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John —
Earlier this month, the Biden administration ordered a moratorium on federal executions, an important step in the right direction, but it’s not enough. President Biden must commute the sentences of all on federal death row, and the case of Carlos DeLuna, who maintained his innocence until his execution, illustrates exactly why.
The new documentary film The Phantom tells Carlos DeLuna’s story and paints a portrait of a grave injustice that can’t be undone.
Take a moment right now to watch the trailer for The Phantom and then sign the petition calling on President Biden to commute the sentences of people on federal death row so others won’t share Carlos’ fate.
On the night of Feb. 4, 1983, a gas station employee in Texas named Wanda Lopez was stabbed to death after calling the police to report a suspicious man with a knife outside the store. Law enforcement arrived on the scene quickly and launched a manhunt after receiving two different descriptions from different witnesses. After a chaotic search, Carlos DeLuna was arrested.
At his trial in July 1983, Carlos DeLuna insisted that Wanda Lopez had been murdered by his acquaintance, Carlos Hernandez. But prosecutors immediately rejected the claim without a thorough investigation and accused Carlos DeLuna of blaming the murder on a “phantom” person. Carlos DeLuna's conviction was based on the thinnest of evidence: a single, nighttime, cross-race eyewitness identification and no corroborating forensics. Despite the bloody crime scene, there was no blood on DeLuna's clothing. He maintained his innocence to the very end, and was executed on Dec. 7, 1989. He was just 27 years old.
At his trial, Carlos DeLuna (left) maintained that Carlos Hernandez (right) had committed the murder, but the prosecution and courts asserted that Mr. Hernandez was a “phantom” person.
Evidence uncovered years after Carlos DeLuna’s execution proved not only that Carlos Hernandez existed, but that he was well-known to police and prosecutors at the time of trial. This huge miscarriage of justice can never be undone, and it’s exactly why we need to abolish the death penalty.
The first step toward justice is to commute the sentences of everyone on federal death row. Will you sign our petition right now, demanding that President Biden take action to ensure that no more innocent people are executed at the hands of our federal government?
We’ll never stop fighting for justice, and we’re so glad to have you on our side.
Thanks for your support,
— The Innocence Project Team
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