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Online petition asking for a new trial at:
<http://kola-hq.hypermart.net/actcaro.htm>
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The FERNANDO EROS CARO Case
PART 7 - THE TRIAL
 

On September 17, 1981, jury selection in Fernando's trial
began. The prosecution called 33 witnesses through the
course of the sixteen days of the guilt phase of the trial. In the
face of this evidence, Mr. Caro's counsel put on virtually no
defense. In particular, neither Mr. Caro's acute and chronic
exposure to neurotoxic chemicals, nor evidence of his multiple
mental diabilities of long duration, nor his cultural and social
background was presented, although this evidence would have
demonstrated that Mr. Caro lacked the requisite mental
culpability for conviction of any of the charged offenses.

The penalty phase was conducted before a second jury and
consisted largely of a trial of two uncharged capital murders
that had occurred in Kern County, California. The Kern County
district attorney had announced his intention to charge Fernando
Eros Caro with these crimes if he was not sentenced to death for
the Hatcher and Booher killings. The prosecutor also presented
the testimony of the victim of the kidnapping to which Mr. Caro
had pleaded guilty in1976, evidence offered and admitted in violation
of the plea agreement which had resolved that case.

In the face of this evidence submitted in aggravation, Mr. Caro's
counsel offered character witnesses, but did not present any mitigating
evidence of his multiple, serious mental disabilities or neurological
damage resulting from chronic, acute exposure to neurotoxic chemicals.
Nor did trial counsel investigate and present Mr. Caro's cultural and
ethnic background and never recognized the central role his cultural
evidence played in the assessment of his mental state, moral
culpability, or the appropriateness of the death penalty.

Fernando Eros Caro was sentenced to death and incarcerated at
San Quentin State Prison, California.
 

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