Odessa Police Chief Michael Gerke has been asked to arrange for DNA testing to be done on behalf of death row inmate Michael Dean “Spider” Gonzales, who was convicted in the 1994 murders of his neighbors, Manuel and Merced Aguirre.
Long-time Odessa defense attorney Michael McLeaish, who recently joined the case, sent a letter to Gerke Sept. 13 saying he would like to ascertain whether other people were involved in the slaying.
“I hope you will consider this letter a request and not a demand,” McLeaish wrote. “I am confident that the citizens of this community would like to develop evidence if any exists, to find murderers in connection with the above mentioned slaying. I base this request on the testimony of Detective Snow Robertson, who testified under oath, that he believed there were others that were involved in the above described murder.”
McLeaish told Gerke if he agrees the testing should be done, he’d like to meet with the appropriate OPD personnel to review what they think “might have the most value for testing.”
Gerke wrote in an email to the Odessa American that OPD is currently reviewing the case.
On April 22, 1994, Manuel Aguirre Jr. found his 73-year-old father and his 65-year-old mother stabbed to death in their home in South Odessa. Manuel Sr., who was recovering from quintuple bypass surgery, was found in his easy chair suffering from 11 stab wounds. Merced Aguirre was found in the kitchen suffering from so many wounds a medical examiner was unable to specify the number.
Gonzales, who turned 50 Sept. 1, immediately became a suspect because he was the Aguirres’ next-door neighbor and the Aguirres suspected him of earlier break-ins. They’d expressed fear of the known gang leader.
Gonzales and three members of his gang were questioned by police and Gonzales was arrested on May 7, 1994. Authorities said items stolen from the Aguirres’ home were found in the possession of several people who said they’d bought them from Gonzales and his fingerprints were found on them.
The jury convicted Gonzales, who earned his nickname due to two spider tattoos, in December 1995. His conviction was upheld and he was re-sentenced to death in 2009 after his sentence was overturned.
Gonzales had been scheduled to be executed in March 2022, but the Texas Criminal Court of Appeals granted Gonzales a stay.
Gonzales’ other attorney, Richard Burr contends Gonzales’ IQ doesn’t meet the legal threshold required for execution. The United States does not allow people with IQs 70 or below to be executed if they’re also unable to handle life’s demands and if there was evidence of issues before the age of 18.
He also contends prosecutors hid the fact Robertson, the lead detective on the case, had a reputation for cutting corners, abusing witnesses, falsifying confessions and “covering his tracks.”
If jurors had known these things about Robertson then certain evidence that was presented during the trial might’ve been looked upon differently, Burr has said.
Ector County District Court Judge John Shrode had been scheduled to hold an evidentiary hearing on Burr’s concerns this week, but it has been postponed until Jan. 22.
