BLIND JUSTICE – the Jenny Garcia Murder Case

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Aug 27, 2014 No Comments ›› admin

By Lynn Woolley

Editor’s note: This article was written on July 12, 2005. We re-present it here in light of politically-motivated and disgusting attacks by liberals in Austin against Gov. Rick Perry. Before Rosemary Lehmberg, there was Ronnie Earle. Like Lehmberg, Earle headed up the Texas Public Integrity Unit, and yet, he was a fierce partisan whose record should be remembered. This is the story of Jenny Garcia as we reported it in 2005.

Austin girl raped, murdered by known illegal alien sex offender – D.A. won’t follow through on death penalty promise – and coverage by Austin media is sparse

The latest developments in the murder case of a beautiful young Austin girl who was brutally murdered by an illegal alien tell a story of a system gone haywire through political correctness, flawed immigration policy and a DA too “progressive” to demand that justice be done. Travis County DA Ronnie Earle appears to be backing off of a promise to seek the death penalty for the defendant. Humberto Garcia – Jenny Garcia’s father – is not taking the news well.

Former Travis County DA Ronnie Earle (Photo:

Former Travis County DA Ronnie Earle (Photo:

Mr. Garcia is demanding “Justice for Jenny” – and yet, with so many mistakes already made in this case, DA Earle is wavering on his promise. A hearing is set for July 25th in Austin, and there could be a plea bargain. It’s possible that the defendant, David Diaz Morales, could escape lethal injection and, under certain circumstances, might do very little jail time.

Humberto Garcia goes on the talk show circuit

Failing to get much coverage in Austin where the murder took place, Humberto Garcia looked for ways to get his story out. He managed to get booked on a couple of cable shows – The O’Reilly Factor on Fox News Channel and Lou Dobbs Tonight on CNN – but those appearances failed to motivate the Austin media. They also failed to help Mr. Garcia find an attorney who would press his case against the city of Austin for so-called “Sanctuary City” policies that may have contributed to Jenny’s death.

Following the cable appearances, the Lynn Woolley Show invited Humberto to appear for an hour. “Studio L” is just north of Austin, and so Humberto came and explained in excruciating detail how his daughter was murdered. This led to an op-ed piece that I wrote entitled “The New American Way” that explained what had happened to the Garcia family – and how Sanctuary City policies across the United States are enabling such repeat crimes.

The column ran in several newspapers and on websites like and We soon heard from a magazine editor in San Antonio who wanted to pick up the story – and it appeared as the June cover feature of “Scene in SA.” The magazine’s cover showed a tearful Humberto standing over Jenny’s grave with the headline “A Father’s Grief.”

The column also produced an e-mail from a Buda, Texas lawyer named Matt Burns. Show producer Lou Ann Anderson discussed the case extensively with Matt, and then put him in touch with Humberto Garcia. The two have been working together since then, to see if the city of Austin is liable for its policies and to make sure that justice is done.

Jenny Garcia

Jenny Garcia

Matt Burns appeared on the July 11th edition of the Lynn Woolley Show to discuss the case and its recent developments.

Matt Burns speaks out

Working with Humberto, Mr. Burns has become quite familiar with the case. We asked him to provide some background and an update on where the case stands:

“In January 2004, Virginia “Jenny” Garcia was brutally raped and murdered in her Austin home by David Diaz Morales. Morales was apparently upset that Jenny didn’t want him as a boyfriend, so he surprised her in her home while alone, tied, gagged and raped her, then stabbed her in the chest with a butcher knife. Her body was later discovered by her two younger sisters when they returned home from school.

The further tragedy of this story is that Morales was known to the Austin police to be both a sex offender and an illegal alien.

Approximately one year prior to murdering Jenny, Morales had been arrested for molesting a 12-year-old girl (reportedly since she was 4). No charges were pressed at the time, apparently because the victim was also an illegal alien and the family didn’t follow through and insist on a prosecution. Since the Austin police department has a ‘sanctuary policy,” nobody was permitted to call BICE (formerly INS) to pick up Morales for deportation. He had previously been deported and his re-entry into the U.S. was a felony under federal law. Morales was thereafter allowed to roam free until the murder of Jenny Garcia in January, 2004. Ironically, after Jenny, an American citizen, was murdered, Morales was charged with molesting the Mexican girl as well. (These aspects of the story are covered very well in the June issue of ‘Scene in San Antonio’ magazine.)

HERE’S THE CURRENT ISSUE: The crime was obviously horrendous. Travis County District Attorney Ronnie Earle initially assured the Garcia family that he would seek the death penalty in Morales’ case. He has since waffled and there is a hearing on July 25 for court approval of a plea bargain. The only rationale Earle’s office has provided to the Garcias to explain this change of heart is that it is expensive to prosecute a death penalty case.


Earle’s rationale makes absolutely no sense. His office can point to no obstacles in securing a conviction. The physical evidence in the case is overwhelming – Morales’ bloody handprint was found on Jenny’s headboard and jewelry from the Garcia house was found in his possession. The evidence is so strong Morales is willing to accept 40 years in prison to avoid a trial. Unfortunately, that 40-year sentence is subject to changes in parole laws that may allow him to walk the streets many years earlier than if he were to face the life sentence/death penalty decision at trial.

We strongly suspect the reason Earle has waffled on seeking the death penalty is political pressure brought to bear by the Mexican consulate and by illegal alien support groups. Mexico does not set US law and neither do illegal aliens. This case meets any rational standard for seeking the death penalty, yet Earle refuses to do his duty for reasons he won’t honestly disclose.

The only way we have to force Earle to keep his word and to do his public duty is through outside pressure by a large number of concerned citizens. We would appreciate any help in informing the public.”

Where do we go from here?

While we all appreciate the many hours that Mr. Earle puts in to save the world from Republicans, this case is in his own back yard. It is a murder-most-foul that literally reeks of systemic corruption. Mr. Earle’s progressive views may prevent him from embracing the death penalty. But this is a classic case.

The Lynn Woolley Show will continue to cover this case until “Justice for Jenny” is a reality. We hope that other talk shows – and perhaps even the local media in Austin – will cover it as well. Until justice is done, there will be no peace for Humberto Garcia. Likewise, there should be none for DA Ronnie Earle.

Further reading:

SPRITTIBEE: The Jenny Garcia Story

HUMAN EVENTS: Capital Murder in Sanctuary Cities

FREE REPUBLIC: A Father’s Grief

PATTERICO: Deport the Criminals First

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