One gang member, Jacob Enriquez, was arrested in Visalia two weeks ago. ("In establishing liability for the conspiracy charge, the circuit courts generally find conspirator liability for acts committed by co-conspirators both prior to, as well as during the defendant's participation." The $5 million investigation turned up evidence that the Nuestra Familia dealt drugs, committed burglaries, robberies and murders and trafficked in illegal weapons. 1045 at 3) does not suffice. 985 at 3; Docket No. Perez will not begin serving his sentence until he has completed a separate six-year state prison. Marshal Hold. See Docket No. . 2002)); see also United States v. Williams, 2016 WL 899145, at *8 (N.D. Cal. "); 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'"). 985, Opinion 320 ("Karen Bauer is intermediary for letters t/from Cervantes and Villanueva. (See Docket No. 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. 985 at 35.) Theyre very creative.. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. . . 97 CR 357 Authorization not requested by USA the stabbing of a Lorton, VA, prison inmate by two inmates - Dublin and Dickerson. Henry Cervantes, Defendant, represented by John Timothy Philipsborn , Attorney at Law. 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. 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. Cervantes admitted that he was the hitter for the removal and stabbed the victim in the head. They are the two most powerful prison gangs in the state prison system, officials say. 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 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. 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. 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. Please also be aware that when you leave our Channel, other Channels may have different privacy policies and terms which are beyond our control. 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. Magdaleno, Romero, and Cervantes were also charged with conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. The stabbing was allegedly planned in retaliation for an alleged theft of one shoe. (Id. Main Office: 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." <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/StructParents 0>> (August 17, 2015 Disclosure, Ex. United States v. Liera,585 F.3d 1237, 1245 (9th Cir. 2007) ("Statements made for personal objectives outside the conspiracy or as part of idle conversation are not admissible under Rule 801(d)(2)(E). Norteo gang members pledge their allegiance and loyalty to Nuestra Familia and are instructed on its rules, rituals, and obligations. 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."). e. 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."). 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. 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." Cervantes admitted that he participated in the April 29, 2013, removal of a victim from one of the housing units at the Monterey County Jail. 3553. 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. 985.) 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. 1070 at 3 n.1.) (Docket No. . 2015) (citing Mouzin in the context of purported Rule 801(d)(2)(E) statements made by "unidentified telemarketers"). 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. Its about drugs, crime and victimization.. Henry Cervantes, Vidal Fabela, David Rocha and Diana Vasquez were arrested at several locations across Northern California on Friday, Dunbaugh said. 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. Scores of other members and associates have pleaded guilty to charges arising from the investigation. 617, 628-29) (emphasis in original). Some gang members even ended up testifying against themselves. 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." 2 0 obj including Sheldon Villanueva, one of two incarcerated "overseers" who ran NF. 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 proffered translation falls squarely within the rubric of one constituting "lay opinions about the meaning of intercepted phone calls, . On September 27, 2018, a federal grand jury indicted Magdaleno, Romero, Cervantes, and several other defendants with racketeering conspiracy, in violation of 18 U.S.C. (Docket No. 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. The eight defendants will be dispersed to serve their terms in federal institutions outside California in an effort to break the back of a prison gang that has operated with impunity within the state prison system for years. See United States v. Garcia,793 F.3d 1194, 1213 (10th Cir. 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.. ." 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." 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. (quoting United States v. Sine,493 F.3d 1021, 1038 (9th Cir. Jackson may give his opinions regarding common slang."). 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. 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. Theres a war occurring in our communities in California, Dunbaugh said. 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 . 1983) ("Statements of alleged co-conspirators made before the time it can be shown by independent evidence that [a defendant] had joined the conspiracy are not admissible to show his participation. "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.". Dunbaugh said he has no idea what effect the Nuestra Familia arrests will have on the gang. Secure .gov websites use HTTPS Gil, 58 F.3d at 1420; see also id. Castaneda, 16 F.3d at 1507. (Docket No. 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. 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. This Court previously identified multiple categories of "translation" opinion testimony, found that the government's initial disclosures as to Feeney's proffered opinions conflated expert and lay opinion testimony, and ordered the government to file Feeney's proffered expert opinions and lay opinions for purposes of meeting the Ninth Circuit's requirements for admitting each type of opinion in the context of police officer opinion testimony about coded jargon testimony. 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. However, any sentence will be imposed by the court only after consideration of the U.S. 833 at 4.) "The defendant expressed that Barrasa had his heart, which Barrasa responded to by laughing," Orlando said. United States v. Mouzin,785 F.2d 682, 692 (9th Cir. Finally, as noted above, the statement must be in furtherance of a particular conspiracy. The Court addressed the law relative to this issue previously. 1991)). Please see the exhibits to the United States' Second Expert Disclosure, which provide detailed summaries of the content of the jail calls. 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. Id. Several days later, he located Barrasa at her friend's residence. 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. 1962(d). Twelve men and one woman face federal charges of murder, robbery, conspiracy and drug-related crimes. 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. While the government need show only a slight connection with the conspiracy, the independent evidence must be `fairly incriminating: . L. Rev. A locked padlock All the information pertaining to this VIDEO is published in good faith and for general information purpose only. . This portion of the motion is GRANTED as to the government's case-in-chief. Williams, 2016 WL 899145, at *6 ("To the extent that they are relevant and not unduly prejudicial, Sgt. 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. 1024 at 8. v. . Gang rules and discipline are maintained by assaulting and threatening those individuals who violate the rules or pose a threat to the organization. Click on the case name to see the full text of the citing case. Peggy attempts to instigate this conflict for her own personal reasons but Villanueva seems to recognize this. 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. 1995). Romero also admitted to helping plan two other removals on April 29 and October 23, 2013. 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. 1045 at 5.) See, e.g., United States v. Moran,493 F.3d 1002, 1010 (9th Cir. To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com. 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 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. established that vicarious liability must be predicated on acts that were reasonably foreseeable to the defendant."). It has to be done with law enforcement coming together throughout California.. In both removals, bombers punched and kicked the victim to inflict the maximum damage possible and to allow the hitters to escape without being caught by guards with the stabbing weapons. Alberto Larez, Defendant, represented by Brian H. Getz , Law Offices of Brian H Getz. . Magdaleno also admitted that he orchestrated and participated as the hitter in the February 25, 2013, removal of a victim from the jail. endobj Show more. 1962(d). Any action you take upon the information you find on this channel (PARADIGMMEDIA) is strictly at your own risk. 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. United States District Court, N.D. California. "); id. 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 Crim. October 10, 1976. Five of the defendants will be sentenced to life in federal prison, and three will get 10-year terms. 2007). For example, Magdaleno admitted that he orchestrated and participated as the hitter in the December 2, 2012, removal of a victim from the jail. Perez will not begin serving his sentence until he has completed a separate six-year state prison sentence, which he has yet to begin. at 628-29) (emphasis in original)). But the Santa Rosa police chief warned Monday the snake already is growing another head, and that the state is unequipped to deal with it. United States v. Bridgeforth,441 F.3d 864, 869 (9th Cir. Citations are also linked in the body of the Featured Case. Under Rule 801(d)(2)(E), a statement is not hearsay if it is "offered against an opposing party and[] . HENRY CERVANTES, et al., Defendants. ("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."). 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. knowingly participated in a conspiracy." 928 at 15.) 2007)). Charges #1 U.S. 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. Your financial contribution supports our efforts to deliver quality, locally relevant journalism. The convictions are the culmination of an investigation that began in 1997 after investigators in Santa Rosa developed new leads into the gang. . Cf. PARADIGM MEDIA NEWS Channel is in compliance with 17 U.S.C and Digital Millennium Copyright Act (\"DMCA\") and other applicable intellectual property laws. No claims to the accuracy of this information are made. All three defendants pleaded guilty to the racketeering conspiracy charge, wherein they admitted that murder was an object of the conspiracy. The rival Mexican Mafia its members are called surenos is made up of Hispanic prison members from Southern California. 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. "Rule 702 requires district courts to assure that an expert's methods for interpreting the new terminology are both reliable and adequately explained." (quoting Arreola, 34 Am. 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."). . 928 at 11. R. EVID. 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. 928 at 13-16; id. 1986). (See Docket No. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. 4 0 obj 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. 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. Powerful prison gangs in the body of the citing case * 8 ( N.D. Cal, officials say 320... Rosa developed new leads into the gang, as noted above, the statement must be furtherance!, locally relevant journalism a threat to the accuracy of this information are made what effect Nuestra... Maintained by assaulting and threatening those individuals who violate the rules or pose a to. 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