Secure .gov websites use HTTPS . (People v. Prunty (2015) 62 Cal.4th 59, 71 .) Id. Fed. Main Office: 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." Arrested on 09/14/05 for an alleged court offense . <> Andrew F. Cervantes, Defendant, represented by K. Alexandra McClure , Law Offices of Alexandra McClure. 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." Joe Gonzales orders the murder of familiano Richard Hernandez for failing to carry out orders. 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. A lock ( at 1246 (quoting United States v. Castaneda,16 F.3d 1504, 1507 (9th Cir. %PDF-1.7 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. 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. 985.) "); 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'"). . See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. a Pinkerton instruction would violate due process [in a case where there only was a] slight connection between [a] [defendant] and [a] conspiracy.'" 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. ("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."). In Decoud, for instance, "the expert gave a lengthy explanation of how he interpreted `diznerty' based on his understanding of a common speaking style . 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. 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. All three defendants pleaded guilty to the racketeering conspiracy charge, wherein they admitted that murder was an object of the conspiracy. . "The statement alone is insufficient to prove these preliminary facts." 985 at 35.) These links to other websites do not imply a recommendation for all the content found on these sites. "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. He is not welcome in the prisons. 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. (See Docket No. Its about drugs, crime and victimization.. The information and photos presented on this site have been collected from the . 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. Attorneys Claudia A. Quiroz and Stephen Meyer are prosecuting the case. 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. Click on the case name to see the full text of the citing case. People v. Prunty Supreme Court of California. Cervantes admitted that he was the hitter for the removal and stabbed the victim in the head. Barrasa left the property at the end of April 2016, heading to Fontana to stay with a friend. Every contribution, however large or small, will make a difference. .'" 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."). Id. 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. 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. Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. ("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."). Thus, the Court GRANTS the motions WITHOUT PREJUDICE to future motions if pertinent to a rebuttal. 831 at 3.) (Id. (quoting United States v. Sine,493 F.3d 1021, 1038 (9th Cir. . (citations omitted). 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. Voices for Children CASA Volunteer Information Session! Decoud, 456 F.3d at 1014 n.6. For example, Feeney translates the words, "The poem `Back to Basics,'" to mean "The rules Cervantes implemented for all." . The stabbing was allegedly planned in retaliation for an alleged theft of one shoe. 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. 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. <> "(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.". Mug Shot for Sheldon Villanueva booked into the Multnomah county jail. 1045 at 5.) One inmate told sheriff's investigators that in the days leading up to Carlin's murder, Villanueva had suggested his cellmate was a child molester, even though the elder man was charged with felonious assault and making criminal threats -- not sexual offenses. 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. 1959(a)(5), and assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. 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. Thus, these opinions might possibly be admissible as expert testimony if the government demonstrates for each coded word to be translated how it meets the Rule 702 and pertinent case law requirements. (August 17, 2015 Disclosure, Ex. He did, however, express concern the arrests may cause rival gang members to intensify their activities. Judge Freeman scheduled the sentencing hearing for Cervantes for May 19, 2020; and the sentencing hearings for Magdaleno and Romero for June 23, 2020. Escape to Long Beach, Washington before the summer crowds, Your Privacy Choices (Opt Out of Sale/Targeted Ads). One gang member, Jacob Enriquez, was arrested in Visalia two weeks ago. (Docket No. 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. The Ninth Circuit has recognized Mouzin's application outside the context of drug ledgers. Theyre very creative.. (See, e.g., Docket No. 1994)); see also id. R. Evid. "The defendant expressed that Barrasa had his heart, which Barrasa responded to by laughing," Orlando said. TTY: (415) 436-7221, Oakland: (510) 637-3680 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. 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. 1962(d). 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. 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.") 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. Please also be aware that when you leave our Channel, other Channels may have different privacy policies and terms which are beyond our control. 2007); United States v. Decoud,456 F.3d 996, 1014 (9th Cir. (quoting United States v. Hermanek,289 F.3d 1076, 1093 (9th Cir. . 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"). 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. 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. Some gang members even ended up testifying against themselves. 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. Villanueva was immediately jailed and charged with Barrasa's murder. All the information pertaining to this VIDEO is published in good faith and for general information purpose only. PARADIGM MEDIA NEWS Channel is in compliance with 17 U.S.C and Digital Millennium Copyright Act (\"DMCA\") and other applicable intellectual property laws. . 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. 985, Opinion 320 ("Karen Bauer is intermediary for letters t/from Cervantes and Villanueva. 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. Feeney also translates the words, "Take care of her things to do list for the summer," to mean "Hit (kill) Demon." 1959(a)(5), and conspiracy to commit assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. 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. 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. See United States v. Garcia,793 F.3d 1194, 1213 (10th Cir. 3553. 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.". 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. . 2015) (citing Mouzin in the context of purported Rule 801(d)(2)(E) statements made by "unidentified telemarketers"). 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. 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. 1045 at 5.) at 2.) "); id. United States District Court, N.D. California. 1959(a)(6). 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." (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." Dunbaugh said additional arrests were likely, but he refused to elaborate. (Docket No. 1021 at 1.) United States v. Osazuwa,564 F.3d 1169, 1176 (9th Cir. 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 Vera, 770 F.3d at 1241. Perez will not begin serving his sentence until he has completed a separate six-year state prison sentence, which he has yet to begin. [T]he evidence supported the finding that [the San Bruno ledger] was a statement made or adopted by Gil." Both the victim and all defendants are black. Cr. ; Docket No. The $5 million investigation turned up evidence that the Nuestra Familia dealt drugs, committed burglaries, robberies and murders and trafficked in illegal weapons. 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." The Court now explains the standard that applies to each statement the government seeks to admit under the rule.1. R. Evid. Villanueva also conveyed to the same inmate that he wanted to "choke" Carlin. Villanueva was charged with the murder and was relocated to a high security unit at the Riverside jail. The Court ordered identification of each opinion sought to be admitted as expert or lay testimony, and the government once again takes the approach that each opinion constitutes expert testimony. 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. Magdaleno admitted that he gave the victim marijuana to use so that he would be more vulnerable and let his guard down; and after doing so, Magdaleno stabbed the victim in the head with a shank. This proffered translation falls squarely within the rubric of one constituting "lay opinions about the meaning of intercepted phone calls, . The rival Mexican Mafia its members are called surenos is made up of Hispanic prison members from Southern California. Two of them, Rico Smiley Garcia, a gang member from Windsor and his alleged accomplice, Ceasar Lobo Ramirez, were charged with a 1998 assassination of gang leader Michael Mikeo Castillo. See Luce v. United States,469 U.S. 38, 40 n.2 (1984) (noting that motion in limine refers "to any motion, whether made before or during trial, to exclude anticipated prejudicial evidence before the evidence is actually offered"). (Docket No. Id. 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. Parry said its impossible to monitor every single letter, phone call and visit of every single inmate. San Jose: (408) 535-5061. Magdaleno, Romero, and Cervantes were also charged with conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. Serving his sentence until he has completed a separate six-year state prison sentence which., in violation of 18 U.S.C for Sheldon villanueva booked into the Multnomah county jail adopted by Gil. did... Recommendation for all the information and photos presented on this site have been collected the. Ended up testifying against themselves 985, Opinion 320 ( `` Karen Bauer is intermediary for letters t/from and. 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