Murder of Joey Fischer
Murder of Joey Fischer | |
---|---|
Born |
Albert Joseph Fischer Jr. January 16, 1975 Brownsville, Texas, U.S. |
Died |
March 3, 1993 18) Rancho Viejo, Texas, U.S. | (aged
Cause of death | Gunshot wounds |
Resting place |
Mont Meta Memorial Park San Benito, Texas, U.S. |
Alma mater | Saint Joseph Academy |
Known for | Murder case |
Parent(s) |
A. J. "Buddy" Fischer (father) Corinne Nelson (mother) |
On March 3, 1993, Saint Joseph Academy high school senior Joey Fischer was shot dead outside his home in Rancho Viejo, an upscale community north of Brownsville, Texas. Dora Cisneros, the mother of his ex-girlfriend, was responsible for orchestrating Fischer's murder after he broke up with her daughter Cristina. Fischer and Cristina had broken up the previous summer, but Cisneros became obsessed with their relationship and insisted Fischer return with her daughter. After Fischer refused a US$500 offer from Cisneros, she consulted María Mercedes Martínez, a fortuneteller, to cast a spell on him.
The fortuneteller told her she was not able to do that, but Cisneros insisted that she would pay to have someone beat him up. Cisneros later decided to have Fischer murdered instead and told Martínez she was willing to pay US$3,000 to anyone who would kill him. Martínez offered to help and Cisneros gave her the money and a photograph of Fischer. Martínez then gave this to one of her clients, Daniel Orlando Garza. He then contacted two Mexican hitmen from Matamoros, Tamaulipas, Israel Olivarez Cepeda and Heriberto Puentes Pizaña, who killed Fischer and then escaped to Mexico. The killing drew national attention because of the unusual circumstances of the crime.
Garza, troubled by what he did, confessed to the police that he acted as a middleman in Fischer's murder. He cooperated with the police to incriminate Martínez, who then aided in Cisneros' arrest. Cisneros and Garza were eventually sentenced to life in prison by a state court in 1994, but Cisneros' sentence was overturned due to a legal technicality. She was convicted again in 1998 by a federal court and sentenced to life in prison. Martínez was given a 20-year sentence after pleading guilty and testifying against the two in court. Though U.S. officials tried to have the two assassins extradited, the hitmen never faced trial in Texas. They were prosecuted in Mexico and handed a 15-year sentence.
Background
Albert Joseph "Joey" Fischer Jr. was born in Brownsville, Texas, on January 16, 1975.[1] His parents were A. J. "Buddy" Fischer and Corinne Nelson.[2] The couple divorced in 1987 and remarried separately.[lower-alpha 1] Fischer lived with his mother and his stepfather Vernon "Beau" Nelson. Fischer was a senior honors student at Saint Joseph Academy (St. Joe), a Catholic private school in Brownsville. He had a 98.5 grade-point average, was ranked eleventh in his class, and was going to attend the honors program at the University of Texas at Austin upon graduation.[3][4] As an 18-year-old, he enjoyed basketball and was a fan of the Los Angeles Lakers, loved computers, and talked about pursuing a career as an engineer. Along with two other classmates, he was voted "Most Sarcastic" by his high school class, and was known for sometimes acting foolish and having a good sense of humor. In addition, Fischer was mostly attracted to Latina girls. During his junior year, he dated Cristina, who was a year younger than him.[lower-alpha 2] Most of Fischer's friends described her as quiet, although some said she was only reserved with people she did not know. Cristina's mother Dora Garcia Cisneros approved of Fischer's relationship with her daughter and thought he was a potentially good candidate for marriage. In Cisneros's eyes, Fischer was an overachieving student from a good family, and was more put together than the other boys at St. Joe.[3][6]
Cisneros, on the other hand, grew up in a well-off ranching family from Los Indios, Texas, and was married to David Cisneros, a surgeon from Brownsville.[lower-alpha 3][3] They had five children. She was a well-respected member of the local medical community, and was president of the southern chapter of the Cameron-Willacy Counties Medical Society. The association where she volunteered helped raised medical scholarships. In addition, people close to Cisneros said she was a practicing Catholic and that she cared a lot for her family. She volunteered at St. Joe and was well-liked in the social group she was part of.[9] Since Los Indios was mostly a ranching community close to the U.S.-Mexico border, Cisneros's religiosity was heavily influenced by curanderismo, a practice of religious and folk medicine healing rooted in ancient Mexican culture.[3][10]
In Matamoros and Brownsville, curanderos offered works of white and black magic. These services are known as brujería (witchcraft). People consult healers and fortune tellers for relationships: to revive their romance, to end a marriage, to make someone fall in love, or to hurt someone. People also consult them to drive away negative energy, predict the future and dangerous events, to improve their health, or to bring positive energy.[10][11] Cisneros grew closer to curanderismo after her firstborn, David, died after being thrown from a moving vehicle by a friend while he was in St. Joe in 1974. People close to Cisneros described her as a person who endured several tragic events growing up. One of her uncles committed suicide when she was young, and her brother drowned as a teenager. But several close to her maintained that after her son died, Cisneros started to show signs of insanity, became more protective with her children, and began visiting local curanderas.[3]
Relationship with girlfriend
Fischer and Cristina often did outdoor activities together but Fischer's stepmother thought they were only friends. She said that she never saw Cristina and him hold hands or express a behavior that suggested intimacy. According to his friends, Fischer went with Cristina to South Padre Island, Texas, during spring break and had sex with her in her parents' condominium. They said that he did not brag about it and in fact seemed to regret his decision. Cristina denied that this ever happened, and later that year both of them attended St. Joe's prom together. In June 1992, Fischer broke up with Cristina; he told one of his friends that their relationship was only physical and that he did not feel an emotional attachment with her. Fischer had given Cristina his ring while they were dating, and once they broke up, he asked her to give it back. Cristina refused.[3][12]
During the first weeks of the summer, Cisneros called Fischer several times and asked him why he had broken up with her daughter. He told Cisneros that Cristina was very kind but that he wanted to be single and date other girls. Cisneros then called Fischer's father, Buddy, and asked him why Fischer had broken up with Cristina. Fischer was angry that Cristina did not return his ring, so he wrote a letter to her saying that he wanted his ring in ten days or he would take action. Cisneros then called Buddy and told him she wanted to talk about his son's ring and other things, so both agreed to meet at a Burger King. Cisneros asked Buddy why Fischer broke up with Cristina, and Buddy said that was between his son and her. He said that his son was old enough to make his own decisions and that he would not get involved in that. Cisneros then asked him if he knew that Fischer drank, and he responded that at his son's age it was not uncommon to drink. Cisneros then proceeded to say she had seen Fischer drunk once before, but his father responded by saying that if he had been drunk before, it was not in his presence. Sex never came up in the conversation. Buddy then told Cisneros he would speak to his son about acting like a gentleman, and Cisneros promised to give Fischer's ring back. Buddy recalls that the meeting was awkward but friendly.[3]
Buddy got home and told Fischer to apologize to Cristina if he had offended her, and to tell her that they should be friends. It is unknown if he took his father's advice, but according to one of Fischer's friends, Cisneros continued to call him after his father's encounter. One of his friends stated that Fischer said that Cisneros had offered him US$500 to get back with her daughter, but he refused.[3][13] Fischer grew angry at Cisneros's insisting and eventually called her and told her to stop.[lower-alpha 4] Once Fischer's senior year started, he began to date a new girl, Marianela Caballero of San Luis Potosí, Mexico. He invited her to the homecoming dance but they did not date for their first semester because Marianela did not want any commitments. However, by the start of their second semester, they started dating. Around that same time, Cristina started dating another boy too. Fischer told his friends that he was fine with Cristina dating other men.[3]
Murder
On Wednesday, March 3, 1993, in Rancho Viejo, Texas, an affluent community just north of Brownsville, Fischer woke up early to get ready for school. Just before 7:00 a.m., he went to the garage and reversed his mother's car into the circular driveway at his home in 3 Cortez Avenue.[3][14] He then walked towards the corner of the house and grabbed the garden hose to spray water on the car's windows, which were covered in dust. As he sprayed his car with the hose, someone came up from behind and shot him twice at point-blank range with a .38 Super pistol.[lower-alpha 5] One of the shots penetrated his chest and the other his brain.[3][15] Fischer's mother looked out of the window to see what had happened, thinking the noise came from one of the house's palm trees branches that had fallen on the roof, or that the car had backfired. She did not see the car and thought that perhaps her son had gone to the convenience store to pick up something, but Fischer's brother Eric told her that he could see the car parked in the driveway.[3]
She then headed to the garage and saw Fischer's corpse lying face up in the driveway. She then told her daughter Kathy to call 911 and her father Buddy who lived a few minutes away. Buddy quickly put on some clothes and headed towards the scene. He took a shortcut off Texan highways 77 and 83 to reach the house, and recalled going over 110 miles per hour (180 km/h) at some point and brushing off a few cars along the way by making gestures with his left hand. Once he reached Rancho Viejo, he ignored the entrance and instead drove through the palm trees field. As he drew closer to Fischer's house, he heard police sirens at a distance. When he arrived, he saw his son's dead body holding the garden hose. The running water had covered the entire roadway with Fischer's blood.[3] Witnesses, including Eric, recall seeing a short-bearded Hispanic man in his mid-20s driving a white, four-door vehicle with Mexican license plates and speeding away after the attack.[5][16] Kathy then phoned one of Fischer's closest friends before school started and asked him if he knew if Fischer had any enemies. Fischer's friend could not think of anyone who disliked him, and only recalled that Fischer and him had gotten in an altercation with a group of boys at a football game.[3]
The evening before Fischer's burial, over 600 people attended a Catholic service at St. Mary's Church in Brownsville. His parents decided to have an open casket to allow attendees to kneel and pray next to the coffin. He was buried at the Mont Meta Memorial Park in San Benito, Texas. The funeral took place in the same church and also had a large attendance, including Buddy and Corinne's acquaintances and Fischer's high school classmates. His girlfriend Marianela Caballero and her mother attended both services. Cristina, his ex-girlfriend, was at the services too, but her mother was not present. In the days following the funeral, several of Fischer's long-time friends and their parents gathered at Buddy's house for moral support. Fischer's family moved out of the house where he was killed and went to live with Corinne's mother.[2][3] The day of the murder, the Brownsville police offered a reward of US$5,000 to civilians who could assist in the arrest of anyone involved in the murder.[15] A week later the reward increased to US$20,000.[17] Five months after the murder, Fischer's house was sold at a US$18,000 loss.[lower-alpha 6][18]
Investigation
Initial evidences
Initially the police believed that the murder was a drive-by shooting,[19] but investigators discovered a tennis shoe print near the outdoor air conditioning unit and a yellow business card next to Fischer's body.[3][5] Though the business card was bloodstained by Corinne's hands after she tried to stop the bleeding, investigators were able to decipher the origin of the card. It was a business card from the Collin County bail office in McKinney, Texas. On the card was a printed phone number and a handwritten area code, 214, from the Dallas area. Alex Perez, the former sheriff of Cameron County who was appointed to lead the investigation, called the bail office and asked them to fax copies of Rio Grande Valley residents who had bond applications. The police theorized that perhaps the assailant had dropped the card after Fischer tried to defend himself. The bail office faxed the police several applications, but also included one from Rudy Cuellar, a Dallas resident who visited Mexico frequently.[3][20]
That morning, the police interrogated Fischer's girlfriend Marianela at the sheriff's office. They asked her if she had ever had cross words with Cristina, and she said she had never talked to her, though she was confused why they asked her about his ex-girlfriend. Cisneros was also interrogated, but the police found nothing unusual about her behavior, only that she was nervous and had left her car keys inside the vehicle. Later that day, Cristina went to Buddy's house and offered her condolences. The police did not treat the Cisneros's connection to Fischer any differently than the rest of the leads. They knew of Cisneros's calls, but they did not think it was suspicious enough to rule it a crime of passion. His stepfather thought that the murder was initially tied to a contract dispute he had with a Chinese shrimp firm based in Arroyo City, Texas, just north of Brownsville. He had terminated a contract worth thousands of dollars after a legal dispute. The police began to investigate this lead, and told Fischer's family that they were probably in danger. For about two weeks, Fischer's family hardly left their house and his parents considered sending Kathy and Eric to San Antonio, Texas, where their grandparents lived.[3]
Given the high-profile case, the police received several tips from citizens;[14] the police theorized that Fischer was killed by a drug gang that had mistaken him for someone else.[21] They questioned a man who was alleged to be the intended victim, but the rumors turned out to be false. They also investigated an abandoned vehicle near the U.S.-Mexico border that they suspected was used in the shooting. The car was reported as stolen in South Padre Island, but detectives determined that it was not the vehicle the murderers used.[14] The police continued to pursue the lead from the bail office in McKinney. They called the office and asked for recent bail applications that came from South Texas. The office gave them Cuellar's full name, his Dallas address, and a faxed copy of the application. Investigators noticed that the man's handwriting, specifically how the "4" was written down, matched the handwriting on the yellow business card found at the murder scene.[3][22]
Brownsville officers then headed to McKinney with a warrant revoking Cuellar's bond. Cuellar later showed up at the bail office, unsure why his application was cancelled. After questioning him, he said he had given that yellow business card to a man at La Quinta motel in Brownsville, and told him to call that number if he was ever arrested. Investigators knew that this motel in downtown Brownsville was a meeting area for low-level criminals. The sheriff's office began investigating the people who had stayed at that motel in previous months.[3][22] Cuellar put the police in contact with Ramiro Moya, a San Antonio resident who frequented Brownsville and claimed to know details on the murder. Moya then led the police to his half-brother Daniel "El Güero" Orlando Garza, a San Antonio painter who frequented Brownsville and Mexico.[20]
Suspects and leads identified
Garza was interrogated by the police at a San Antonio motel,[20] where he claimed to have a landscaping business in Mexico, though the police suspected that he was a drug dealer.[3] After further questioning, Garza admitted on March 31, 1993, that he had made arrangements to have Fischer killed. He told the police that he confessed because he was troubled by what he had done.[20] He was not arrested immediately because investigators needed more information from him to continue the case. He told investigators that it all started when he visited a local fortuneteller after he separated from his wife in 1992. The fortuneteller, María Mercedes Martínez de Sánchez, consulted with Garza in several sessions in an attempt to repair the relationship Garza had with his wife.[lower-alpha 7] Garza's son was born with muscular dystrophy and his wife was going through a mental depression, to the point where she wanted to kill herself and their son. Investigators said that Garza believed his wife's relatives had cast a spell on their marriage and needed Martínez's help. They discovered that Martínez promised to help Garza if he agreed to help kill Fischer.[25][26] Garza confirmed to the police that Martínez was working with a "client" (Cisneros) that wanted Fischer dead, along with anyone who got in the way. Cisneros visited her at least three times to consult her after the break-up.[5][27] During their first meeting, Cisneros wanted to know if Fischer felt anything for her daughter. Martínez read through her cards and told her that he was no longer in love with Cristina. Cisneros then paid US$5 for the card reading and left the shop upset with Martínez's answer.[28]
During their second meeting, Cisneros asked Martínez to cast a spell on Fischer. Martínez said she was not able to do that, and Cisneros grew angry and left the store. A few days later, Cisneros called Martínez and asked her to pray for Fischer to get back together with Cristina. Cisneros returned for a third visit to Martínez's shop in October 1992, and asked Martínez if she knew anyone willing to beat up Fischer. By winter, she upped her request and asked to have Fischer killed,[lower-alpha 8] offering US$3,000 to have that person do it.[5][29] According to Martínez, Cisneros told her that Fischer had raped Cristina and was telling his classmates at St. Joe that he had sex with her.[lower-alpha 9] Cristina said she never had sex with him, however.[22] Although Garza assured Martínez that he would find someone to carry out the job, he kept calling and visiting her to discuss his marriage problems. Under pressure from Cisneros, Martínez would often interrupt the sessions with Garza to remind him of the plan. Garza lied to Martínez on several occasions by telling her he had someone lined up to kill Fischer. Cisneros contacted Martínez in November to ask her why it had not been done. Martínez responded that she did not know when the murder would be carried out.[5] Garza eventually divorced his wife on January 4, 1993, and kept calling Martínez to tell her that his personal problems had not been fixed. On January 9, he travelled to Brownsville from San Antonio to talk about the divorce, and Martínez reminded him that a client of hers wanted Fischer dead. She told him again that if he helped facilitate Fischer's murder, Garza's personal problems would be solved.[22]
Martínez contacted Garza, who knew two hitmen from Matamoros who could carry out the job. Cisneros then gave a picture of Fischer to Martínez, who passed it on to Garza.[16][31] Garza contacted Israel Olivarez Cepeda and Heriberto "Eddie" Puentes Pizaña to carry out the murder.[5][lower-alpha 10] Garza had met both of them in Brownsville at Olivarez's uncle's house. During the last week of January, Garza met both of them again at a restaurant in Grand Prairie, Texas while he was working with Cuellar and Moya. Garza told Olivarez that there was a woman in Brownsville willing to pay to hire someone to kill Fischer. Olivarez said he was interested in the job and stayed in contact with Garza.[lower-alpha 11][22] Olivarez and Puentes Pizaña were part of a cross-border drug trafficking and car theft ring that stretched from Mexico to Chicago. This organization was headed by Cuellar, the same man whose bond application was investigated by the Brownsville police after the business card was discovered at Fischer's house. Garza met the two again in Dallas on February 14 to describe the murder plans. They were given Fischer's photo, a map with the address, and promised that they would do as told on their next trip to Brownsville.[lower-alpha 12] On March 2, the night before the murder, Garza was traveling from San Fernando, Tamaulipas, Mexico, to San Antonio and bumped into the two at a motel in Brownsville.[lower-alpha 13] Olivarez asserted that he was ready to carry out the plan.[5]
Hours before and after murder
According to U.S. border surveillance, a white Grand Marquis with Mexican license plates 821-THE7 crossed a Brownsville border entry at 6:39 p.m. CT on March 2. This car had crossed to Brownsville from Matamoros eighteen times between August 1992 and March 1993. When police went to the motel to check the registry, they discovered that at 8:26 p.m. CT that evening, Puentes Pizaña and Ramón Palomares, another hitman of the Cuellar organization, checked in with the receptionist. She registered the car on her notebook as a white Grand Marquis, but it was unclear if she wrote 821-WEX or 821-THE7 as the license plate.[lower-alpha 14] Other evidence showed that Puentes Pizaña's and Garza's rooms made several calls to an identical Dallas number on the day of the murder. The police were never able to connect the number with the investigation or identify the Dallas contact.[35] Other evidence showed that Garza, along with Cuellar and Moya, visited a gun shop in Dallas to purchase a .38 Super pistol. After Fischer was killed, Garza said that the gun was stolen from his house in San Antonio after someone broke into his property. The weapon was never recovered.[36][22]
Between 7:00 a.m. and 8:00 a.m. CT on March 3, the morning Fischer was killed, Olivarez confirmed to Garza at the motel that the murder was successful. Garza then went to Martínez's shop to tell her the teenager was dead, though she told Garza that she could not give him the money unless there was solid proof that he was dead. Garza then talked with Olivarez and Puentes Pizaña at the motel room.[22] A few hours after the murder, Martínez phone called Cisneros and told her that the job had been carried out. Cisneros arrived at her store minutes later and left a sealed envelope with the money. Cisneros then went to St. Joe and picked up her daughter from school.[3][22] Later that evening, Garza and Puentes Pizaña met with Martínez and picked up the envelope.[lower-alpha 15] They headed back to the motel and Garza handed over the envelope to Olivarez. Garza claims that the hitmen received $3,500, though he stated he never counted the money. Martínez said she did and that it was $3,000. Investigators believe it could have been as high as $5,000. Garza was then picked up by his nephew from Matamoros and taken to the Harlingen airport, where he flew back to San Antonio. On his way to the airport, he passed through Rancho Viejo and recalled seeing police sirens and a house cordoned off with yellow tape.[22][33]
Arrests
After Garza confessed to the police in a written statement on March 31, 1993, he was not immediately arrested because he agreed to cooperate with them to apprehend Martínez. Garza reached out to Martínez and told her that the assassins wanted more money. He met with her in April 1993 three times wearing a wire tap and had Martínez agree to contact Cisneros to give Garza the money. Martínez was arrested on April 6 and agreed to work with the police to incriminate Cisneros. The next morning, she scheduled a meeting with Cisneros and told her that the assassins requested additional money and that she needed to pay more. They went for a ride around Brownsville where Cisneros's voice was recorded. The police kept close to the car to be able to stay within the transmitter's signal. Only portions of the conversation were recorded because the police were not able to get close to the transmitter all of the time.[16][22] While in the car, Cisneros gave Martínez an envelope with US$500.[35] Cisneros then asked Martínez if there was any evidence that she had orchestrated the murder. Cisneros mentioned Garza and a man known as "El Cortado", though investigators had no idea who that person was. In the recorded conversation, there was no incriminating evidence against the gunmen since there was no evidence that Cisneros employed them or that the assassins murdered Fischer.[16] The meeting concluded when the police pulled over the vehicle and arrested Cisneros.[37] She told a police officer that she owed Martínez some money. Martínez later admitted that Cisneros did not owe her any money.[16]
Cisneros and Martínez were arrested and charged with capital murder, which in Texas is punishable with a life sentence or death by lethal injection. Cisneros was taken to the Cameron County jail. On her way there, reporters asked if she was responsible for Fischer's murder, and she shook her head. Cisneros's husband refused to comment as well. The police denied her bail, but her attorney mentioned that she was a respected member of the Brownsville community and deserved bail. Cisneros's attorney told the press that the arrest was a mistake, and that he was confident that the police had no solid evidence against her. The police responded by saying that they were content with her arrest but still needed to go after other people involved in the murder plot.[38][39] Martínez's family also said they were shocked with the arrest, and said that they hoped it was a mistake. They said they did not know the parties involved prior to this.[38] On April 13, Cisneros was released from prison on a $300,000 bond. She refused to comment as she left the prison. According to court documents, Cisneros did not go before a judge to get a bond. Her attorney reached an agreement with the Cameron County Court District after her bond was denied the week before. Martínez remained in prison and her bond was set on the same amount the next day. Her lawyer stated that she deserved a bond as well because she was a senior citizen and had a clean criminal record.[40][41]
On June 8, 1993, Garza was arrested at the Cameron County office in Harlingen after he surrendered following an arrest warrant.[lower-alpha 16] He was charged with capital murder and held at a county prison with a US$500,000 bond. Garza refused to comment on the arrest, and officers stated that they could not release details on Garza's involvement other than that they had evidence that he was involved in Fischer's murder. Arrest warrants were issued for Olivarez and Puentes Pizaña the day before. The police mentioned that they were working with Mexican officials to arrest these two, who were believed to be in Mexico.[42][43] On July 21, 1993, Olivarez was arrested along with his brother Alonso Bazaldúa Cepeda by the Mexican State Judicial Police in Matamoros on a December 1992 murder charge and for the unauthorized use of a vehicle. Both him and his brother, however, were released at around 3:00 a.m. the next day after Olivarez showed the police a writ of amparo (similar to a writ of habeas corpus), which protected his constitutional civil rights. Following their release, the Brownsville police said there are reports that the two Mexican suspects were seen in Matamoros and in Monterrey, Nuevo León, and that next time they tried to cross the international bridge, U.S. border agents would arrest them. Police records showed that Olivarez was once arrested in Brownsville on September 12, 1992, for possession of a criminal instrument, but was released on bond the following day. He wrote on his bond application that he lived in Brownsville,[lower-alpha 17] though the information was false.[20][45]
On February 13, 1994, Puentes Pizaña was arrested by the State Judicial Police in Reynosa, Tamaulipas, on a car theft charge. In an interview the following day, he said he was not guilty of Fischer's murder, stating he was at her mother's house in Matamoros when the murder occurred.[46] He insisted that neither he nor Olivarez were gun owners or users.[47] U.S. officials noted that it was unlikely for Mexico to extradite Puentes Pizaña since the extradition treaty between both countries did not cover Mexican nationals, and because Texas has the death penalty, which is outlawed in Mexico. Reynosa officials stated that Puentes Pizaña would have to face charges in Mexico before an extradition were to be considered. Car theft charges ranged from 3 to 10 years in prison. Puentes Pizaña, on the other hand, argued that facing trial in the U.S. would not guarantee a fair trial.[48][49] South Texas officials stated that there was a possibility for Puentes Pizaña to be tried in Mexico for Fischer's murder if an agreement were made between Texan and Tamaulipas state officials, though they stated that trying him in the U.S. was unlikely.[50]
On May 23, 1994, Olivarez was arrested again by Mexican State Judicial Police in Matamoros for possessing two stolen vehicles. He was interviewed by Mexican authorities and stated that he was not guilty of Fischer's murder. He admitted to have stolen cars since he was young, and stated that Garza was trying to put the blame on him to protect himself from prosecution. Olivarez justified himself by saying that he has never been arrested with a gun. He admitted going to Dallas in 1992, but stated that he only knew Garza by name. He stated he was a self-employed auto mechanic who supported his wife, mother, and uncle. Mexican officials stated that Olivarez's auto theft ring extended all the way to Monterrey, as well as in Río Bravo, Valle Hermoso, and Matamoros, Tamaulipas. He had an arrest warrant from a state judge in Reynosa for being connected to about 50 car thefts. Brownsville investigators went to Mexico to see if they could talk to Olivarez, and opened an extradition process to try to bring him to a Texan court.[32]
Legal charges and hearings
A state grand jury indicted Cisneros, Martínez, Garza, Olivarez, and Puentes Pizaña on July 28, 1993. Defense attorneys stated that they wanted to move the trial out of Cameron County because the case had garnered a lot of media attention in the local area. Martínez's defense stated that he wanted to file a motion to change the venue and have his client tried separately from the other accused. He also stated that he would try to suppress a statement made by Martínez after she was arrested in April.[51] On August 12, in a packed courtroom at the 357th State District Court house in Brownsville, Cisneros and Martínez pleaded not guilty to the murder charges. Garza also entered a not-guilty plea and stood with the accused during the court session. The judge agreed to remove "La Curandera" (Healer-Fortune Teller) from Martínez's name from the indictment after the defense complained that the alias was a media creation. The judge set the pre-hearing motion hearings for October 7, and the trial for November 8.[33] On September 20, defense attorneys for Martínez and Garza filed motions to suppress statements that their clients made since March. Martínez's defense said that she did not knowingly understand her right to a lawyer because she is not fluent in the English language, and that her arrest was unlawful. They asked the judge to discard the video and wire tap recordings because they claimed that her client was involuntarily coerced to make statements that incriminated her and thus violated the Miranda warnings. Martínez's defense requested a court-appointed translator, the elimination of the indictment, and a severance to have their client tried separately. In addition, Garza's defense said that their client's constitutional rights were violated when he made his statements. They also stated that Garza's encounter with Martínez after Fischer's murder was recorded without his knowledge.[52]
On October 27, the defense attorneys stated again that they wanted to move the venue outside of Cameron County after the huge publicity the case received. They stated that it was impossible to host an impartial jury in Brownsville because of the amount of information the press had released against the defendants. The judge stated that he would make a decision on November 2.[53] That same day, a grand jury reindicted Cisneros and Martínez on capital murder. Prosecutors had presented the evidence to a second grand jury that reindicted them and issued a document with few revisions. A clear distinction from the first and second indictment was the change from the word "caused" to "committed".[54] Because a new indictment was issued, Cisneros, Martínez, and Garza pleaded not-guilty for a second time, forcing the court proceedings to get pushed from their original dates. A pre-trial hearing scheduled for November 2 was pushed. At least 42 motions were filed by the defendants when the first indictment was made, and the second indictment meant that they had to file all motions again by November 12.[55]
On November 23, her request for a change of venue was denied by the court. The prosecution stated that the pool of possible jurors included people from other parts of Cameron County and not just from Brownsville, where most of the county's population resided and where the murder occurred. They stated it was unlikely that these potential jurors had read the articles from the Houston Chronicle, The Dallas Morning News, and The New Yorker magazine, which the defense provided earlier as evidence that Cisneros was depicted in a negative and impartial way.[56] The trial was then pushed to January 31, 1994.[55] The day of the trial, Martínez admitted that she conspired to kill Fischer and agreed to testify against Cisneros and Garza. By entering a plea bargain, Martínez was seeking to get sentenced for a conspiracy charge and have the capital murder charges dropped. The judge stated that he was not bound to the plea bargain agreement, but clarified that Martínez had the right to drop her guilty plea if she decided to.[57]
Jury selection began on February 4. The first potential jury group of 38 people was questioned by the defense attorneys. They chose 2 jurors in the first day of the selection hearing on Cisnero's and Garza's trial. Martínez was no longer in the defense since she pleaded guilty to conspiracy to murder on February 1, and agreed to testify for the prosecution against Cisneros and Garza. According to state law, a defendant cannot be sentenced based on the statement of an alleged accomplice.[58][59] While interviewing the rest of the potential jurors, each defense attorney struck two potential jurors while the state struck two as well. Two others were disqualified, but that did not count from the total strikes allowed. Each defendant was allowed eight strikes, and the prosecution sixteen for the two defendants.[59] On February 7, two more jurors were selected to hear on Cisneros's and Garza's trial, bringing it to a total of 4 out of 12 total jurors, and 2 alternate jurors. The judge also stated that he was going to analyze whether he should drop Martínez's capital murder charge since she pleaded guilty to conspiracy the prior week.[60] On February 11, the defense attorneys were half way in the jury selection after selecting a total of 7.[61] On February 16, a total of 9 were selected, but the total number of strikes were diminishing after 25 jurors were struck because they had pre-conceived opinions of the defense. The defense had used 10 strikes between them and only had 6 left. The prosecution, on the other hand, had 8 more left.[62] By February 23, 11 jurors had been selected. Only two open spots were available for jurors, one being an alternate.[63]
Testimony and evidence
Since the trial received national attention, Brownsville officials were expecting a large crowd of spectators and reporters inside the courtroom. In order to accommodate the large audience, the sessions was moved from the 357th State District Court to the 197th State District courtroom.[27] On February 25, 1994, the jury examined the evidence from the bullet remains, the motel records, and photos of Fischer's corpse. His brother Eric went to the stand and described what he saw and heard the morning his brother was killed. He said that when he heard the two gunshots, he looked through the window and saw the white car driving away.[64] A member of the Cuellar organization, Victor Moreno, testified in court and helped investigators connect the murder to members of the Cuellar criminal group. He stated that Olivarez, Puentes Pizaña, and Palomares worked for Cuellar and were behind the murder. He also said he spoke with Garza about "a murder" in Brownsville, and claimed to be with Cuellar when Palomares called Cuellar to tell him about the murder of "a boy" in Brownsville. Moreno allegedly gave money to Garza to purchase the gun in Dallas on Cuellar's behalf. After the purchase, Moreno gave the gun to Cuellar, who then reportedly gave it to the assassins. The defense stated that even if Moreno's testimonies were true for argument's sake, they were inadmissible because he was not involved in the murder. However, the court concluded that he was integral to the process that led to Fischer's murder, thus admitting his testimony as a co-conspirator hearsay exception.[5]
On February 28, Garza's half-brother Moya testified against him and said that Garza admitted that he had received US$3,000 for Fischer's murder while he was in Brownsville. Garza's defense tried to discredit Moya's statements by saying that he was facing drug offenses in Dallas and was cooperating with prosecutors to testify against Garza to receive a reduced sentence. Moya denied that such arrangements were in place. He said that the same gun used at the murder scene was bought in Dallas while he was there, and that he remembered seeing it in Garza's home in San Antonio. Records from the gun shop in Dallas showed that Garza bought the same type of gun used at the murder scene on February 1, 1993. In addition, a Drug Enforcement Administration (DEA) investigator testified that he helped record the suspects's conversations, while a Federal Bureau of Investigation (FBI) technician helped fix the tapes to improve their clarity. The defense attorneys brought in experts to discredit the recordings and prove that they had been tampered with by showing that they had marks when they were paused, turned on, and off.[65]
On March 1, defense attorneys questioned the evidence brought by the prosecution. They pointed out that the police had no written reports of the investigation and that they had failed to write down the serial numbers and mark the US$100 bills used as evidence when Martínez received the cash from Cisneros immediately before her arrest. In addition, a private forensic investigator hired by the defense stated that he could not prove that the recordings were authentic. The private investigator later mentioned in an interview that the defense had paid US$18,000 to analyze the tapes, though she stated that the payment did not influence her study of the recordings. They said that the searches the police conducted did not produce any evidences to implicate Cisneros with the murder, and that Garza was not arrested for over a month after he confessed his involvement in the murder. The police defended their stance and said that Garza was initially a witness when investigators met with him and Moya in March 1993 at a motel in San Antonio to discuss the murder. Investigators said he then travelled with them to Brownsville to give an official statement in print before Garza signed it. He then stayed at a hotel in Brownsville that was arranged and paid for by Brownsville investigators, while the police prepared the recordings for his encounter with Martínez. After incriminating Martínez, Garza was allowed to go to Mexico. Martínez and Cisneros were arrested several weeks after Garza's statement, but he was not arrested until two months later. The police stated that they made no promises to cooperate with Garza.[66][22]
On March 3, the jurors listened to the voice recordings while having a transcript in front of them. Most of the transcript had "inaudible" written on some of the excerpts because the conversations in Garza's meeting with Martínez and in Martínez's meeting with Cisneros were unclear. In the first recording, Garza met with Martínez under the notion that the gunmen were requesting more money, and that the police instructed Garza to tell Martínez that Cisneros needed to pay an extra US$500. In the recordings, Martínez told Garza that she had no money and that Cisneros was out of town. Garza then told Martínez that the assassins were difficult to make contact with because he worried that if the payments were not made, they could get angry. Martínez then asked Garza what the assassins did with the car they used and if they had worn gloves when they shot Fischer. After two more recordings between the two, the Brownsville police arrested Martínez and had her meet with Cisneros. Early into Cisneros's recording, though unclear in some parts, Cisneros was recorded handing over something to Martínez and saying "five", in reference to the US$500 the police confiscated from her during the arrest. She was also recorded asking Martínez if there was any proof that she had been involved in the murder.[67]
On March 5, Martínez testified against Cisneros and told the jury that Cisneros ordered Fischer's murder. Martínez said that Cisneros told her to keep the plan a secret and that she wanted him "good and dead". Speaking in Spanish through an interpreter, Martínez leaned forward from her seat and pointed at Cisneros with her finger, saying she told her exactly that. Defense attorneys tried to discredit Martínez's testimony and show the jury that she was a con-woman. They presented letters from several of Martínez's former clients who had paid around US$600 for love potions. One lady from San Antonio said that Martínez consulted her after she began having problems with her boyfriend and did not see positive results. Martínez denied knowing who the writers were, but changed her mind when the defense read the letters to her and the jury. She admitted that she used herbs, oils, and holy water in her sessions, and that she kept a human skull in her shop. She did not call herself a "curandera" (fortuneteller) because she did not study for such a title. Martínez was then asked to read her cards for one of the attorney's in the courtroom to show the jury how she worked.[28]
Court decision and sentences
After three weeks of jury selection and eight trial days, the defense gave their closing statements on March 7 in about three hours. They presented three witnesses and then rested their case. Fischer's mother then went to the stand and gave her final testimony and her version of the story. The judge told prosecutors that they had to choose to charge the defendants with capital murder or conspiracy to commit murder. The prosecution decided on the capital murder charge and sought to have both Cisneros and Garza condemned to death.[68] The following day, the jury convicted Cisneros and Garza of capital murder for arranging Fischer's death. Neither of them showed facial emotions when the verdict was made. Cisneros then removed her jewelry and was taken to the Cameron County jail with Garza. The jurors gathered the following day to discuss the punishment phase of the trial.[69]
On March 9, Cisneros and Garza were sentenced to life in prison after the jury decided that neither of them posed a threat to society and thus did not deserve the death penalty. This sentence included the possibility for parole if they are eligible for it after they complete 35 mandatory years behind bars. The head juror stated that the tapes were the strongest evidence against them, along with Martínez's testimony. Fischer's parents said that they were pleased with the decision and that justice was finally served, but said that their son's absence would leave a void for the rest of their lives. The prosecution intended to have Cisneros sentenced to death because they argued that her actions were premeditated and calculating. Garza's closing words were centered on his being told by Martínez that Cisneros wanted Fischer hurt, and that he would not have knowingly participated in a murder. Both defense attorneys stated that they would appeal the verdict. Cisneros's attorney in particular stated that he had asked for a severance during the trial, and that the judge's denial was the reason for his early appeal.[70][71] The defense stated that trials where two defendants implicate each other are often severed, but the judge denied to sever them because Cisneros's statement did not mention Garza. The defense also stated that they would appeal the trial because they believed that the voice recordings were tampered with and unauthenticated. A judge formalized the jury's decision to sentence Cisneros and Garza to life in prison on April 18.[72]
Martínez was sentenced to 20 years in prison on March 25 for conspiracy to commit murder. The judge recognized that although Martínez was of advanced age and might not leave prison alive before her sentence terminated, the punishment was appropriate in his judgement. She was given the maximum sentence since the lowest punishment was two years. Martínez's lawyer said that if her client had not pleaded guilty and cooperated with court officials, her sentence would have probably been the same as Cisneros's and Garza's. He also stated that she would be eligible for parole in 18 to 24 months because the murder weapon was never found. If the murder weapon had been found, Texas law would have required all convicted individuals in the murder case to serve at least a fourth of their sentences before being eligible for parole.[73][74] Both Cisneros and Martínez were sent to the all-female state prison Gatesville Unit and kept in separate cells while Garza was confined in a Cameron County prison.[75]
On July 13, 1995, Cameron County officials and state authorities traveled to Mexico City to ask Mexican officials to prosecute Puentes Pizaña and Olivarez for Fischer's murder. Thousands of documents were translated from English to Spanish and handed over to Mexico's attorney general for review.[76] On July 15, Mexican officials agreed to prosecute both of them for the murder through an international prosecution court in Mexico City. Texan prosecutors asked the Mexican government to use Article 4 of the Mexican Federal Penal Code, a little-used provision that permits Mexican citizens to be prosecuted in Mexico for crimes they committed outside of the country.[77] In order for the provision to take effect, it required the accused to be in Mexican territory; to not have faced justice in the country he or she committed the crime; and that the crime he or she was accused of is illegal in nature in the country it was committed and in Mexico.[78] Murder in Mexico carries a maximum sentence of 50 years in prison, though it is common for people to be released after 15 to 25 years for good behavior.[79] The Cameron County office stated they would use a federal prosecutor from Tamaulipas to be the judge.[80] The two accused would then be issued an arrest warrant and asked to appear in court where a federal judge would review their case and determine the punishment in a few months. When Puentes Pizaña heard of the news, he was surprised and angry with the decision. He maintained his innocence and stated he was only a car thief.[79] Olivarez, on the other hand, was in custody in a Matamoros prison.[81][lower-alpha 18] A Mexican federal judge agreed to prosecute Puentes Pizaña and Olivarez for the murder on September 20.[81] Both of them were eventually found guilty and sentenced to 15 years in prison.[82]
Overturning of conviction
On January 25, 1996, the conviction of Cisneros was overturned by the Court of Appeals for the 13th District of Texas in Edinburgh, Texas, due to a legal technicality.[83] In court, the jury was instructed that unless there was evidence showing that Cisneros employed the assassins or that there was evidence that Puentes Pizaña and Olivarez killed Fischer, she could not be convicted of capital murder. The jury had no evidence that Cisneros hired the assassins since her only contact was through Martínez. The jury analyzed the circumstantial evidence that linked Puentes Pizaña or Olivarez to the murder. They saw they registered at the motel the night before the murder and left the motel a few hours after Fischer was killed. They also analyzed that they drove a car with similar descriptions as the one seen at the scene, that they made several phone calls to the same Dallas number as Garza after the killing, and that Garza said he paid the assassins at a motel. This evidence put suspicion on the two alleged hit-men, but was not enough to prove beyond reasonable doubt that Puentes Pizaña or Olivarez was behind Fischer's murder. The court also recognized that even if Puentes Pizaña or Olivarez were found guilty of the murder, there was not enough to show that Cisneros employed the two or was ever in contact with them.[16] They recognized that there was evidence that she gave money to Martínez, who in turn gave it to Garza, but that meant there were several parties at fault. In order for the jury to find Cisneros responsible for the actions of another party, the court needed to charge the law of parties.[84]
Prosecutors agreed that Cisneros was guilty under the law of the parties, a rule that states that a person is guilty of a crime even if that person did not commit the crime directly since the person is "acting as party to the offense". However, in Cisneros's sentence, prosecutors failed to word the charge appropriately, suggesting that Cisneros "directly" hired Puentes Pizaña and Olivarez to murder Fischer instead of working through intermediaries.[85] On February 14, a state appeals court in Corpus Christi ordered Cisneros released on a US$50,000 bond, about one-sixth of the original bond posted for her trial. The order stated that the prosecution did not agree to the bail, but the document stated that they had failed to file the appropriate paperwork within the mandatory ten days.[86] On February 22, a judge ordered her released from prison. She was not available for comment, and it was not known if she returned to Brownsville.[87] Fischer's family denounced the ruling and stated that the appeals court "seemed to have lost sight" that their son was killed.[88] Brownsville prosecutors said that even if there was not enough evidence to convict Cisneros for capital murder, she could still be convicted of ordinary murder, since the appeal was approved because there was no direct evidence linking Cisneros with a murder-for-hire charge.[89] The reversal was upheld by the Texas Court of Criminal Appeals in November 1996.[90]
Re-arrest
New charges and hearings
After two years, Cisneros was re-arrested on February 25, 1998, and held without bond. According to the county jail records, she was arrested for the same murder-for-hire charges that took her to prison the first time.[90] The FBI did not initially elaborate on the charges, but they stated that she was indicted by a federal grant jury for using interstate or foreign commerce facilities to orchestrate the murder.[5][91] The indictment's hearing was done two weeks before the statute of limitations ran out. Cameron County officials stated that charging Cisneros again was not double jeopardy, which protects individuals from being charged for the same crime more than once. They argued that the new indictment included new charges not discussed in the previous trial, and that there are some areas that allow for concurrent jurisdiction that can lead to someone being charged for separate crimes under the same circumstances.[91][92] If convicted again, Cisneros was facing another life in prison sentence and a US$250,000 fine.[93] Her defense stated that they would plead not guilty and ask for a jury trial. The prosecution stated that Martínez agreed to serve as their primary witness again. The defense argued in court on March 2 that Cisneros should be set free on bond during the trial because she did not pose a threat of escaping given her previous actions during the first trial. The defense also criticized the new indictment by stating that it was vague and did not include new information.[92]
On March 9, Cisneros was released from jail on a US$300,000 bond. The court decided to side with the defense after they concluded that Cisneros would not attempt to flee before the trial. The defense stated that she never failed to appear in court in the 1994 trial even when she was facing a possible death penalty. In addition, they stated that she was a long-time resident of Brownsville and had no previous criminal history. They stated that Cisneros was aware of an FBI investigation and possibly a new indictment against her, but she decided not to flee, thus justifying her bond. Court officials imposed certain restrictions on her freedom, however. They asked her to hand over her U.S. passport and to limit her travel to the Brownsville and McAllen, Texas judicial districts. Her husband was also required to sign a document that made him a third-party custodian.[94]
On April 1, the defense asked for the new trial to be moved outside of Brownsville, claiming that their client had received unfair treatment in the media and that there was not a chance for her to have a fair trial and unbiased jury. The request included large amounts of magazines and newspaper articles since 1993. It did not cite any specific passages where the alleged media bias was mentioned. The defense also filed a motion to throw out the new indictment on grounds that it was double jeopardy.[95] On April 27, the judge decided to push the decision about where to hold the trial. He also rejected the motion from the defense stating that the new indictment was double jeopardy. The defense argued that the prosecution had illegally used Brownsville and Houston grand juries to work on the case, but the judge countered the claim by saying only the Houston grand jury had handled the case.[96] On May 4, the trial was moved from Brownsville to Houston, Texas, because of the extensive media coverage.[97]
New trial and sentence
In an opening statement for the trial on May 4, Cisneros's defense denied her client's participation in the murder, and called Martínez a liar. They stated that Martínez and Garza orchestrated the murder without Cisneros's involvement. The prosecution told the jury that Cisneros orchestrated the murder. Fischer's mother took the stand and repeated her versions of the story and of the two loud noises she heard before finding her son's corpse covered with blood on the driveway. In addition to her, other witnesses took the stand to tell the jury their stories, including his stepfather and a gardener, who saw a vehicle with Mexican license plates leaving the house when Fischer was shot dead.[97] Martínez testified in court again that Cisneros agreed to pay her to find someone to murder Fischer after Martínez told her that he was not in love with her daughter.[98] Investigators who worked on the case also testified in court and stated that Martínez cooperated with them to set up a meeting with Cisneros after she assisted her in finding someone to have Fischer killed. The prosecution stated they had audio tapes of Martínez's meeting with Cisneros, but they were asked to hold off on presenting the evidence because the defense stated the tapes were tampered with.[99] The recordings were admitted to court on May 8 and presented to the jury through translated transcripts.[100]
The prosecution brought forward bank statements that showed that Cisneros withdrew US$5,000 from a US$100,000 family safety deposit box on July 7, 1992 and March 3, 1993, the morning Fischer was killed.[lower-alpha 19] The defense stated that there was nothing illegal about visiting the safety deposit box or making the withdrawal.[101] They stated that the US$5,000 was for a family trip to Mexico. The prosecution suggested that the money was to pay off the murderers, but they were unable to provide evidence linking the two actions.[34] On May 11, the defense introduced two witnesses to rest their case after six days of prosecution arguments. Most of the testimonies from the prosecution that day were done by Garza, who stated that Martínez never mentioned Cisneros's name as the person of who she was working with to have Fischer killed. Garza stated that he consulted Martínez on his marriage, but that she would interrupt to ask him if he had found anyone who was willing to carry out her client's request and hurt Fischer. Garza claimed that he had at least four calls from phone booths in San Fernando and Matamoros, two Mexican cities. The defense stated that Garza told the FBI that he made collect calls, but Garza said they were mistaken. He said that making collect calls from Mexico was difficult, though he did not discard the possibility of having made one to Martínez. The prosecution did not enter evidence showing that Garza made calls from Mexico to the U.S., and one of the defense witness showed that Martínez's phone bill did not have any collect calls from Matamoros. The defense stated that Garza made the claim of the phone calls from Mexico to get a soother sentence, while Garza responded that he was testifying to make sure everyone involved in the murder gets punished. The defense responded by showing the jury letters from Garza's jail stating that he was willing to cooperate with the FBI in the trial for a reduced sentence. Garza responded by saying that those letters were written by one of his English-literate inmates on his behalf. The other defense witness was a restaurateur who saw Cisneros a few hours after the murder and recalled seeing her behaving normally.[5][91]
The federal jury convicted Cisneros of the murder on May 12 after three hours of deliberation. The prosecution introduced witnesses, including the motel manager and those at the crime scene, who stated that they saw a white car driven by the suspected assassins coming from Mexico the day before the shooting. The defense told the jurors that there was not enough evidence to uphold the conviction under federal requirements of reasonable doubt.[102] The government concluded that it met the burden of proof for interstate or foreign commerce charges in two ways: through Garza's phone calls from Mexico, and through the matching license plates of the Mexican car that crossed into the U.S. and registered at the motel, which matched the description of the vehicle seen at the murder scene.[5] In order to find Cisneros guilty, they were not required to prove that she intended to use interstate or foreign commerce, or even that she knew it would be used. They were required to prove that someone involved in Fischer's murder used interstate or foreign commerce or caused another person to use it.[35] On July 27, the jury rendered their final verdict and sentenced Cisneros to life in prison.[103][104] Two years later, the United States Attorney Office recognized two local police officers and three FBI agents for assisting in her prosecution.[105]
Future appeals and aftermath
On February 24, 2000, the United States Court of Appeals for the Fifth Circuit (5th Circuit), acting sua sponte, decided to rehear Cisneros' sentence en banc. After reviewing the case, they reaffirmed the conviction on January 4, 2001. A petition for rehearing was denied by the court on February 2, 2001. Her defense filed a writ of certiorari on April 4, 2001.[35] On June 19, 2001, Cisneros's defense filed a petition with the U.S. Supreme Court to review her conviction and have it overturned. They claimed that the U.S. federal government did not have jurisdiction over Cisneros's case because there was no evidence of foreign commerce to invoke federal jurisdiction.[106] Cisneros's attorney stated that the evidence brought forward from the prosecution showed that the murder arrangements were made in Texas, and that the murderers traveled from Dallas to Brownsville—not Mexico—before the murder.[107] Since the U.S. Supreme Court only reviews a few hundred cases out of the thousands it receives each year, this appeal was Cisneros's last attempt of having her conviction overturned.[106] The 5th Circuit refused to consider the appeal on October 3.[107] The U.S. Supreme Court denied her request for an appeal a second time on November 10, 2008,[108] bringing the case to full closure.[109][110]
According to the Federal Bureau of Prisons, Cisneros was jailed in the Federal Correctional Institution in Tallahassee, Florida.[111][112] Martínez, a non-US citizen subject to deportation as a result of her conviction,[57] was released from prison in April 2001 and later died in Matamoros. Garza, who was sentenced to life in prison, turned to religion and became a devout Catholic. In a letter written to the press in 2013, he thanked God for saving his life after two ruptured stomach ulcers and a heart attack that nearly killed him in 2012. He was imprisoned at the age of 42 and will not be eligible for parole until June 2028 (when he is 78 years old).[1][25] He was imprisoned at the Louis C. Powledge Unit,[113] and was later transferred to the Terrell Unit.[114]
Inside the gymnasium of Fischer's former school is a gold plaque that reads:[1]
“ | May the serenity of the peaceful oceans and the warmth of the deep blue skies embrace you in the realms of heaven. May you light heavenly skies with love and enthusiasm as you lit ours for eighteen years. May the angels welcome you with open arms and joyous voices. We love you, Joey. — Class of 1993 & Class of 1994 | ” |
Sources
Footnotes
- ↑ Buddy remarried with a woman named Connie (not to be confused with Corinne, Fischer's biological mother). Both of them held executive roles at KEMET Corporation.[3]
- ↑ Another source spelled her name as Christina.[5]
- ↑ Local media sources described David Cisneros as a "prominent" surgeon from Brownsville.[7] He graduated from the National Autonomous University of Mexico (UNAM) School of Medicine in 1966.[8] His office was at 640 E. Price Road and lived at 1545 Oriole Lane with his wife in Brownsville.[9]
- ↑ According to his friends, Fischer admitted that he was frustrated with Cisneros and that he "told her off" after she kept calling him. He said he had never insulted an adult before.[3]
- ↑ Another source stated he was shot three times; once on his back and two on his head. According to the autopsy, Fischer died almost instantly. The pathologist stated that Fischer might not have known what struck him.[14]
- ↑ Property records showed that Fischer's family bought the home on August 1, 1990, at US$108,000. On July 23, 1993, a couple bought the home for US$90,000. They told the press that the murder incident did not influence their decision to purchase the property.[18]
- ↑ Martínez was a native of San Luis Potosí, Mexico, and a long-time Brownsville resident.[23] Besides fortunetelling and folk healing, Martínez owned a second-hand clothing store, La Chuparosa, on 713 E. 11th St. in Brownsville.[24]
- ↑ Garza was initially told by Martínez that Cisneros wanted Fischer beaten up too. By January or February 1993, Garza was told by Martínez that Cisneros had upped the request and wanted him dead.[5]
- ↑ According to Marie Brenner, former writer of The New Yorker and cousin of Fischer's father, in Mexican folklore, some people believed that killing the man who took a woman's virginity can bring back her virtue.[3][30]
- ↑ Olivarez's last name was sometimes spelled as Olivares. He was also known by his aliases Israel Bazaldúa Zepeda, Rafael Mata Soto, El Cabezón, and Chutaro.[32][33]
- ↑ According to Garza, he told Olivarez about the plot to kill Fischer after hearing Olivarez confress that he had killed a man in Brownsville and dumped his body in the Rio Grande. "He [Olivarez] acted like it was no big deal", Garza told the police.[14]
- ↑ Another source says that Garza met with the two in Brownsville on the last week of February 1993 to give them Fischer's photo and address.[22]
- ↑ Another source stated that Garza registered at the motel on March 1 and left on March 11. The hitmen registered for a two-person room on March 2 and left on March 4, 1993.[22]
- ↑ Another source stated that Puentes Pizaña was the one who wrote his car on the registry. Investigators were unsure why they would sign at the registry if they were in Brownsville to commit murder.[34]
- ↑ Another source mentions that Garza picked up the money at noon after he met Martínez at her shop and confirmed Fischer's murder through the news broadcast on TV.[22]
- ↑ According to Garza's account, he was misled by the police. Garza was reportedly in Mexico visiting his family when he found out that the Brownsville police wanted to talk to him in person. He accepted to return to the U.S., but claimed to have agreed with the police that he would cooperate in exchange for a soother sentence. His family told him not to go see the police since they believed he was going to be arrested. When Garza met the police, he was put in custody.[25]
- ↑ According to police reports, Olivarez listed his address as 104 Dew St., in southern Brownsville. The police had tips that he frequented that neighborhood. The man living in the address, however, stated on May 7, 1994, that Olivarez did not live there and that he had left to Mexico.[44]
- ↑ Another source two months before inadvertently stated that Olivarez was no longer in custody.[79]
- ↑ Another source stated that it was unclear if the withdrawal was made on March 2 or 3 since it was difficult to determine the employee's handwriting.[34]
References
- 1 2 3 Schiller, Dane; Gonzalez, Patricia A. (September 27, 2013). "Twenty years later, recollections of wilder than fiction South Texas murder". The Houston Chronicle. Archived from the original on April 5, 2016.
- 1 2 "Obituaries: Albert J. Fischer Jr.". The Brownsville Herald. March 4, 1993. Archived from the original on February 11, 2017.
- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (subscription required) Brenner, Marie (September 13, 1993). "Murder on the border". The New Yorker. Archived from the original on June 18, 2017.
- ↑ Tillman 2016, p. 20-22.
- 1 2 3 4 5 6 7 8 9 10 11 12 13 "United States v. Cisneros". United States Court of Appeals. February 3, 2000. Archived from the original on February 11, 2017.
- ↑ Gonzalez, Patricia A. (March 3, 1994). "Student shot down one year ago today Friends recall Fischer". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ "Fischer case a scintillating affair; the Joey Fischer murder is tailor made for the press. The dramatic shooting death of the Rancho Viejo teen-ager allowed the media to dust off its press hat and write snappy, front page-style". The Brownsville Herald. March 6, 1994. Archived from the original on June 11, 2017.
- ↑ "Public Verification / Physician Profile: David Louis Cisneros – License Number: D5534". Texas Medical Board. Archived from the original on June 18, 2017. Retrieved June 18, 2017.
- 1 2 Gonzalez, Patricia A. (April 9, 1993). "Dora Cisneros well liked". The Brownsville Herald. Archived from the original on February 11, 2017.
- 1 2 Hendrickson 2014, pp. 80–82.
- ↑ Gonzalez, Patricia A. (March 13, 1994). "Folk healing casts spell over city; Many area residents practice, believe in curanderismo". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ Allen, Elizabeth A. (February 25, 1994). "DA: Obsessed mom plotted slaying". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ "After Prosecutor's Error, Woman Convicted of Murder Is Freed". The New York Times. March 3, 1996. Archived from the original on April 3, 2016.
- 1 2 3 4 5 Jacobs 2000, p. 352–363.
- 1 2 Gonzalez, Patricia A. (March 4, 1993). "Classmates seek clues in slaying of Joey Fischer". The Brownsville Herald. Archived from the original on February 11, 2017.
- 1 2 3 4 5 6 Court of Appeals of Texas (January 25, 1996). "Cisneros v. State". Leagble. Archived from the original on February 11, 2017.
- ↑ "Suspect is questioned in Fischer slaying". The Brownsville Herald. March 10, 1993. Archived from the original on February 11, 2017.
- 1 2 Gonzalez, Patricia A. (August 29, 1993). "Fischer house sold at loss of $18,000". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ Foster, Shawn; Gonzalez, Patricia A. (March 3, 1993). "St. Joe pupil shot to death in driveway". The Brownsville Herald. Archived from the original on February 11, 2017.
- 1 2 3 4 5 Allen, Elizabeth A. (March 14, 1994). "Good fortune helped solve Fischer slaying". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ Gonzalez, Patricia A. (March 8, 1993). "St. Joe student apparent victim of mistaken ID". The Brownsville Herald. Archived from the original on February 11, 2017.
- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Court of Appeals of Texas (January 25, 1996). "Garza v. State". Leagle. Archived from the original on February 11, 2017.
- ↑ McLemore, David (August 8, 1993). "Occult plays role in hire-for-murder case". Herald & Review. p. 8. Archived from the original on June 12, 2017.
- ↑ Thatcher, Rebecca (April 9, 1993). "Curandera kept to herself". The Brownsville Herald. Archived from the original on June 12, 2017.
- 1 2 3 Gonzalez, Patricia (May 9, 1994). "'El Guero' seeking solace for life behind bars". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ Gonzalez, Patricia A. (February 17, 1994). "'El Guero' reveals how his fortune changed". The Brownsville Herald. Archived from the original on February 11, 2017.
- 1 2 Allen, Elizabeth A. (February 24, 1994). "Fischer case expected to open today". The Brownsville Herald. Archived from the original on February 11, 2017.
- 1 2 Allen, Elizabeth A. (March 5, 1994). "Folk healer blames Cisneros in murder Martinez testifies doctor's wife wanted Fischer 'good and dead'". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ Lemieux, Josh (February 16, 1994). "Fortuneteller said Fischer did not love girl". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ Brenner, Marie (March 2, 1994). "Mexico's killers free the hit, run for border". The Palm Beach Post. p. 18. Archived from the original on June 13, 2017.
- ↑ Lemieux, Josh (January 31, 1994). "Texan Accused Of Avenging Jilted Teen". Albuquerque Journal. p. 2. Archived from the original on February 11, 2017.
- 1 2 Vindell, Tony (May 25, 1994). "Suspected gunman in Fischer slaying arrested". The Brownsville Herald. Archived from the original on February 11, 2017.
- 1 2 3 Smith, Diane (August 13, 1993). "Trio pleads innocent in Fischer case". The Brownsville Herald. Archived from the original on February 11, 2017.
- 1 2 3 "'Justice for Joey' pins passed out at murder trial". The Victoria Advocate. February 26, 1994. Archived from the original on March 28, 2017.
- 1 2 3 4 "Cisneros v. United States – Opposition". Washington, D.C.: United States Department of Justice. 2000. Archived from the original on December 27, 2014.
- ↑ Allen, Elizabeth A. (March 3, 1994). "Alleged middleman says gun stolen after slaying". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ Gonzalez, Patricia A. (April 7, 1993). "Curandera used as 'bait' to make arrest: officials". The Brownsville Herald. Archived from the original on February 11, 2017.
- 1 2 Gonzalez, Patricia A.; Thatcher, Rebecca; Smith, Diane (April 6, 1993). "Women held in slaying of St. Joe student Dora Garcia Cisneros, surgeon's wife, and curandera held without bond". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ Gonzalez, Patricia A. (April 8, 1993). "'Break up' slaying suspects to stay jailed for weekend". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ Gonzalez, Patricia A. (April 13, 1993). "Dora Cisneros freed on bond; 2nd slaying suspect remains jailed". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ "Curandera in slaying case nets high bond". The Brownsville Herald. April 16, 1993. Archived from the original on February 11, 2017.
- ↑ Gonzalez, Patricia A. (June 8, 1993). "3rd slaying suspect arrested". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ Alexander, Jack (April 12, 1994). "Wealthy Texas orders hit men: 'Kill The Boy Who Dumped My Daughter'". Weekly World News. p. 37. Archived from the original on February 12, 2017.
- ↑ Thatcher, Rebecca; Gonzalez, Patricia A. (May 8, 1993). "Sheriff is mum on wanted poster; It depicts man it says is suspected in Fischer slaying". The Brownsville Herald. Archived from the original on June 11, 2017.
- ↑ Gonzalez, Patricia A. (July 23, 1993). "Alleged killer freed moments after his arrest". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ Gonzalez, Patricia A. (February 15, 1994). "A matter of justice Fischer slaying suspect says accusation unjust". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ Lemieux, Josh (February 14, 1994). "Sheriff's investigation questions alleged gunman in Mexico". The Associated Press. Archived from the original on February 11, 2017.
- ↑ Schiller, Dane (February 15, 1994). "Mexico unlikely to extradite suspect to America for trial". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ Schiller, Dane (February 18, 1994). "County will fight to bring back Puentes; No formal precedent exists for return of accused Fischer hit man". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ "Suspect finds haven in a jail cell". The Brownsville Herald. March 21, 1994. Archived from the original on February 11, 2017.
- ↑ Lemieux, Josh (July 31, 1993). "Fischer case may move". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ Smith, Diane (September 23, 1993). "Suspects try to hush statements in Fischer case". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ Smith, Diane (October 27, 1993). "Cisneros wants a change of venue; Lawyers claim she cannot receive a fair trial here". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ Smith, Diane (October 28, 1993). "Curandera and Cisneros reindicted by grand jury". The Brownsville Herald. Archived from the original on February 11, 2017.
- 1 2 Smith, Diane (November 3, 1993). "3 plead innocent in Fischer case for 2nd time; Husband of Martinez defends wife against 'curandera' label". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ Smith, Diane (November 23, 1993). "Cisneros denied move of venue for her trial". The Brownsville Herald. Archived from the original on June 11, 2017.
- 1 2 Allen, Elizabeth (February 1, 1994). "Folk healer pleads guilty in Fischer slaying Maria M. Martinez, 72, will testify against Cisneros, Garza". The Brownsville Herald. Archived from the original on August 8, 2017.
- ↑ "Fischer trial advances". The Brownsville Herald. February 3, 1994. Archived from the original on February 11, 2017.
- 1 2 Allen, Elizabeth A. (February 5, 1994). "Two jurors chosen in day's Fischer trial selection". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ Allen, Elizabeth A. (February 8, 1994). "Fischer jurors chosen". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ "Cisneros jury selection continues". The Brownsville Herald. February 11, 1994. Archived from the original on February 11, 2017.
- ↑ Noble, Justin (February 17, 1994). "Fischer juror selection stands at 9; Many jurors struck for having formed opinions about Rancho Viejo slaying". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ Schiller, Dane (February 23, 1994). "Mexico prisoner Puentes leaves Sen. Lucio livid; Lawmaker wants county to request extradition". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ Allen, Elizabeth A. (February 26, 1994). "Jury members view evidence in Fischer case". The Brownsville Herald. Archived from the original on February 11, 2017.
- ↑ Allen, Elizabeth A. (March 1, 1994). "Garza's half brother takes stand in Fischer case". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Allen, Elizabeth A. (March 2, 1994). "Fischer trial attorneys try to cast doubts". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Allen, Elizabeth A. (March 4, 1994). "Jurors listen to tapes between Cisneros and folk healer". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Allen, Elizabeth A. (March 8, 1994). "Defense rests case for Cisneros and Garza". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Allen, Elizabeth A. (March 9, 1994). "Cisneros, El Güero found guilty". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Allen, Elizabeth A. (March 10, 1994). "Cisneros, Garza sentenced to life in prison". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Schiller, Dave (March 10, 1994). "Cisneros won't join 4 women on death row". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Allen, Elizabeth A. (April 19, 1994). "Life in prison Cisneros and Garza receive formal sentences from judge". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Noble, Justin (March 25, 1994). "Folk healer faces sentencing". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Allen, Elizabeth A. (March 26, 1994). "Folk healer sentenced to 20 years". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Gonzalez, Patricia A. (May 4, 1994). "Cisneros joining folk healer in prison". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Schiller, Dane (July 13, 1995). "Saenz: Let Mexico try Fischer pair". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Gonzalez, Patricia A. (July 15, 1995). "Mexico cooperates in slaying". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ "Código Penal Federal" (in Spanish). Chamber of Deputies (Mexico). August 20, 2008. Archived from the original on April 29, 2016.
- 1 2 3 Gonzalez, Patricia A. (July 16, 1995). "Alleged killer angry Mexico will try him". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ "Mexico to try suspected hitmen". United Press International. July 15, 1995. Archived from the original on February 12, 2017.
- 1 2 Schiller, Dane (September 21, 1995). "Mexico will try Fischer suspects". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ O'Kane 2005, p. 93.
- ↑ Schiller, Dane (January 26, 1996). "Conviction of Cisneros overturned". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Allen, Elizabeth A. (February 16, 1996). "Decision outrages stepfather". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Allen, Elizabeth A. (January 27, 1996). "Bad charge to jury aids D. Cisneros". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Allen, Elizabeth A. (February 16, 1996). "High court: D. Cisneros can go free". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Allen, Elizabeth A. (February 23, 1996). "Judge allows Dora Cisneros to go free". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ "Murder victim's father blasts court ruling". The Victoria Advocate. The Associated Press. January 27, 1996. pp. 7A. Archived from the original on June 12, 2017.
- ↑ King, Karisa (November 14, 1996). "Cisneros retains freedom". The Brownsville Herald. Archived from the original on February 12, 2017.
- 1 2 King, Karisa (February 26, 1998). "Back behind bars". The Brownsville Herald. Archived from the original on February 12, 2017.
- 1 2 3 Babineck, Marie (May 12, 1998). "Only two defense witnesses". The Brownsville Herald. Archived from the original on February 12, 2017.
- 1 2 King, Marisa (March 3, 1998). "No bond set for Cisneros". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ "Cisneros charged with using phone to plot murder". The Brownsville Herald. February 27, 1998. Archived from the original on February 12, 2017.
- ↑ King, Karisa (March 10, 1998). "Cisneros posts bond for commerce charge". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ King, Karisa (April 2, 1998). "Cisneros wants her trial moved; Says media tainted jury pool". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ King, Karisa (April 28, 1998). "Judge to decide where to try Dora Cisneros". The Brownsville Herald. Archived from the original on February 12, 2017.
- 1 2 Arrillaga, Pauline (May 5, 1998). "Cisneros testimony begins; Accused of plotting local student's death". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Arrillaga, Pauline (May 7, 1998). "Witness explains her role; Fortuneteller: Cisneros asked her to hire killer". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Arrillaga, Pauline (May 6, 1998). "Ex-sheriff's investigator testifies in Dora Cisneros trial". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Babineck, Mark (May 8, 1998). "Police tapes played for Houston jury Cisneros trial continues". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Langford, Terri (May 9, 1998). "Cisneros withdrew money before hit". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Babineck, Mark (May 13, 1998). "Cisneros convicted for plot Jurors take 3 hours; sentencing July 27". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ King, Karisa (July 28, 1998). "Life behind bars; Dora Cisneros sentencing leaves only one question: Why? 'All of us from my community have to ask: Why?' U.S. District Judge Filemon B. Vela". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Kearney, Knopp & Zavaleta 2006, p. 410.
- ↑ Salinas, Vanesa (January 7, 2000). "Five recognized for Cisneros prosecution". The Brownsville Herald. Archived from the original on February 12, 2017.
- 1 2 Ramos, Fred (June 20, 2001). "Cisneros appeals to high court to have conviction overturned". The Brownsville Herald. Archived from the original on February 12, 2017.
- 1 2 Caskey, Anthony (October 4, 2001). "Supreme Court refuses to consider Dora Cisneros case". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ Petterson, Matt (November 10, 2008). "South Texas woman who had daughter's ex-boyfriend slain loses appeal". The Dallas Morning News. Archived from the original on June 18, 2017.
- ↑ "Supreme Court refuses to consider Texas case". KGBT-TV. November 10, 2008. Archived from the original on February 12, 2017.
- ↑ Holland, Gina (November 10, 2008). "Court denies Cisneros' appeal". The Brownsville Herald. Archived from the original on February 12, 2017.
- ↑ "Supreme Court refuses to consider Dora Cisneros murder case". The Brownsville Herald. November 10, 2008. Archived from the original on February 12, 2017.
- ↑ "Inmate Locator: Dora Garcia Cisneros, Registry Number: 77877-079". Federal Bureau of Prisons. Archived from the original on June 18, 2017. Retrieved June 18, 2017.
- ↑ "TDCJ Offender Details: Daniel Garza (Powledge Unit)". Texas Department of Criminal Justice. Archived from the original on March 8, 2017.
- ↑ "TDCJ Offender Details: Daniel Garza (Terrell Unit)". Texas Department of Criminal Justice. Archived from the original on June 11, 2017.
Bibliography
- Hendrickson, Brett (2014). Border Medicine: A Transcultural History of Mexican American Curanderismo. NYU Press. p. 256. ISBN 1479846325.
- Jacobs, David (2000). Killer Babes: From the Files of True Detective Magazine. Kensington Books. p. 409. ISBN 0786010800.
- Kearney, Milo; Knopp, Anthony; Zavaleta, Antonio (2006). Further studies in Rio Grande Valley history. Brownsville, Texas: University of Texas at Brownsville and Texas Southmost College. p. 423.
- O'Kane, James M. (2005). Wicked Deeds: Murder In America. Transaction Publishers. p. 242. ISBN 1412841526.
- Tillman, Laura (2016). The Long Shadow of Small Ghosts: Murder and Memory in an American City. Simon and Schuster. p. 256. ISBN 1501104306.
Further reading
- Brenner, Marie (1998). On the Border: A Murder in the Family. Crown Publishing Group. p. 224. ISBN 0517585510.