Murder conviction upheld in Selena case

Friday, Oct. 2, 1998
Court says evidence strong against Saldivar

At the Selena memorial and in the slain singer's old neighborhood of Molina, people wept and spoke of justice served when they heard Thursday that Yolanda Saldivar's murder conviction had been upheld.
``I think justice has been done,'' said 68-year-old Juan Salinas of San Antonio, who was visiting the Selena statue on the bayfront. ``I would have been very upset if her sentence had been overturned. Look how beautiful Selena was. (Saldivar) took a beautiful young life. There is no punishment too great for that.''
On Thursday, the 14th Court of Appeals in Houston upheld Saldivar's conviction and life sentence. The former San Antonio nurse was convicted in October 1995 of killing Tejano music star Selena Quintanilla-Perez on March 31, 1995.

Saldivar, who was also the former president of the Selena fan club, had asked the Court of Appeals to overturn the conviction, asserting that 17 errors were committed in her trial.
Nueces County District Attorney Carlos Valdez, who prosecuted Saldivar, said he was confident from the start of the appeals process in March that the case would be upheld. But he said he was getting more and more nervous as months passed without the appellate court ruling on the case.
``After it took so long, we began to become concerned about what the court was going to do,'' Valdez said. ``Our immediate reaction today was relief, and we were extremely happy, elated. We set out a long time ago to find justice for Selena, and that was affirmed by the Court of Appeals.''
Valdez said he was most concerned about questions of whether Saldivar's statements made to police about the killing should have been admitted into evidence. In June, the Court of Appeals asked for more information on that point, ratcheting up his worries that the Saldivar case might have to be tried again.
But in the Court of Appeals' 46-page unanimous ruling, the three-judge panel affirmed point-by-point why it believed Saldivar had received a fair trial. At one point, the court noted the sheer volume of evidence and testimony presented at trial.
``The state's case against (Saldivar) was strong. In total, the State offered the testimony of 33 witnesses and more than 122 exhibits,'' wrote Chief Justice Paul Murphy in the opinion. ``Finding no reversible error, we affirm the judgment of the court below.''
The appeal went to the Houston appeals court because the trial had been moved to Houston on a change of venue.
Patrick McGuire, Saldivar's attorney, said Thursday he had not yet read through the opinion, but that he expected to appeal the case further. He can either take it back to the 14th Court of Appeals if he feels the court didn't understand his arguments, or to the Texas Court of Criminal Appeals, the state's highest criminal court.
If the conviction is still upheld, he has the option of taking the case to the U.S. Supreme Court, he said.
Relatives of Selena did not want to comment on Thursday's ruling, said Bert Quintanilla, Selena's cousin, who is a spokesman for the family-owned Q Productions business. But some people in her old neighborhood were in tears as news of the ruling brought back memories of a beloved neighbor and role model. Ninfa Saavedra, 39, said she was relieved to hear that Saldivar's life sentence was upheld.
``I'm glad,'' Saavedra said. ``She really deserved it after the way the family trusted her. I just hope she never gets parole.'' Julie Grimaldo, 26, wept as she remembered seeing Selena drive away from her house the day she was murdered.
``I just hope that (Saldivar) really suffers in prison,'' Grimaldo said. ``She deserves to die. She should have got the death penalty.
``She took away something precious to us. Selena can't be replaced. No sentence can bring her back.
``All we have left is the dreams she gave to our children,'' Grimaldo said, patting the head of her 4-year-old daughter, Bianca. ``And we have to protect them from the people like Yolanda who are out there to destroy their dreams.''

Saldivar case chronology

March 31, 1995: Selena Quintanilla-Perez, 23, is shot and killed outside the Days Inn, 901 Navigation Blvd. Yolanda Saldivar, 34, the former president of the Selena fan club, is arrested after holding police at bay for 9 hours. She admits that she shot Selena, police say.

April 5, 1995: 214th District Court Judge Mike Westergren appoints defense lawyer Doug Tinker to defend Saldivar. Attorney Arnold Garcia is added to the defense team later.

April 6, 1995: Saldivar indicted on murder charge, pleads not guilty.

April 12, 1995: Saldivar held on $500,000 bond, later reduced to $200,000.

Aug. 4, 1995: Pre-trial hearing starts.

Aug. 9, 1995: Westergren moves trial to Harris County.

Sept. 6, 1995: Effort to televise trial blocked.

Oct. 10, 1995: Jury is selected: six men and six women; four Hispanics, one black and seven Anglos.

Oct. 11, 1995: Trial starts.

Oct. 23, 1995: Closing arguments made. Jury deliberates two hours before returning a guilty verdict.

Oct. 26, 1995: After nine hours of deliberation, jury gives Saldivar maximum life sentence.

Nov. 23, 1995: Saldivar arrives at state women's prison in Gatesville to begin sentence.

Dec. 27, 1995: Westergren denies motion for new trial.

Jan. 28, 1997: Westergren submits findings to 14th Court of Appeals in Houston that Saldivar is not entitled to new trial despite arguments by Saldivar's appellate attorney Patrick McGuire about missing trial records. Review by appeals court continues.

Oct. 1, 1998: The 14th Court of Appeals affirms Saldivar's conviction.