
Witness Summary
The following is a summary of witnesses that testified at the 1997 court hearing in Laredo, Tx. Included are statements each person made regarding personal actions or knowledge. Through these statements a picture of the investigative ineptitude, professional negligence, contradicting testimony of material facts and evidence and criminal actions made by witnesses used against Miguel Angel Martinez can be seen.
For a government that declares its self-a democratic society and defender of human rights to seek, in the name of justice, the execution of anyone is a contradiction in terms. But pursue so zealously to kill someone without regard to truth and fairness is barbaric; and to rationalize away a person’s life with a prevailing political agenda is the equivalent of the torture and genocide of a modern inquisition.
(FINGER PRINTS)
- *Lifted prints
- Arturo Galvan, Laredo police Department Investigator, duty to preserve scene, collect evidence, photograph.
Lifted prints that night, assisted by Leo Hernandez, both lifted dusted fingerprints. Finger prints from silverware, phones,
Items possibly touched by suspect, in the office, bedroom kitchen, and living room.
Good prints recovered.
Had no knowledge of anyone doing print comparison.
Prints were put in a locked (blue) box in police property room, then checked out by ID officers.
Don’t know where prints are now.
Policy was changed and prints are not deposited in the property room.
- Leopoldo Hernandez, Laredo Police Department investigator,
only lifted prints at crime scene for two hours and assisted Arturo Galvan.
There was not log at that time (Jan, 1991) for evidence left in at night.
About 20 prints lifted (personally)
Turned prints in to property room that night, no knowledge what happened to them after that.
There were good prints, useful for comparison, they were legible.
Didn’t do comparison personally.
- *Tested Prints.
- John C. Payle, Laredo Police Department Investigator, crime scene investigation ID section.
Reviewed latent print cards.
It was practiced at the time of discard them, but not know how.
Just did examination on prints in this case, but made no report, log, and tag number to verify.
Testified previously he kept and filed prints and didn’t discard them.
No personal knowledge of current print status or where prints are located.
Didn’t deliver prints to any court or district attorney.
Prints weren’t comparable (in his opinion) but reasonable minds can differ.
- *Court.
- Andy Guardiola, Assistant District Attorney, prosecuting Martinez’ case.
Didn’t request or obtain prints or report.
Personally didn’t provide any results, whether good or bad to defense attorney for Miguel Angel Martinez.
Don’t recall prints coming from knives.
ZAIN
- *As to Education.
- John fuller, State College of West Virginia, in charge of records and registration.
Zain has a bachelor of science, no minor in chemistry.
- Robert Leheaup, assistant registrar University of Virginia, records department.
Had copy of Zain’s serology course school records; showed failing grades in blood analysis, passed forensic serology. (FBI) . courses) these are the only courses taken with this institution.
- *Zain Co-workers or Center Employees.
- Daphne Norsworthy, laboratory technician.
Did general work at Bexar County, January-December, 1991.
She showed concern at interview with Dr. De-Maio, the center director, (who expressed concern of Zain’s work)
Saw Zain record results on tests not performed.
Zain recorded species test while not ever running that test.
Zain pretty often/regularly didn’t do tests and very confident no one else ran those tests not performed.
- Gustavo de Leon, Bexar County Forensic Science Center.
In serology policy is to keep blood samples forever, has been in place since 1994.
Medical examiner’s policy is to keep them for 5 years.
No aware of any re-testing done on this case.
In review of homicide cases 1989-1993, saw only worksheet in this case and compared it to report for any overstatements.
Don’t recall if he or H. Hollyday worked/reviewed this case.
Out of 295 cases reviewed, 29 did not match Zain’s report, others, included this one are OK.
- *Review of Zain.
- Dr. Stone, Chief of physical evidence section in Dallas.
Audited San Antonio (Bexar County) office 150-200 cases of Zain at random, not this case.
In review of Zain’s work, found that improbable or impossible results were reported.
- *Other Contacts with Zain.
- Sonia Medina, Laredo Police Department.
Education in evidence handling.
Zain asked what he wanted the result to be, in the one case she had personal contact with him.
- Patricia Hitch, Administrative Director for San Antonio forensics office.
Dr. De-Maio responsible for firing Zain.
No document in Zain’s file to show why he was fired.
- *Zain Replacement.
- Lonnie Ginsburg.
Didn’t re-test any of Zain’s work. Possibly reviewed Zain’s work in this case.
Responsible for crime lab. And keeping blood samples and stains stored frozen in serology database.
Possibly searched for blood samples. (None found).
Had on file head hair, victims blood in 19994.
Found these samples and didn’t test at that time.
Current policy is to keep samples indefinitely, policy begun in 1994.
Inadequate notes left behind by Zain for back-up information to check.
There was no one to review Zain’s work, though reviewer should be there.
Zain left no record of how he reached his conclusions on serological work.
Zain’s report reflective of grid sheet, but there’s nothing to see of grid sheet is correct.
Results on grid/log do not match Zain;’s testimony.
Inconsistent with prior testimony about Zain’s report and grid sheet matching and contradicts De Leon’s testimony about this
Case.
Not being in 29 cases incorrect cases worked by Zain.
Zain’s error would warrant being included to the referenced 29 cases reporting inconsistencies between reports and grid sheets.
(OTHER)
- Lisa Cinemaster, 3rd year law student.
Came to know information of witnesses at trial in particular judge Flores’ son
Present at two meetings shortly after crime.
First meeting at her home, Jimmy Jones, Judge Manuel Flores and her, present.
Purpose: Jones consoling judge Flores, speak for avoiding Milo (judge’s son) being indicted. Judge is upset and distraught,
conversation is of what can be done about the situation; if his son is indicted he’ll resign his position to help his son, a plan for
her to be a point man in selecting a very particular grand jury to “no bill” the judge’s son.
Second meeting at a law firm, present is: Jimmy Jones, Joe Rubio (district attorney), judge Flores via telephone, and her.
Agreement: was not to present Milo’s case to the grand jury so as to not risk being indicted.
Was not in the grand jury when this case was presented.
- Jose (Joe) Rubio, District Attorney, who prosecuted this case.
•No usable prints available.
•Denies agreement with Milo.
•Knows Lisa Cinesmaster.
•Not aware why evidence would be presented to the 49th District Court (judge Flores); it had no jurisdiction on this case.
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