiaorong — an act which became quite embrrassing when Shi surfaced in 2005, alive and well.
Teng became the focus of Hunan provincial officials’ tunnel vision when the dismembered body of a young woman turned up in the Mayang River. The reason was that the dismembering struck police as “very professional” and Teng was a butcher by trade.
The corpse was soon associated with Shi Xiaorong, who had recently gone missing, and an elaborate just-so story crafted to fit the available data: that Teng and Shi were lovers who quarreled over money with lethal results. According to the sentence, “Teng confessed his crime on his initiative and his confession conforms with scientific inspection and identification.”
In reality, the two were not acquainted at all — and Shi was not dead at all. She had disappeared because she’d been sold into a marriage; she eventually slipped back to her home in Guizhou Province. Teng’s relatives had heard through the grapevine that she was still alive, but it took them years to track her down.
Teng Xinshang was posthumously exonerated in 2006. We’ve found no indication that the dismembered body that wasn’t Shi Xiaorong’s was ever re-identified or the (by now very cold) case re-opened.
The last execution in the history of the former state of Czechoslovakia occurred on this date in 1989.
Staggering home extremely drunk late one autumn night, Štefan Svitek (English Wikipedia entry | Czech) found the door locked and the pregnant Roma wife he regularly battered disinclined to open it.
So Svitek opened it himself by grabbing an obliging ax and splintering it to pieces.
Then he turned the ax on poor Marie and the family’s two daughters.*
Even the most aggressive executioners — and Czechoslovakia was not that — don’t hang every homicide. Svitek might have doomed himself in the final analysis with his disturbing sexual proclivities, especially since they surfaced during his rampage. He reportedly carved up the bodies, sliced off his late wife’s breasts and even cut the still-stirring embryo of his next child out of her womb, and pleasured himself over all the fresh gore. He would later describe it as the most intense sexual experience of his life.
It emerged at trial that Svitek’s youth in an alcoholic home had warped his animal urges so severely that he turned his lust upon animals, taking special gratification in castrating them.
This last operation Svitek also perpetrated on his own self as he fled in panic from his domestic charnel house. He also attempted to commit suicide by hanging.**
Svitek broke that rope. On the 8th of June in 1989, he did the same (metaphorically) to Czechoslovakia’s.
Svitek’s hanging June 8, 1989, was not only the last ever in the soon-to-be-defunct Czechoslovakia, but the last associated with either of Czechoslovakia’s successor states, neither of which have the death penalty on the books. (Svitek was hanged in Bratislava, the Slovakian capital; the last execution in the Czech half was that of Vladimir Lulek earlier in 1989.)
On this date in 1989, the then-united Czechoslovakia hanged Vladimir Lulek for slaughtering his wife and four children. (Czech link, as are the others in this post.)
Lulek, who died at Prague’s Pankrac Prison, has the distinction of being the last person executed in what now constitutes the present-day Czech Republic. (A Slovak man named Stefan Svitek was put to death later that same year in Bratislava; Svitek holds that same distinction for both present-day Slovakia and for the former Czechoslovakia as a whole.)
On this date in 1989, with the last words “I want to say I hold no grudges,” Carlos DeLuna died by lethal injection in Texas
At the time, not many people took seriously DeLuna’s claim that a different Hispanic man named Carlos — one Carlos Hernandez — was the man who actually slashed Wanda Lopez to death in a Corpus Christi gas station on February 4, 1983.
“I didn’t do it. But I know who did.” That’s what he’d told a police officer soon after his arrest.
A generation later, it’s increasingly clear that Carlos DeLuna really didn’t do it … and that he knew who did it, knew he was going to the gurney for the crime of a man whom the state claimed was just a “phantom” invented by the defendant. Just a few months before DeLuna went to his death, that “phantom”, still on the streets, had knifed a four-inch gash in another woman’s abdomen. Carlos Hernandez had even bragged to others that his “stupid tocayo” — namesake — “took the blame for” a murder he’d committed. (Hernandez died in 1999.)
DeLuna was arrested suspiciously hiding under a truck near the scene of a grisly knife slaying at a gas station. A Hispanic man had been reported as the suspect, and the eyewitness was able to identify DeLuna as that man, just moments after his arrest. Case closed.
Except everyone was wrong.
He was hiding because he’d been violating his parole by drinking at a strip club across the street. He chanced to look just like another Hispanic man from the area, a fellow who just happened to be a violent thug. And he didn’t have a spot of blood on him even though the murder scene looked like the set of a slasher film.
“It was an obscure case, the kind that could involve anybody,” Columbia Law Prof. James Liebman said. “Maybe those are the cases where miscarriages of justice happen, the routine everyday cases where nobody thinks enough about the victim, let alone the defendant.”
The facts of the case have been extensively documented elsewhere, including a 2006 Chicago Tribune series* and an entire 2012 issue of the Columbia University Human Rights Law Review, culmination of a years-long project organized by Liebman.
The latter investigation, complete with original source documents, video, and photographs, is preserved for public use at the magnificent Los Tocayos Carlos site. Its intensively-sourced book-length treatment comes highly recommended, but you might need to clear your schedule.
Executed Today is pleased to welcome one of the coauthors of Los Tocayos Carlos, Andrew Markquart — a 2012 graduate of Columbia Law who collaborated with Prof. Liebman on the DeLuna investigation and now practices in New York.
ET: How did you come to focus on this case, and what went into the investigation?
AM: I got involved after my first year at law school. I started out as a research assistant for Prof. Liebman, and he had been working on this project for years in one form or another when I got involved. I had already had quite a bit of interest in death penalty issues, so I jumped on it.
The initial investigation that Prof. Liebman did was back in 2004. He had done a previous study called “A Broken System” in which they found a shockingly high rate of reversals in capital cases. And basically the question that came out of that for him was, what does that mean?
Does that mean that the courts are doing their jobs and there are a lot of reversals because they’re being very diligent?
Or, is that high number indicative of some big systemic problems?
He started out looking at cases in Texas, for obvious reasons, and particularly focused on cases involving single eyewitnesses. This one came out fairly early on, but there wasn’t much about it initially to suggest this was a strong case. But Prof. Liebman was having someone going down to Corpus Christi anyway and had him check it out, and within one day this investigator was able to track down a lead and figure out exactly who this Carlos Hernandez person was who DeLuna claimed was the actual killer. From there the floodgates opened.
This case reads like something out of Dumas … your doppelganger, who looks just like you and also shares your name, commits a crime and you take the rap. Speaking as a layperson, it’s astonishing that Carlos DeLuna explicitly made the very argument you’re making, that this guy Carlos Hernandez was the real killer. But it wasn’t so much that DeLuna’s allegation was considered and rejected as that it was never taken seriously at all, even by his own defense. Why was that?
It’s a good question and it’s one of the major points we tried to make.
At first DeLuna was a little hesitant, with good reason: Hernandez was well-known in Corpus Christi; he was a terror in the town and had been known to use violence against people who threatened to expose him. Eventually the threat of execution overcame that.
His defense team did very little to research what could or would have been his saving argument, and on the flip side the prosecution said Carlos Hernandez didn’t even exist, which is just a mind-blowing claim. This guy had a rap sheet a mile long. He had been a major suspect in 1979 in another murder case involving one of the prosecutors in the DeLuna case.
The defense lawyer in that case did what DeLuna’s lawyer should have done: he called Carlos Hernandez to the stand and basically prosecuted Carlos Hernandez as his defense. He got his client off, and we’re pretty confident from our research that Hernandez was actually guilty of that murder, too.
Hernandez was definitely no “phantom”: he was known to law enforcement, known in the neighborhood. Can you explain why the prosecuting attorneys would make such a claim?
It’s hard to explain. I suspect they probably thought they had the right guy, they probably thought he was making up a bogus story … and they cut a few corners. But that’s speculation.
Your report writes, “Central to DeLuna’s obscurity was the failure of lawyers on the defense as well as the prosecution side to have the curiosity and gumption to look just an inch or two below the surface.” It seems like there just wasn’t much of any work done by any actor to pursue evidence that could defend DeLuna.
Carlos DeLuna’s defense lawyer had trouble getting any kind of funding to do investigation. And this was his first criminal case of any kind, let alone capital case.
The police only investigated for a couple of hours before turning it over to the store manager to clean up to open the next morning. It was a simple case of tunnel vision: they had arrested Carlos DeLuna, they got a quick eyewitness ID, and they thought they were done.
There’s all kinds of evidence at the scene. In the police photos, which are available at our website, there’s a footprint in blood that has to be the culprit’s shoeprint, and they never even saw it. It was that sloppy. You can also see the detective, Olivia Escobedo, literally standing on evidence — a nice metaphor for the investigation.
Yes, he did. For reasons I can’t make sense of, he either was just severely misremembering, or just made up, some story about hanging out with these girls earlier in the evening that was completely untrue. But the thing about it is that the story as he gave it didn’t even help his case. It didn’t give him an alibi. But it hurt his case, because then they could bring in these girls to testify and destroy his credibility.
It’s hard to figure out what was in his head to say that. DeLuna wasn’t the most intelligent person; his IQ tested just barely above the threshold for cognitive impairment.
The original trial was in 1983, and Carlos was executed in 1989. How representative are the circumstances of this case still, relative to new death penalty trials today or to death row prisoners whose appeals are being handled now?
“[DeLuna]’s lying. He won’t admit it. I hope this is the day he gets it. He’ll lie like he’s been lying and now he’ll have to pay for what he did to my daughter.”
-Wanda Lopez’s mother Mary Vargas, quoted in Dec. 7, 1989 Dallas Morning News
“After carefully reviewing the information recently uncovered and printed by Steve Mills and Maurice Possley in the Chicago Tribune, I am convinced that Carlos DeLuna did not kill my sister and that Carlos Hernandez was the real murderer.”
-Wanda Lopez’s brother Richard Vargas, June 2006
You see these kind of cases and issues come up even today. That’s one point we try to make: yes, this case was from 29 years ago, but a lot of things remain the same.
There was no physical evidence, despite all the blood at the scene: it was just based on eyewitnesses.** And you kind of have a casebook bad eyewitness identification. They didn’t use a lineup; it was nighttime; it was a cross-racial identification, which we know are highly error-prone; he [DeLuna] was in the squad car, at the scene, handcuffed, under a highly stressful environment. You have these kinds of show-up identifications happen all the time, all over the country. They’re rife with error.
And there’s a lot of good public defenders out there who really work hard and do good work, but also a lot of underexperienced and overburdened public defenders who are just being crushed. There’s always systemic pressure for cops and prosecutors to cut corners. I certainly don’t think the lessons of Carlos DeLuna’s case have been learned.
In your view, what are the most important of those lessons?
The fallibility of our criminal justice system. Carlos DeLuna wasn’t convicted and executed in some third world country — he was given a trial and a lawyer and appeals and all the other protections and yet he still slipped through the cracks.
And the other lesson is the widespread nature of the factors involved, like the unreliable eyewitness ID. People go to prison on that basis every day. It seems highly likely there are more Carlos DeLunas.
The way that we found this story and developed it was enormously labor-intensive. The number of man-hours that went into this, between authors, investigators, research assistants, and the whole staff of the Columbia Human Rights Law Review … you just can’t do this for every case where there’s some kind of colorable suggestion of the possibility of wrongful execution.
I’d be very surprised if there aren’t more like him.
* The Tribune series on DeLuna began on June 25, 2006 … the day before Supreme Court crank Antonin Scalia taunted in Kansas v. Marsh that there was “not one” case of a “clear” wrongful execution. “The innocent’s name would be shouted from the rooftops by the abolition lobby,” Scalia wrote.
** Eyewitness (mis)identification is also at the heart of the Ruben Cantu case, another suspected wrongful execution in Texas.
Moscow-educated at 
The ringleader was one Jimmy Chua (pictured at right), a former policeman turned gangland figure who had been detained on a murder charge; accomplices Ng Lai Huat, Sin Ah Lau , Lam Hock Sung, Yap Chee Keong, and Phang Boon Ho were all in prison on various firearms violations. The intrinsic impossibility of their position was underscored over the course of the siege, as Kuala Lumpur gawkers began to join the armed soldiery surrounding the jail: the prisoners who had made themselves centers of attention did not dare trust food sent by the guards, eating only the dwindling provisions that were left on hand at the time of their clinic attack. So how exactly were they ever going to come to an endgame where they would trust assurances to walk out the gates to a mystery car?
Then he turned the ax on poor Marie and the family’s two daughters.*
At the time, not many people took seriously DeLuna’s claim that a different Hispanic man named Carlos — one Carlos Hernandez — was the man who actually slashed Wanda Lopez to death in a Corpus Christi gas station on February 4, 1983.
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