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. Compare NF 544, 545 and NF 11190, 11191.").) 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. Cervantes admitted that he was the hitter for the removal and stabbed the victim in the head. (People v. Prunty (2015) 62 Cal.4th 59, 71 .) 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. 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. 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. This portion of the motion is GRANTED as to the government's case-in-chief. 928 at 15.) . 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. Both the victim and all defendants are black. 928 at 8-11; United States v. Gadson,763 F.3d 1189, 1210 (9th Cir. N.D. Cal. Twelve men and one woman face federal charges of murder, robbery, conspiracy and drug-related crimes. Within a week of her leaving, Villanueva went searching for the victim and arrived in the Inland Empire on May 7. (Id.) 832 at 1-2.) (Id. A .gov website belongs to an official government organization in the United States. ("To interpret the meaning of coded language encountered for the first time in the specific investigation at issue, however, an officer's qualifications, including his experience with narcotics investigations and intercepted communications, are relevant but not alone sufficient to satisfy Federal Rule of Evidence 702."). Dunbaugh said additional arrests were likely, but he refused to elaborate. 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. . (Docket No. Secure .gov websites use HTTPS 2015) (citing Mouzin in the context of purported Rule 801(d)(2)(E) statements made by "unidentified telemarketers"). Gang rules and discipline are maintained by assaulting and threatening those individuals who violate the rules or pose a threat to the organization. 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. See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. 985 at 35.) Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. Henry Cervantes, Defendant, represented by John Timothy Philipsborn , Attorney at Law. Gil, 58 F.3d at 1420; see also id. 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." 2009). The Court next addresses the specific arguments regarding the exclusion of the home address associated with Karen Bauer. 1045 at 4-5.) a Pinkerton instruction would violate due process [in a case where there only was a] slight connection between [a] [defendant] and [a] conspiracy.'" 2008). (See Docket No. In Decoud, for instance, "the expert gave a lengthy explanation of how he interpreted `diznerty' based on his understanding of a common speaking style . subject to the requirements of Federal Rule of Evidence 701," Vera, 770 F.3d at 1242; see also Gadson, 763 F.3d at 1210. 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." Decoud, 456 F.3d at 1014 n.6. Andrew F. Cervantes, Defendant, represented by K. Alexandra McClure , Law Offices of Alexandra McClure. "`[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.'" Further, "before a statement is that of a `co-conspirator' there must be independent proof of the defendant's and the declarant's status as members of the same ongoing conspiracy. Castaneda, 16 F.3d at 1507. Inmates sneak out handwritten coded letters, or micro-writings, often transcribed and forwarded by their spouses and girlfriends and sometimes disguised as legal mail. 1991)). 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. United States v. Garcia,497 F.3d 964, 967 n.1 (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. A locked padlock United States District Court, N.D. California.https://leagle.com/images/logo.png. Completed Federal Capital Cases Involving an Inmate - 10/22/2015 Dublin, Keith E.D. Mar. See United States v. Garcia,793 F.3d 1194, 1213 (10th Cir. "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.". 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. Also, previously, this Court excluded "opinions identifying specific individuals holding positions in Nuestra Familia . (quoting United States v. Benson,941 F.2d 598, 605 (7th Cir. The purpose of the subsequent beating is to inflict upon the victim maximum damage while giving the hitters time to wash themselves and get rid of weapons. Opinion Number 541.) Listed below are those cases in which this Featured Case is cited. In their plea agreements, Magdaleno, Romero, and Cervantes admit to participating in the distribution of narcotics to other inmates at Monterey County Jail. 928 at 13-16; id. 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. 1021, 1022, 1023, 1024). She had been. Charges #1 U.S. 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. ; Docket No. 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. . Eventually, the FBI, U.S. Department of Justice and other state and local law enforcement agencies combined forces. 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. 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. "); 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'"). The government's exhibit list is understandably comprehensive and the defense's objections in this regard are DENIED. 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. Id. Villanueva was immediately jailed and charged with Barrasa's murder. However, `statements made to keep coconspirators abreast of an ongoing conspiracy's activities satisfy the `in furtherance' of requirement.'" One gang member, Jacob Enriquez, was arrested in Visalia two weeks ago. [that adds `e' or `ez' to words.]." Fed. However, with respect to those alleged coconspirators not charged, e.g., Skip Villanueva, a sufficient proffer has not been made. "Rule 702 requires district courts to assure that an expert's methods for interpreting the new terminology are both reliable and adequately explained." United States v. Osazuwa,564 F.3d 1169, 1176 (9th Cir. endobj Villanueva also conveyed to the same inmate that he wanted to "choke" Carlin. 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.'" 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. Shortly after this phone call was recorded, Sanchez was arrested, indicted, convicted and sentenced to over 300 years for his involvement in running a criminal street crew and for allegedly ordering a kidnapping. (Docket No. Feeney also translates the words, "Take care of her things to do list for the summer," to mean "Hit (kill) Demon." 2007) ("Statements made for personal objectives outside the conspiracy or as part of idle conversation are not admissible under Rule 801(d)(2)(E). 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. Cf. They are the two most powerful prison gangs in the state prison system, officials say. <> United States v. Mouzin,785 F.2d 682, 692 (9th 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. The guilty pleas were accepted by the Honorable Beth L. Freeman, United States District Judge. )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. 2014); United States v. Freeman,498 F.3d 893, 902 (9th Cir. 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. e. 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. 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. The Court GRANTS this motion to the extent the Court will entertain specific requests for pertinent jury instructions, and otherwise DENIES the motion as overly broad WITHOUT PREJUDICE to objections particularized to acts or statements the defense seeks to exclude. 1045 at 3) does not suffice. (quoting United States v. Sine,493 F.3d 1021, 1038 (9th Cir. Jackson may give his opinions regarding common slang."). Romero admitted that he approved the February 25, 2013, removal of a victim from one of the housing units of the Monterey County Jail. For instance, the government once again would have Feeney testify as an expert to what individual nicknames matched which defendants or alleged coconspirators in this case on the basis of listening to calls in this case. The indictments cap a three-year, $5 million undercover investigation code-named Operation Black Widow. Cf. 2007)). 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. The proffered expert "translation" reads: "Call Ernest Killinger (aka Polvo/Powder) and tell him that Tobias Vigil (Demonito) is not fulfilling his obligations and is no good. This is just one investigation. "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." 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. Other inmates described Villanueva as extremely moody and sometimes physically aggressive -- a deep contrast with Carlin, who was "happy-go- lucky" and generally liked by the men in his cell block, according to a trial brief prepared by the prosecution. Click on the case name to see the full text of the citing case. Parry said its impossible to monitor every single letter, phone call and visit of every single inmate. 1962(d). 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. 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. United States v. Bridgeforth,441 F.3d 864, 869 (9th Cir. var obConfig = { footer: '' }; Bookmarks are saved to your account and can be accessed from any device. All the information pertaining to this VIDEO is published in good faith and for general information purpose only. A. Cervantes seeks an order directing the government to comply with Criminal Local Rule 16-1(c)(4), which states that "the government shall disclose . "However, Barrasa seemed happy after talking with the defendant.". The government's updated filing proffers five hundred seventy-six "coding" opinions. 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." 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. (citations omitted)); United States v. Cerna, 2011 WL 2119304, at *3 (N.D. Cal. Sponsored Content. '$I6ysphgH0y2&r.B9td?y?86bpDC78v:7xuz0S,}2]x(x/QNWt&{jE% 3\= Qh.%9B.N@>aj@U4yz San Jose: (408) 535-5061. 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. 4 0 obj 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. 2007); United States v. Decoud,456 F.3d 996, 1014 (9th Cir. Main Office: Its about drugs, crime and victimization.. 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. <>/OutputIntents[<>] /Metadata 340 0 R/ViewerPreferences 341 0 R>> 1045 at 5.) 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. 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. 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. (See, e.g., Docket No. See Garcia, 497 F.3d at 967 & n.1; United States v. Cruz-Ramirez, 2011 WL 5599630, at *5 (N.D. Cal. It does not indicate whichif anywords in that call constitute commonly used slang or jargon, which words were newly heard by Feeney in this investigation, and, for the latter, what particular methodology he applied to translate each particular "coded" word. 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. 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. Vera, 770 F.3d at 1241. Thus: "`due process constrains the application of Pinkerton where the relationship between the defendant and the substantive offense is slight,' and . (See Docket No. See United States v. Lloyd,807 F.3d 1128, 1155 n.8 (9th Cir. [T]he evidence supported the finding that [the San Bruno ledger] was a statement made or adopted by Gil." 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Mcclure, Law Offices of Alexandra McClure, Law Offices of Alexandra,! F.2D 682, 692 ( 9th Cir organization in the Inland Empire on May 7 agencies combined forces the States...
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