Cf. 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. 1994) (citing Gee to distinguish between impermissible admission of coconspirator statements to show a defendant's participation in a conspiracy and admission of such statements for separate purposes). (See Docket No. To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com. 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. 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."). 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. ), 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. Lock 2009). He did, however, express concern the arrests may cause rival gang members to intensify their activities. 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. 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.". . 1070 at 3 n.1.) 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. 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. 2007)). 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. The crimes listed in last weeks indictment were planned and carried out primarily by prisoners in the toughest section of Pelican Bay. v. They have rights and we cant stop communications, he said. at 8-12. PARADIGM NEWS MEDIA has obtained dozens of other phone calls by some of the other high ranking NF leaders in ADX and these exclusive phone calls will be forthcoming in the near future. Retirement Communities in the Palm Springs Area | 55+, 'We Aren't Joking. 783, 831, 832, 833, 846), and motions in limine filed by Andrew Cervantes ("A. Cervantes") (Docket Nos. See Garcia, 497 F.3d at 967 & n.1; United States v. Cruz-Ramirez, 2011 WL 5599630, at *5 (N.D. Cal. Men punished Monterey County Jail inmates for not following Nuestra Familia gang rules . Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. 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. Under current Ninth Circuit law, the Court would need to evaluate the remaining opinions under Rule 701. (Docket No. No claims to the accuracy of this information are made. (citations omitted)); United States v. Cerna, 2011 WL 2119304, at *3 (N.D. Cal. (Docket No. All six lived in the Secure Housing Unit, a prison within a prison at Pelican Bay, and all were eligible for parole. Villanueva was charged with the murder and was relocated to a high security unit at the Riverside jail. Click on the case name to see the full text of the citing case. 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." 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. Cervantes admitted that he was the hitter for the removal and stabbed the victim in the head. A locked padlock 2013, defendant Carlos Cervantes, aka "Lil Huero" and "Doug," stabbed and slashed the victim's head . Secure .gov websites use HTTPS 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. . 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. 2 0 obj Eventually, the FBI, U.S. Department of Justice and other state and local law enforcement agencies combined forces. (See Docket No. . xAlk75~]}JOQD1hZ|0I_(,5~[,==FsL$c56 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. 831 at 3.) (See Docket No. Mug Shot for Sheldon Villanueva booked into the Multnomah county jail. Theyre very creative.. 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 . 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. 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. . In their plea agreements, Magdaleno, Romero, and Cervantes admit to participating in the distribution of narcotics to other inmates at Monterey County Jail. Id. All three defendants pleaded guilty to the racketeering conspiracy charge, wherein they admitted that murder was an object of the conspiracy. In this specific call, Villanueva discusses problems that Peggy has been having with a fellow NF member by the name of Saragoza Capone Sanchez. . 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. 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. [that adds `e' or `ez' to words.]." 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. endobj . Any action you take upon the information you find on this channel (PARADIGMMEDIA) is strictly at your own risk. 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. Joe Gonzales orders the murder of familiano Richard Hernandez for failing to carry out orders. 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. 617, 628-29) (emphasis in original). United States District Court, N.D. California.https://leagle.com/images/logo.png. . 1959(a)(6). 97 CR 357 Authorization not requested by USA the stabbing of a Lorton, VA, prison inmate by two inmates - Dublin and Dickerson. 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. 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." or the fact of occurrences tied to Nuestra Familia. See, e.g., United States v. Moran,493 F.3d 1002, 1010 (9th Cir. 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. In addition, "[t]o establish that the declarant knowingly participated in a conspiracy, `the government cannot rely solely on the [alleged] co-conspirator statements themselves.'" A .gov website belongs to an official government organization in the United States. The government's updated filing proffers five hundred seventy-six "coding" opinions. "However, Barrasa seemed happy after talking with the defendant.". All the information pertaining to this VIDEO is published in good faith and for general information purpose only. 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." 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. <> 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." 1024 at 8. Richie Michelson, Defendant, represented by Jeffry Mitchell Glenn , Berman & Glenn. with id. "); 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'"). . Williams, 2016 WL 899145, at *6 ("To the extent that they are relevant and not unduly prejudicial, Sgt. ." 985 at 3; Docket No. "The defendant expressed that Barrasa had his heart, which Barrasa responded to by laughing," Orlando said. Arrested on 09/14/05 for an alleged court offense . Feeney also translates the words, "Take care of her things to do list for the summer," to mean "Hit (kill) Demon." Romero admitted that he approved the February 25, 2013, removal of a victim from one of the housing units of the Monterey County Jail. 832 at 1-2.) 928 at 10.). 1962(d). (quoting Robert R. Arreola et al., Federal Criminal Conspiracy, 34 Am.Crim.L.Rev. (Id. San Francisco, CA 94102, San Francisco: (415) 436-7200 knowingly participated in a conspiracy." HENRY CERVANTES, et al., Defendants. subject to the requirements of Federal Rule of Evidence 701," Vera, 770 F.3d at 1242; see also Gadson, 763 F.3d at 1210. Id. 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. Pursuant to the terms of their plea agreements, Magdaleno has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of 30 years to run concurrently with sentences imposed in connection with a number of state court convictions; Romero has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of 18 years; and Cervantes has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of 10 years. This order terminates Docket Nos. Castaneda, 16 F.3d at 1507. R. EVID. 1063 at 1; Docket No. 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. Fed. Henry Cervantes, Defendant, represented by John Timothy Philipsborn , Attorney at Law. It will not eliminate the hate and prejudice within prisons, he said, adding that abolishing gang violence will not happen piecemeal. She had been. The government's opposition on this point is conclusory. The Court may do so within the confines of the time afforded for trial and outside the presence of the jury. . 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. at 2.) R. Evid. L. Rev. Also, previously, this Court excluded "opinions identifying specific individuals holding positions in Nuestra Familia . This war is about power, control and money. See Docket No. 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 Department of Corrections and Rehabilitation, Movant, represented by Michael Joseph Gonzales Lagrama , California State Attorney General's Office. (PARADIGMMEDIA) Unplugged, does not make any warranties about the completeness, reliability and accuracy of this information. x]ms9*>[DhJqB6 Gq~0TA9=_wh4ckf5j'O^YG?v2? 1991)). "Rule 702 requires district courts to assure that an expert's methods for interpreting the new terminology are both reliable and adequately explained." 1045 at 4.). It's their reputation at stake." . . See Sheldon 's Criminal Record. 450 Golden Gate Avenue Romero admitted that he relayed the leaderships approval for the removals, which involved a hitter stabbing the April 29 victim in the head with a metal shank and a hitter stabbing the October 23 victim in the neck with a weapon made out of plexiglass. 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. 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. 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.. 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