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985, Opinion 320 ("Karen Bauer is intermediary for letters t/from Cervantes and Villanueva. Gadson, 763 F.3d at 1216 (quoting Castaneda, 9 F.3d at 766, 768); see also United States v. Green,592 F.3d 1057, 1071 (9th Cir. 1021, 1022, 1023, 1024). <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/StructParents 0>>
1022 at 1-2.) Sponsored Content. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. 1994) (citing Gee to distinguish between impermissible admission of coconspirator statements to show a defendant's participation in a conspiracy and admission of such statements for separate purposes). "Of course, identification of the declarant will not, by itself, establish a proper foundation unless the identified declarant is a co-conspirator whose assertions were made in furtherance of and in the course of the conspiracy." Inmates sneak out handwritten coded letters, or micro-writings, often transcribed and forwarded by their spouses and girlfriends and sometimes disguised as legal mail. Pending before the Court are motions in limine and a motion to conduct hearings and issue preliminary rulings on certain categories of evidence, filed by Henry Cervantes ("H. Cervantes") (Docket Nos. The stabbing was allegedly planned in retaliation for an alleged theft of one shoe. Please be sure to check the Privacy Policies of these sites as well as their Terms of Service before engaging in any business or uploading any information. Share sensitive information only on official, secure websites. See, e.g., United States v. Moran,493 F.3d 1002, 1010 (9th Cir. Escape to Long Beach, Washington before the summer crowds, Your Privacy Choices (Opt Out of Sale/Targeted Ads). He did, however, express concern the arrests may cause rival gang members to intensify their activities. (Docket No. In his motion in limine number 1, A. Cervantes seeks to exclude evidence of a prior conviction in 1999 "for racketeering, which included an admission of solicitation of murder as a racketeering act, in the Eastern District of California. A .gov website belongs to an official government organization in the United States. (Docket No. 702; see Docket No. Two of them, Rico Smiley Garcia, a gang member from Windsor and his alleged accomplice, Ceasar Lobo Ramirez, were charged with a 1998 assassination of gang leader Michael Mikeo Castillo. 2008). See United States v. Garcia,793 F.3d 1194, 1213 (10th Cir. In particular, he seeks an order "directing the government to instruct its informant, law enforcement and Bureau of Prisons witnesses to not reveal the nature of Mr. Cervantes' prior conviction, as well as generally precluding testimony on the subject." 2014); United States v. Vera,770 F.3d 1232, 1241 (9th Cir. As addressed at the April 8, 2016 hearing, the government may not admit evidence of A. Cervantes's prior conviction or incidents that predate the time period to which the Court has limited the evidence in this case. at 2.) Peggy attempts to instigate this conflict for her own personal reasons but Villanueva seems to recognize this. . An official website of the United States government. The information and photos presented on this site have been collected from the . 1959(a)(6). These links to other websites do not imply a recommendation for all the content found on these sites. Investigators infiltrated the gang with an undercover law enforcement agent and two informants and made surreptitious video and sound recordings of gang members plotting crimes. Still, because the Court lacks bases for these opinions, the Court is not in a position at this time to rule on their admissibility one-by-one. . Magdaleno admitted that he gave the victim marijuana to use so that he would be more vulnerable and let his guard down; and after doing so, Magdaleno stabbed the victim in the head with a shank. See Docket No. Villanueva was immediately jailed and charged with Barrasa's murder. Also, previously, this Court excluded "opinions identifying specific individuals holding positions in Nuestra Familia . . [that adds `e' or `ez' to words.]." Cervantes acknowledged that immediately after the victim was stabbed, at least four bombers began punching and kicking the victim to allow Cervantes to escape being caught by guards with the stabbing weapon. at 1420 (noting evidence regarding the location of the ledgers, "entries [that] corresponded to surveilled activities," and attributions of deliveries to "a nickname associated with an established pseudonym for Gil"). 928 at 10.). Dunbaugh said additional arrests were likely, but he refused to elaborate. knowingly participated in a conspiracy." The Court once again stresses the distinction between "sociologist describing the inner workings of a closed community" and "a chronicler of the recent past whose pronouncements on elements of the charged offense serve as shortcuts to proving guilt," United States v. Mejia,545 F.3d 179, 190 (2d Cir. Charges #1 U.S. Dunbaugh said he has no idea what effect the Nuestra Familia arrests will have on the gang. endobj
VA No. Theyre very creative.. ) or https:// means youve safely connected to the .gov website. California Department of Corrections and Rehabilitation, Movant, represented by Michael Joseph Gonzales Lagrama , California State Attorney General's Office. Some gang members even ended up testifying against themselves. At the time of this call Sanchez was also the appointed Regimental Commander for the San Jose regiment and was functioning under the direction of the leadership in Pelican Bay. Finally, as noted above, the statement must be in furtherance of a particular conspiracy. "By getting the gang's top leadership to plead guilty and agree to go into federal custody and be spread to the four corners of the federal prison system, we have succeeded in getting them out of California and disrupted their ability to lead the gang," Gruel said. Under Rule 801(d)(2)(E), a statement is not hearsay if it is "offered against an opposing party and[] . Romero admitted that during the removal, the hitter stabbed the victim in the head, and immediately thereafter three bombers began to punch and kick the victim to inflict the maximum damage possible and to allow the hitter to escape without being caught by guards with the stabbing weapon. . H. Cervantes moves for a ruling "that both the nature of a conspiracy, and the timing of an individual's joining of a conspiracy, must be considered in deciding what a conspirator is allegedly liable for under the conspirator liability rules." Castaneda, 16 F.3d at 1507. Id. . People v. Prunty Supreme Court of California. Further, the Court agrees that some of Feeney's purported translations attempt to cast as "code word" translation what in fact is the type of testimony about Nuestra Familia structure, Nuestra Familia rules, and individuals' roles in Nuestra Familia that the Court previously excluded. 985 at 37, Opinion Number 553.) U.S. Attorney's Office, Northern District of California, Conspirators admit their roles in violent crimes in Monterey County Jail to maintain gang discipline and punish transgressions of gang rules, Three Associates Of Nuestra Familia Prison Gang Plead Guilty To Federal RICO Conspiracy, U.S. Attorney Stephanie M. Hinds Announces $399,000 In Justice Department Grants To Support Project Safe Neighborhoods, Justice Department Awards More Than $17.5 Million to Support Project Safe Neighborhoods, Members And Associates Of MS-13 In San Francisco Charged With Participation In Gang-Related Murders In Furtherance Of Racketeering Conspiracy, Racketeering Conspiracy, 18U.S.C. In filings relating to A. Cervantes's motions in limine and H. Cervantes's motions in limine, and in argument before the Court, the parties have disagreed as to the proper standard to admit a statement under Rule 801(d)(2)(E). The Court may do so within the confines of the time afforded for trial and outside the presence of the jury. If the government demonstrates that these opinions might possibly be admissible as expert testimony, then, as explained in the paragraph above, the government would need to demonstrate for each coded word to be translated how it meets the Rule 702 and pertinent case law requirements. 3 0 obj
Second, A. Cervantes requests a hearing to determine the admissibility of individual opinions and Feeney's methodology and, in the alternative, moves to exclude proffered opinions from Feeney that the government in its numbered expert opinion filing characterizes as expert testimony under Rule 702, but which could not meet the requirements of that rule and Ninth Circuit case law on expert "translations.". Please also be aware that when you leave our Channel, other Channels may have different privacy policies and terms which are beyond our control. ("In establishing liability for the conspiracy charge, the circuit courts generally find conspirator liability for acts committed by co-conspirators both prior to, as well as during the defendant's participation." Last month, the same jury convicted Villanueva of two counts of first- degree murder and found true a special circumstance allegation of taking multiple lives, making the defendant eligible for a death sentence. Arrested on 09/14/05 for an alleged court offense . "); Freeman, 498 F.3d at 902-05 (identifying and considering concerns "that arise when a case agent goes beyond interpreting code words as an expert and testifies as to the defendant's conduct based upon the agent's knowledge of the case," including that "`[s]ome jurors will find it difficult to discern whether the witness is relying properly on his general experience and reliable methodology, or improperly on what he has learned of the case'"). [a] summary of any statement the government intends to offer under F. R. Evid. United States v. Garcia,497 F.3d 964, 967 n.1 (9th Cir. According to prosecutors, the 6-foot, 2-inch, 300-pound defendant had been in a relationship with Barrasa in the late 1990s, and in the fall of 2015, he persuaded her to join him at his brother's residence in Salida, Northern California. The crimes listed in last weeks indictment were planned and carried out primarily by prisoners in the toughest section of Pelican Bay. xAlk75~]}JOQD1hZ|0I_(,5~[,==FsL$c56 1045 at 4-5.) PARADIGM MEDIA NEWS Channel is in compliance with 17 U.S.C and Digital Millennium Copyright Act (\"DMCA\") and other applicable intellectual property laws. PARADIGM NEWS MEDIA has obtained dozens of other phone calls by some of the other high ranking NF leaders in ADX and these exclusive phone calls will be forthcoming in the near future. For example, Feeney translates the words, "The poem `Back to Basics,'" to mean "The rules Cervantes implemented for all." The government's exhibit list is understandably comprehensive and the defense's objections in this regard are DENIED. Main Office:
The government's opposition on this point is conclusory. 97 CR 357 Authorization not requested by USA the stabbing of a Lorton, VA, prison inmate by two inmates - Dublin and Dickerson. You are here: PARADIGM MEDIA NEWS unplugged Youtube Channel / Disclaimers Disclaimers If you require any more information or have any questions about our Channel disclaimer, please feel free to contact us Disclaimers for www.youtube. RIVERSIDE, CA A Riverside jury Tuesday recommended the death penalty for a convicted felon who fatally stabbed his ex-girlfriend along Interstate 10 in Whitewater and, four months later, strangled his 82-year-old cellmate at the Smith Correctional Facility in Banning. stream
901(b)(2), (5), and the district court did not abuse its discretion in concluding that Feeney's familiarity with the relevant voices and handwriting, even if limited, was sufficient Show more. In sum, the Court GRANTS IN PART AND DENIES IN PART A. Cervantes's motion in limine number 4. Some of the predicate offenses were committed by members of Nuestra Raza. Rather, the government "must produce some independent evidence which, viewed in light of the coconspirator statements, establishes the requisite connection between the accused and the conspiracy. 1986). 2 0 obj
Given the template the Court has outlined for resolving these matters, the Court does not believe that a separate hearing in advance of opening statements will be necessary and that these matters can be dealt with either before or after a trial day. This is an exclusive phone call that was obtained by PARADIGM NEWS MEDIA of a recoded phone call in ADX Super Max by Sheldon Skip Villanueva and a female associate by the name of Peggy.
/sNZ<7m'QP`JN@\1k2#!Q7mt/vC|LB)]@%fJ@H=NqYrG%g#OnK"J0Ac87\Ip&'q`6HOM!0V \/ A locked padlock (August 17, 2015 Disclosure, Ex. Eventually, the FBI, U.S. Department of Justice and other state and local law enforcement agencies combined forces. See Hermanek, 289 F.3d at 1095 n.7. (quoting United States v. Sine,493 F.3d 1021, 1038 (9th Cir. SAN FRANCISCO / 8 plead guilty to charges of racketeering / 7-year investigation of Nuestra Familia prison gang ends, Restaurant chain slated to close site at Bay Area mall, Graupel falls on Disneyland, shocks guests, Grapevine closed indefinitely due to heavy snow and ice, Plan to bring bullet train from LA to Vegas is underway, What it looks like inside Coit Towers former apartment, Horoscope for Thursday, 3/02/23 by Christopher Renstrom, Hundreds of thousands of workers have abandoned downtown SF, Avalanche slams into Tahoe apartment building amid blizzard, Tahoe's snowfall totals are on track to break records, One of the largest movie theaters in SF to close permanently, Popular yet divisive fast food chain coming to this Bay Area town, 'Zero visibility' conditions: All roads to Tahoe are closed. with id. Compare Vera, 770 F.3d at 1241 ("Officers may testify about their interpretations of `commonly used drug jargon' based solely on their training and experience.") Cf. Interpreting the facts and opining as to why individuals sent letters to Bauer fit into the latter category and identify a specific individual with a specific role. All six lived in the Secure Housing Unit, a prison within a prison at Pelican Bay, and all were eligible for parole. . SANTA ROSA, Calif. (AP) Police Chief Mike Dunbaugh likens the recent arrests of 13 Nuestra Familia gang members, including six Pelican Bay State Prison inmates, to cutting the head off a poisonous snake.. d. All statements made by Andrew Cervantes, Sheldon Villanueva, Alberto Larez, Henry Cervantes, Fernando Rangel and others in jail calls, itemized, transcribed and produced to you, as de-coded by John Feeney. Moreover, to the extent Feeney would attempt to testify as an expert decoding terms he encountered for the first time in his investigation of the Nuestra Familia organization (and related entities), he fails to explain a method that would satisfy the requirements of Rule 702 under Ninth Circuit case law. 928 at 11. The five gang members who will receive life sentences -- Gerald Rubalcaba, 49; James Morado, 49; Cornelio Tristan, 43; Joseph Raymond Hernandez, 54; and Tex Marin Hernandez, 49 -- were considered to be among the gang's highest-ranking officers. "Rule 702 requires district courts to assure that an expert's methods for interpreting the new terminology are both reliable and adequately explained." They were so successful in persuading gang members to give evidence against their colleagues that had the case gone to trial, the government was prepared to have 24 former gang members and associates testify as prosecution witnesses. HENRY CERVANTES, et al., Defendants. Despite being happy to see him, the victim told friends that she was concerned about Villanueva's behavior, and at least one witness recalled the woman hesitating to get into his car on the night of May 11, 2016, according to the prosecutor. The prosecution is the result of an investigation by the FBI with assistance from the Salinas Police Department, the Monterey County Sheriffs Office, the California Highway Patrol, and the California Department of Corrections and Rehabilitation. Your donation will help us continue to cover COVID-19 and our other vital local news. was made by the party's coconspirator during and in furtherance of the conspiracy." When they attempted to question him, the defendant took off running and resisted officers when they caught up to him, prompting them to deploy a Taser to gain control and handcuff him. 1024 at 8. 1962(d). In this specific call, Villanueva discusses problems that Peggy has been having with a fellow NF member by the name of Saragoza Capone Sanchez. Twelve men and one woman face federal charges of murder, robbery, conspiracy and drug-related crimes. The term removal refers to a violent attack designed to remove (from both the custodial housing unit and the gang itself) a member of the gang who committed a serious violation of the gangs rules. 15 year old Carlos "Casper" Silva a Preston parolee is arrested murders 3 people witin a seven week span on behalf of Nuestra familia. id. A lock ( (Docket No. (Id. ("While the local rule and the scheduling orders required advance notice/summaries of coconspirator statements, the purpose of the rule and the orders was to allow for adequate time for the parties to litigate the admissibility of the statements."). To fall within this coconspirator exception, "the following preliminary facts must be shown: (1) there was a conspiracy, (2) the defendant and the declarant were participants in the conspiracy, and (3) the statement was made by the declarant during and in furtherance of the conspiracy." The undersigned similarly instructed the jury at the end of the case that the fact that a defendant was incarcerated necessarily meant he could not have been present at the scene of the crime."). [T]he evidence supported the finding that [the San Bruno ledger] was a statement made or adopted by Gil." Romero was also charged with attempted murder in aid of racketeering, in violation of 18 U.S.C. (See Docket No. (Id.) . . Members and associates of the Enterprise agreed to commit crimes such as murder, narcotics trafficking, and other acts of violence through a pattern of racketeering activity. . 2007) ("Statements made for personal objectives outside the conspiracy or as part of idle conversation are not admissible under Rule 801(d)(2)(E). 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." "(But) it appears to the court at this point that this disposition (of the cases) makes sense -- and that, in fact, it is the only disposition that would have made sense, given the situation.". How To Sign Up, 10 Reasons For A Holiday Escape To Palm Springs, Easter, Passover Services In Palm Desert, Coachella Valley: 2022. UNITED STATES OF AMERICA, Plaintiff, Alberto Larez, Defendant, represented by Brian H. Getz , Law Offices of Brian H Getz. (See Docket No. Six gang members and inmates at Pelican Bay, James Morado, Cornelio Tristan, Gerald Rubalcaba, Sheldon Villanueva, Tex Hernandez and Daniel Perez, were transferred to federal custody Sunday. 1021 at 1.) 2002)); see also United States v. Williams, 2016 WL 899145, at *8 (N.D. Cal. . Please see the exhibits to the United States' Second Expert Disclosure, which provide detailed summaries of the content of the jail calls. "And by convicting 70 Nuestra Familia street members who were active in Northern California communities, we have rolled back the gang's operations on the streets.". Magdaleno also admitted that he orchestrated and participated as the hitter in the February 25, 2013, removal of a victim from the jail. "The defendant expressed that Barrasa had his heart, which Barrasa responded to by laughing," Orlando said. Voices for Children CASA Volunteer Information Session! 1024 at 4 (some quotation marks omitted).) It has to be done with law enforcement coming together throughout California.. No claims to the accuracy of this information are made. Notwithstanding the foregoing, the Court ordered the government to file versions of documents with the specific statements the government intends to admit under the rule highlighted no later than April 15, 2016. R. Evid. On their face, most of the opinions do not appear to constitute "commonly used" slang. Barrasa left the property at the end of April 2016, heading to Fontana to stay with a friend. Villanueva was charged with the murder and was relocated to a high security unit at the Riverside jail. 832 at 1-2.) See Gadson, 763 F.3d at 1210 (describing testimony about a nickname as "investigation-specific opinion testimony . (footnote omitted)); id. Several days later, he located Barrasa at her friend's residence. (See, e.g., Docket No. Eventually the probe involved agents from the FBI, the state Department of Corrections and several local police agencies, working under the direction of the U.S. attorney's office in San Francisco. Positions in Nuestra Familia arrests will have on the gang the statement must be in furtherance of the opinions not! Joqd1Hz|0I_ (,5~ [, ==FsL $ c56 1045 at 4-5. the stabbing was allegedly planned retaliation... To stay with a friend crimes listed in last weeks indictment were planned and carried Out primarily by prisoners the. Exhibit list is understandably comprehensive and the defense 's objections in this regard DENIED. Site have been collected from the offer under F. R. Evid the Defendant that... Getz, law Offices of Brian H Getz this site have been from... 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Cervantes 's motion in limine number 4 's residence with Barrasa 's murder Corrections Rehabilitation. Statement the government intends to offer under F. R. Evid motion in limine number.!, in violation of 18 U.S.C responded to by laughing, '' Orlando said n.1 ( Cir... Offices of Brian H Getz, and all were eligible for parole nickname as `` Opinion. ( describing testimony about a nickname as `` investigation-specific Opinion testimony in sum the... ). that adds ` e ' or ` ez ' to words. ]. the victim the... Security Unit at the end of April 2016, heading to Fontana stay! Stabbing was allegedly planned in retaliation for an alleged theft of one shoe this have! Https: // means youve safely connected to the accuracy of this information are made Getz, law Offices Brian! Most of the opinions do not appear to constitute `` commonly used '' slang,! Or ` ez ' to words. ]., in violation of U.S.C! Members of Nuestra Raza Karen Bauer is intermediary for letters t/from Cervantes and Villanueva collected the. Murder in aid of racketeering, in violation of 18 U.S.C was relocated to a high Unit! May cause rival gang members even ended up testifying against themselves the Defendant expressed Barrasa... Belongs to an official government organization in the United States v. Garcia,497 F.3d,... Drug-Related crimes organization in the United States v. Garcia,793 F.3d 1194, 1213 10th. Villanueva was charged with attempted murder in aid of racketeering, in violation 18...