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. The Court addressed the law relative to this issue previously. (Docket No. '$I6ysphgH0y2&r.B9td?y?86bpDC78v:7xuz0S,}2]x(x/QNWt&{jE% 3\= Qh.%9B.N@>aj@U4yz USA, Plaintiff, represented by Joseph Michelangelo Alioto, Jr. , U.S. Department of Justice, Jennifer R. Sykes , Department of Justice, Robert Steven Tully , U.S. Dept of Justice, Wai Shun Wilson Leung , United States Attorney's Office & William Frentzen , U.S. Attorney's Office, NDCA. In this specific call, Villanueva discusses problems that Peggy has been having with a fellow NF member by the name of Saragoza Capone Sanchez. Thus, these opinions might possibly be admissible as expert testimony if the government demonstrates for each coded word to be translated how it meets the Rule 702 and pertinent case law requirements. SAN FRANCISCO U.S. Attorney Stephanie M. Hinds announced today that the Department of Justice has awarded $399,193 to support the Project Safe Neighborhoods Program in the Northern District of Northern District of California . 1045 at 5.) Attorneys Claudia A. Quiroz and Stephen Meyer are prosecuting the case. 2 0 obj at 8-12. These links to other websites do not imply a recommendation for all the content found on these sites. People v. Prunty Supreme Court of California. (Docket No. (See Docket No. Williams, 2016 WL 899145, at *6 ("To the extent that they are relevant and not unduly prejudicial, Sgt. [a] summary of any statement the government intends to offer under F. R. Evid. (Docket No. A at 10.) The convictions are the culmination of an investigation that began in 1997 after investigators in Santa Rosa developed new leads into the gang. . 97 CR 357 Authorization not requested by USA the stabbing of a Lorton, VA, prison inmate by two inmates - Dublin and Dickerson. United States v. Mouzin,785 F.2d 682, 692 (9th Cir. These folks have 24 hours a day to figure out how to beat the system, said Brian Parry, assistant director for the California Department of Corrections. Santa Rosa gang investigators initially were tipped off by information received during their questioning of a Pelican Bay parolee. 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. Shasta County, Movant, represented by David M. Yorton , Attorney at Law. 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. 985 at 3; Docket No. This was seven weeks before the first witness. The Court next addresses the specific arguments regarding the exclusion of the home address associated with Karen Bauer. Cr. United States v. Bridgeforth,441 F.3d 864, 869 (9th Cir. Surveillance video shows inmate unaided after stabbing Post and Courier 14.1K subscribers Subscribe 30K views 3 years ago Allen Jerome Capers, 32, died after a Dec. 31, 2017 attack in a. 2009) ("`Presenting a theory of the case that can be effectively rebutted by otherwise-inadmissible evidence,' we held, `does not by itself open the door to using such evidence; only partial, misleading use of the evidence can do so.'" 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.. For "cream of crop," the government's August 2015 disclosure includes the sentence: "The NF has a policy not to take people under their wing just for numbers[,] but rather quality. Prosecutors said the group's top officers issued orders to their associates on the streets from inside the security housing unit at California's toughest lockup, Pelican Bay State Prison. 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 In addition, "[u]nder this rule, an accused's knowledge of and participation in an alleged conspiracy with the putative coconspirator are preliminary facts that must be established, by a preponderance of the evidence, before the coconspirator's out-of-court statements can be introduced into evidence." 1063 at 1; Docket No. Magdaleno admitted that he orchestrated four removals of victims from housing units of the Monterey County Jail and directly participated in two of those removals as the hitter. 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." The government's updated filing proffers five hundred seventy-six "coding" opinions. A removal is accomplished by having one or more hitters stab the victim and then having at least two bombers assault the target by punching and kicking the victim without weapons. Joe Gonzales orders the murder of familiano Richard Hernandez for failing to carry out orders. In motion in limine number 2, A. Cervantes seeks to exclude evidence of a variety of incidents that occurred before 2004. Romero admitted that he approved the February 25, 2013, removal of a victim from one of the housing units of the Monterey County Jail. Some of the predicate offenses were committed by members of Nuestra Raza. These are proper subjects for lay opinion testimony, see FED. R. EVID. Some gang members even ended up testifying against themselves. The rival Mexican Mafia its members are called surenos is made up of Hispanic prison members from Southern California. (See, e.g., Docket No. However, by finding in this manner, the government must address the issue with the Court outside the presence of the jury before proffering any such evidence. ("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."). . San Francisco, CA 94102, San Francisco: (415) 436-7200 Please also be aware that when you leave our Channel, other Channels may have different privacy policies and terms which are beyond our control. 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. 985 at 37, Opinion Number 546.) 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. Shortly before 2 a.m. on May 12, Barrasa's body was located in Villanueva's sedan, which appeared to have crashed on eastbound Interstate 10, near Tipton Road, in Whitewater. In sum, the Court GRANTS IN PART AND DENIES IN PART A. Cervantes's motion in limine number 4. (quoting United States v. Benson,941 F.2d 598, 605 (7th Cir. at 693. The information and photos presented on this site have been collected from the . Five gang members, four of whom were already in prison, face murder charges for orchestrating the deaths of five men between March 1997 and April 1999, according to the indictment. (See id. That said, and based upon instructions from this Court, the government previously identified the core documents on which it intended to focus during trial, which contain the statements at issue. Sanchez is living at the home with Peggy and is in a relationship with her daughter Coco. This war is about power, control and money. They are the two most powerful prison gangs in the state prison system, officials say. United States District Court, N.D. California. VA No. 1045 at 4.). 2015) ("[I]f `[t]he jury [is] every bit as qualified to analyze' a piece of mundane evidence as the purported expert, the expert provides no added value on which to be cross-examined." Perez will not begin serving his sentence until he has completed a separate six-year state prison sentence, which he has yet to begin. 4 0 obj Local R. 16-1(c)(4); see also United States v. Cerna, 2011 WL 2119304, at *5 (N.D. Cal. with id. (Docket No. Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. (quoting United States v. Hermanek,289 F.3d 1076, 1093 (9th Cir. . GRAPHIC VIDEO: Surveillance video shows inmates attack, stab correctional officer This video contains graphic content of two inmates attacking and stabbing a correctional officer at. See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. Charges #1 U.S. R. Evid. (See Docket No. As with the analysis regarding the declarant, "to establish these facts, the government cannot rely solely on the coconspirator statements themselves." Cf. Peggy attempts to instigate this conflict for her own personal reasons but Villanueva seems to recognize this. As required by Prunty, the prosecution showed "associational or organizational connection uniting" Nuestra Raza and Nuestra Familia. 832 at 1-2.) In accepting the guilty pleas Monday, U.S. District Judge Charles Breyer said he hoped that scattering the top leadership would help shut the organization down. (Docket No. Villanueva was charged with the murder and was relocated to a high security unit at the Riverside jail. The government's argument that Feeney is "reading[,] or listening to, the repetition of words and phrases over hundreds of hours, as well as the context of such language," (Docket No. All three defendants pleaded guilty to the racketeering conspiracy charge, wherein they admitted that murder was an object of the conspiracy. She had been stabbed 34 times with a screwdriver, with the wounds patterned like an X across her upper body, according to Orlando. <>/OutputIntents[<>] /Metadata 340 0 R/ViewerPreferences 341 0 R>> 928 at 13-16; id. Swipe is only available in chrome dev tools mobile mode. In addition, "[t]o establish that the declarant knowingly participated in a conspiracy, `the government cannot rely solely on the [alleged] co-conspirator statements themselves.'" <> Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. Cervantes also admitted that he was a bomber in the February 25, 2013, removal of a victim, and that he punched and kicked the victim to inflict the maximum damage possible and to allow the hitter to escape. <> N.D. Cal. If the parties collectively agree that more certainty is required on this front, the Court will entertain a joint request to conduct further proceedings on this issue in advance of trial. The Court also recognizes the general premise that "a defendant cannot be held criminally liable for substantive offenses committed by others involved in the conspiracy before joining it or after ending participation in the conspiracy.'" 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. Barrasa left the property at the end of April 2016, heading to Fontana to stay with a friend. Magdaleno admitted that after he disposed of the shank, he joined the other bombers in beating the victim. (Docket No. 702; see Docket No. Immediately after the victim was stabbed, three bombers began punching and kicking the victim to allow Magdaleno to escape being caught by guards with the stabbing weapon. In this call, Villanueva directs Peggy to set up a time for him to call when Sanchez will be at the house so Villanueva can confront him and try to resolve some of the conflict that was being openly promoted on the streets. ; Docket No. Crim. Opinion Number 541.) at 1419-20 ("The testimony of the handwriting expert that Montoya was `probably' the author of the Abuelitos ledger, combined with circumstantial evidence that Montoya wrote the ledger entries, provides an adequate foundation for admitting the ledger as an admission by Montoya. As the Court finds that only a small portion of the proffered opinions might be classified as expert and not investigatory, i.e., lay opinion, the Court need not conduct a separate hearing to address their admissibility at this time. 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. Henry Cervantes, Vidal Fabela, David Rocha and Diana Vasquez were arrested at several locations across Northern California on Friday, Dunbaugh said. Magdaleno also admitted that he orchestrated and participated as the hitter in the February 25, 2013, removal of a victim from the jail. including Sheldon Villanueva, one of two incarcerated "overseers" who ran NF. ." Under Rule 801(d)(2)(E), a statement is not hearsay if it is "offered against an opposing party and[] . H. Cervantes seeks to exclude any evidence regarding actions on any date after H. Cervantes's arrest in September 2011, or to provide limiting instructions on the purpose for which the jury may consider such evidence. Richie Michelson, Defendant, represented by Jeffry Mitchell Glenn , Berman & Glenn. 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. 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. 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. PARADIGM MEDIA NEWS Channel is in compliance with 17 U.S.C and Digital Millennium Copyright Act (\"DMCA\") and other applicable intellectual property laws. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. A .gov website belongs to an official government organization in the United States. Arrested on 09/14/05 for an alleged court offense . Your donation will help us continue to cover COVID-19 and our other vital local news. Assistant U.S. Attorney Steven Gruel, who served as lead counsel on the case with Assistant U.S. Attorney Edward Torpoco and federal trial lawyer Robert Tully, said Operation Black Widow had two goals: to identify and remove the Nuestra Familia's top leadership and to attack the gang's street operations outside the state prison system. 1022 at 1-2.) In their plea agreements, Magdaleno, Romero, and Cervantes admit to participating in the distribution of narcotics to other inmates at Monterey County Jail. Id. On their face, most of the opinions do not appear to constitute "commonly used" slang. Five of the defendants will be sentenced to life in federal prison, and three will get 10-year terms. TTY: (415) 436-7221, Oakland: (510) 637-3680 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. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. 928 at 11. 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. 2008). Any use of information, images and other copyrighted material from this channel without permission from PARADIGMMEDIA.com will be followed up and reported. Ex2]z)IxjB,&,EQf5N_p$x(nP{y)L1Mk U$WgVV,t$xQO].6Gn%lW Z[L&[S~;lCkwB%3t:83](R=}G|~,XhmrBk$n-{KKql~2 :EqaJ.Rv5. Mug Shot for Sheldon Villanueva booked into the Multnomah county jail. Within a week of her leaving, Villanueva went searching for the victim and arrived in the Inland Empire on May 7. He was paired with Carlin in Housing Unit 17 at the Smith Correctional Facility. "The statement alone is insufficient to prove these preliminary facts." . Id. The government agrees that it may not elicit such opinions for its case-in-chief, resolving the matter as raised in this motion in limine. Cervantes admitted that he participated in the April 29, 2013, removal of a victim from one of the housing units at the Monterey County Jail. at 628-29) (emphasis in original)). . endobj Lock Please see the exhibits to the United States' Second Expert Disclosure, which provide detailed summaries of the content of the jail calls. 1983) ("Statements of alleged co-conspirators made before the time it can be shown by independent evidence that [a defendant] had joined the conspiracy are not admissible to show his participation. Moreover, in Gil, the government met its burden, in part, by presenting evidence that two specifically identified defendants "were co-conspirators, and prov[ing], by a preponderance of the evidence, that [drug] ledgers [sought to be admitted] were the defendants' statements." "However, Barrasa seemed happy after talking with the defendant.". The Court ordered identification of each opinion sought to be admitted as expert or lay testimony, and the government once again takes the approach that each opinion constitutes expert testimony. 1959(a)(6). "It remains to be seen ultimately whether this prosecution was warranted, " Breyer said. Mar. 2007). 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. Villanueva was immediately jailed and charged with Barrasa's murder. "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." See United States v. Lloyd,807 F.3d 1128, 1155 n.8 (9th Cir. Shane Bowman, Defendant, represented by Julia Mezhinsky Jayne , Jayne Law Group, P.C.. Jaime Cervantes, Defendant, represented by Randy Sue Pollock , Attorney at Law. 3553. Your financial contribution supports our efforts to deliver quality, locally relevant journalism. Fed. Stay Off Mountain Roads': Caltrans, Experts: Big Bear Bald Eagle Eggs Unlikely To Hatch In Nest, Are You Registered For Alert RivCo In Palm Desert? Retirement Communities in the Palm Springs Area | 55+, 'We Aren't Joking. May 27, 2011) ("In a myriad of ways, the statements sought to further the conspiracy's common objective and/or to set in motion transactions that were integral to the conspiracy."). 928 at 8-11; United States v. Gadson,763 F.3d 1189, 1210 (9th Cir. "); 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'"). Although the Court declines to hold a Daubert hearing before trial because of the limited number of opinions that remain after this order, the Court will consider the admissibility of remaining opinions the government seeks to admit within the time afforded for trial outside the presence of the jury. )3 Having reviewed the filing, the Court finds that virtually all of the "opinions" relate to investigation-specific terms that lack any fixed meaning or that fall outside the category of commonly-used slang or jargon, and for which Feeney does not explain how his opinions result from a reliable expert methodology. An official website of the United States government. 1045 at 3) does not suffice. Finally, all of the remaining opinionsnot identified in the two paragraphs aboveare investigatory, or otherwise could not satisfy Rule 702's requirements because no translation is given or a given translation is the same as the phrase supposedly in code. 985 at 37, Opinion Number 553.) 928 at 15.) Castaneda, 16 F.3d at 1507. (See Docket No. endobj % Rudy Del Real and Rudolfo Quilon complete the order. Villanueva also conveyed to the same inmate that he wanted to "choke" Carlin. Since its inception in the mid-1960s, officials said, the gang has been responsible for at least 300 killings statewide. First, A. Cervantes seeks to preclude Anthony Garrow from opining on the stabbing of Tobias Vigil, separate from "translation" testimony regarding coded words in particular documents. "Rule 702 requires district courts to assure that an expert's methods for interpreting the new terminology are both reliable and adequately explained." However, with respect to those alleged coconspirators not charged, e.g., Skip Villanueva, a sufficient proffer has not been made. Voices for Children CASA Volunteer Information Session! [that adds `e' or `ez' to words.]." (August 17, 2015 Disclosure, Ex. . 1070 at 3 n.1.) Feeney also translates the words, "Take care of her things to do list for the summer," to mean "Hit (kill) Demon." This portion of the motion is GRANTED as to the government's case-in-chief. The 25-count indictment was returned Thursday by a grand jury that had heard testimony during the past year. 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." United States v. Osazuwa,564 F.3d 1169, 1176 (9th Cir. Scores of other members and associates have pleaded guilty to charges arising from the investigation. id. Marshal Hold. One gang member, Jacob Enriquez, was arrested in Visalia two weeks ago. United States District Court, N.D. California.https://leagle.com/images/logo.png. Cf. 801(d)(2)(E). H. Cervantes similarly "seeks an order from this Court requiring that the Government specify the statements it seeks to introduce; the conspiracy that is alleged to be connected with the statement; and that the Court . For example, a sworn affidavit drafted in connection with the case by FBI Special Agent McCarrell Crumrin said that one Nuestra Familia member who decided to turn state's witness against the gang ended up giving investigators evidence that was used to charge him separately with racketeering. . (See Docket No. 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. Share sensitive information only on official, secure websites. 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). 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."). All six lived in the Secure Housing Unit, a prison within a prison at Pelican Bay, and all were eligible for parole. . Agencies partner to release first Tahoe Regional Trails Strategy, Barton Health selected as leader in quality, safety for 3rd year in a row, Man arrested for cold case murder in South Tahoe following test of decades-old rape kit, Heavy snow causes warehouse to collapse in South Lake Tahoe, Avalanche slams into Olympic Valley apartment building; No injuries reported. Thus: "`due process constrains the application of Pinkerton where the relationship between the defendant and the substantive offense is slight,' and . Magdaleno acknowledged that immediately after the victim was stabbed, two bombers began punching and kicking the victim to allow Magdaleno to escape being caught by guards with the stabbing weapon. 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. 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. Further, to the extent the government argues that H. Cervantes's actions after his arrest demonstrate continued participation in the conspiracy, he seeks to exclude such evidence under Rule 403. October 10, 1976. This proffered translation falls squarely within the rubric of one constituting "lay opinions about the meaning of intercepted phone calls, . (See Docket No. Click on the case name to see the full text of the citing case. (citations omitted)); United States v. Cerna, 2011 WL 2119304, at *3 (N.D. Cal. Any action you take upon the information you find on this channel (PARADIGMMEDIA) is strictly at your own risk. x]ms9*>[DhJqB6 Gq~0TA9=_wh4ckf5j'O^YG?v2? 2006) (footnote omitted); see United States v. Gil,58 F.3d 1414, 1420 (9th Cir. In Decoud, for instance, "the expert gave a lengthy explanation of how he interpreted `diznerty' based on his understanding of a common speaking style . 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. Riverside County Superior Court Judge Mac Fisher scheduled a sentencing hearing for Sept. 20 at the Riverside Hall of Justice. ), Moreover, to the extent the government now claims that Feeney is interpreting codes that are "more `prison code' than `nf code,'" and that he bases his opinions on "`years of listening to this guys [sic], not just the nf but prisoners,'" a sufficient proffer has not been made. 2014); United States v. Vera,770 F.3d 1232, 1241 (9th Cir. 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.") , Barrasa seemed happy after talking with the Defendant. `` unduly prejudicial, Sgt opinions its... Wl 899145, at * 6 ( `` to the government 's updated filing proffers five hundred seventy-six `` ''! To an official government organization in the United States v. Cerna, 2011 WL 2119304, *... At your own risk own personal reasons but Villanueva seems to recognize.! 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