Robert Martines Perez

Case record

Identification

• Name: Robert Martines Perez
• Other name used in proceedings: Robert Martinez Perez
• Gender: Male
• Race: Hispanic
• Hair color: Black
• Eye color: Brown
• Height: 5' 05"
• Weight: 165 lb
• Education: 9 years
• Occupation: laborer
• Age at execution: 48
• Place of offence: Dallas County
• County of offence: Bexar County, Texas
• Native county: Bexar County, Texas

Legal status and outcome

Perez was convicted of capital murder and sentenced to death. His conviction and death sentence were affirmed on direct appeal. Appeals were exhausted and his execution was carried out by lethal injection in Texas on March 6, 2007.

Timeline

• October 1986 — Perez was convicted of attempted manslaughter for stabbing a man numerous times in the heart and stomach during a domestic disturbance.
• August 1990 — Perez was paroled.
• 1992 — Perez was returned to prison for a short while; he was paroled again after four months.
• December 11, 1997 — A Bexar County grand jury indicted Robert Perez for the capital murder of Robert Rivas and Jose Travieso.
• April 30, 2003 — The Texas Court of Criminal Appeals denied habeas relief.
• September 19, 2001 — Perez’s conviction and death sentence were affirmed on direct appeal by the Texas Court of Criminal Appeals.
• May 21, 1999 — After a change of venue to Dallas County, a jury found Perez guilty of capital murder and sentenced him to death.
• October 14, 2003 — Perez filed a petition for writ of habeas corpus in a Dallas U.S. District Court.
• June 24, 2005 — The federal district court denied habeas relief on all of Perez’s claims.
• March 6, 2007 — Perez was executed by lethal injection in Texas.
• October 2, 2006 — The Supreme Court denied certiorari review.
• October 19, 2006 — The trial court entered an order setting the execution date for March 6, 2007.
• February 15, 2001 — Perez filed an application for writ of habeas corpus in the state trial court.
• March 23, 2006 — The 5th U.S. Circuit Court of Appeals denied Perez permission to appeal and affirmed the district court’s denial of habeas relief.
• June 2, 2006 — Perez sought certiorari review in the U.S. Supreme Court.

The offence

In the mid-1990s, the Mexican Mafia (“La Eme”) in San Antonio was in a state of flux. Its president, Herbert Huerta, was sentenced to life in federal prison, and he named Diane “Laura” Guzman as general of the San Antonio division. Luis “Blue” Adames challenged the appointment and named himself as the new president. The organization split into two factions that each determined to assassinate alleged traitors in the other group.

Perez, along with Robert Herrera and Frank Estrada, was identified as Huerta’s supporter. In April 1994, Perez, Herrera and Estrada spotted Adames’s car in San Antonio. They went home to arm themselves and then returned looking for Adames with the intention to kill him. Instead, they found Adames’s supporters Jose Travieso and Jesse Travieso and Robert Rivas. A barrage of gunshots followed. Perez’s group killed Robert Rivas and Jose Travieso and wounded Jesse Travieso.

Prior criminal history and background facts

Perez’s prior criminal history included a domestic disturbance in October 1986 in which he stabbed a man numerous times in the heart and stomach. He was convicted of attempted manslaughter and sentenced to ten years in prison. He was paroled in August 1990.

While on parole, Perez received convictions for aggravated assault and evading arrest. He was returned to prison for a short while in 1992 and then paroled again after four months.

The proceedings described the Mexican Mafia as having a violent and extensive criminal history and stated that, in 1996, Perez and Robert Herrera controlled the gang. It was stated that, in the period after the murders of Travieso and Rivas, Adames was murdered. The material stated that Perez ordered the hit and had planned it, and that Perez ordered murders of several other people.

The following deaths were listed in connection with alleged orders attributed to Perez:

• Emilio Barrera Alejandro died as a result of thirteen gunshot wounds, eleven to the head and two to the chest.
• Earnest Ybarra died as a result of twelve gunshot wounds.
• Adam Tenorio was killed because he disobeyed an order not to discuss the West French Place murders, and he died as a result of eleven stab wounds.
• Robert De Los Santos was killed for the same reason as Tenorio; he died as a result of blunt force trauma and strangulation.
• Daniel Moreno was killed as an example to other members, having failed to perform some task he had volunteered to do; he died as a result of two gunshot wounds, one to the face and one to the chest.
• Elijilio De La Garza (“Chico”) died as a result of eleven gunshot wounds, including five to the head; it was stated that De La Garza was the one who said Perez had ordered the killings at West French Place.

The West French Place murders were described as among the most violent and bloody in San Antonio’s history. The material stated that the targeted apartment was expected to contain large amounts of cocaine and cash. Participants went armed with shotguns, and all five people found in the apartment were bound with duct tape. Then, for reasons still unclear, all five were shot and killed. It was stated that only five pounds of marijuana and $300 in cash were confiscated.

The material also included a statement that, at the time, at least two former members of the Mexican Mafia disputed whether Perez ordered the West French Place murders, while acknowledging that Perez had ordered the hijacking.

Investigation and arrest

Police arrested Perez at his home in November 1994, seven months after the April 1994 shootings. Officers recovered $30,000 in U.S. currency, a magazine clip with ammunition, and a large quantity of jewelry.

Trial

Charges and conviction

Perez was indicted for the capital murder of Robert Rivas and Jose Travieso. After a change of venue to Dallas County, a jury found Perez guilty of capital murder and sentenced him to death.

In the federal habeas proceedings, it was stated that Perez was indicted on charges of capital murder for the 1994 murders of Jose Travieso and Robert Rivas, and that he was convicted and sentenced to death on May 21, 1999, in the 144 Judicial District Court of Bexar County, Texas. It was also stated that his conviction and sentence were affirmed on direct appeal.

Victims and relationships

• Jose Travieso was identified as a victim. In one account, he was described as wheelchair-bound from a previous shooting.
• Robert Rivas was identified as a victim.
• Jesse Travieso was identified as wounded in the shootings.
• Travieso’s nephew was identified as being at the shooting scene and testified against Perez.
• Perez was identified as father of eight in the accounts.

Evidence and witness testimony

The material stated that other witnesses testified against Perez, including a member of Perez’s gang who turned into an informant and an informant who had served as Perez’s triggerman. It also stated that trial evidence tied Perez to other gang-related killings, and that the punishment phase involved proving up thirteen other homicides.

It was also stated that Perez declined to testify and did not testify at his capital murder trial.

Quotes from trial-related proceedings

Defense lawyer David Bires said:

"That was his choice," defense lawyer David Bires said. "I felt like he had a fairly decent self-defense claim.
There had been essentially another group of people that was plotting to assassinate him and the two groups came into contact and it resulted in a shooting. There was evidence shots were fired from both sides."
But Bires said without Perez's own testimony, "It was hard to make self-defense fly. ... Then the punishment phase was so horrendous, proving up 13 other homicides. The punishment phase was absolutely gruesome."

Federal prosecutor Mary Green said:

"We presented evidence of between 12 and 18 homicides, all of which occurred while Robert was general of the Mexican Mafia here in San Antonio," said federal prosecutor Mary Green, who was a Bexar County assistant district attorney when she tried Perez. "I found out later he never pulled the trigger after the double in April 1994. All the others were ones he ordered through the years."

Jeff Mulliner said:

"I kind of appreciated all those things about him," Mulliner said.
"Other than French Place, which is a footnote, I believe part of the honor of Robert Perez is he was not dangerous to an elderly lady trying to cross the street or to a young man on the bus to work. I think the only people in danger from Robert Perez were people he was associated with that didn't follow the rules."

Sentencing

Jurors sentenced Perez to death.

The material additionally stated that in a federal trial held earlier in 1999 for the West French Place murders, Perez was a co-defendant, was convicted of racketeering and conspiracy, and was sentenced to life in federal prison.

The death penalty sentence was stated to take precedence over the life federal sentence.

Appeals and post-conviction proceedings

Direct appeal

State habeas

Federal habeas

• District Court.
• March 23, 2006 — The 5th U.S.
• Supreme Court.

Habeas claims and holdings

In the habeas proceedings described, Perez sought relief and raised due process claims. One claim challenged the presence of a plainclothes officer near the witness stand during testimony, and another challenged the admission of gang-related evidence. The application was denied.

It was stated that the district court denied the petition for writ of habeas corpus and that a request for certificate of appealability was denied. The Court of Appeals held that:

1. The presence of inspector with United States Marshal Service near two prosecution witnesses within view of jury did not violate the right to fair trial.
2. The Court of Appeals would not consider claims challenging admission of gang evidence in state capital murder trial that were not exhausted by state courts.
3. Evidence of criminal street gang operation, organization, constitution, and number of gang-related homicides was relevant.
4. Admission of such evidence did not violate the First Amendment right to freedom of association.

Quotes from inmate communications

The material included a quote attributed to Perez on an internet site used by inmates to seek penpals:

Perez said he couldn't promise letter writers much more than friendship and a "vow to be honest, respectful, understanding and a very good listener. I give you my loyalty in all aspects."

Execution and final statements

Execution setting

Perez was executed by lethal injection in Texas. He was pronounced dead at 6:17 p.m. after the administration of the lethal dose began. It was stated that this was his first execution setting and that it was Tuesday night.

Family presence and statements

The material described that Perez’s wife and sons and his brother greeted him as he entered the viewing chamber. It also stated that no victims or relatives of any of Perez’s victims attended the execution.

One account recorded that Mary Perez said:

"God Bless you," murmured Mary Perez, as two of her husband's sons, Chrisand Vicente, wept and embraced her, and his brother Ernest stood by. "You're still my hero. You'll always be my hero."

Mary Perez’s statement continued:

"You're still my hero. You'll always be my hero."

Another account reported Perez’s final statement as he greeted his relatives:

"Tell all the kids I love them and never forget," he said in a brief final statement. "Tell everybody I love them. Stay strong. Bye-bye."

Another account included a longer final statement:

“Ernest, Christopher, Ochente, Mary and Jennifer, tell all the kids I love them and never forget,” Perez said in his final statement. “Tell Bobby, Mr. Bear will be dancing for them. Tell Bear not to feel bad. My love always, I love you all. Stay strong, Mary. Take care of them.”

The material recorded additional quotes from Perez:

• "I got my boots on," Perez said, as the administration of the dose began. "Like a cowboy."

• He was pronounced dead at 6:17 p.m.

• Perez said he could "taste it."

It was also reported that Perez directed Mary:

"Take care of them," Perez directed Mary, referring to his children and family.

It recorded that after Mary said “I love you too,” Perez told the warden he was ready:

"I got my boots on, like a cowboy."

Other details

Civil lawsuit

A civil lawsuit challenging Texas execution procedures was dismissed in a Houston federal court.

Prior conviction described in accounts

The accounts described Perez as having a previous manslaughter conviction. The accounts also described him as a laborer with a ninth-grade education and as ascending to power within the Mexican Mafia using charisma and ruthlessness.

Court case citations included in the material

• Perez v. Dretke, 393 F.Supp.2d 443 (N.D.Tex. 2005) (Habeas).
• Martinez Perez v. Dretke, 172 Fed.Appx. 76 (5th Cir. 2006) (Habeas).