A state appeals court denied Fernando Chireno post-conviction relief, or PCR, a type of appeal aimed at the trial court where his case was heard. Another appeals panel affirmed his murder and related convictions in 2014.
Chireno bought an ax from Home Depot and killed his wife Luisa Chireno with it hours later, chasing her from their home as she screamed in terror in April 2008. A neighbor witnessed the crime and later testified he saw Chireno repeatedly strike his 26-year-old wife with an object he thought was a bat.
The couple’s three children were inside the home, their newborn sleeping, but police found their daughters, ages 5 and 7, huddled together under a blanket.
Chireno, now 43, was arrested at the crime scene after being dropped off by a cab driver. And the appeals court described it as the most bizarre part of the case: Luisa’s brother took the cab to the scene and on the way showed the driver a picture of Fernando and told him he was sure he was the killer, and if he saw him to call police.
A short time later, the cab driver saw Chireno on a street corner a few blocks away and Chireno hailed the cab and asked to be taken across town.
The driver went back to the scene, jumped out and called the cops. As police handcuffed Chireno, the appeals decision says, a small crowd, including members of the victim’s family, rushed over. The arresting officer later testified Chireno immediately admitted he had killed his wife and said to him in Spanish, "the family of my wife is going to kill me.”
Chireno testified at his trial that he suffered from mental illness and heard voices, and a psychiatrist who testified for him agreed, and concluded “he was doing what God told him” and did not appreciate that it was wrong.
The prosecution’s psychiatrist agreed Chireno suffered from a psychotic thought disorder, but did not believe his symptoms were acute or schizophrenic, and he believed Chireno was feigning his symptoms, had a deliberate plan and killed his wife out of jealousy.
Luisa Chireno was a domestic violence victim. Other testimony at the trial was provided by her sister, who testified Fernando was incensed by his wife’s refusal to dismiss the restraining order she’d obtained against him, and he’d had threatened her life in the days before her death.
The jury also saw a video Luisa made months before her death of her husband threatening to kill her while wielding a large knife. Luisa can be heard saying she was recording his threats for her family to give to the police after her husband kills her, the appeals court noted.
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