# Solis-Gonzalez, Luis

> Court of Appeals of Texas · March 12, 2015

URL: https://www.frixlaw.com/law-library/cases/4053051

## Case

- **Court:** Court of Appeals of Texas
- **Decided:** March 12, 2015
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4053051

## How later opinions describe it (automated extraction)

- holding that evidence of another person's DNA at the crime scene will not, without 'more, constitute affirmative evidence of a defendant's innocence
- holding that while the presence of the c?ild-victim'sDNA under the defendant's fmgemails could indicate guilt, the absence of such DNA would not indicate innocence

## Opinion text

~ "-· RECEIVED IN •
.;,
~ .WR-82,831-01
COURT OF CRIMINAL APPEALS
COURT OF CRIMINALAPPEALS AUSTIN, TEXAS
Transmitted 3/11/2015 4:50:31 PM
March 12,2015 Accepted 3/12/2015 9:04:46 AM
' ABELACOSTA
NO. WR-82,831-01 CLERK
ABELACOSTA,CLERK
IN THE
COURT OF CRIMINAL APPEALS FILED IN
OF TEXAS COURT OF CRIMINAL APPEALS

JUL 29 2G15

IN RE LUIS SOLIS-GONZALEZ Abel Acostc;t. Clerk

THE STATE'S (REAL PARTY IN INTEREST) RESPONSE
TO RELATOR'S PETITION FOR WRIT OF MANDAMUS

TRIAL COURT CAUSE NUMBER 20120D04103
IN THE 243rd DISTRICT COURT OF EL PASO COUNTY, TEXAS

JAIME ESPARZA
· DISTRICT ATTORNFfKis document contains some
34th JUDICIAL DIS~~l' ti:at are of poor quality
at the time of imaging.
LILY STROUD
ASST. DISTRICT ATTORNEY .
DISTRICT ATTORNEY'S OFFICE
201 EL PASO COUNTY COURTHOUSE
500 E. SAN ANTONIO
EL PASO, TEXAS 79901
(915) 546-2059 ext. 3769
FAX (915) 533-5520
EMAIL lstroud@epcounty.com
SBN 24046929

ATTORNEYS FOR.THE STATE

The State requests oral argument.

IEJLJECftONIIC
UCC(Q)Im
• •
IDENTITY OF PARTIES AND COUNSEL

Relator - Luis So lis-Gonzalez, represented in this mandamus proceeding

and underlying criminal case by Joe A. Spencer, Jr., 1009 Montana Avenue, El

Paso, Texas 79902, and Joshua C. Spencer, 1009.Montana Avenue, El Paso, Texas

79902.

Respondent- Honorable Luis Aguilar, Judge, 243rct District Court of El

Paso County, Texas, 500 E. San Antonio Ave., 91h Floor, El Paso, Texas 79901.

Real Party in Interest- The State of Texas, District Attorney, 341h Judicial

District, represented in this mandamus proceeding by District Attorney Jaime

Esparza and Assistant District Attorney Lily Stroud, 201 El Paso County

Courthouse, 500 E. San Antonio, El Paso, Texas 79901, and represented in the

underlying criminal case by District Attorney Jaime Esparza and Assistant District

Attorneys Denise ButterWorth and James Montoya, 201 El Paso County

Courthouse, 500 E. San Antonio, El Paso, Texas 79901.

11
• •
TABLE OF CONTENTS

IDENTITY OF PARTIES AND COUNSEL 11

INDEX OF AUTHORITIES V-Vl

STATEMENT OF THE CASE Vll-IX

STATEMENT OF FACTS 1-14

STATE'S RESPONSE TO RELATOR'S PETITION FOR WRIT OF
MANDAMUS: Article 38.43 only mandates the testing of biological evidence
as defmed by subsection (a), and the trial court is afforded discretion as the
"gatekeeper" in determining whether the State has rebutted the presumption
that any biological material the defendant requests to be tested constitutes
biological evidence required to be tested. In this case, the trial court's initial
order granting the State's request for DNA testing did not constitute a
determination that the evidence the State sought, on its own initiative, to be
tested was biological evidence required to be tested under subsection (i).
Additionally, the record is devoid of any specific request by So lis-Gonzalez
for DNA testing of certain untested biological materiaL But even assuming,
arguendo, that Solis-Gonmlez made any such a request, the State sufficiently
rebutted any presumption that tlltere existed untested biological material that
constituted biological evidence required to be tested. Consequently, the trial
court did not abuse its discretion, or violate a ministerial duty, in determining
that, in the absence of biological evidence required to be tested, it would not
further delay Solis-Gonmlez's triaL 15

ARGUMENT AND AUTHORITIES 15-49

PRAYER 50

SIGNATURES 50-51

CERTIFICATE OF COMPLIANCE 50

lll
• •
CERTIFICATE OF SERVICE 51

APPENDICES A-L ATTACHED TO END OF RESPONSE

IV
• •
INDEX OF AUTHORITIES ·

STATE CASES

Bell v. State, 90 S.W.3d 301 (Tex.Crim.App. 2002) ..................... 44, 47

Bennett v. Paxson, 932 S.W.2d 81 (Tex.App.-E1 Paso 1996,
or.ig. proceeding) .................................................. 16

Board ofPardons and Paroles ex rei. Keene v. Court ofAppeals
for the Eighth District, 910 S.W.2d 481 (Tex.Crim.App. 1995,
orig. proceeding) .................................................. 16

Chase v. State, 448 S.W.3d 6 (Tex.Crim.App. 2014).. . . . . . . . . . . . . . . . . . . 17-18

Getts v. State, 155 S.W.3d 153 (Tex.Crim.App. 2005) ................... 17-18

Pitts v. State, 916 S.W.2d 507 (Tex.Crim.App. 1996) ...................... 46

Prible v. State, 245 S.W.3d 466 (Tex.Crim.App.), cert. denied,
555 U.S. 833, 129 S.Ct. 54, 172 L.Ed.2d 55 (2008) ...................... 43, 47

Rivera v. State, 89 S.W.3d 55 (Tex.Crim.App. 2002) ....................... 44

State ex rei. Healy v. McMeans, 884 S.W.2d 772 (Tex.Crim.App. 1994,
orig. proceeding) .................................................. 16

Texas Farmers Ins. Co. v. Cooper, 916 S.W.2d 698 (Tex.App.-El Paso
1996, orig. proceeding) ............................................. 16

Thieleman v. State, 187 S.W.3d 455 (Tex.Crim.App. 2005) .................. 46

Whitaker v. State, 160 S.W.3d 5 (Tex.Crim.App.), cert. denied,
543 U.S. 864, 125 S.Ct. 194, 160 L.Ed.2d 106 (2004) ............... : .... 43, 47

v
• •
STATE STATUTES

TEX. CRIM. PROC. CODE art. 38.43(a) ................................ 19, 43

TEX. CRIM. PROC. CODE art. 38.43(i) ................................ 18, 37

TEX. CRIM. PROC. CODE art. 38.43(j). . . . . . . . . . . . . . . . . . . . . 20-22, 24-25, 35, 38

TEX. CRIM. PROC. CODE art. 38.43(1) ................................... 31

TEX. CRIM. PROC. CODE art. 38.43(m) ............................ 20, 25~26

SESSION LAWS

Act of 2013, 83rd Leg., R.S., ch. 1349, § 3, 2013 Tex.Gen.Laws. 3587 .......... 18

LEGISLATIVE MATERIALS

ENROLLED BILL SUMMARY, Tex. S.B. 1292, 83rd Leg., R.S. (2013) ............. 27
' '

HOUSE RESEARCH ORGANIZATION, BILL ANALYSIS, Tex. S.B. 1292,
83rd Leg., R.S. (May 20, 2013) ............................. 27-29, 35, 37, 43

SENATE COMMITTEE REPORT, Texas Senate Committee on .
Criminal Justice, Tex. S.B. 1292, 83rd Leg., R.S. (April11, 2013) .......... 24-26

Tex. S.B. 1292 (introduced version) ...... ' ............................. 24

· Tex. S.B. 1292 (enrolled version). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-26, 28

VI
• •
STATEMENT OF THE CASE

Luis So lis-Gonzalez, relator, was charged by indictment with capital murder

on August 28, 2012. See (tab A of relator's petition). On October 17, 2012, the

State filed notice of its intent to seek the death penalty. See (State's Appendix A).

The State subsequently filed, on or about April22, 2014, a ''Motion for DNA

Testing by the Texas Department of Public Safety, Crime Laboratory pursuant to

T.C.C.P., article 38.40," which the trial court granted. See (tabs B-C of relator's

petition). On May 13, 2014, the trial court entered a written order setting

September 1, 2014, as a deadline for the completion of that DNA testing. See (tab

D of relator's petition). On June 5, 2014, the DPS lab advised the trial court by

letter that it would be unable to complete the DNA testing by the court-ordered

deadline and requested an extension of time until June 1, 2015, to complete the

testing. See (tab E or relator's petition).

On June 25, 2014, the trial court advised the parties of its intent to have a

pretrial hearing to determine the applicability of article 38.43, to address whether

the Legislature considered the delays the recent amendments to article 38.43

would cause the DPS lab, and to consider how those amendments would affect the
\

" ... Speedy Trial rights of the accused and the State[.]" See (tab F of relator's

petition). The trial court held this pretrial article 38.43 hearing on October 2,

Vll
• •
2014, during which it heard evidence and argument. See generally (State's

Appendix B- reporter's record of the October 2, 2014, hearing). In a letter to the

defense on October 6, 2014, the trial court requested that the defense identify any

necessary piece of evidence it believed the State failed to submit for testing and to

provide the justification for such testing. See (State's Appendix C). The record is

devoid of the defense's response to this request.

On January 9, 2015, the tria·l court entered a written order opining that

article 38.43 "... did not mandate that every single piece of evidence seized by law

enforcement in a [death-penalty case] must be forensically analyzed" and that the
-
evidence presented by the State at the ·october 2, 2014, hearing, showing the DNA

results of evidence that had already been tested, demonstrated " ... substantial

compliance with the intent of the statute." See (tab G of relator's petition).

Explaining that So lis-Gonzalez had been instructed to identify any necessary piece

of evidence the State failed to submit for analysis and the justification for such

testing and that So lis-Gonzalez's response did not warrant further delay of his

trial, the trial court ordered that Solis-Gonzalez's.trial setting remain on the court's

docket for May 8, 2015.

Vlll ·
• •
Alleging that the trial court violated a ministerial duty by refusing to delay
'

his trial setting until after the DPS lab completed its DNA testing of all the

evidence submitted by the State, So lis-Gonzalez now seeks mandamus relief from

this Court.

IX
• •
STATEMENT OF FACTS

The indictment in this case alleged that So lis-Gonzalez committed capital

murder by intentionally and knowingly causing the deathsofMarysol Saldivar,

Eric DeSantiago, and C.H during the same criminal transaction. See (tab A of

relator's petition). Specifically, the indictment alleged that Soli~-Gonzalez caused
\

Saldivar's death by striking her about the head with an unknown object, that he

caused DeSantiago's death by striking him about the head with an unknown object

and by stabbing him about the body with a knife, and that he caused C.H 's death

by strangling her with a ligature. See (tab A of relator's petition).

In its initial motion for DNA testing, the State requested that the trial court

order the DPS lab to " ... test all items of evidence submitted by the El Paso Police

Department containing biological evidence for DNA comparison, pursuant to

T.C.C.P. Article 38.43." See-(tab B of relator's petition). In granting the State's
/

motion, the trial court ordered the DPS lab to "... test all items submitted by the El

Paso Police Department containing biological evidence for DNA comparison."

See (tab C of relator's petition). The State's motion and the trial court's order do

not indicate that the State and the defense conferred, and agreed, about what

evidence contained biological material or that the trial court determined that any

.1

/
• •
evidence the State submitted for testing constituted biological evidence required to

be tested under article 38.43.

In the trial court's May 13, 2014, order setting a deadline for the completion

of ti?-at DNA testing, the trial court, first noting that it had previously granted the

State's motion for DNA testing, further ordered that"... all DNA testing in

reference to [this case] be completed by September 1, 2014." See (tab D of

relator's petition).

On June 5, 2014, the DPS lab advised the trial court, by letter, that it would

be unable to meet the September 1, 2014, deadline, explaining that it lacked the

resources to process the ''high volume" of evidence it received from the State by

the court-ordered deadline. See (tab E of relator's petition). The DPS lab

requested an extension of time until June 1, 2015, to complete that DNA testing.

See id.

On June 25, 2014, the trial court advised the parties of its intent to have a

pretrial hearing to determine how article 38.43 would be applied in Solis~

Gonzalez's case, to address whether the Legislature took into consideration the

delays the recent amendments to article 38.43 would cause the DPS lab, and to

consider how those amendments would affect the " ... Speedy Trial rights of the

accused and the State[.]" See (tab F of relator's petition). The trial court further

2
• •
advised the parties that it intended to also address the issue of whether " ... the State

of Texas is required to submit to a laboratory for forensic analysis, every piece of

biological evidence they seized at the crime scene." See id.

At this pretrial article 38.43 hearing, which was held on October 2, 2014,

the prosecutor, during her opening comments, explained that the State had

submitted every piece of physical evidence that contained biological material to

the DPS lab for DNA testing, but opined that if the State and the defense could not

agree on what biological material was actually required to be tested, article 38.43

provided that the trial court hold a hearing to resolve that disagreement. See

(State's Appendix Bat 3-5). Defense counsel agreed with the prosecutor's

assertion that the defense was " ... asking that all evidence that contained biological

material be tested or screened for DNA" and that the parties could not agree on

what was required to be tested. (State's Appendix Bat 4-5).

Before discussing the results of DNA testing that had been performed up to

that point, the prosecutor provided, without objection, a brief recitation of the facts

underlying Solis-Gonzalez's capital-murder prosecution. See generally (State's

Appendix B at 8-11 ). According to the prosecutor, officers with the El Paso
'

Police Department were dispatched to a residence on Bengal Street on May 31,

2012, where they found three-dead victims: (1) Eric DeSantiago, who was found in

3
• •
the kitchen with his face wrapped in duct tape and with bums on his chest,

numerous stab wounds, and blunt-force injuries to his head, (2) Marysol Saldivar,

who was found in the living room with blunt-force injuries to her head and stab

wounds, and (3) thirteen-year-old C.H, who was found in her upstairs bedroom

with a slight ligature mark on her neck and who was later determined to have died

from ligature strangulation. (State's Appendix Bat 9-10).

The prosecutor related that after So lis-Gonzalez murdered his three victims,

he went to Mexico, taking Saldivar's truck and his biological four-year-old son,

L.S .. , who had been present during the murders, and that Solis-Gonzalez dropped

L.S. off with his (Solis-Gonzalez's) parents before leaving. (State'sAppendix B

at 10-11). The prosecutor further related that Solis-Gonzalez had told his parents

that he had committed the murders and that Solis-Gonzalez's father then,

cooperating with law enforcep}ent, returned L.S. to the United States and told the

police that So lis-Gonzalez had confessed to committing the murders. (State's

Appendix Bat 10).

So lis-Gonzalez was ultimately apprehended at the United States-Mexico

border, where he turned himself in. (State's Appendix Bat 10). According to the

prosecutor, So lis-Gonzalez provided a statement to the police in which he

admitted to breaking into the victims' house earlier in the day and to later

4
• •
murdering DeSantiago and Saldivar. (State's Appendix Bat 10-11). The

prosecutor related that So lis-Gonzalez admitted to tying C.H up in L.S. 's room,

but denied killing her. (State's Appendix Bat 11).

In summarizing the major categories of evidence collected, the prosecutor

explained that evidence had been collected from the Bengal Street home where the

murders occurred, that L.S. 's clothes had been collected when he was returned to

the United States, that evidence was collected from Saldivar's truck, that Solis-

Gonzalez's clothes were collected when he turned himself in, and that evidence

was collected during the autopsies of the three victims. (State's Appendix B at 11-

12). The prosecutor further advised the trial court that Nicholas Ronquillo, the

DNA section supervisor and technical leader for the E1 Paso DPS lab, had

represented to both her and defense counsel that the DPS lap was about halfway

through the DNA testing requested by the State. (State's Appendix Bat 23).

The prosecutor then set out some of the DNA results the State had received

to date and provided photographs, the crime-scene video, and DPS lab reports, as

well as a spreadsheet setting out the DNA results, to the trial court for review.

(State's Appendix Bat 5-8,12-14, 49-51); (State's Appendices D-L). Specifically,

the prosecutor presented, in relevant part, the following specific DNA results,

5
• •
which are set out below by EPPD evidentiary number, the description of the item

from which swabs were taken, and the DNA results:

JE-02: Blood on handle of kitchen knife on kitchen counter at crime scene =
mix of DNA from Solis-Gonzalez and DeSantiago. Blood on blade of
kitchen knife on kitchen counter = mix of DNA from DeSantiago and
low level of data on other component of mixture (State's Appendix B
-at 14); (State's Appendices E-G).

JE-69: Blood on blade of knife ill upstairs restroom = mix of DNA from
Solis-Gonzalez and DeSantiago. Blood on handle of knife in upstairs
restroom= mix of DNA from So lis-Gonzalez and DeSantiago (State's
Appendix Bat 14); (State's Appendices E-G),

JE-04: Blood on handle of broken knife on kitchen floor = mix of DNA from
So lis-Gonzalez and DeSantiago (State's Appendix Bat 15); (State's
Appendices E-G).

JE-38: Blood on blade of broken knife on kitchen floor= DNA from
DeSantiago (State's Appendix Bat 15); (State's Appendices E-G).

JE-72: Blood on pair of girl's blue jeans found in C.H. 's bedroom= DNA
from Solis-Gonzal~z (State's Appendix Bat 15); (State's Appendices
-E-G) .

. 5208670: Stain on So lis-Gonzalez's right tennis shoe collected when he was
arrested= mix of DNA from DeSantiago and Saldivar (State's
Appendix Bat 15-16); (State's Appendices E-G).

MM01: Stain on Micky Mouse baseball cap collected from L.S. =DNA from
Saldivar (State's Appendix Bat 16); (State's Appendices E-G).

JE113: Bloody tissue found inside Saldivar's truck in which Solis-GonzaJez
fled= DNA from DeSantiago (State's Appendix Bat 16); (State's
Appendices E-G).

6
• •
BM01: Stain on So lis-Gonzalez's jeans collected when he was arrested =
mix of DNA from Solis-Gonzalez and DeSantiago (State's Appendix
Bat 16); (State's Appendices E-G).

JE17: Blood on piece of toilet paper found on Saldivar's crotch area= mix
of DNA with Solis-Gonzalez as a contributor. (State's Appendix Bat
16-17); (State's Appendices E-F, H).

JE24: Blood on piece of duct tape from upstairs bath tub = mix of DNA
from Solis-Gonzalez and DeSantiago (State's Appendix Bat 17-18);
(State's Appendices E-F, H) ..

JE20: First stain on piece of duct tape found in hamper = mix of DNA from
So lis-Gonzalez and DeSantiago. Second stain on piece of duct tape
found in hamper= mix of DNA from So lis-Gonzalez, C.H,
DeSantiago, Saldivar, and L.S. (State's Appendix Bat 18); (State's
Appendices E-F, H).

JE30: Stain on piece of duct tape found in L.S. 's room= mix of DNA from
Solis-Gonzalez and DeSantiago (State's Appendix Bat 18); (State's
Appendices E-F, H).

JE28: Stain on piece of duct tape found in bag of toys in L.S. 's room= mix
of DNA from Solis-Gonzalez, DeSantiago, Saldivar, C.H, and CS.
(State's Appendix Bat 18); (State's Appendices E-F, H).

JE34: Stain on "makeshift fmger cast" next to vacuum outside of upstairs
restroom= mix of DNA from So lis-Gonzalez and DeSantiago.
(State's Appendix Bat 18-19); (State's Appendices E-F, H). 1

JE66: Stain from ''fmger splint" found in C.H 's bedroom next to her bed=
DNA from Solis-Gonzalez (State's Appendix Bat 19); (State's
Appendices E-F, H).

1
The prosecutor explained that these "makeshift finger casts" appeared to have been an
. effort by So lis-Gonzalez to bandage the cuts he sustained on his fingers while stabbing the
victims. (State's Appendix Bat 16-17).

7
• •
JE70: · Stain from tennis shoe with missing shoelace found in L.S. 's room=
DNA from DeSantiago (State's Appendix Bat 19); (State's
Appendices E-F, H). 2

JE22: Stain on white shirt from upstairs restroom floor = DNA from.
DeSantiago. Stain on collar of white shirt from upstairs restroom
floor =mix of DNA with So lis-Gonzalez as a contributor (State's
Appendix Bat 19-21); (State's Appendices E-F, H).

JE99: Stain from duct tape from DeSantiago's head= DNA from
DeSantiago. Stain from rag removed from DeSantiago's head= DNA
from DeSantiago. (State's Appendix Bat 21); (State's Appendices E-
F, H).

JE78: Blood from right-hand fmgemail clippings from C.H. = mix of DNA
from Solis-Gonzalez and C.H (State's Appendix Bat 22); (State's
Appendices E-F, H).

5208670: Stain on Solis-Gonzalez's left tennis shoe collected when he was
arrested= DNA from DeSantiago (State's Appendix Bat 22); (State's
Appendice~ E-F, H). ·

BM03: Stain from Solis-Gonzalez's black shirt collected when arrested=
DNA from Saldivar (State's Appendix Bat 22); (State's Appendices
E-F, H).

The remajning evidence listed on the State's spreadsheet and mentioned at

the hearing, and for which the State presented the results of any DNA analysis, did

not serve to esta~lish another individual as the perpetrator, nor did that evidence

serve to exclude So lis-Gonzalez as the perpetrator. See generally (State's

2
The prosecutor explained that Solis-Gonzalez confessed to tying C.H. up with shoelaces
and that a bloody shoelace was found in the same drawer with one of the bloody knives. (State's
AppendixB at 15).

8
• •
Appendix Bat 15-16, 21); (State's Appendices E-H). The State also presented lab

reports indicating the items from which the analysts were unable to detect the

presence of biological material. See generally (State's Appendices E-L).

After the State's proffer of the foregoing evidence, the prosecutor explained·

to the trial court that, in an attempt to comply with the recent amendments to

article 38.43, which mandated the DNA testing of biological evidence in a death-

penalty case and because there had been no initial agreement between the State

and the defense on what items to test, she had submitted a total of 206 items of

evidence to the DPS lab for analysis. (State's Appendix Bat 23). The State then

argued that article 38.43 did not mandate the testing of every single piece of

evidence that contained biological material, that the State's submission of 206

items of evidence had overburdened the DPS lab and delayed the trial, and that

because all of the significant items of evidence had already been tested and all of

the DNA results thus far pointed to So lis-Gonzalez as the perpetrator who

murdered the three victims, the trial court could make the determination as to

whether there were any remaining untested items that were required to be tested.

(State's Appendix Bat 23-27, 40, 42-45).

When the trial court asked the prosecutor how she determined what items of

evidence to submit for testing, she explained that because she had believed the

9
• •
new amendments to article 38.43 required the testing of all items that could

possibly contain biological material, she had submitted all the evidence that could

conceivably contain biological material, regardless of whether that biological

material was readily apparent. (State's Appendix Bat 27-28).

The State then presented the testimony of Nicholas Ronquillo, the DNA

section supervisor and technical leader for the' El Paso DPS lab, who testified

regarding some of the challenges the lab faced in attempting to comply with

requests for DNA testing pursuant to the recent amendments to article 38.43.

(State's Appendix Bat 29-30). Specifically, Ronquillo explained that with its two

qualified DNA analysts, the DPS lab lacked sufficient personnel to process large

requests in a reasonable amount of time, that DNA analysis was very expensive,

and that the DPS lab did not perform touch-DNA testing because there was

typically not enough biological material to analyze with their equipment. (State's

Appendix B at 31-33).

Ronql,lillo agreed with the prosecutor that she had requested that the DPS

lab " ... take a swab from almost every piece of evidence in this case ... ," which the

prosecutor explained was to ensure that every piece of evidence that could
'·
conceivably yield biological evidence was submitted for testing. (State's

Appendix B at 33). Ronquillo explained that the DPS lab was using its logic,

10
•
reasoning, training, and skills to make a determination as to whether it needed to

collect swabs for touch-DNA. (State's Appendix Bat 33). When·asked by the

trial court how long it would take for the DPS lab to process all 206 items of

evidence submitted by the State, Ronquillo testified that he projected that the lab

would be able to complete the analysis by June of 2015. (State's Appendix Bat

33-34).

During arguments, defense counsel argued that because the State only
.
sought DNA testing to strengthen its own case and because a defendant in a death-

penalty case was " ... entitled to have a complete defense ... ," the defendant had

" ... an absolute right to have all the evidence tested," regardless of any delay in the

proceedings and the costs incurred by the State for such testing. (State's

Appendix Bat 36-40). Defense counsel further argued that although "[t]here

[was] a reference for identification ... ," the DNA testing required by article 38.43

was not limited to only issues related to the identity of the perpetrator and even

extended to assist the defendant in fmding mitigating evidence. (State's Appendix

Bat 38-39).

Defense counsel offered to tell the trial court in "... an ex parte fashion the

defensive reasons of why we believe all the evidence is important because the

State of Texas is not entitled to know that..." and argued that " ... unless all the

11
• •
evidence is tested ... ," Solis.:Gonzalez would be deprived of exculpatory and

mitigating evidence. (State's Appendix Bat 38-39). Defense counsel requested

that the trial court delay So lis-Gonzalez's trial until after DPS completed its DNA.

testing of the State's evidence. (State's Appendix B at 39).

When the trial court raised the concern of So lis-Gonzalez' speedy-trial

rights in light of his lengthy pretrial incarceration, defense counsel asserted that

So lis-Gonzalez waived any speedy-trial claim. (State's Appendix Bat 46-47). In

tum, the prosecutor argued that although the defendant's rights were important,

the State also had the right not to have its cases delayed by unnecessary DNA

testing. (State's Appendix Bat 47-48).

At the conclusion of the hearing, defense counsel advised the trial court that

after he reviewed the evidence tendered by the State, he would then " ... add a

supplement of what I believe is relevant and give [the prosecutor] an opportunity

to what I'm giving this Court... " because he did not " ... believe that what [the

prosecutor] is going to tender to the Court is going to be what I believe should be

all inclusive encompassing of what we believe why we're asking all the DNA

evidence to be tested." (State's Appendix Bat 51). 3 In a letter to the defense on

3
In his mandamus petition, Solis-Gonzalez claims that "[d]uring the pretrial hearing,
Relator produced photographs for Respondent to review in camera of 158 items collected by the
E1 Paso PoliceDepartment as biological material and requested all biologica~ evidence be tested

12.
• •
Oct
~
Jacige, 243rd Judi District Court

cc: Ms. Denise Butterworth. vla1ilcslmite 915/533·5520
LAIIs
• ----~~~~---------------

IN THE 243rd DISTRICT COURT
OF EL PASO COUNTY, TEXAS

THE STATE OF TEXAS §
§
vs. §
§
LUIS SOLIS GONZALEZ §

Imina of Documents for Clarification of Record of Article 38.43
Hearing on Oct 2. 2014

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW THE STATE OF TEXAS, in the above-entitled and numbered

cause, and files the tonowing paperwork that was referred to by the State of Texas, and

relied upon by the trial court, in the hearing that took place on October 2, 2014

regarding Article 38.43: chart with DNA results for items tested, 4 hand delivery slips,

lab reports dated: 05-09-13, 08-12-13, 04-29-14, 06-13-14,06-17-14,07-17-14,0~19-14,

and crime scene video.

R~S~D,~
DENISE BUTTERWORTH
ASSISTANT DISTRICT ATTORNEY
STATE BAR NO. 24012368
500 E. SAN ANTONIO, SUITE .201
EL PASO, TEXAS 79901
(915) 546-2059

CERTIFICATE OF SERVICE
This is to certify thata true and correct copy of the foregoing motion was
delivered "to attorney for the Defendant, Mr. Joe , on 27th day of February,
2015.

DENISE BUTTERWORTH
ASSISTANT DISTRICT ATTORN
Oc{. 2.. 1 t, c.l'f
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~ )Q)1 JE22 1 Collar ott-shirt- upstairs restroom floor 1·aesaRtiago- ~ 1 Jf-2. -t~tlf
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DATE: July 1, 2013
T.
I FROM:

500 E. San Antonio
Suite 201
EIPaso, Texas 79901
TO: Mr. Joe Spencer
SUBJECT: Luis Solis Gonzalez, 20120004103

ITEM: 1 disk containing voluntary statement of Defendant
DPS report dated 05..09-13
1.

t.

RECEIVED BY: \ Sb.e.\ \ N)QCX),X)=
.. DATE: · 3'/ l::t I r~ TIME: \fl. : S \ ..
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DATE: March 7, 2014

FROM: P.~l.1t.!f~· etrt;t~/ii~!Q1!1I~t
Assistant District Attorney
DISTRICT ATTORNEY'S OFFICE
500 E. San Antonio
Suite 201
El Paso, Texas 79901

TO: Mr. Joe Spencer

SUBJECT: Luis Solis Gonzalez, 20120D04103

ITEM: Df>S report dated 08-12-13

....

RECEIVED BY~~~
I>ATE: ZJ/to /d TIME: 1:oa PfY) .
• ----

DATE: July l!J, 2014

FROM:
Assistant District Attorney
DISTRICT ATTORNEY'S OFFICE
500 E. San Antonio
Suite 201
EIPaso, Texas 79901

TO: Mr. Joe Spencer
SUBJECT: Luis Solis Gonzalez, 20120D04103

ITEM: DPS lab report dated 04-29-14
DPS lab report dated 06-13-14
DPS lab report dated 06-17-14

RECEIVED BY:

DATE: TIME: --:4:..;...:l;..;;;;l)_·- - -

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DATE: September 26, 2014

FROM:
Assistant District Attorney
DISTRICT ATTORNEY'S OFFICE
500 E. San Antonio
Suite 201
EIPaso, Texas 79901
i
TO: Mr. Joe Spencer

SUBJEcr: Luis Solis Gonzalez, 20120D04103

ITEM: DPS lab repOrt dated 07-17-14
DPS lab report dated 09-19-14
·~------~·~-------
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. ,, TEXAS DEPARTMENT OF PUBLIC SAFETY
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Forensic Biology Laboratory Report AANDYW.TIION
:1~~-!
·,,
Issue Oats: May 09, 2013
F.~t-.~
:~~- Laboratory# ELP-1211-01637
:.:~""' ,,. Jorge Estrada
El Paso Police Department Agency 11 12152050
.. ;-::"'!..f:" County El Paso
.. 911 N Raynor
!~;_,;!_~~· . El Paso, TX 79903 Offense Data 05131/2012
t~:--~
:~S:~:~ Suspect(e) SOLis-GONZAI.EZ, Luis (DOB 04118m)
\~~if.:-
Vlctrm(s) SALDIVAR, Marysol (COB OSJOenB)
:~
. . . ~(DOS­
DESANTIAGO, Eric (DOB 12129169)
~:t~!
Ellmlnatfon(s) ~~LII~ooa-
Reauested Anatvsl!; Screen fof Biological Evidence.
..
.. :•.
-~-,
~,
Submi§Sfon Information;
J 01 -Properly Sealed large Brown Box on November 12, 2012 by Estrada, Jorge VIA In Person
-; .....
Evidence cescrlpt!on. Results ofAoatvsla and lntemratatlon;
,:•.~~~-
;_: ~
01 : Property Sealed Large Brown Box
. -~~~--- 01-01-AA; Kitchen knife with black handle from kitchen counter (agency exhibit JE02)
····:'?" ,. Apparent blood was detected.
-~ill
··.- .).~'
01.02-AA: Small kitchen knife frOm upstairs restroom (ageney exhlbltJE69)
i {t}1;~ Apparent blood was detected.
I .;.J_
:.•
01..03-AA : Black knife handle from kitchen floor (agency eXhibit JE04)
I --~~7>~:-,
:~;
.Apparent blood waa detected.
\~
01-o4-AA : KnJfe blade from kitchen sink (agency exhibit JE38}
Apparent blood was detected.
·~i 01·06-AA: Pleeea oftolfet paper from Marysol Saldivar's crotch area (agency exhibit JE17)
Apparent blood was detected.
01-oe.AA : Duct tape from upstairs bath tub (agency exhibit JE24)
Apparent blood was delected. Trace evidence was collected. The collected trace eVidence has been
packaged with the evidence. No further analysis was conducted at this time.
01-07-AA: Three pieces ofduc:t tapa from Inside and under hamper (agency exhibltJE20)
Apparent blood was detected. Trace evidence was collected. The collected trace evidence has been
packaged with the evidence. No further analysis was conducted at this time.
01.08-AA : Duct tape cardboard roll from . . .. . room (agency exhibit JE30)
Apparent blood was detected. Trace evidence was conected. The collected trace evidence has been
. packaged with the evidence. No further analysis was conducted at this time.
01-09-AA : Duct tape from kids bag With toys from . . . - S room (agency exhibit JE23)
ApParent blood was detected. Trace evidence was collected. The collected trace evidence has been
packaged with the evidence. No further analysis was eonducted at this time.
01-1 0-AA : Finger cast made of duct tape found next to vacuum outside of upstairs restroom
(agency exhibit JE34)
ACCREDITfD BY rtf£ AMERICAN soctl!TY OF CR/111! LABORATmlY DJR2CTORS • LAB ACCREDITATION BOARO
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laboratory Case Number Agency Case Number ·. Offense Date
... ~. ELP-1211-01637 12152050 0513112012
'/.:·
... .;:, .. Apparent blood was detected. Trace evidence was collected. The collected trace evidence has been
. ~~~til packaged with the evidence. No further a~alysl5 was conducted at this time.
01-11-AA : Finger splint from room next to bed (agency exhibit JE61)
Apparent blood was detected. Trace material was obSei'Ved on this item. To preserve the integrity of
the trace evidence, no further analysis· was conducted at this time.
01-12-AA : Blue jeans from room (agency exhibit JE72t
........Apparent blood was. detected..Trace evidence waa collected. The collected trace eviclenee has been
· .. :· - packaged with the evidence. No further analysis was con
_:.r
Apparant blood was detected. Trace evidence was collecled. The collected trace evidence has been
packaged with the evidence. No fUrther analysis was conducted at this time.
01·1 S·AA : White t-shlrt from upstairs restroom floor (agency exhibit JE22l
Apparent blood was detected. Swabs were taken from lhe collar area to possibly detennine wearer.
.:··....
: -~l . TI8Ce evidence was collected. The collected trace evidence has been packaged with the evidence. No
; .
further analysis was conducted at this time.
.·,.: 01·15-AB: Pair of whit& socks from upstairS restroom floor (ageney exhibit JE22)
. "•
Apparont blood was detected. Trace evidence was collected. The collected trace evidence has been
packaged wl1h the evidence. No further analysis was conducted at this tlme.
•o:.'·
01-18-AA: Swabbings from milk gallon In Lis- room (agency exhibit JEA3)
....:. ..
.·,·
.·
~:,·.··
Apparent blood was detected.
01·17-AA-o1 :Duct tape from Desantiago's head (agency exhibit JE99)
Apparent blood was detected. Trace material was observed on thl8 Item. To preserve the integrity of
1he trace evidence, no further analysis was conducted at this llme.
01·17-AB-01 : Rag removed from Desantiago's head (agency exhibit JE99}
Apparent blood was detected. Trace evidence was collected. The collected trace evidence has been
packaged with the evldence. No further analysis was conducted at this time.
01·18·AA: Right hand fingernail clippings from Desantiago (agency exhlbltJE94)
Apparent blood was detected.
01-19-AA: Left hand flngemall clippings from DeNntiago (agency exhibit JE9&)
Apparent blood was detected.
01·20-AA : Right hand fingernail clippings from tll. . . . . .(agency exhibit JE78)
Apparent blood was detected.
01·21-AA : Left hand fingernail clippings from . . (agency exhibit JE79)
Blood was not detect&cl.
.•.,.
01·22-AA.01 : Right Nlke shoe from Luis Soils-Gonzalez (agency exhibit 52C8870)
Apparent blood was detected. Trace evidence was collectecl. The collected trace evidence has been
packaged with the evidence. No further analysls was conducted at lhis time.
01·22-AB-01 : Left Nlke shoe from luis Soils-Gonzalez (agency exhibit 6208670)
Apparent blood was detected. Trace EWidence was collected. The collected trace evidence has been
packaged with the evidence. No further analysis was conducted. at this time.
01-23-AA : Stack t-ahlrt from luis Soils-Gonzalez {agency exhibit BM03)
Apparent blood was detected. Trace evidence was coHected. The collected trace evidence has been
packaged with the evldenee. No further analysis was conducted at thls time. '-~~~....
01-24-AA : Mickey Mouse baseball cap from . . . - (agency exhlblt MM01)
Apparent blood was detected. Trace e11idence was collected. The collected trace evidence has.
packaged with the evidence. No further analysis was conducted at this tlme.
01·25-AA-01 : Right hand flngemalf clippings from Maryaol Saldivar (agency exhibit JE57)
. ··:
~......
1'141'81M OS."
. tssue Date: May as. 201a
--------------------------------- - - •
Laboratory Case Number Agency Case Number Offense Date
El.P-1211-01637 12152050 0513112012

Apparent blood was detected.
01-25-AS.01 : Left hand fingernail clippings from Marysol Saldivar (agency exhibit JE67}
Apparent blood was detec:ted.
., . 01-26-AA: Pair of car seat straps from Nlnan Titan truck (agency axhlbftJE108A)
. '.::
Blood was not aetected. Trace evidence was collected. The collected trace evidence has been
packaged with the 811ldence. No further analysis was conducted at this time.
' 01-27-AA : Tissue paper from Inside of Nissan Titan truck (agency exhibit JE113)
Apparent blood was detected.
01-28-AA: Blue Jeans from Luis Soils-Gonzalez (agency exhibit BM01)
: · Apparent blood was detected. Trace evidence was collected. The coUected trace evidence has been
packaged with the evidence. No further analysis was conducted at this time.
01-29-AA : Known blood card from . . (agency exhibit JE82)
I
Item was collected to be used as a reference.
I 01-30-AA : Known blood card from Marysol Saldivar (agency exhibit JE68)
Item was collected to be used as a reference.
01-31-AA : Known blood card from Erfc Desantiago (agency exhibit JE98)
Item was eonected to be used as a reference. ·
01-32-AA : Left buccal swabs from I • r I ~ (agency exhibit MM-A)
Item was collected to be used as a reference.
01-33 : Sealed envelope containing right buccalswebs Lis,. (agency exhibit MM-S)
No analysis was performed.
01-34-AA : Buccal swabs from Luis Solie-Gonzalez (agency exhibit 5210932)
Item was collected to be used as a reference.
'~ :.
i ..' ~ lnvestlgatNe Lyds:
This is a preliminary report. A separate report will be Issued upon completion of DNA analysis on selected
items.
Disposition;
I
Portions of items 01-01-M, 01..(]2-M; 01-03-AA, 01-04-AA, 01-05-AA, 01-CJ6-AA, 01-07-AA. 01.03-AA,
01-09-AA. 01-10.AA, 01-11~ 01-12-AA, 01-13--AA, 01-14·AA. 01·1~AA. 01-15..,A.B, 01-16-AA.
01-17-AA-01, 01-17-AB-01, 01·18-AA, 01-19-AA, 01·2Q-AA, 01-22-AA-01, 01-22-AB-01, 01-23-AA,
01-24-AA, 01-25-AA-()1, 01-25-AB-01, 01-27-AA, 01-28-M, 01-29-AA, 01-3Q-AA, 01-31-AA, 01-32-M,
and 01-34-AA were retained to preserve biological constituents. We are unable to retain the remainging
bulk Enlidence in cur vault. Please make arrangements to pick it up at your earlle&t convenience.

This report has been electronically prepared and approved by:
Nicolas Ronquillo
Forensic Scientist Ill
Texas DPS El Paso Crime Laboratory

.....
._

i·.·

1
ii.oPsll4118.13
'Issue Date: May 09,2013
----------~·~--------~·~
...
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·,

TEXAS DEPARTMENT OF PUBLIC SAFETY
CRIME LABOI!:ATORY
.

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11GU !k:ot\ Simpson

... .
El Paso, TX 199J8
Voice 915-a.CD-41ZO Pdx 1115·8-4$-411~
ElPasoCrtmet..ob@dpt.t••as.gov
srevv. c:. Me ellA"' COMMI$$10N
.DJ~ECTOR A. t.VHTHIA LEON, CH41R
ilAVl'>G.eA•E• CARIN M4RCY B.I'R'JH
Ct-ER~ t.IW:OR06. ~0-'BROWN
nePtlfY OIRfCTORA .4&.1Afol POLlJHSK'Y
DNA Laboratory Report AAHOVWAl'SOfol

Issue Date: August 12, 20?3
Jorge Estrada
Laboratory# ELP-1211.01637
El Paso Police Department
911 N Raynor Agency# 12152050
El Paso, TX 79903 County El Paso
Offense Date 05/3112012

Suspect(s): SOLIS-GONZALEZ, Luis (Do'B 04/18/77)
Vlctlm(s): SALDIVAR, Marysol (008 05/0617a)
W (DOBI l
DESANTIAGO. Eric (DOB 12129f69)
Elimlnatlon(s): • ~001~··

Submission Information:

01 ·Properly Sealed Lasye Brown Box on November 12. 2012 by Estrada, Jorge VIA In Person

Requested Anatvstg: Perform forensic DNA analysis.

Please refer to a previous Forensic Biology report Issued on May 9, 2013.

Evidence Deserlp\lon. Results of Analysis and Interpretation:
Portions of the items were extracted by a method which yields DNA.

The DNA isolated was analyzed using STR (Short Tandem Repeat) PCR (Polymerase Chain
Reaction) analysis. The following loci were examined: 0851179, D21S1 1, 075820, CSF1 PO.
0381358, TH01, 0135317, D16SS39, 0251338, 0195433. vWA, TPOX, 018551, Amelogenln,
DSS818, and FGA.

01-01·AA·D1·AA : DNA extract or swab from handle of kitchen knife on kitchen counter (agency
exhibit JE02)
The DNA profile Is consistent with a mixture. Mr. Desantiago and Mr. Solis-Gonzalel! cannot be
excluded as contributors to the profile. The probability of selecting an unrelated person at random
who could be a contributor to this profile is approximately 1 in 9.488 million for Caucasians, 1 in
28.79 million for Blacks, and 1 in 4.191 million for Hispanics. The approximate world population is
7.0 billion. Marysol Saldivar, • -~.and Ms. 4
are excluded as contributors to this
profile.
01..01-AA-02-AA : DNA extract ofswab from blade of kitchen knlfo from kitchen counter (agency
exhibit JE02)
The DNA profile is consistent with a mixture. Mr. Desantiago cannot be excluded as the contribut
of the major component in this profile. The probability of selecting an unrelated person at rando
who could be the source of the major eomponenl in this proflte is approximately 1 in 2.574 quint
for Caucasians, 1 in 263.6 quil\tilllon fur Blacks. and 1 In 2.729 quintillion for Hispanics. To a
reasonable degree of scienUfic cerlainty, Mr. Desantiago is the source of the mERVl -RIDE 1\ANI>V WI\TSON
DEf'VTV DIIU!CTORS Supplemental DNA Laboratory Report
Issue Date: Aprll29, 2014

Jorge Estrada Laboratory# ELP-1211.01637
El Paso Ponce Department Agency# 12152050
· 911 N Raynor County El Paso
El Paso. TX 79903 Offense Date 0513112012

Suapect(s): SOLis.GONZALEZ, LUIS (008 04/18/1977)
Vlctlm(s):

Ellmlnatfon(s):

Submission lnfonnatlon:
01 ·_Properly Sealed Large Brown Box on November 12, 2012 by Estrada, Jorge VIA In Person
Requested Anatnis; Perform forensic DNA analysis.

This Is a supplemental report Please refer to the previous reports Issued by Nicolas Ronquillo on May 9,
2013 and August 12,2013. Items 01-29-AA-Q1, 01-3()..AA-Q1, 01-31-AA-01, 01-32-AA-Q1, and
01-34-AA-01 were previously extracted by Nicolas Ronquillo.
Evldenc;e Dncr!Dt!on. Resul§ of Analysis and Interpretation;
Portions of the items were extracted by a'method wt1ich yields DNA.

The DNA isolated was analyzed using STR (Short Tandem Repeat) PCR (Polymerase Chain
Reaction) analysis. The foOowing loci were examined: DSS 1179, 021 S11, 075820, CSF1 PO,
0351358, TH01, 0135317, 0165539, 0281338, 019S433, vWA, TPOX, 018S51, Amelogenin,
D5S818, and FGA.
01-05-AA-01-AA: DNA extract of toilet paper from Marysol Saldivar's crotch area {Item JE17)
The partial DNA profile Is consistent with a mixture. Mr. Soils-Gonzalez cannot be excluded as a
contributor to the profile at the STR loci D8S1179, D21511, 0351358, 0165539, 0195433, vWA,
TPOX, and D5SS18. At these STR loci, the probability of selecting an unrelated person at random
who could be a contributor to this profile is approximately 1 in 30.29 miiUon for Caucasians, 1 in
304.5 million for Blacks, and 1 in 17.05 million for Hispanics. The approximate world population is
7.0 billion.

Ms. Holt, Mr. Desantiago, Ms. Saldivar, and Luis Saldivar are excluded as contributors to this profile.

bDPB 03.o3.14
llllimllliiDIIIIIIIIIm DIU m1111111111111 COURlUf · SERV\CI: • PROTECT10N
---------1· ---
Laboratory Case Number . Agency Case Number Offense Date
ELP-1211-01637 12152050 05131/2012

unrelated person at random who could be a contributor to this profile Is approlCimatety 1 in 930.2
million for Caucasians, 1 in 4.193 billion for Blacks, and 1 In 12.22 billion for Hispanics.

Mr. Solis-Gonzatez cannot be exclUded as a contributor to the profile at the STR loci 021 S 11,
0381358, 016$539, and 05S8, B. At these STR loci, the probability of selecting an unrelated
person at random who could be a contributor to this profile is approximately 1 In 33 for Caucasians,
1 in 64 for Blacks, and 11n 28 for Hispanics. The approXimate world population Is 7.0 billion.

Ms. ~ ~ ~ and Ms. Saldivar are excluded as contributors to this protlle.
01-G6·AA-G3-AA: DNA extract of swab fOr epithelial cella from duct tape from upstairs bath tub
(Item JE24)
No interpretable DNA profiles were obtained.
01-o7-AA..01-AA: DNA extract of stain 1 from piece of duct tape with toilet paper Inside and
under hamper (Item JE20J
The DNA profile Is consistent with a mixture. Mr. Solis-Gonzalez cannot be excluded as a
contributor to the profile at the 8TR loci 0881179, 021811, 07$820, CSF1PO, 0381358, TH01,
0135317,0168539,0198433, vWA, TPOX, 018851,058818, and FGA. At these STR loci, the
probability of selecting an unrelated person at random who could be a contributor to this profile is
approximately 1 in 46.45 billion for Caucasians, , in 38.73 billion for Blacks, and 1·in 27.93 billion for
Hispanics.

Mr. Desantiago cannot be excluded as a contribUtor to the profile at the 8TR loci D8S 1179, 021 S11,
0351358, TH01, 0168539, and vWA. At these STR loci, the probability of selecting an unrelated
person at random who could be a contributor to this profile Is approximately 1 In 593 for
. Caucasians, 1 in 1,210 for Blacks, and 1 ln 298 for Hispanics. The apj,roximate wor1d population is
7.0 billion.

Ms. ~ Ms. Saldivar and • : are excluded as contributors to this profile.
01.07·AA.02·AA : DNA extract of stain 2 from piece of duct tape Inside and under hamper (Item
JE20)
The partial DNA profile Is consistent with a mixture. Ms. ~cannot be excluded as a contributor to
the profile at the 8TR.Iocl 0851179, TH01, 0168539, vWA, TPOX, and 058818. Atthese STR loci,
the probability of selecting an unrelated person at random who could be a contributor to this profile
is approximately 11n 446 for Caucasians, 1 in 428 for Blacks, and 1 in 204 for Hispanics. ·

Mr. Desant1a9o cannot be excluded as a contributor to the profile at the STR loci oas 1179, D21S11,
075&20, 0351358, TH01, 0138317, 0168539, 0281338, 0198433, vWA, TPOX, and 055818. At
these STR loci, the probability of selecting an unrelated person at random who could be a
contributor to this profile is approximately 1 in 13.67 million for Caucasians, 1 in 20.39 million for
Blacks, and 1 In 4.805 million for Hispanics.

Mr. Solis-Gonzalez cannot be excluded as a contributor to the profile at the STR lOCI 0851179,
021811, 03S1358, 0168539, vWA, TPOX, and 058818. At these STR loci, the probability of
selecting an unrelated person at random wt1o could be a contributor to this proflle is approximately 1
in 700 for Caucasians, 1 in 1,351 for Blacks, and 1 in 445 for Hispanics.

1'>DI'B03.0S.14
Issue Date: April 29, 2014 7
• •
Laboratory Case Number Agency Case Number Offense Date
ELP-1211·01637 121~2050 05/3112012

• ~cannot be exCluded as a contributor to the proflle at the 5TR loci 0851179,021511,
0168539, vWA, TPOX, and 055818. At these 8TR loci, the probability of selecting an unrelated
person at random who could be a contributor to this profile is approXimately 1 in 337 for
Caucasians, 11n 916 for Blacks, and 1 in 293 for Hispanics. The approximate world population is
7.0 billion.
01-n7-AA..fj3-AA : DNA extract of stain 3 from piece of duct tape Inside and under hamper (Item
JE20)
No DNA profiles were obtained.
01-n&-AA-02-AA: DNA extract of swab of stain on Inside of duct tape core from ~ . .
~~- room (Item JE30)
The DNA profile is consistent witn a mixture. Both Mr. Desantiago and Mr. Solis-Gonzalez cannot be
e:xcluded as a contributor to the profile. The probability of selecting an unrelated person at random
Who could be a contributor to this profile is approXimately 1 in 9.488 million for Caucasians, 1 in
28.79 million tor Blacks, and 11n 4.191 million for Hispanics. The approximate world population Is
7.0 billion.

Ms. ~ Ms. Saldivar, and • ~are .eXCluded as contributors to this profile.
01·09-AA-02-AA : DNA extract of SWllb from stain on duct tape from kids bag with toya from •
- room (Item JE28)
The DNA profile is consistent with a mixture, Mr. Solls-OI'S D3.01. 14
Issue Date: April 29, 2014
" .... .
• •
LabOratory Case Number Offense Date
Agency Case Number
ELP-1211-01637 12152050 05/3112012

This report_ has been eleetronicaUy prepared and approved by:

Christine Ceniceros
Forensic Scientist IV
Texas CPS B Paso Crime Laboratory

T>OP!I 01.~.14
Issue Date: April 29, 2014

- ·~------------------------------- --- -------· -------~------------------------------------- ----~-
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• •
TEXAS DEPARTMENT OF PUBLIC SAFETY
CRIME lABORATORY
11112 Scali SJntp.on
El Puo, TX 7U38
Voice 818-149-41211 Ful1~13
EJPiaoCitm.ubGdPI.tuu.aow
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• •
ELP-1211.01637 ·Supplemental Forensic Biology Laboratory Report , July 17,2014

23-08-AA: "Disney" bath towel from crime aeene {ttem JE14)
Apparent blood was detected. Trace evidence was collected. The collected trace evidence has b~
packaged with the evidence. No.Jurtl'ler analysis was conducted at this time.
23-07-AA: Left navy blue kidS sanda1 from crime scene (Item JE16t
Apparent blood was detected. Trace evidence was collected. The collected trace evidence has been
packaged with the evidence. No further analysis was conducted at this time.
23-o8-AA : Two "Lowes" plaatlc bags stuck together from crime scene (JE18)
Apparent blood was detected. Trace evidence was collected. The. collected trace widence naabeen
packaged With the eviden(:e. No further analysis was conducted at this time.
23-oi-AA : "WWlde" pUers from crime scene (Item JE21)
No blood was detected. Trace evidence was coUected. The collected trace evidence has been
padcaged with the evidence. No further analysis was conducted at this time.
23-1Q.AA : "WWnnie the Pooh" bath towel from crime scene (Item JE23)
Apparent blood was detected. Trace evidence was collectecl. The collected trace evidence has been
packaged with the evidence. No further analysis was conducted at this time.
23-11-AA : Black "TN'r' t-ehlrt from crime scene (JE23A)
Apparent blood was detected. Trace evidence was collected. The collected trace evidence has been
packaged with the evidence. No fUrther analysis was conducted at this time. The Item was swabbed
for potential wearer's DNA. ·
23-12-AA : White hand towel from closet under stairs (Item JE26)
Ap!)arent blood was detected. Trace ev\dence was collected. The collected trace evidence has been
packaged with the evidence. No further analysis was conducted at this time.
U-13-AA : Right "Predletlone" high heel ahoe from crime scene (JE4&)
Apparent blood was detected. Trace evidence waa eoDected. The collected trace evidence has been
packaged with the evidence; No further analysis was conducted at this time.

lnveatlQatlye LaadJ and 89qulrtmenta for funtter Analy!\8;
A separate report will be issued upon completion of DNA analysis.

Disposition;
Stains from items 23-01-AA to 2~08-AA, 23-06-AB and 23.1 o-AA to 2~ 13-M were retained to preserve
biological constituents. The remalnlng evidence submitted on April 1, 2014 and the dust pan (Item MCV
37) submitted on Aprll2, 2014 was returned to Officer Ruben Villareal on July 1, 2014.

This report has been electronically prepared and approved by:
Csthey l. Serrano
Forensic Scientist
Texas CPS El Paso Crime Laboratory _
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Laboratory case Number: ELP,;,1211.01837 RANDYW'TBOII

Supplemental Forensic Biology Laboratory Report
Issue Date: September 19, 2014
Jorge Estrada
B Paso POllee Department
911 N Raynor
El Paso, TX 79903
Agency Case Information: El Paso Pollee Department -12152050
Offensalnfonnatlon: Homicide (S81292}- 0513112012- El Paso County
Suspect(s): SOLIS-GONZALEZ, LUIS (008 04/1811977)
Vlctlm(s): SALDIVAR, MARYSOL (008 05106/1978)
..... ~(008-
DESANTIAGO, ERIC (COB 1212911969}
Ellmlnatlon(t): , -~(COB-) .
Submission Information:
24 • l.arge Square Brown Box. on Aprll 02, 2014 by Estrada, Jorge VIA In Person
28 - large Brown Bag on April 02, 2014 by Estrada, Jorge VIA In Person
27 • Large Brown Box on April 02, 2014 by Estrada, Jorge VIA In Person

Requesf8d Anafvsl!; Screen for biological evidence.

This Is a supplemental Forensic Biology Report. Please refer to the most recent previous report Issued on
July 17, 2014 by Cathey L serrano. A reference to other reports Is alao mentioned on that report.
Eytd!nca Pascrldon. Bnult& of Analysia and lnterpntatlon:
24 : Large Square Brown Box
24-01 : Safety 1st car seat from Nlesan Titan {TX:21 FVB4) (Item JE106)
No visible bloodstains were observed. Trace evidence was collected. The collected trace evidence
has been packaged with the evidence. No further anafytis was conducted at this time.
\
24-02: Car Hat base from Nlaen Titan (TX:21FVB4) (Item JE108)
No visible bloodstains were observed. Trace evidence waa collected. The collected trace evidence
has been packaged wilh the evidence. No further analysis was conducted at this time.
26 : Large Brown Bag
28.01 : Blue "Disney" comforter from residence (Item JE102)
Apparent blood was detected. Trace evidence was collected. The collected trace evidence has. been
pack~ed with the evidence. No further analysis was conducted at this time.

27 ; large Brow~:~ Box
27-4Q.AA: Green stone and dlainond bracelet from residence (Item JE10)
Apparent blood was detected.

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_______ __ __
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•
... ELP-1211..01637 forensic Biology Laboratory Report September 19, 2014

27-41-AA: Motorola ''Verizon" cell phone from residence (Item JE12)
No visible bloodstains were obselved. Samples were collected for possible DNA analysis.

2742-AA: Glan shards from residence (Item JE19)
No visible bloodstains were observed. Samples were collected for possible DNA analysis.

27-43-AA: "Piantronlcs" bluetooth ear piece from residence (Item JE27)
No visible bloodstains were observed. Samples were collected tor possible DNA analysis. Trace
evidence was coDected. ·The collected trace evidence has been packaged with the evidence. No
further analysis was conducted at this time.

27-44-AA: Two ptecee of white plutlc f1'om raldence (Item JE29)
No visible bloodstains were observed. Samples were collected for possible QNA analysis.

27-46-AA: Samsung ''Verlzon" cell phone from realdence (Item JE31)
No visible bloodstains were observed. Samples were collected for possible DNA analysis.

27-46-AA : Red blanket from residence (Item JE33)
No blood waa detected. Samples were collected for possible DNA analysis. There were no Indications
of semen. Trace evidence was collected. The collected trace evidence has been packaged with the
evidence. No further analysis was conducted at this time.

27-47 -AA : "Track" back pack with mfscollaneous Items behind rock wall of residence (Item JE3S)
No visible bloodstains weN observed. Samples were collected fer possible DNA analysis. Traee
evidence was collected. The collected trace evidence has been packaged with the evidence. No
further analysis was conducted at· this time.
27-47-AA-01 :Yellow safety vest from baCk pack behind rock wall of residence (Item JE35)
No visible bloodstains were observed. Samples were collected for possible DNA analysis. Trace
evidence was collected. The collected trace evklence has been packaged with the evidence. No
further analysis was conducted at this time.
27-47-AA.02: Right leather glove from back pack behind rock wall of residence (Item JE36)
No visible bloOdstalns were observed. Samples were collected for possible DNA analysis. Trace
evidence was cotleeted. The collected trace evidence ~ been packaged with the evidence. No
further analysis was conducted at this time.
27-47-AA-43 : Sunglasaes from back pack behind rock wall of rasldence (Item JE36)
No visible bloodstains were observed. Samples were collected for possible DNA analysis.

27-47-AA.Q4: Flashlight rrOm back pack behind rock wall of residence (Item JE36)
No visible bloodstains were observed. Samples were collected for possible DNA analysis.

'/:1-47-AA.OS : Hand brace from back pack behind rock wall of reeldence (Item JE36)
No visible b~talns were observed. Samples were collec:led for possible DNA analysis. Trace
evidence was coltected. The collected trace evidence has been packaged with the evidence. No
further analysis was conducted at tills tli'ne.

27-47-AA.OI :Two Husky brand screwdrivers from back pack behind rock wall of resl
..,. '
.
• •
' ,. ELP·1211-G1137 Forensic Biology Laboratory Report September 19, 2014

JE36)
No visible btoodstains wtn observed. Samples were collected for possible DNA analysis.

27-41-AA : Silver-tone cross pendant from residence (Item JE40)
Apparent blood was detected.

27-49-AA: Sliver necklace from reeldence (Item JE41)
Apparent blood was detected.

27-60-AA : Sltver ear ring from residence (Item JE43)
No visible bloodstains were observed. Samples were collected for possible DNA analysis. Trace
evidence was colleded. The collectsd trace evidence has been packaged with the evidence. No
.further analysfs was conducted at this time.

27-61-AA: Glass shards from residence fltem JE37)
No visible bloodslalns were obSerVed. samples were collected for possible DNA anaiY9ls.

27 -62-AA : "Piston Cup" back pack with ctotttlng and toy from Nlasan lltan (TX:21FVB4) (Item
JEt03)
No visible bloodatalna were observed. Samples were collected for possible DNA analysis. Trace
evidence was collected. The collected trace evidence has been packaged with the evtdence. No
further analysis was conducted at this time.
27-62-AA-01: Black "Cars" t-ehlrt from back pack from Nlsaan Titan (TX:21FVB4) (Item JE103)
No visible bloodstains were observed. Samples were collected fot possible ONA analysis. Trace
evidence wa cdlected. The collected trace evidence has been packaged with the evidence. No
further analysis was conducted at this time.
27-62-AA.02 :Gray ehort8 from back pack from NilAn Titan (TX:21FVB4) (Item JE1031
No visible bloodstains were observed. Samples were c:ollec:led for possible DNA analysis. Trace
·evidence waa colleeted. The collected trace evldem:e haa been packaged with the evidence. No
further analysis was conducted at this lime.
2.7-62·AA.03: "Toy Storyn underwear from back pack from Nlsaan Titan tTX:21fVB4) (Item JE~03)
No visible bloodstains were cbservec:1. Samples were c::olleded for possible DNA analysis.· Trace
evidence was collected. The collected trace evidence has been packaged with the evidellCe. No
further analysis was conducted at this time;
27-62-AA-04 : Pair of black social from back pack from Nlaaan lltan (TX:21 FVB4) (Item JE103)
No visible blOOdStains were observed. Samples were eallected for possible DNA analysis. Trace
evidence was coftected. The coUected trace evidence has been packaged with the evidence. No
further analysis was conducted at this time.

27-12-AA-06: Toy figurine from back paek from Nlnan Titan (TX:21FVB4) (Item JE103)
No visible bloodstains were ob5erved. Sample& w«e QOIIected for.posslble DNA analysis.

lnye!tlaatlve Leads lad Reaulrements for FyrtherAnalq!J;
A separate report will be Issued upon completion of DNA analysis.

QJepceltlon;
A portion of Item 26-01 along with swabblngs flom items 27-40.AAto 27-47-AA, 27-47-
27-47-M-08, 27-47-AA-08, 27-48-M to 27·52-AA. and 27·52·AA-Q1 to 27·52-AA-06 wil
,;~ ... , ·.
•
'"' ELP-1211-01837. Fort~nelc Biology Laboratory Report September 19,2014

preserve the biological constituents. We are unable to retain the remaining evidence In our vault. Please
make arrangements to pick up this evidence as soon ae possible.

This report has been electronically prepared and approved by:
Christine Ceniceros
Forensic Scientist IV
Texas DPS El Paso Crime Laboratory

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4053051. Public record. Not legal advice.