AUSTIN – U.S. Senators John Cornyn (R-TX) and Ted Cruz (R-TX) released the following statements after their bill to require the U.S. Secretary of Veterans Affairs to disinter the remains of Fernando V. Cota, an alleged serial murderer and convicted rapist, from Fort Sam Houston National Cemetery in San Antonio, Texas, passed the Senate:

“Fernando Cota faced multiple sexual assault and rape allegations and was the prime murder suspect for half a dozen women after his transition to civilian life,” said Sen. Cornyn. “While current law prohibits such a disreputable person from receiving the high honor of being buried amongst those who valiantly served our nation, my legislation would correct this oversight and ensure Cota’s remains are no longer beside those who lived lives worthy of memorial at Fort Sam Houston.”

“A convicted rapist should not be buried with honor among our nation’s heroes,” said Sen. Cruz. “I’m encouraged the Senate unanimously passed this legislation to exhume Fernando Cota from Fort Sam Houston National Cemetery, and I urge the House to do the same to right this wrong.”

Background:

Sen. Cornyn’s legislation would direct the U.S. Secretary of Veterans Affairs to disinter Fernando V. Cota, an alleged serial murderer and convicted rapist, from Fort Sam Houston National Cemetery. This comes at the request of the son of one of Cota’s alleged victims.

Fernando Cota was drafted into the U.S. Army and fought in the Vietnam War. Upon returning to the states and transitioning to civilian life, he faced multiple sexual assault allegations, was the prime suspect in the murders of six women in San Jose, California, and was ultimately convicted of attacking a nurse by binding and raping her in 1975. He was imprisoned for two decades, but was later released on parole in 1983. One year later, he was stopped by police officers while driving erratically, leading him to commit suicide by a self-inflicted gunshot wound. Police found a wooden box in his van with the corpse of a young woman, later identified as 21-year old Kim Marie Dunham, who had gone missing the day before.

Following Cota’s death, the police received a search warrant for his rented flat, where investigators found a small closet where he would torture his victims. On the walls inside the closet, detectives found many fingerprints, which were sent for examination to identify other potential victims. 

Furthermore, investigators found fake ID cards, a false police badge, numerous women’s blouses, six pairs of women’s shoes, and advertisements for tenants, which Cota posted on San Jose State University’s campus to invite local students to rent a room in his apartment. During the investigation, six girls were identified as victims – all killed by being strangled, stabbed, or beaten to death.

Today, there are prohibitions in place under 38 U.S. Code § 2411 that would have prevented interment of such an individual, but these did not go not in effect until 1984. There is recent precedent for legislating a directed disinterment, including Andrew Chabrol and Michael Alan Silka.