Dora Cisneros

Case record: United States v. Dora Garcia Cisneros (United States Court of Appeals for the Fifth Circuit)

Parties

• United States of America (Plaintiff-Appellee)
• Dora Garcia Cisneros (Defendant-Appellant)

Status and procedural posture

The matter was considered by the United States Court of Appeals for the Fifth Circuit. The appellate panel issued its decision on October 28, 1999.

Timeline

• March 3, 1993 — Joey Fischer was shot and killed outside his home as he was washing his car.
• April 5, 1993 — Maria Mercedes Martinez was arrested at her house.
• April 6, 1993 — Dora Cisneros was arrested for capital murder while in her car as she was giving Maria Mercedes Martinez $500.
• April 19, 1994 — Dora Cisneros was sentenced to 30 years to life in prison.
• October 28, 1999 — The Fifth Circuit affirmed Cisneros’s conviction.

Background

Dora Cisneros was the mother of five children and was described as a doctor’s wife. She was also described in relation to her youngest daughter, Christina.

Joey Fischer was described as a high school student. He began dating Christina Cisneros (“Christina”) in the spring of 1992. The relationship ended after only several weeks.

Dora Cisneros first sought to persuade Joey Fischer to change his mind. When that did not work, she went to a fortuneteller, Maria Martinez (also identified as Maria Mercedes Martinez), and asked about whether Fischer was destined to marry Christina. After tarot cards did not provide the answer Cisneros wanted, Cisneros told Martinez to put a curse on Fischer. Near the end of October, Cisneros turned to a more mundane solution and asked Martinez to find someone to beat up Fischer. By winter, Cisneros decided to have him murdered.

The offence

Joey Fischer was shot and killed. The conduct described included:

• a plan arranged through a fortuneteller and a middleman,
• telephone calls and travel described as involving Mexico,
• a scheme implemented through gunmen.

Murder

On March 3, 1993, Joey Fischer was shot and killed in his driveway as he was washing his car. The killing was described as occurring near the time he was preparing for school.

Investigation

Initial scene evidence and early investigative leads

Police found a yellow business card lying near Joey Fischer’s body. The card was from a bail-bond company in McKinney, Texas and included a handwritten telephone number with a 214 area code. Investigators later linked this handwriting to a bail-bond application with the same distinctive handwriting.

Daniel Garza as a key figure

Investigators tracked down people who had stayed at a motel and eventually came up with Daniel Garza (described with the nickname “El Güero”). He was described as having family trouble and as having gone to a curandera.

Investigators described Garza as a middleman involved in arranging the killing.

The fortuneteller: Maria Mercedes Martinez

Maria Mercedes Martinez was described as a fortuneteller and Mexican faith healer. Police described a relationship between Martinez and Dora Cisneros.

Martinez was described as being a seventy-two-year-old woman who charged five dollars to “tirar las barajas” (“throw the cards”).

Arrest

Arrest of Martinez

On April 5, a month after Joey Fischer was killed, Maria Mercedes Martinez was arrested at her house.

Arrest of Cisneros

On April 6, officers arrested Dora Cisneros in her car as she was giving Martinez $500.

A detail in the narrative described an item discovery in the course of events around that time: park workers discovered a bulky brown paper shopping bag dumped into a resaca, containing paraphernalia described as brujería items and tarot cards. Antonio Zavaleta was called to photograph and document the items.

Trial

State court proceedings

Cisneros was described as being convicted in state court for capital murder and later having that conviction overturned by a Texas appeals court for insufficiency of evidence linking her to the murder.

Federal prosecution under the murder-for-hire statute

After the state proceedings, the case was turned over to federal prosecutors. Cisneros was charged under 18 U.S.C. § 1958 and was convicted.

Trial length and jury deliberation (as described)

A federal jury deliberated and returned a verdict; the narrative described the decision as coming after about three hours of deliberations.

Sentencing

Appeals

The appeal was decided by the United States Court of Appeals for the Fifth Circuit on October 28, 1999.

Opinion and issues addressed

The opinion stated that Cisneros argued multiple instances of insufficient evidence and error. The court addressed whether the government presented sufficient evidence to show the interstate/foreign commerce requirement for a federal murder-for-hire conviction under 18 U.S.C. § 1958.

The opinion quoted and discussed statutory language in relevant parts for 1993.

Statutory language discussed by the court (verbatim)

(a) Whoever travels in or causes another (including the intended victim) to travel in interstate or foreign commerce, or uses or causes another (including the intended victim) to use the mail or any facility in interstate or foreign commerce, with intent that a murder be committed in violation of the laws of any State or the United States as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value, shall be fined not more than $10,000 or imprisoned for not more than ten years, or both; and if personal injury results, shall be fined not more than $20,000 and imprisoned for not more than twenty years, or both; and if death results, shall be subject to imprisonment for any term of years or for life, or shall be fined not more than $50,000, or both.
(b) As used in this section and section 1959 ․ (2) “facility of interstate commerce ” includes means of transportation and communication. 18 U.S.C. § 1958 (emphasis added).

The opinion addressed the meaning of “facility in interstate or foreign commerce” and whether the definition in subsection (b) applied.

The opinion also discussed a “rule of lenity” and legislative history describing concerns about creating concurrent federal jurisdiction over murder cases.

Evidence discussed in the opinion (verbatim quoted testimony/phrases)

The opinion described Garza’s testimony regarding phone calls from Mexico, and also described defense and government evidence.

The opinion used the following phrases and quoted statements in the factual discussion, including:

• the description of what Cisneros told Martinez,
• Garza’s discussions with Martinez,
• details of the implementation of the scheme.

Among the quoted references included in the narrative portion of the opinion were:

• “the client” wanted the boy killed.
• “casetas,” booths where a caller pays for the call after making it.
• Garza’s description about collect calls from Mexico being difficult.
• Garza testified he had made the calls from Mexico towns: “San Fernando and Matamoros.”
• “the boy” and “her client” in relation to Martinez asking about finding someone to kill Fischer.

The opinion included the following quoted detail about the relevant entry and plate:

• Border authorities recorded its Mexican license plate number as “821 THE7.”

Judicial disposition regarding sufficiency

The Fifth Circuit affirmed the conviction, stating in its “For the reasons stated herein” portion that the conviction was affirmed.

Verbatim holding

For the reasons stated herein, Cisneros's conviction is in all respects AFFIRMED.

Outcome

• Cisneros’s conviction was affirmed by the United States Court of Appeals for the Fifth Circuit.

Other details

Names and roles included in the narrative

• Joey Fischer (Albert Joseph Fischer Jr.) — victim; described as a high school student and boyfriend/ex-boyfriend of Christina.
• Christina Cisneros (“Christina”) — daughter of Dora Cisneros; described as a former girlfriend of Joey Fischer.
• Maria Mercedes Martinez — fortuneteller/faith healer; described as involved in the scheme.
• Daniel Garza (“El Güero”) — middleman described as facilitating arrangements and using telephone calls.
• Israel Bazaldua Cepeda — described as an alleged hit man in the narrative.
• Heriberto “Eddie” Pizana — described as an alleged hit man in the narrative.
• Ramon Palomares — described as another Cuellar hit man referenced in the appellate opinion.
• Ramiro Moya — described in the appellate discussion related to hearsay and involvement.
• Rudy Cuellar — described as part of the drug smuggling and auto theft operation referred to in the appellate opinion.
• Victor Moreno — described as involved in Cuellar’s organization and testimony regarding the Fischer murder.

Quotations from the appellate materials (as included in the narrative)

The narrative included multiple quotations and defined terms used in the appellate decision, including the quotes already reproduced above (e.g., “the client,” “casetas,” “the boy,” “her client,” and “821 THE7”).

Limitation: statute discussed

The opinion stated that it addressed the relevant parts of the statute in 1993 and noted later amendments affecting capital punishment.

Case caption and docket

The appellate record included:

• No. 98-40955
• Case caption: United States of America v. Dora Garcia Cisneros