Peggy attempts to instigate this conflict for her own personal reasons but Villanueva seems to recognize this. Rudy Del Real and Rudolfo Quilon complete the order. 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. As required by Prunty, the prosecution showed "associational or organizational connection uniting" Nuestra Raza and Nuestra Familia. 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. This was seven weeks before the first witness. endobj Cf. Arrested on 09/14/05 for an alleged court offense . v. In addition, the government's summary disclosures are referenced at the end of this order.i The objections based on Local Rule 16-1(c)(4) are also DENIED. (PARADIGMMEDIA) Unplugged, does not make any warranties about the completeness, reliability and accuracy of this information. PARADIGM MEDIA NEWS Channel is in compliance with 17 U.S.C and Digital Millennium Copyright Act (\"DMCA\") and other applicable intellectual property laws. Id. 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. 2015) (citing Mouzin in the context of purported Rule 801(d)(2)(E) statements made by "unidentified telemarketers"). See Docket No. Inmates sneak out handwritten coded letters, or micro-writings, often transcribed and forwarded by their spouses and girlfriends and sometimes disguised as legal mail. However, any sentence will be imposed by the court only after consideration of the U.S. How To Sign Up, 10 Reasons For A Holiday Escape To Palm Springs, Easter, Passover Services In Palm Desert, Coachella Valley: 2022. 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. There are mature, veteran gang members directing street gangs throughout California to conduct their crimes.. California Department of Corrections and Rehabilitation, Movant, represented by Michael Joseph Gonzales Lagrama , California State Attorney General's Office. [that adds `e' or `ez' to words.]." "); United States v. Segura-Gallegos,41 F.3d 1266, 1272 (9th Cir. 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. Dunbaugh said he has no idea what effect the Nuestra Familia arrests will have on the gang. Richie Michelson, Defendant, represented by Jeffry Mitchell Glenn , Berman & Glenn. TTY: (415) 436-7221, Oakland: (510) 637-3680 2007) ("Statements made for personal objectives outside the conspiracy or as part of idle conversation are not admissible under Rule 801(d)(2)(E). See Hermanek, 289 F.3d at 1095 n.7. 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. [a] summary of any statement the government intends to offer under F. R. Evid. Please see the exhibits to the United States' Second Expert Disclosure, which provide detailed summaries of the content of the jail calls. (See Docket No. Jurors deliberated just over three days before unanimously recommending that 42-year-old Rigoberto Villanueva of Fontana receive capital punishment for the 2016 killings of Rosemary Barrasa, 37, and Tom Carlin. 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. The Court addressed the law relative to this issue previously. "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.". Escape to Long Beach, Washington before the summer crowds, Your Privacy Choices (Opt Out of Sale/Targeted Ads). with id. knowingly participated in a conspiracy." 2013, defendant Carlos Cervantes, aka "Lil Huero" and "Doug," stabbed and slashed the victim's head . Cf. . A at 10.) Five of the defendants will be sentenced to life in federal prison, and three will get 10-year terms. 832 at 1-2.) Villanueva is a high ranking member of the Nuestra Familia prison gang who is currently housed in Florence ADX. However, the Court also recognizes that the conspiracy alleged is much broader than the defendants would like to admit. Shane Bowman, Defendant, represented by Julia Mezhinsky Jayne , Jayne Law Group, P.C.. Jaime Cervantes, Defendant, represented by Randy Sue Pollock , Attorney at Law. 928 at 13-16; id. "`[V]ague and generalized' explanations are not sufficient; rather, the officer must explain how he applies his `knowledge to interpret particular words and phrases used in particular conversations.'" . These examples illustrate how Feeney seeks to go beyond translating particular words with fixed meanings and opine about the origin and effect of a Nuestra Familia document, Nuestra Familia rules, the expectations of Nuestra Familia members, and particular actions by particular individuals holding particular positions within Nuestra Familia. San Francisco, CA 94102, San Francisco: (415) 436-7200 (See, e.g., Docket No. For example,6 Opinion 517 reads: "Tell Polvo that Demonito is a waste of time and mom doesn't want her around the house, period." var obConfig = { footer: '' }; Bookmarks are saved to your account and can be accessed from any device. Garcia and Ramirez are in federal custody awaiting trial. . Further, basic statements of law stemming from Pinkerton v. United States,328 U.S. 640 (1946) are not in dispute. Eventually, the FBI, U.S. Department of Justice and other state and local law enforcement agencies combined forces. The rival Mexican Mafia its members are called surenos is made up of Hispanic prison members from Southern California. 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. (See Docket No. If they comply with their plea agreements, the additional charges will be dismissed at sentencing. 1045 at 4.). . (quoting United States v. Hermanek,289 F.3d 1076, 1093 (9th Cir. . "Rule 702 requires district courts to assure that an expert's methods for interpreting the new terminology are both reliable and adequately explained." Romero admitted that he relayed the leaderships approval for the removals, which involved a hitter stabbing the April 29 victim in the head with a metal shank and a hitter stabbing the October 23 victim in the neck with a weapon made out of plexiglass. Some of the predicate offenses were committed by members of Nuestra Raza. ("Here, the only evidence offered by the government to establish that Le Chen's mother was involved in a conspiracy are the hearsay statements the government sought to introduce regarding what Le Chen's mother told Le Chen."). 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. Deputy District Attorney Anthony Orlando said the defendant and Barrasa lived together at the property over the ensuing six months, and during that time, Villanueva became abusive, inflicting injuries to the victim's arms and legs and cutting away some of her hair. 9, 2016) ("That gang expert testimony on symbols, code words, and the like has generally been admitted in this district does not mean that it is admissible irrespective of its reliability or helpfulness to the jury."). '$I6ysphgH0y2&r.B9td?y?86bpDC78v:7xuz0S,}2]x(x/QNWt&{jE% 3\= Qh.%9B.N@>aj@U4yz /sNZ<7m'QP`JN@\1k2#!Q7mt/vC|LB)]@%fJ@H=NqYrG%g#OnK"J0Ac87\Ip&'q`6HOM!0V \/ (citations omitted)); United States v. Cerna, 2011 WL 2119304, at *3 (N.D. Cal. VA No. Each admitted to having participated in at least two homicides as part of his guilty plea. Crim. . Consent By using our Channel you hereby consent to our disclaimer and agree to its terms. Pursuant to the terms of their plea agreements, Magdaleno has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of 30 years to run concurrently with sentences imposed in connection with a number of state court convictions; Romero has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of 18 years; and Cervantes has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of 10 years. 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 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. 3553. 2006) (footnote omitted); see United States v. Gil,58 F.3d 1414, 1420 (9th Cir. 831 at 3.) Villanueva was immediately jailed and charged with Barrasa's murder. Scores of other members and associates have pleaded guilty to charges arising from the investigation. Share sensitive information only on official, secure websites. 1959(a)(5), and assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. Within a week of her leaving, Villanueva went searching for the victim and arrived in the Inland Empire on May 7. 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. Thus, the Court GRANTS the motions WITHOUT PREJUDICE to future motions if pertinent to a rebuttal. 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. "); id. Theres a war occurring in our communities in California, Dunbaugh said. 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. Villanueva was charged with the murder and was relocated to a high security unit at the Riverside jail. Vera, 770 F.3d at 1241. Under current Ninth Circuit law, the Court would need to evaluate the remaining opinions under Rule 701. (People v. Prunty (2015) 62 Cal.4th 59, 71 .) 1962(d). 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. (citations omitted). For example, Magdaleno admitted that he orchestrated and participated as the hitter in the December 2, 2012, removal of a victim from the jail. The Court already has held these types of opinions to be improper expert testimony. . United States v. Osazuwa,564 F.3d 1169, 1176 (9th Cir. 1 0 obj Previously, the Court found that Feeney's disclosures set out his experience investigating Nuestra Familia for eight years, without indicating whether Feeney's experience extended beyond the Nuestra Familia. 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." (See Docket No. "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. ." 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." "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." Joe Gonzales orders the murder of familiano Richard Hernandez for failing to carry out orders. 1986). Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. 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 . 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. Thus, the Court excludes expert testimony regarding the Bauer address under Rule 702. Sheldon SKIP Villanueva NUESTRA FAMILIA wiretap - YouTube 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. However, with respect to those alleged coconspirators not charged, e.g., Skip Villanueva, a sufficient proffer has not been made. 928 at 10.). 15 year old Carlos "Casper" Silva a Preston parolee is arrested murders 3 people witin a seven week span on behalf of Nuestra familia. 1021 at 1.) 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. Not included in that basis for Feeney's opinions was information about other gangs he monitored and what such monitoring entailed such that it would apply to his proffered opinions. Nov. 17, 2011) ("Nonetheless, to ensure no juror confusion, the undersigned instructed the jurors at the time evidence was admitted of the limited purpose of the evidence and the fact that most of the defendants on trial were in custody at the time of the incident. 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. The convictions are the culmination of an investigation that began in 1997 after investigators in Santa Rosa developed new leads into the gang. Compare NF 544, 545 and NF 11190, 11191.").) Readers around the Lake Tahoe Basin and beyond make the Tahoe Tribune's work possible. Magdaleno, Romero, and Cervantes were also charged with conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. See Luce v. United States,469 U.S. 38, 40 n.2 (1984) (noting that motion in limine refers "to any motion, whether made before or during trial, to exclude anticipated prejudicial evidence before the evidence is actually offered"). 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). Here, the Court is satisfied, given its knowledge of the case and many of the documents that have been submitted, that the government has made a sufficient proffer as to the each of the named defendants' potential for involvement in the charged conspiracy, and with respect to those categories of evidence for which the Court has denied motions to exclude wholesale. 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. (quoting United States v. Sine,493 F.3d 1021, 1038 (9th Cir. The $5 million investigation turned up evidence that the Nuestra Familia dealt drugs, committed burglaries, robberies and murders and trafficked in illegal weapons. He was paired with Carlin in Housing Unit 17 at the Smith Correctional Facility. 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." Second, the following opinions do not appear on their face to be based upon Feeney's investigation of this particular organization, but the government's August 2015 disclosure suggests that in fact they might be: Opinion Numbers 1; 2; 7; 8; 17; 18; 19; 32; 53; 58; 59; 72; 74; 76; 79; 82; 84; 86; 89; 92; 151; 184; 187; 188; 243; 259; 270; 278; 294; 438; 476; 485.5 Because of the information contained in the August 2015 disclosure, the Court also RESERVES ruling on these opinions. Voices for Children CASA Volunteer Information Session! Id. 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.". 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. . This war is about power, control and money. Magdaleno also admitted that he orchestrated and participated as the hitter in the February 25, 2013, removal of a victim from the jail. In motion in limine number 2, A. Cervantes seeks to exclude evidence of a variety of incidents that occurred before 2004. Shasta County, Movant, represented by David M. Yorton , Attorney at Law. 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. . The prosecutor said that on the afternoon of Sept. 17, 2016, Villanueva knotted a bed sheet and used it to strangle the victim, trying to make it appear as though the senior had hung himself while sitting on the bedside commode. 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.
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