Wood requests more DNA testing; victim’s mother upset

David Leonard Wood, El Paso’s so-called “Desert Killer,” has sat on death row for more than 20 years.

He was convicted of killing six El Paso girls and burying them in the Northeast El Paso desert back in the 1980’s. Wood was scheduled to be executed in 2010, but was granted an emergency stay when he and his attorneys claimed he was mentally retarded.

About two years ago, a San Antonio judge issued an opinion stating Wood was not mentally retarded.

The judge’s opinion that Wood is not mentally retarded was supposed to clear the way for his execution. But now, another legal challenge is being argued.

On Wednesday ABC-7 learned Wood and his attorney are appealing his conviction again, this time requesting additional DNA testing, saying a former friend who rode motorcycles with Wood back in the 1980’s should be considered an alternative suspect.

This latest appeal of his death sentence, handed down in 1992, is based on the possibility a DNA test could implicate a man by the name of Sal Martinez in the murders, if a DNA profile of Martinez can be developed and matched to stored evidence in the case.

Visiting Judge Bert Richardson has not yet determined whether he will grant the request for further DNA testing. But he has ordered the Attorney General’s office to come up with a list of all the items available for testing by Monday and how long it would take to test them. At that point he plans to schedule another hearing.

Wood was not at Wednesday’s hearing, but Marcia Fulton, mother of victim Desiree Wheatley, was there. She called the latest move by Wood and his attorney, Greg Wiercioch, yet another stall tactic.

“First time I’ve ever even heard the name, Sal Martinez,” Fulton said. “Again, clutching at straws … That’s what they are doing and anything that they can use to divert the attention away from Wood, or delay tactics. Even the judge is upset with their delay tactics, because that’s what it is.”

Neither of the attorneys in court Wednesday wanted to speak about the case.

More than 150 items in evidence may require more DNA testing, an amount Richardson called “extraordinary” for any case. Once the matter is settled, however, Wood’s execution could be scheduled within 30 days.