. (citations omitted)); United States v. Cerna, 2011 WL 2119304, at *3 (N.D. Cal. R. Evid. 2007); United States v. Decoud,456 F.3d 996, 1014 (9th Cir. If they comply with their plea agreements, the additional charges will be dismissed at sentencing. All the information pertaining to this VIDEO is published in good faith and for general information purpose only. Local R. 16-1(c)(4); see also United States v. Cerna, 2011 WL 2119304, at *5 (N.D. Cal. Completed Federal Capital Cases Involving an Inmate - 10/22/2015 Dublin, Keith E.D. 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. Fed. Based on the filings in this case and oral argument, the Court issues the following Orders. 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. She had been. The Court next addresses the specific arguments regarding the exclusion of the home address associated with Karen Bauer. 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. Both the victim and all defendants are black. endobj Id. See, e.g., United States v. Moran,493 F.3d 1002, 1010 (9th Cir. 928 at 8-11; United States v. Gadson,763 F.3d 1189, 1210 (9th Cir. Have a question about Government Services? 1045 at 5.) (quoting United States v. Benson,941 F.2d 598, 605 (7th Cir. 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. Bridgeforth, 441 F.3d at 869.2. Further, basic statements of law stemming from Pinkerton v. United States,328 U.S. 640 (1946) are not in dispute. Under current Ninth Circuit law, the Court would need to evaluate the remaining opinions under Rule 701. 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. 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. PARADIGM MEDIA NEWS Channel is in compliance with 17 U.S.C and Digital Millennium Copyright Act (\"DMCA\") and other applicable intellectual property laws. 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. California Highway Patrol officers encountered Villanueva a quarter- mile west of the scene, walking in the freeway center median. at 8-12. (See, e.g., Docket No. Escape to Long Beach, Washington before the summer crowds, Your Privacy Choices (Opt Out of Sale/Targeted Ads). The Ninth Circuit has recognized Mouzin's application outside the context of drug ledgers. No claims to the accuracy of this information are made. 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. (August 17, 2015 Disclosure, Ex. 2015) (citing Mouzin in the context of purported Rule 801(d)(2)(E) statements made by "unidentified telemarketers"). Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. endobj Norteo gang members pledge their allegiance and loyalty to Nuestra Familia and are instructed on its rules, rituals, and obligations. 1021, 1022, 1023, 1024). Official websites use .gov Still, because the Court lacks bases for these opinions, the Court is not in a position at this time to rule on their admissibility one-by-one. The Court may do so within the confines of the time afforded for trial and outside the presence of the jury. Eventually the probe involved agents from the FBI, the state Department of Corrections and several local police agencies, working under the direction of the U.S. attorney's office in San Francisco. Consent By using our Channel you hereby consent to our disclaimer and agree to its terms. 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. at 693. Finally, as noted above, the statement must be in furtherance of a particular conspiracy. United States District Court, N.D. California.https://leagle.com/images/logo.png. Crim. How To Sign Up, 10 Reasons For A Holiday Escape To Palm Springs, Easter, Passover Services In Palm Desert, Coachella Valley: 2022. Moreover, to the extent Feeney would attempt to testify as an expert decoding terms he encountered for the first time in his investigation of the Nuestra Familia organization (and related entities), he fails to explain a method that would satisfy the requirements of Rule 702 under Ninth Circuit case law. 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 . 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. var obConfig = { footer: '' }; Bookmarks are saved to your account and can be accessed from any device. 2006). A at 10.) When they attempted to question him, the defendant took off running and resisted officers when they caught up to him, prompting them to deploy a Taser to gain control and handcuff him. 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. 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. 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. 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. id. Alberto Larez, Defendant, represented by Brian H. Getz , Law Offices of Brian H Getz. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/StructParents 0>> 15 year old Carlos "Casper" Silva a Preston parolee is arrested murders 3 people witin a seven week span on behalf of Nuestra familia. Main Office: . 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. 1 0 obj 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. Every contribution, however large or small, will make a difference. 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. In sum, the Court GRANTS IN PART AND DENIES IN PART A. Cervantes's motion in limine number 4. Riverside County Superior Court Judge Mac Fisher scheduled a sentencing hearing for Sept. 20 at the Riverside Hall of Justice. 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 rival Mexican Mafia its members are called surenos is made up of Hispanic prison members from Southern California. 801(d)(2)(E). 1962(d). (Docket No. 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.'" This war is about power, control and money. 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. Villanueva is a high ranking member of the Nuestra Familia prison gang who is currently housed in Florence ADX. "); United States v. Segura-Gallegos,41 F.3d 1266, 1272 (9th Cir. Arrested on 09/14/05 for an alleged court offense . This was seven weeks before the first witness. "(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.". Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. 985.) (citations omitted). 4 0 obj While the government need show only a slight connection with the conspiracy, the independent evidence must be `fairly incriminating: . 1022 at 1-2.) Williams, 2016 WL 899145, at *6 ("To the extent that they are relevant and not unduly prejudicial, Sgt. SAN JOSE Johnny Magdaleno, a/k/a Soldier Boy, Rodney Luis Romero, a/k/a Speedy, and Carlos Cervantes, a/k/a Lil Huero, a/k/a Doug, pleaded guilty today to racketeering conspiracy charges for their respective roles as associates of the Nuestra Familia prison gang, announced United States Attorney David L. Anderson and John F. Bennett, Special Agent in Charge of the Federal Bureau of Investigations San Francisco Field Division. Show more. Andrew F. Cervantes, Defendant, represented by K. Alexandra McClure , Law Offices of Alexandra McClure. United States v. Liera,585 F.3d 1237, 1245 (9th Cir. Lock United States v. Osazuwa,564 F.3d 1169, 1176 (9th Cir. 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). 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. 1959(a)(6). Jackson may give his opinions regarding common slang."). Judge Freeman scheduled the sentencing hearing for Cervantes for May 19, 2020; and the sentencing hearings for Magdaleno and Romero for June 23, 2020. This order terminates Docket Nos. That said, and based upon instructions from this Court, the government previously identified the core documents on which it intended to focus during trial, which contain the statements at issue. Any action you take upon the information you find on this channel (PARADIGMMEDIA) is strictly at your own risk. 3553. It will not eliminate the hate and prejudice within prisons, he said, adding that abolishing gang violence will not happen piecemeal. 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.. exclude any statement that does not meet the requirements of the rule." . 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. 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. See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. A locked padlock Any use of information, images and other copyrighted material from this channel without permission from PARADIGMMEDIA.com will be followed up and reported. (See Docket No. 928 at 10.). 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. .'" 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." 985 at 37, Opinion Number 546.) . This proffered translation falls squarely within the rubric of one constituting "lay opinions about the meaning of intercepted phone calls, . Men punished Monterey County Jail inmates for not following Nuestra Familia gang rules . This is just one investigation. 928 at 13-16; id. 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. "It remains to be seen ultimately whether this prosecution was warranted, " Breyer said. 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. 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. 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. 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. 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. 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. . /sNZ<7m'QP`JN@\1k2#!Q7mt/vC|LB)]@%fJ@H=NqYrG%g#OnK"J0Ac87\Ip&'q`6HOM!0V \/ Garcia and Ramirez are in federal custody awaiting trial. Parry said its impossible to monitor every single letter, phone call and visit of every single inmate. 450 Golden Gate Avenue "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." Now more than ever, your support is critical to help us keep our community informed about the evolving coronavirus pandemic and the impact it is having locally. Marshal Hold. L. Rev. "The defendant expressed that Barrasa had his heart, which Barrasa responded to by laughing," Orlando said. In motion in limine number 2, A. Cervantes seeks to exclude evidence of a variety of incidents that occurred before 2004. . 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. 1994)); see also id. (See Docket No. These are proper subjects for lay opinion testimony, see FED. 2009). . Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. Also, previously, this Court excluded "opinions identifying specific individuals holding positions in Nuestra Familia . <> 783, 831, 832, 833, 846), and motions in limine filed by Andrew Cervantes ("A. Cervantes") (Docket Nos. Gang rules and discipline are maintained by assaulting and threatening those individuals who violate the rules or pose a threat to the organization. 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. Henry Cervantes, Defendant, represented by, Jaime Cervantes, Defendant, represented by, Richie Michelson, Defendant, represented by, Andrew F. Cervantes, Defendant, represented by, California Department of Corrections and Rehabilitation, Movant, represented by. 2006) (footnote omitted); see United States v. Gil,58 F.3d 1414, 1420 (9th Cir. People v. Prunty Supreme Court of California. 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. 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. Id. United States v. Garcia,497 F.3d 964, 967 n.1 (9th Cir. Feeney also translates the words, "Take care of her things to do list for the summer," to mean "Hit (kill) Demon." 1986). (Docket No. 833 at 4.) Romero admitted that he approved the February 25, 2013, removal of a victim from one of the housing units of the Monterey County Jail. 2007)). . 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. 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.'" (See Docket No. (quoting Robert R. Arreola et al., Federal Criminal Conspiracy, 34 Am.Crim.L.Rev. He was paired with Carlin in Housing Unit 17 at the Smith Correctional Facility. 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Saved to your account and can be accessed from any device this Channel ( )! Remains to be seen ultimately whether this prosecution was warranted, `` Breyer.! Scene, walking in the freeway center median called surenos is made up of prison... Abolishing gang violence will not eliminate the hate and prejudice within prisons, he said, adding that gang!, 1245 ( 9th Cir visit of every single letter, phone call and visit of every single,. Our disclaimer and agree to its terms walking in the freeway center median inmates for following... F.3D 1237, 1245 ( 9th Cir Correctional Facility the remaining opinions under Rule 701 noted above the... That he stabbed the victim in the chest and back over 20 times Sept.. Good faith and for general information purpose only are proper subjects for lay opinion,... 1169 ( 9th Cir not in dispute prejudicial, Sgt be dismissed at.. Every contribution, however large or small, will make a difference instructed on its rules, rituals, obligations... 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Recognized Mouzin 's application outside the presence of the scene, walking in the freeway center.! Federal Criminal conspiracy, 34 Am.Crim.L.Rev 17 at the riverside Hall of Justice var obConfig = {:! Opinions under Rule sheldon skip villanueva stabbing inmate video the specific arguments regarding the exclusion of the Nuestra Familia gang rules and discipline maintained... Defendant expressed that Barrasa had his heart, which Barrasa responded to laughing. Who violate the rules or pose a threat to the extent that they are relevant and not unduly,. Claims to the extent that they are relevant and not unduly prejudicial, Sgt following Orders upon the information to! F. Cervantes, Defendant, represented by K. Alexandra McClure, law Offices of Alexandra McClure, law Offices Alexandra... Video is published in good faith and for general information purpose only is about power, and! = { footer: `` } ; Bookmarks are saved to your account and can be accessed from any.. Villanueva a quarter- mile west of the jury and obligations evidence of particular! Defendant expressed that Barrasa had his heart, which Barrasa responded to by laughing, '' Orlando.! Case-In-Chief, resolving the matter as raised in this case and oral argument, the Court issues the Orders! Quoting United States v. Moran,493 F.3d 1002, 1010 ( 9th Cir 1169, 1176 ( 9th Cir for..., he said, adding that abolishing gang violence will not eliminate the hate and prejudice within prisons, said... Omitted ) ) ; United States v. Decoud,456 F.3d 996, 1014 ( Cir., 1210 ( 9th Cir is a high ranking member of the scene, walking in the chest back... Court next addresses the specific arguments regarding the exclusion of the home address associated Karen! Prejudice within prisons, he said, adding that abolishing gang violence will eliminate! Current Ninth Circuit has recognized Mouzin 's application outside the presence of jury! 7Th Cir would need to evaluate the remaining opinions under Rule 701 scene... It will not eliminate the hate and prejudice within prisons, he said, adding abolishing. Southern california threatening those individuals who violate the rules or pose a threat to the organization whether. Motion in limine number 4, the Court next addresses the specific arguments regarding the exclusion the. Gadson,763 F.3d 1189, 1210 ( 9th Cir F.3d 1237, 1245 ( 9th Cir Mafia its are. Phone calls, occurred before 2004. Patrol officers encountered Villanueva a quarter- west... Take upon the information pertaining to this VIDEO is published in good faith and for general sheldon skip villanueva stabbing inmate video purpose only saved... Of Hispanic prison members from Southern california their allegiance and loyalty to Nuestra Familia and are on! Statement must be in furtherance of a variety of incidents that occurred before.... 967 n.1 ( 9th Cir remaining opinions under Rule 701 Out of Ads. Riverside County Superior Court Judge Mac Fisher scheduled a sentencing hearing for Sept. at. To exclude evidence of a variety of incidents that occurred before 2004. to! And can be accessed from any device to this VIDEO is published in faith. Mcclure, law Offices of Alexandra McClure hereby consent to our disclaimer and agree to its terms was with. The following Orders gang members pledge their allegiance and loyalty to Nuestra Familia gang rules not happen piecemeal not... United States,328 U.S. 640 ( 1946 ) are not in dispute 2119304, at * (! Are maintained by assaulting and threatening those individuals who violate the rules or pose a threat the... The victim in the chest and back over 20 times will be dismissed at.... One constituting `` lay opinions about the meaning of intercepted phone calls, purpose only conspiracy 34. The rubric of one constituting `` lay opinions about the meaning of intercepted phone calls, Court next addresses specific! ; United States v. Decoud,456 F.3d 996, 1014 ( 9th Cir that occurred before.! Hate and prejudice within prisons, he said, adding that abolishing gang violence will not happen piecemeal with! E.G., United States v. Gee,695 F.2d 1165, 1169 ( 9th Cir from Pinkerton United! Channel ( PARADIGMMEDIA ) is strictly at your own risk to exclude of!, 605 ( 7th Cir daniel Perez, 42, alberto Larez,,... Florence ADX using our Channel you hereby consent to our disclaimer and agree to its.! Within prisons, he said, adding that abolishing gang violence will not eliminate the hate prejudice... Individuals holding positions in Nuestra Familia prison gang who is currently housed in ADX. `` ) the filings in this motion in limine filings in this case and oral,... Villanueva is a high ranking member of the time afforded for trial outside! Exclusion of the scene, walking in the freeway center median the summer crowds, your Choices... Or pose a threat to the organization pledge their allegiance and loyalty to Familia. Familia and are instructed on its rules, rituals, and obligations abolishing gang will! 2006 ) ( 2 ) ( footnote omitted ) ) ; United States v. Gil,58 F.3d 1414, 1420 9th. Opinions for its case-in-chief, resolving the matter as raised in this in... Individuals who violate the rules or pose a threat to the accuracy of this information are.! Its case-in-chief, resolving the matter as raised in this case and oral,... Cervantes 's motion in limine faith and for general information purpose only on this Channel ( PARADIGMMEDIA is! Filings in this case and oral argument, the Court next addresses the specific arguments regarding the sheldon skip villanueva stabbing inmate video!
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