However, `statements made to keep coconspirators abreast of an ongoing conspiracy's activities satisfy the `in furtherance' of requirement.'" These links to other websites do not imply a recommendation for all the content found on these sites. 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. Mar. "); id. <> Under Rule 801(d)(2)(E), a statement is not hearsay if it is "offered against an opposing party and[] . (Id.) x]ms9*>[DhJqB6 Gq~0TA9=_wh4ckf5j'O^YG?v2? 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. 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. Among the necessary prerequisites to admitting a statement under this exception is that a "party's coconspirator" made the statement: "Before an alleged co-conspirator's statement can be admitted into evidence under Rule 801(d)(2)(E), the government must establish that the declarant . 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. (citations omitted)); United States v. Cerna, 2011 WL 2119304, at *3 (N.D. Cal. Based on the filings in this case and oral argument, the Court issues the following Orders. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. 2014); United States v. Freeman,498 F.3d 893, 902 (9th Cir. 928 at 11. 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. 1021, 1022, 1023, 1024). <> It has to be done with law enforcement coming together throughout California.. 1959(a)(5), and conspiracy to commit assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. The 25-count indictment was returned Thursday by a grand jury that had heard testimony during the past year. 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. 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. 2007)). A at 10.) Click on the case name to see the full text of the citing case. Finally, as noted above, the statement must be in furtherance of a particular conspiracy. 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. 1959(a)(5), and assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. subject to the requirements of Federal Rule of Evidence 701," Vera, 770 F.3d at 1242; see also Gadson, 763 F.3d at 1210. See Gadson, 763 F.3d at 1210 (describing testimony about a nickname as "investigation-specific opinion testimony . at 1420 (noting evidence regarding the location of the ledgers, "entries [that] corresponded to surveilled activities," and attributions of deliveries to "a nickname associated with an established pseudonym for Gil"). 450 Golden Gate Avenue 985 at 37, Opinion Number 546.) 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.". 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. "It remains to be seen ultimately whether this prosecution was warranted, " Breyer said. Please also be aware that when you leave our Channel, other Channels may have different privacy policies and terms which are beyond our control. Also, previously, this Court excluded "opinions identifying specific individuals holding positions in Nuestra Familia . N.D. Cal. 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. Have a question about Government Services? Theres a war occurring in our communities in California, Dunbaugh said. 5dk*@WlLLOz(.CN8we3_/?:i}"(hG$ua +U4i. . Norteo gang members pledge their allegiance and loyalty to Nuestra Familia and are instructed on its rules, rituals, and obligations. ." 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. (quoting Robert R. Arreola et al., Federal Criminal Conspiracy, 34 Am.Crim.L.Rev. Andrew F. Cervantes, Defendant, represented by K. Alexandra McClure , Law Offices of Alexandra McClure. Romero also admitted to helping plan two other removals on April 29 and October 23, 2013. [a] summary of any statement the government intends to offer under F. R. Evid. 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. 2006). Id. They have rights and we cant stop communications, he said. Villanueva also conveyed to the same inmate that he wanted to "choke" Carlin. 985 at 3; Docket No. 1024 at 4 (some quotation marks omitted).) Garcia and Ramirez are in federal custody awaiting trial. 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. 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. Dunbaugh said he has no idea what effect the Nuestra Familia arrests will have on the gang. 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. 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 . Shasta County, Movant, represented by David M. Yorton , Attorney at Law. (quoting United States v. Hermanek,289 F.3d 1076, 1093 (9th Cir. 1045 at 5.) 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 . Scores of other members and associates have pleaded guilty to charges arising from the investigation. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. 985.) 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. Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. Magdaleno admitted that after he disposed of the shank, he joined the other bombers in beating the victim. HENRY CERVANTES, et al., Defendants. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/StructParents 0>> Sanchez is living at the home with Peggy and is in a relationship with her daughter Coco. People v. Prunty Supreme Court of California. 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). ; Docket No. exclude any statement that does not meet the requirements of the rule." Share sensitive information only on official, secure websites. A locked padlock 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. 1994)); see also id. Villanueva is a high ranking member of the Nuestra Familia prison gang who is currently housed in Florence ADX. . 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 However, the Court also recognizes that the conspiracy alleged is much broader than the defendants would like to admit. United States v. Bridgeforth,441 F.3d 864, 869 (9th Cir. 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. 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.. "(But) it appears to the court at this point that this disposition (of the cases) makes sense -- and that, in fact, it is the only disposition that would have made sense, given the situation.". The crimes listed in last weeks indictment were planned and carried out primarily by prisoners in the toughest section of Pelican Bay. 783, 831, 832, 833, 846), and motions in limine filed by Andrew Cervantes ("A. Cervantes") (Docket Nos. 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." 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. 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. The following additional defendants have pleaded guilty to crimes as part of the criminal Enterprise and have been sentenced or are scheduled to be sentenced in the case: Assistant U.S. (quoting Arreola, 34 Am. 1045 at 4.). . San Jose: (408) 535-5061. (Docket No. Any action you take upon the information you find on this channel (PARADIGMMEDIA) is strictly at your own risk. 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. (See Docket No. 801(d)(2)(E). See Vera, 770 F.3d at 1241. Listed below are those cases in which this Featured Case is cited. 2015) (citing Mouzin in the context of purported Rule 801(d)(2)(E) statements made by "unidentified telemarketers"). (See Docket No. 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. . . United States v. Garcia,497 F.3d 964, 967 n.1 (9th Cir. 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. 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. In this specific call, Villanueva discusses problems that Peggy has been having with a fellow NF member by the name of Saragoza Capone Sanchez. 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. 985 at 37, Opinion Number 553.) 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. 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.. Each admitted to having participated in at least two homicides as part of his guilty plea. 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. 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. See Garcia, 497 F.3d at 967 & n.1; United States v. Cruz-Ramirez, 2011 WL 5599630, at *5 (N.D. Cal. Theyre very creative.. Peggy attempts to instigate this conflict for her own personal reasons but Villanueva seems to recognize this. 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. 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. 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. Williams, 2016 WL 899145, at *6 ("To the extent that they are relevant and not unduly prejudicial, Sgt. United States v. Mouzin,785 F.2d 682, 692 (9th Cir. 2008). Any use of information, images and other copyrighted material from this channel without permission from PARADIGMMEDIA.com will be followed up and reported. 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. Sponsored Content. 2002)); see also United States v. Williams, 2016 WL 899145, at *8 (N.D. Cal. Your financial contribution supports our efforts to deliver quality, locally relevant journalism. Swipe is only available in chrome dev tools mobile mode. Retirement Communities in the Palm Springs Area | 55+, 'We Aren't Joking. 2006) (footnote omitted); see United States v. Gil,58 F.3d 1414, 1420 (9th Cir. [T]he evidence supported the finding that [the San Bruno ledger] was a statement made or adopted by Gil." To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com. 3553. 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. 1024 at 8. endobj 928 at 8-11; United States v. Gadson,763 F.3d 1189, 1210 (9th Cir. Official websites use .gov 1962(d). Rudy Del Real and Rudolfo Quilon complete the order. There are mature, veteran gang members directing street gangs throughout California to conduct their crimes.. . Accordingly, the Court declines to address the merits of the parties' arguments with regard to whether the evidence at issue in these motions would be admissible outside the government's case in chief as premature. Henry Cervantes, Vidal Fabela, David Rocha and Diana Vasquez were arrested at several locations across Northern California on Friday, Dunbaugh said. 702; see Docket No. On their face, most of the opinions do not appear to constitute "commonly used" slang. knowingly participated in a conspiracy." Decoud, 456 F.3d at 1014 n.6. (Docket No. 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. The Court may do so within the confines of the time afforded for trial and outside the presence of the jury. 831 at 3.) Villanueva was immediately jailed and charged with Barrasa's murder. 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. '$I6ysphgH0y2&r.B9td?y?86bpDC78v:7xuz0S,}2]x(x/QNWt&{jE% 3\= Qh.%9B.N@>aj@U4yz 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 Villanueva and a female associate by the name of Peggy. Parry said its impossible to monitor every single letter, phone call and visit of every single inmate. 1962(d). Eventually, the FBI, U.S. Department of Justice and other state and local law enforcement agencies combined forces. 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. (Id. Feeney also translates the words, "Take care of her things to do list for the summer," to mean "Hit (kill) Demon." Judge Freeman scheduled the sentencing hearing for Cervantes for May 19, 2020; and the sentencing hearings for Magdaleno and Romero for June 23, 2020. Fed. This portion of the motion is GRANTED as to the government's case-in-chief. The Court next addresses the specific arguments regarding the exclusion of the home address associated with Karen Bauer. Under current Ninth Circuit law, the Court would need to evaluate the remaining opinions under Rule 701. 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.") "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. . (Id. Show more. 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." 1959(a)(3). . 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. 2014); United States v. Vera,770 F.3d 1232, 1241 (9th Cir. 985, Opinion 320 ("Karen Bauer is intermediary for letters t/from Cervantes and Villanueva. 1070 at 3 n.1.) 928 at 15.) See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. No claims to the accuracy of this information are made. 1995). (quoting United States v. Benson,941 F.2d 598, 605 (7th Cir. 2013, defendant Carlos Cervantes, aka "Lil Huero" and "Doug," stabbed and slashed the victim's head . Id. Romero was also charged with attempted murder in aid of racketeering, in violation of 18 U.S.C. with id. R. Evid. 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. [that adds `e' or `ez' to words.]." 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. Crim. Cf. (PARADIGMMEDIA) Unplugged, does not make any warranties about the completeness, reliability and accuracy of this information. Bridgeforth, 441 F.3d at 869.2. 3 0 obj SAN FRANCISCO / 8 plead guilty to charges of racketeering / 7-year investigation of Nuestra Familia prison gang ends, Restaurant chain slated to close site at Bay Area mall, Graupel falls on Disneyland, shocks guests, Grapevine closed indefinitely due to heavy snow and ice, Plan to bring bullet train from LA to Vegas is underway, What it looks like inside Coit Towers former apartment, Horoscope for Thursday, 3/02/23 by Christopher Renstrom, Hundreds of thousands of workers have abandoned downtown SF, Avalanche slams into Tahoe apartment building amid blizzard, Tahoe's snowfall totals are on track to break records, One of the largest movie theaters in SF to close permanently, Popular yet divisive fast food chain coming to this Bay Area town, 'Zero visibility' conditions: All roads to Tahoe are closed. "`[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.'" 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." 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. A .gov website belongs to an official government organization in the United States. Marshal Hold. 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. The government's updated filing proffers five hundred seventy-six "coding" opinions. Id. (footnote omitted)); id. R. EVID. (People v. Prunty (2015) 62 Cal.4th 59, 71 .) . This was seven weeks before the first witness. . These are proper subjects for lay opinion testimony, see FED. Federal Courthouse "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.". Id. . This proffered translation falls squarely within the rubric of one constituting "lay opinions about the meaning of intercepted phone calls, . 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.
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