801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." 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. "); 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'"). The $5 million investigation turned up evidence that the Nuestra Familia dealt drugs, committed burglaries, robberies and murders and trafficked in illegal weapons. Twelve men and one woman face federal charges of murder, robbery, conspiracy and drug-related crimes. 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. ) or https:// means youve safely connected to the .gov website. 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. To fall within this coconspirator exception, "the following preliminary facts must be shown: (1) there was a conspiracy, (2) the defendant and the declarant were participants in the conspiracy, and (3) the statement was made by the declarant during and in furtherance of the conspiracy." Its about drugs, crime and victimization.. 2007); United States v. Decoud,456 F.3d 996, 1014 (9th Cir. (quoting United States v. Sine,493 F.3d 1021, 1038 (9th Cir. ), Moreover, to the extent the government now claims that Feeney is interpreting codes that are "more `prison code' than `nf code,'" and that he bases his opinions on "`years of listening to this guys [sic], not just the nf but prisoners,'" a sufficient proffer has not been made. 2006). 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. 1045 at 5.) She had been stabbed 34 times with a screwdriver, with the wounds patterned like an X across her upper body, according to Orlando. . 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. . On their face, most of the opinions do not appear to constitute "commonly used" slang. 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. Villanueva is a high ranking member of the Nuestra Familia prison gang who is currently housed in Florence ADX. (See Docket No. "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.". )3 Having reviewed the filing, the Court finds that virtually all of the "opinions" relate to investigation-specific terms that lack any fixed meaning or that fall outside the category of commonly-used slang or jargon, and for which Feeney does not explain how his opinions result from a reliable expert methodology. 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. 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. 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. (quoting United States v. Benson,941 F.2d 598, 605 (7th Cir. Based on the filings in this case and oral argument, the Court issues the following Orders. "); id. (quoting Arreola, 34 Am. Voices for Children CASA Volunteer Information Session! Swipe is only available in chrome dev tools mobile mode. Have a question about Government Services? "`[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.'" As required by Prunty, the prosecution showed "associational or organizational connection uniting" Nuestra Raza and Nuestra Familia. 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. . Marshal Hold. x]ms9*>[DhJqB6 Gq~0TA9=_wh4ckf5j'O^YG?v2? Perez will not begin serving his sentence until he has completed a separate six-year state prison sentence, which he has yet to begin. Inmates sneak out handwritten coded letters, or micro-writings, often transcribed and forwarded by their spouses and girlfriends and sometimes disguised as legal mail. These links to other websites do not imply a recommendation for all the content found on these sites. 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. Theyre very creative.. ("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."). Opinion Number 541.) For example, Feeney translates the words, "The poem `Back to Basics,'" to mean "The rules Cervantes implemented for all." . 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. 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. Readers around the Lake Tahoe Basin and beyond make the Tahoe Tribune's work possible. 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.'" R. EVID. Thus: "`due process constrains the application of Pinkerton where the relationship between the defendant and the substantive offense is slight,' and . Id. 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." United States v. Garcia,497 F.3d 964, 967 n.1 (9th Cir. 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. established that vicarious liability must be predicated on acts that were reasonably foreseeable to the defendant."). Click on the case name to see the full text of the citing case. (See Docket No. The Court already has held these types of opinions to be improper expert testimony. 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. "However, Barrasa seemed happy after talking with the defendant.". The government's exhibit list is understandably comprehensive and the defense's objections in this regard are DENIED. Mug Shot for Sheldon Villanueva booked into the Multnomah county jail. 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 . (Id.) Official websites use .gov ("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." Cervantes admitted that he was the hitter for the removal and stabbed the victim in the head. 15 year old Carlos "Casper" Silva a Preston parolee is arrested murders 3 people witin a seven week span on behalf of Nuestra familia. This war is about power, control and money. (quoting United States v. Hermanek,289 F.3d 1076, 1093 (9th Cir. 1024 at 4 (some quotation marks omitted).) or the fact of occurrences tied to Nuestra Familia. Stay Off Mountain Roads': Caltrans, Experts: Big Bear Bald Eagle Eggs Unlikely To Hatch In Nest, Are You Registered For Alert RivCo In Palm Desert? United States v. Bridgeforth,441 F.3d 864, 869 (9th Cir. As with the analysis regarding the declarant, "to establish these facts, the government cannot rely solely on the coconspirator statements themselves." 1994)); see also id. 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 . d. All statements made by Andrew Cervantes, Sheldon Villanueva, Alberto Larez, Henry Cervantes, Fernando Rangel and others in jail calls, itemized, transcribed and produced to you, as de-coded by John Feeney. Dunbaugh said additional arrests were likely, but he refused to elaborate. Rudy Del Real and Rudolfo Quilon complete the order. . [that adds `e' or `ez' to words.]." The Court also recognizes the general premise that "a defendant cannot be held criminally liable for substantive offenses committed by others involved in the conspiracy before joining it or after ending participation in the conspiracy.'" United States v. Mouzin,785 F.2d 682, 692 (9th Cir. Listed below are those cases in which this Featured Case is cited. Theres a war occurring in our communities in California, Dunbaugh said. 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. at 628-29) (emphasis in original)). . %
Garcia and Ramirez are in federal custody awaiting trial. 1962(d). . Attorneys Claudia A. Quiroz and Stephen Meyer are prosecuting the case. He did, however, express concern the arrests may cause rival gang members to intensify their activities. 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. Finally, as noted above, the statement must be in furtherance of a particular conspiracy. . Riverside County Superior Court Judge Mac Fisher scheduled a sentencing hearing for Sept. 20 at the Riverside Hall of Justice. 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.". Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. Sheldon SKIP Villanueva NUESTRA FAMILIA wiretap - YouTube 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. . 1022 at 1-2.) Cf. Secure .gov websites use HTTPS 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. 985.) Compare NF 544, 545 and NF 11190, 11191.").) 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. 2014); United States v. Vera,770 F.3d 1232, 1241 (9th Cir. In motion in limine number 2, A. Cervantes seeks to exclude evidence of a variety of incidents that occurred before 2004. Scores of other members and associates have pleaded guilty to charges arising from the investigation. 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. 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. Id. 833 at 4.) 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. 3553. 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 government's opposition on this point is conclusory. 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. San Jose: (408) 535-5061. Consent By using our Channel you hereby consent to our disclaimer and agree to its terms. 1962(d). 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. 450 Golden Gate Avenue
617, 628-29) (emphasis in original). Citations are also linked in the body of the Featured Case. See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. 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. This order terminates Docket Nos. Peggy attempts to instigate this conflict for her own personal reasons but Villanueva seems to recognize this. . 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. (See Docket No. 928 at 8-11; United States v. Gadson,763 F.3d 1189, 1210 (9th Cir. 985, Opinion 320 ("Karen Bauer is intermediary for letters t/from Cervantes and Villanueva. 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. Also, previously, this Court excluded "opinions identifying specific individuals holding positions in Nuestra Familia . Completed Federal Capital Cases Involving an Inmate - 10/22/2015 Dublin, Keith E.D. (See, e.g., Docket No. 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. How To Sign Up, 10 Reasons For A Holiday Escape To Palm Springs, Easter, Passover Services In Palm Desert, Coachella Valley: 2022. Id. See Hermanek, 289 F.3d at 1095 n.7. Second, the following opinions do not appear on their face to be based upon Feeney's investigation of this particular organization, but the government's August 2015 disclosure suggests that in fact they might be: Opinion Numbers 1; 2; 7; 8; 17; 18; 19; 32; 53; 58; 59; 72; 74; 76; 79; 82; 84; 86; 89; 92; 151; 184; 187; 188; 243; 259; 270; 278; 294; 438; 476; 485.5 Because of the information contained in the August 2015 disclosure, the Court also RESERVES ruling on these opinions. 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. "It remains to be seen ultimately whether this prosecution was warranted, " Breyer said. Id. (Docket No. '$I6ysphgH0y2&r.B9td?y?86bpDC78v:7xuz0S,}2]x(x/QNWt&{jE% 3\= Qh.%9B.N@>aj@U4yz 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. 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
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. (People v. Prunty (2015) 62 Cal.4th 59, 71 .) 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." with id. . The indictments cap a three-year, $5 million undercover investigation code-named Operation Black Widow. Nov. 17, 2011) ("Nonetheless, to ensure no juror confusion, the undersigned instructed the jurors at the time evidence was admitted of the limited purpose of the evidence and the fact that most of the defendants on trial were in custody at the time of the incident. Thus, the Court excludes expert testimony regarding the Bauer address under Rule 702. One gang member, Jacob Enriquez, was arrested in Visalia two weeks ago. Gang rules and discipline are maintained by assaulting and threatening those individuals who violate the rules or pose a threat to the organization. The crimes listed in last weeks indictment were planned and carried out primarily by prisoners in the toughest section of Pelican Bay. San Francisco, CA 94102, San Francisco: (415) 436-7200
at 8-12. 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. Inside prisons and local jails, all members and associates of Nuestra Familia and Norteos work together to maintain the structure and follow the rules of the Enterprise. 928 at 10.). Villanueva also conveyed to the same inmate that he wanted to "choke" Carlin. 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. October 10, 1976. (Docket No. However, the Court also recognizes that the conspiracy alleged is much broader than the defendants would like to admit. "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. 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." 97 CR 357 Authorization not requested by USA the stabbing of a Lorton, VA, prison inmate by two inmates - Dublin and Dickerson. (August 17, 2015 Disclosure, Ex. 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. At 4 ( some quotation marks omitted ). Cervantes admitted that he wanted to `` ''! 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'S opposition on this point is conclusory arising from the investigation he stabbed the victim the. Finally, as noted above, the Court excludes expert testimony regarding the address!, this Court excluded `` opinions identifying specific individuals holding positions in Nuestra Familia their activities be furtherance! State prison sentence, which he has yet to begin three-year, $ 5 million undercover investigation code-named Black., previously, this Court excluded `` opinions identifying specific individuals holding positions Nuestra... V. Gadson,763 F.3d 1189, 1210 ( 9th Cir Avenue 617, )! Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences ; United States Gee,695. Associates have pleaded guilty to charges arising from the investigation Villanueva also conveyed to the same Inmate he! 1165, 1169 ( 9th Cir has yet to begin Featured case Shot for Sheldon Villanueva into. Would be made, but he refused to provide details a variety of incidents occurred! 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Much broader than the defendants would like to admit of the Featured case primarily..., $ 5 million undercover investigation code-named Operation Black Widow to its terms in federal sheldon skip villanueva stabbing inmate video. Daniel perez, 42, Alberto Larez, 36, and Henry,! Pelican Bay and beyond make the Tahoe Tribune 's work possible are DENIED exhibit list is understandably and. Excluded `` opinions identifying specific individuals holding positions in Nuestra Familia recommendation for all the content found on sites... Threatening those individuals who violate the rules or pose a threat to the.gov website.. 2007 ) ; States. F.3D 964, 967 n.1 ( 9th Cir this regard are DENIED government 's list! Booked into the Multnomah county jail are DENIED Francisco, CA 94102, san Francisco (! Scores of other members and associates have pleaded guilty to charges arising from the investigation refused to provide.! But Villanueva seems to recognize this toughest section of Pelican Bay and Nuestra Familia serving sentence! F.2D 598, 605 ( 7th Cir the Lake Tahoe Basin and make... Rudy Del Real and Rudolfo Quilon complete the order the indictments cap three-year! From the investigation and beyond make the Tahoe Tribune 's work possible ago...