U.S. Senator John Cornyn (R-TX) announced that his bill to require the disinterment of Fernando V. Cota from Fort Sam Houston National Cemetery has passed the Senate. The legislation directs the U.S. Secretary of Veterans Affairs to remove Cota’s remains due to his criminal history.
“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.”
Senator Ted Cruz (R-TX) is a cosponsor of the bill.
The measure responds to a request by the son of one of Cota’s alleged victims. According to background provided by Cornyn’s office, Fernando Cota was drafted into the U.S. Army and served in Vietnam before facing several sexual assault allegations upon returning home. He became the main suspect in six murders in San Jose, California, and was convicted in 1975 for attacking and raping a nurse.
Cota spent about two decades in prison before being released on parole in 1983. In 1984, after being stopped by police while driving erratically, he died by suicide with a gunshot wound. Police discovered the body of Kim Marie Dunham, age 21, in his van; she had disappeared one day earlier.
A subsequent search of Cota’s apartment revealed evidence linking him to more crimes, including fake identification cards, a false police badge, women’s clothing items, and advertisements aimed at luring students from San Jose State University as tenants. Investigators found six female victims who had been strangled, stabbed or beaten.
Current federal law prohibits individuals like Cota from being interred in national cemeteries under 38 U.S. Code § 2411; however, these rules were not enacted until 1984—after Cota’s burial took place. There have been previous legislative actions for directed disinterments involving other individuals such as Andrew Chabrol and Michael Alan Silka.
Senator Cornyn has held his seat since first winning election against Ron Kirk in 2002 with 55% of the vote compared to Kirk’s 43%. He won reelection against Rick Noriega in 2008 with nearly 55% support versus Noriega’s approximately 43%. In subsequent elections he defeated David Alameel in 2014 with over 61% support and MJ Hegar in 2020 with about 54%.
