Theres a war occurring in our communities in California, Dunbaugh said. In addition, the government's summary disclosures are referenced at the end of this order.i The objections based on Local Rule 16-1(c)(4) are also DENIED. Cf. Perez will not begin serving his sentence until he has completed a separate six-year state prison. Parry said Monday that changes in Corrections Department policy would be made, but he refused to provide details. Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. The Ninth Circuit has recognized Mouzin's application outside the context of drug ledgers. 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. No claims to the accuracy of this information are made. She had been. Shane Bowman, Defendant, represented by Julia Mezhinsky Jayne , Jayne Law Group, P.C.. Jaime Cervantes, Defendant, represented by Randy Sue Pollock , Attorney at Law. 1021, 1022, 1023, 1024). (Docket No. . 928 at 10.). 985 at 35.) Main Office: at 1246 (quoting United States v. Castaneda,16 F.3d 1504, 1507 (9th Cir. 15 year old Carlos "Casper" Silva a Preston parolee is arrested murders 3 people witin a seven week span on behalf of Nuestra familia. Id. 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."). 1962(d). 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. (citations omitted)); United States v. Cerna, 2011 WL 2119304, at *3 (N.D. Cal. 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. (Id. 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." In this specific call, Villanueva discusses problems that Peggy has been having with a fellow NF member by the name of Saragoza Capone Sanchez. Based on the filings in this case and oral argument, the Court issues the following Orders. ." 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. (Docket No. 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. The Enterprise consisted of members and associates of the Nuestra Familia prison gang as well as Norteo street gangs in Salinas, Calif., and the surrounding areas. . 985.) Citations are also linked in the body of the Featured Case. United States District Court, N.D. California. The stabbing was allegedly planned in retaliation for an alleged theft of one shoe. (Docket No. Id. (Docket No. 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.. Please see the exhibits to the United States' Second Expert Disclosure, which provide detailed summaries of the content of the jail calls. L. Rev. Some gang members even ended up testifying against themselves. However, the Court also recognizes that the conspiracy alleged is much broader than the defendants would like to admit. 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. 985, Opinion 320 ("Karen Bauer is intermediary for letters t/from Cervantes and Villanueva. An official website of the United States government. (See Docket No. 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. It's their reputation at stake." ." 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. Cf. Thus: "`due process constrains the application of Pinkerton where the relationship between the defendant and the substantive offense is slight,' and . 1045 at 5.) [a] summary of any statement the government intends to offer under F. R. Evid. For "cream of crop," the government's August 2015 disclosure includes the sentence: "The NF has a policy not to take people under their wing just for numbers[,] but rather quality. Santa Rosa gang investigators initially were tipped off by information received during their questioning of a Pelican Bay parolee. 832 at 1-2.) Under current Ninth Circuit law, the Court would need to evaluate the remaining opinions under Rule 701. 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. Romero was also charged with attempted murder in aid of racketeering, in violation of 18 U.S.C. He is not welcome in the prisons. knowingly participated in a conspiracy." 2007). x]ms9*>[DhJqB6 Gq~0TA9=_wh4ckf5j'O^YG?v2? 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. R. Evid. The Court next addresses the specific arguments regarding the exclusion of the home address associated with Karen Bauer. 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. The 25-count indictment was returned Thursday by a grand jury that had heard testimony during the past year. (quoting Robert R. Arreola et al., Federal Criminal Conspiracy, 34 Am.Crim.L.Rev. The eight pleaded guilty in San Francisco to charges of operating the prison gang as a racketeering enterprise. Jurors deliberated just over three days before unanimously recommending that 42-year-old Rigoberto Villanueva of Fontana receive capital punishment for the 2016 killings of Rosemary Barrasa, 37, and Tom Carlin. Magdaleno admitted that after he disposed of the shank, he joined the other bombers in beating the victim. Within a week of her leaving, Villanueva went searching for the victim and arrived in the Inland Empire on May 7. United States v. Liera,585 F.3d 1237, 1245 (9th Cir. The rival Mexican Mafia its members are called surenos is made up of Hispanic prison members from Southern California. 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. . 1959(a)(5), and conspiracy to commit assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. People v. Prunty Supreme Court of California. For example, Feeney translates the words, "The poem `Back to Basics,'" to mean "The rules Cervantes implemented for all." The Court now explains the standard that applies to each statement the government seeks to admit under the rule.1. (See, e.g., Docket No. They have rights and we cant stop communications, he said. 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. 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. 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. 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. 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 . Magdaleno also admitted that he orchestrated and participated as the hitter in the February 25, 2013, removal of a victim from the jail. Dunbaugh said additional arrests were likely, but he refused to elaborate. These are proper subjects for lay opinion testimony, see FED. (citations omitted). Romero also admitted to helping plan two other removals on April 29 and October 23, 2013. 2015) (citing Mouzin in the context of purported Rule 801(d)(2)(E) statements made by "unidentified telemarketers"). 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. 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. 985 at 37, Opinion Number 546.) 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). endobj . United States v. Garcia,497 F.3d 964, 967 n.1 (9th Cir. Bridgeforth, 441 F.3d at 869.2. 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. 702; see Docket No. 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. xAlk75~]}JOQD1hZ|0I_(,5~[,==FsL$c56 (See Docket No. 2008). 1995). 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. (Docket No. 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." Readers around the Lake Tahoe Basin and beyond make the Tahoe Tribune's work possible. The Court addressed the law relative to this issue previously. 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 HENRY CERVANTES, et al., Defendants. 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. "It remains to be seen ultimately whether this prosecution was warranted, " Breyer said. 1024 at 4 (some quotation marks omitted).) . 1959(a)(3). 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. 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. 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. Voices for Children CASA Volunteer Information Session! 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 Eventually, the FBI, U.S. Department of Justice and other state and local law enforcement agencies combined forces. Perez will not begin serving his sentence until he has completed a separate six-year state prison sentence, which he has yet to begin. var obConfig = { footer: '' }; Bookmarks are saved to your account and can be accessed from any device. Secure .gov websites use HTTPS 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. 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