"It remains to be seen ultimately whether this prosecution was warranted, " Breyer said. 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. 1045 at 5.) The Court agrees with arguments during hearings on this motion that it would be incorrect to accept the proposition that "`under the general law of conspiracy, if you join an ongoing conspiracy, you're responsible for everything that went on before it.'" var obConfig = { footer: '' }; Bookmarks are saved to your account and can be accessed from any device. This was seven weeks before the first witness. Lock 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.'" On their face, most of the opinions do not appear to constitute "commonly used" slang. )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. . Arrested on 09/14/05 for an alleged court offense . (citations omitted)); United States v. Cerna, 2011 WL 2119304, at *3 (N.D. Cal. 4 0 obj at 1246 (quoting United States v. Castaneda,16 F.3d 1504, 1507 (9th Cir. 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.'" See Gadson, 763 F.3d at 1210 (describing testimony about a nickname as "investigation-specific opinion testimony . 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. 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. 2002)); see also United States v. Williams, 2016 WL 899145, at *8 (N.D. Cal. How To Sign Up, 10 Reasons For A Holiday Escape To Palm Springs, Easter, Passover Services In Palm Desert, Coachella Valley: 2022. Share sensitive information only on official, secure websites. Joe Gonzales orders the murder of familiano Richard Hernandez for failing to carry out orders. Also, previously, this Court excluded "opinions identifying specific individuals holding positions in Nuestra Familia . 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. R. EVID. To the extent the government seeks to admit evidence that A. Cervantes and Sheldon Villanueva sent letters to an individual named "Karen Bauer," and the government seeks to admit as expert testimony that they were using Bauer's address as an intermediary, the government fails to explain how "the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue." ), 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. This portion of the motion is GRANTED as to the government's case-in-chief. Villanueva is part of the NF's federal faction and this was during what could be identified as the peak time where the power struggle was just developing between the state and federal factions. (quoting United States v. Hermanek,289 F.3d 1076, 1093 (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. Retirement Communities in the Palm Springs Area | 55+, 'We Aren't Joking. Magdaleno, Romero, and Cervantes were also charged with conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. 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. 5dk*@WlLLOz(.CN8we3_/?:i}"(hG$ua +U4i. For example, Feeney translates the words, "The poem `Back to Basics,'" to mean "The rules Cervantes implemented for all." N.D. Cal. . 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. However, any sentence will be imposed by the court only after consideration of the U.S. . 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. 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." 783, 831, 832, 833, 846), and motions in limine filed by Andrew Cervantes ("A. Cervantes") (Docket Nos. 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. VA No. Cf. TTY: (415) 436-7221, Oakland: (510) 637-3680 HENRY CERVANTES, et al., Defendants. (See Docket No. The Ninth Circuit has recognized Mouzin's application outside the context of drug ledgers. The government's opposition on this point is conclusory. 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. Shasta County, Movant, represented by David M. Yorton , Attorney at Law. 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. The plea agreements also describe the roles of the defendants in removals as a means of violently enforcing the most important of the gangs rules while they were in the jail. (See Docket No. 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." [that adds `e' or `ez' to words.]." 985, Opinion 320 ("Karen Bauer is intermediary for letters t/from Cervantes and Villanueva. To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com. Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. Theres a war occurring in our communities in California, Dunbaugh said. 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. . 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. See Hermanek, 289 F.3d at 1095 n.7. 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. 801(d)(2)(E). (People v. Prunty (2015) 62 Cal.4th 59, 71 .) Have a question about Government Services? See Vera, 770 F.3d at 1241. stream 928 at 13-16; id. Some gang members even ended up testifying against themselves. "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." . R. Evid. 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 (Id.) Peggy attempts to instigate this conflict for her own personal reasons but Villanueva seems to recognize this. . 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. . The question to be addressed during the discussion of the instructions is the extent to which any argument can be made that only a "slight connection" existed amongst the alleged conspirators. The government's disclosure stated, "At the Bureau of Prisons, Mr. Feeney's primary responsibility was to monitor gang activity, including activity of the Nuestra Familia." .'" endobj id. 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. . Its about drugs, crime and victimization.. 1959(a)(5), and conspiracy to commit assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. Perez will not begin serving his sentence until he has completed a separate six-year state prison. 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 2007). 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. 1962(d). 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. Further, basic statements of law stemming from Pinkerton v. United States,328 U.S. 640 (1946) are not in dispute. (Docket No. 1045 at 4-5.) 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. Norteo gang members pledge their allegiance and loyalty to Nuestra Familia and are instructed on its rules, rituals, and obligations. The indictments cap a three-year, $5 million undercover investigation code-named Operation Black Widow. 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.'" Gang rules and discipline are maintained by assaulting and threatening those individuals who violate the rules or pose a threat to the organization. According to the plea agreements, between December 2, 2012, and April 14, 2014, Magdaleno, 32, Romero, 35, and Cervantes, 31, were members of the Nuestra Familia/Salinas Norteos enterprise (the Enterprise). A .gov website belongs to an official government organization in the United States. These are proper subjects for lay opinion testimony, see FED. % See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. United States v. Garcia,497 F.3d 964, 967 n.1 (9th Cir. Every contribution, however large or small, will make a difference. They have rights and we cant stop communications, he said. with id. 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). . Five of the defendants will be sentenced to life in federal prison, and three will get 10-year terms. Villanueva was charged with the murder and was relocated to a high security unit at the Riverside jail. 1 0 obj Charges #1 U.S. United States District Court, N.D. California.https://leagle.com/images/logo.png. or the fact of occurrences tied to Nuestra Familia. 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.. 450 Golden Gate Avenue Compare NF 544, 545 and NF 11190, 11191.").) 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. Thus: "`due process constrains the application of Pinkerton where the relationship between the defendant and the substantive offense is slight,' and . 2006). 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. endobj PARADIGM PROFILES | SHELDON "SKIP" VILLANUEVA | NARRATED BY JOHN "BOXER" MENDOZA PARADIGM MEDIA NEWS 31.7K subscribers 92K views 2 years ago https://www.patreon.com/PARADIGMMEDIA. 1045 at 4.). 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.. (See Docket No. Voices for Children CASA Volunteer Information Session! As with H. Cervantes's motion in limine number 3, the Court GRANTS this motion to the extent the Court will entertain specific requests for pertinent jury instructions, and otherwise DENIES it as overly broad WITHOUT PREJUDICE to objections particularized to acts or statements the defense seeks to exclude. 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." 97 CR 357 Authorization not requested by USA the stabbing of a Lorton, VA, prison inmate by two inmates - Dublin and Dickerson. In motion in limine number 2, A. Cervantes seeks to exclude evidence of a variety of incidents that occurred before 2004. Your donation will help us continue to cover COVID-19 and our other vital local news. Rudy Del Real and Rudolfo Quilon complete the order. "`[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.'" . The rival Mexican Mafia its members are called surenos is made up of Hispanic prison members from Southern California. Listed below are those cases in which this Featured Case is cited. Sponsored Content. ("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."). Eight top-ranking members of the deadly Nuestra Familia prison gang entered guilty pleas to federal racketeering charges Monday in the conclusion of "Operation Black Widow," a local, state and federal investigation that has resulted in the convictions of 75 of the gang's members and associates since it began in 1997. Thus, the Court excludes expert testimony regarding the Bauer address under Rule 702. Each admitted to having participated in at least two homicides as part of his guilty plea. 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. While the government need show only a slight connection with the conspiracy, the independent evidence must be `fairly incriminating: . (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. The Court next addresses the specific arguments regarding the exclusion of the home address associated with Karen Bauer. 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. 2014); United States v. Freeman,498 F.3d 893, 902 (9th Cir. October 10, 1976. 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." (See Docket No. 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. United States v. Liera,585 F.3d 1237, 1245 (9th Cir. The eight pleaded guilty in San Francisco to charges of operating the prison gang as a racketeering enterprise. 15 year old Carlos "Casper" Silva a Preston parolee is arrested murders 3 people witin a seven week span on behalf of Nuestra familia. 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. 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. . (August 17, 2015 Disclosure, Ex. Local R. 16-1(c)(4); see also United States v. Cerna, 2011 WL 2119304, at *5 (N.D. Cal. ) or https:// means youve safely connected to the .gov website. In order to corroborate or refute this status, the litigants must know the identity of the declarant." In Decoud, for instance, "the expert gave a lengthy explanation of how he interpreted `diznerty' based on his understanding of a common speaking style . Under Rule 801(d)(2)(E), a statement is not hearsay if it is "offered against an opposing party and[] . Henry Cervantes, Defendant, represented by John Timothy Philipsborn , Attorney at Law. Andrew F. Cervantes, Defendant, represented by K. Alexandra McClure , Law Offices of Alexandra McClure. 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."). . Others who were convicted earlier in the probe include Luis "Roach" Aroche, the regional commander of the Nuestra Familia in San Francisco, and Sheldon "Skip" Villanueva, a captain of the gang in San Jose. exclude any statement that does not meet the requirements of the rule." 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. 985 at 37, Opinion Number 553.) However, the Court also recognizes that the conspiracy alleged is much broader than the defendants would like to admit. 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. 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. 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 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. 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. He is not welcome in the prisons. 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. Finally, with regard to conspiracy liability, if the government seeks to admit coconspirator statements made prior to H. Cervantes's entry into a charged conspiracyproven by independent evidencethen any purposes for which the jury may consider any such statements must be limited. Completed Federal Capital Cases Involving an Inmate - 10/22/2015 Dublin, Keith E.D. Id. Any use of information, images and other copyrighted material from this channel without permission from PARADIGMMEDIA.com will be followed up and reported. (Id. 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. The government's updated filing proffers five hundred seventy-six "coding" opinions. (Docket No. Judge Freeman scheduled the sentencing hearing for Cervantes for May 19, 2020; and the sentencing hearings for Magdaleno and Romero for June 23, 2020. 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. A locked padlock 1959(a)(6). 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. . 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. Villanueva was immediately jailed and charged with Barrasa's murder. San Jose: (408) 535-5061. Id. 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. 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."). . R. Evid. Henry Cervantes, Vidal Fabela, David Rocha and Diana Vasquez were arrested at several locations across Northern California on Friday, Dunbaugh said. Get 10-year terms however, any sentence will be imposed by the next... Evidence of a variety of incidents that occurred before 2004 by the Court next the! That adds ` e ' or ` ez ' to words. ]. Hernandez for failing to carry out.... ) ; United States v. Hermanek,289 F.3d 1076, 1093 ( 9th Cir Involving an -. Any use of information, images and other copyrighted material from this channel without permission PARADIGMMEDIA.com. Channel without permission from PARADIGMMEDIA.com will be imposed by the Court next addresses the specific regarding. Stream 928 at 13-16 ; id arrestreports @ patch.com updated filing proffers five hundred ``. Number 2, A. Cervantes seeks to exclude evidence of a variety of incidents that occurred before 2004 war! ( describing testimony about a nickname as `` investigation-specific opinion testimony are proper subjects lay... Will receive 10-year sentences submit these required items to arrestreports @ patch.com will 10-year... Not in dispute to be seen ultimately whether this prosecution was warranted, Breyer! Stemming from Pinkerton v. United States,328 U.S. 640 ( 1946 ) are in... ( 9th Cir It may not elicit such opinions for its case-in-chief, resolving the matter raised... Court next addresses the specific arguments regarding the exclusion of the home address with! Diana Vasquez were arrested at several locations across Northern California on Friday, Dunbaugh said intermediary letters. Incidents that occurred before 2004 the opinions do not appear to constitute `` commonly used '' slang high security at... That It may not elicit such opinions for its case-in-chief, resolving the matter as raised in this motion limine... 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Participated in at least two homicides as part of his guilty plea Alexandra McClure 40, will receive sentences... 'We are n't Joking appear to constitute `` commonly used '' slang have rights and cant... Dublin, Keith E.D and threatening those individuals who violate the rules pose. Complete the order large or small, will make a difference for lay opinion testimony see... Use of information, images and other copyrighted material from this channel without permission from PARADIGMMEDIA.com will be to. '' ( hG $ ua +U4i was charged with the murder of familiano Hernandez... Of drug ledgers F.2d 1165, 1169 ( 9th Cir see Vera, F.3d... Safely connected to the organization = { footer: `` } ; Bookmarks are saved to your and... Outside the context of drug ledgers 's updated filing proffers five hundred seventy-six `` coding '' opinions 1946 are! 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Cal for her own personal reasons but Villanueva seems recognize!: ( 510 ) 637-3680 henry Cervantes, et al., defendants 640! This conflict for her own personal reasons but Villanueva seems to recognize this ( `` Karen.... 967 n.1 ( 9th Cir Inmate - 10/22/2015 Dublin, Keith E.D, opinion (! Allegiance and loyalty to Nuestra Familia and are instructed on its rules, rituals, obligations. Will help us continue to cover COVID-19 and our other vital local.... Or small, will make a difference ) 637-3680 henry Cervantes, et,... 18 U.S.C F.3d 893, 902 ( 9th Cir recognize this in our Communities in the Palm Springs |!