1024 at 4 (some quotation marks omitted).) Voices for Children CASA Volunteer Information Session! 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. Since its inception in the mid-1960s, officials said, the gang has been responsible for at least 300 killings statewide. 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 Villanueva also conveyed to the same inmate that he wanted to "choke" Carlin. See Vera, 770 F.3d at 1241. 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. 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." Id. 2 0 obj May 27, 2011) ("Before trial, the government made a good faith effort to comply with the local rule and the scheduling orders and produced a comprehensive document summarizing over 400 statements, sorted by sponsoring witness. . . 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. Click the citation to see the full text of the cited case. 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, 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. 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. Shane Bowman, Defendant, represented by Julia Mezhinsky Jayne , Jayne Law Group, P.C.. Jaime Cervantes, Defendant, represented by Randy Sue Pollock , Attorney at Law. All six lived in the Secure Housing Unit, a prison within a prison at Pelican Bay, and all were eligible for parole. The convictions are the culmination of an investigation that began in 1997 after investigators in Santa Rosa developed new leads into the gang. Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. Parry said Monday that changes in Corrections Department policy would be made, but he refused to provide details. was made by the party's coconspirator during and in furtherance of the conspiracy." Cervantes admitted that he was the hitter for the removal and stabbed the victim in the head. 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.'" %PDF-1.7 Romero also admitted to helping plan two other removals on April 29 and October 23, 2013. 1991)). 1045 at 5.) See Hermanek, 289 F.3d at 1095 n.7. Cf. This order terminates Docket Nos. On their face, most of the opinions do not appear to constitute "commonly used" slang. 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. . 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. Your financial contribution supports our efforts to deliver quality, locally relevant journalism. Listed below are those cases in which this Featured Case is cited. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone bad. <>/OutputIntents[<>] /Metadata 340 0 R/ViewerPreferences 341 0 R>> N.D. Cal. This is just one investigation. 1994)); see also id. Accordingly, the Court will consider particularized objections and arguments for jury instructions, but H. Cervantes has not yet provided either for purposes of considering whether to exclude any evidence pursuant to this motion. 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. PARADIGM MEDIA NEWS Unplugged, will not be liable for any losses and/or damages in connection with the use of our CHANNEL From our website, you can visit other websites by following hyperlinks to such external sites. 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." 1045 at 3) does not suffice. 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. 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.'" Romero admitted that he approved the February 25, 2013, removal of a victim from one of the housing units of the Monterey County Jail. <> 1959(a)(6). 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." Felon Who Allegedly Fled, Fought With Deputies Arraigned, Data Breach At College Of The Desert Made Public, Kiss Plans Coachella Valley Stop On Final Leg Of Farewell Concert Tour, Palm Springs Area Flooding Leads To Multiple Road Closures Amid Storm, Contour Dermatology Beau-Tea-ful Day of Beauty Benefitting Palm Springs Animal Shelter, Coachella Valley Wildflower Festival 2023: Palm Desert, 'Rigs At The Ranch' 2023: Vail Headquarters, Temecula, Annual Wine Festival & Chocolate Decadence 2023: Pechanga Resort Casino, Temecula, Former Secretary Of State Mike Pompeo: Desert Town Hall 2023, Indian Wells, T-Mobile Tuesdays: Fresh Perks Every Week. Dunbaugh said he has no idea what effect the Nuestra Familia arrests will have on the gang. Nuestra Familia gang leaders are accused of ordering and carrying out a campaign of intimidation, assaults and killings to control a crime syndicate and drug distribution empire that authorities say reaches as far south as Bakersfield. (People v. Prunty (2015) 62 Cal.4th 59, 71 .) 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 . No claims to the accuracy of this information are made. Some gang members even ended up testifying against themselves. . at 1246 (quoting United States v. Castaneda,16 F.3d 1504, 1507 (9th Cir. e. This was seven weeks before the first witness. Rather, they appear to be terms the meaning for which Feeney seeks to discern from his investigation of the Nuestra Familia organization itself, and this case, in particular. He did, however, express concern the arrests may cause rival gang members to intensify their activities. Cf. He is not welcome in the prisons. 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. In sum, the Court GRANTS IN PART AND DENIES IN PART A. Cervantes's motion in limine number 4. 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. 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. Marshal Hold. In this specific call, Villanueva discusses problems that Peggy has been having with a fellow NF member by the name of Saragoza Capone Sanchez. at 2.) (4) A second Discovery Letter of August 21,2015 disclosing its intention to introduce at trial: (5) Disclosure Letter of August 26, 2015, including the following: (6) Disclosure Letter to Counsel for Andrew Cervantes of December 3, 2015, with all of the above information and the following disclosures: Listed below are the cases that are cited in this Featured Case. However, the Court also recognizes that the conspiracy alleged is much broader than the defendants would like to admit. 2013, defendant Carlos Cervantes, aka "Lil Huero" and "Doug," stabbed and slashed the victim's head . The Nuestra Familia gang its members are called nortenos originated within prison walls in 1965 as a means to protect Hispanic inmates from rural Northern California. 783,7 831, 832, 833, 846, 1021, 1022, 1023, and 1024. i (1) 2nd Expert Disclosure Letter of August 17, 2015 with attachments: (2) Discovery Letter of August 21, 2015, enclosing the follow relevant documents: (3) Jail Letter Index of August 21, 2015. Id. . 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. 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. 2002)); see also United States v. Williams, 2016 WL 899145, at *8 (N.D. Cal. (See, e.g., Docket No. 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"). Men punished Monterey County Jail inmates for not following Nuestra Familia gang rules . 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. Inside prisons and local jails, all members and associates of Nuestra Familia and Norteos work together to maintain the structure and follow the rules of the Enterprise. (Id.) . 456 Followers, 1,867 Following, 812 Posts - See Instagram photos and videos from Sheldon Villanueva (@sheldonvillanueva) 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." This proffered translation falls squarely within the rubric of one constituting "lay opinions about the meaning of intercepted phone calls, . 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. . UNITED STATES OF AMERICA, Plaintiff, . While the government need show only a slight connection with the conspiracy, the independent evidence must be `fairly incriminating: . The guilty pleas were accepted by the Honorable Beth L. Freeman, United States District Judge. 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. Id. 2010) (concluding that error arose in allowing jury to convict on the basis of "what was reasonably foreseeable not only to [a defendant], but also to her co-schemers," explaining that "Castaneda . 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."). For example, Feeney translates the words, "The poem `Back to Basics,'" to mean "The rules Cervantes implemented for all." Share sensitive information only on official, secure websites. 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. United States v. Liera,585 F.3d 1237, 1245 (9th Cir. ; Docket No. 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. 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. 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. [that adds `e' or `ez' to words.]." See, e.g., United States v. Moran,493 F.3d 1002, 1010 (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. Sanchez is living at the home with Peggy and is in a relationship with her daughter Coco. 1986). 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. Thus, the Court GRANTS the motions WITHOUT PREJUDICE to future motions if pertinent to a rebuttal. These links to other websites do not imply a recommendation for all the content found on these sites. 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. 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