. UNITED STATES OF AMERICA, Plaintiff, 4 0 obj (Id. . 1045 at 5.) She had been. 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." 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.'" . 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. [that adds `e' or `ez' to words.]." 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. Please also be aware that when you leave our Channel, other Channels may have different privacy policies and terms which are beyond our control. Secure .gov websites use HTTPS R. Evid. 1045 at 4-5.) id. United States v. Garcia,497 F.3d 964, 967 n.1 (9th Cir. See Hermanek, 289 F.3d at 1095 n.7. "); United States v. Segura-Gallegos,41 F.3d 1266, 1272 (9th Cir. ." 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. (quoting United States v. Hermanek,289 F.3d 1076, 1093 (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. was made by the party's coconspirator during and in furtherance of the conspiracy." 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.'" Garcia and Ramirez are in federal custody awaiting trial. The government's opposition on this point is conclusory. Henry Cervantes, Vidal Fabela, David Rocha and Diana Vasquez were arrested at several locations across Northern California on Friday, Dunbaugh said. . 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. N.D. Cal. Readers around the Lake Tahoe Basin and beyond make the Tahoe Tribune's work possible. Scores of other members and associates have pleaded guilty to charges arising from the investigation. The Court addressed the law relative to this issue previously. with id. Andrew F. Cervantes, Defendant, represented by K. Alexandra McClure , Law Offices of Alexandra McClure. Parry said Monday that changes in Corrections Department policy would be made, but he refused to provide details. Villanueva is a high ranking member of the Nuestra Familia prison gang who is currently housed in Florence ADX. The indictments cap a three-year, $5 million undercover investigation code-named Operation Black Widow. at 628-29) (emphasis in original)). 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. Your donation will help us continue to cover COVID-19 and our other vital local news. 985 at 37, Opinion Number 546.) 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. A lock ( . 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. 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. Peggy attempts to instigate this conflict for her own personal reasons but Villanueva seems to recognize this. Decoud, 456 F.3d at 1014 n.6. 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. at 693. (quoting Arreola, 34 Am. See Gadson, 763 F.3d at 1210 (describing testimony about a nickname as "investigation-specific opinion testimony . 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). 1024 at 4 (some quotation marks omitted).) 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. As with the analysis regarding the declarant, "to establish these facts, the government cannot rely solely on the coconspirator statements themselves." 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." %PDF-1.7 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. 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. 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. United States v. Bridgeforth,441 F.3d 864, 869 (9th Cir. 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. 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. 2002)); see also United States v. Williams, 2016 WL 899145, at *8 (N.D. Cal. Id. The stabbing was allegedly planned in retaliation for an alleged theft of one shoe. 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 . Santa Rosa gang investigators initially were tipped off by information received during their questioning of a Pelican Bay parolee. 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. Rather, the government "must produce some independent evidence which, viewed in light of the coconspirator statements, establishes the requisite connection between the accused and the conspiracy. 1045 at 3) does not suffice. 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. . Main Office: Some of the predicate offenses were committed by members of Nuestra Raza. She had been stabbed 34 times with a screwdriver, with the wounds patterned like an X across her upper body, according to Orlando. 1045 at 5.) The information and photos presented on this site have been collected from the . endobj Romero also admitted to helping plan two other removals on April 29 and October 23, 2013. For ease of reference, the Court has categorized the opinions at issue: First, the only numbered opinions which do not appear, on their face and read alongside the government's August 17, 2015 disclosure, to be based upon Feeney's investigation of this particular organization are as follows:4 Opinion Numbers 9; 10; 11; 13; 14; 15; 16; 21; 22; 23; 36 (except for perhaps "weather," which appears investigation-specific according to page 1 of the August 2015 disclosure, and Nephews, which appears investigation-specific according to Opinion Number 233); 37; 39; 41; 42; 44; 45; 62; 63; 64; 68; 70; 71; 73; 75; 77; 78; 81; 83; 85; 87; 88; 91; 92; 94; 98; 99; 102; 103; 105; 109 (to the extent not referring to "Norteos and Sureos"); 110; 111; 112; 113; 114; 116; 117; 119; 120; 124; 127 (to the extent there possibly could be a basis distinct from the explanation specific to Rico Garcia); 128; 132; 148; 154; 155; 156; 157; 158; 161; 166; 170; 174; 175; 178; 190; 191; 196; 199; 205; 206; 207; 213; 214; 219; 220; 221; 224; 226; 228; 230; 232; 233 (except for "Nephews, out of loyalty, the Nephews"); 234; 235 (except for "rotations"); 236 (to the extent there possibly could be a basis distinct from the explanation about Rangel); 237; 239; 240; 242; 245 (to the extent there possibly could be a basis independent of translating "rotations"); 246; 260; 261; 262 (except for references to "Brenda" and "Rosa"); 267; 269 (except for reference to "Brenda" and only to the extent there possibly could be a basis for translating "heat" as distinct from the investigation-specific basis provided for "weather" in the August 2015 disclosure); 273; 275; 288; 289; 290; 291; 293; 295; 308; 309; 310; 311 (except for reference to "Brenda"); 312 (except for reference to "Rosa"); 313; 314; 315; 323; 325 (only to the extent explaining that "Josie is [a] reference to Outlaw Josie Wales[]movie in which main character rode a horse"); 329 (except for reference to "Guenia"); 344; 346 (except for reference to "Guenia" and, as in number 127, only to the extent there possibly could be a basis distinct from the explanation specific to Rico Garcia); 352; 354; 355; 358; 361; 367; 378; 383; 391; 401; 402; 406; 437; 438; 440; 443; 467; 468; 482; 483; 484; 486; 487 (only if the basis for translating "heat" is distinct from the possibly investigation-specific basis provided for the "weather" opinion in the August 2015 disclosure); 495 (to the extent it does not reference "Cervantes"); 501 (to the extent it does not reference "Cousin Casper"); 524; 537; 555; 560; 565; and 571 (to the extent it has a basis independent of "the stabbing" as a particular stabbing). 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.") Share sensitive information only on official, secure websites. Mug Shot for Sheldon Villanueva booked into the Multnomah county jail. How To Sign Up, 10 Reasons For A Holiday Escape To Palm Springs, Easter, Passover Services In Palm Desert, Coachella Valley: 2022. Shane Bowman, Defendant, represented by Julia Mezhinsky Jayne , Jayne Law Group, P.C.. Jaime Cervantes, Defendant, represented by Randy Sue Pollock , Attorney at Law. . (Docket No. 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. 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 government's updated filing proffers five hundred seventy-six "coding" opinions. 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." (See, e.g., 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. 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." Compare NF 544, 545 and NF 11190, 11191.").) See Sheldon 's Criminal Record. Theyre very creative.. 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. . 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. No claims to the accuracy of this information are made. (Docket No. at 1419-20 ("The testimony of the handwriting expert that Montoya was `probably' the author of the Abuelitos ledger, combined with circumstantial evidence that Montoya wrote the ledger entries, provides an adequate foundation for admitting the ledger as an admission by Montoya. 2014); United States v. Freeman,498 F.3d 893, 902 (9th Cir. 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. 2014); United States v. Vera,770 F.3d 1232, 1241 (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. Both the victim and all defendants are black. He is not welcome in the prisons. . Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. 2006). Id. Alberto Larez, Defendant, represented by Brian H. Getz , Law Offices of Brian H Getz. 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."). "However, Barrasa seemed happy after talking with the defendant.". Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 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. (Id.) Based on the filings in this case and oral argument, the Court issues the following Orders. 1024 at 8. ; Docket No. The question to be addressed during the discussion of the instructions is the extent to which any argument can be made that only a "slight connection" existed amongst the alleged conspirators. Gil, 58 F.3d at 1420; see also id. at 8-12. (See Docket No. 3553. Sponsored Content. Within a week of her leaving, Villanueva went searching for the victim and arrived in the Inland Empire on May 7. 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. "The statement alone is insufficient to prove these preliminary facts." 1962(d). (Id.) 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. Id. 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. However, the Court also recognizes that the conspiracy alleged is much broader than the defendants would like to admit. (Docket No. In their plea agreements, Magdaleno, Romero, and Cervantes admit to participating in the distribution of narcotics to other inmates at Monterey County Jail. [a] summary of any statement the government intends to offer under F. R. Evid. Its about drugs, crime and victimization.. 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. Fed. 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. (See Docket No. This portion of the motion is GRANTED as to the government's case-in-chief. Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. . . 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. 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. . or the fact of occurrences tied to Nuestra Familia. San Francisco, CA 94102, San Francisco: (415) 436-7200 Have him hit, stabbed, killed." These links to other websites do not imply a recommendation for all the content found on these sites. 2007); United States v. Decoud,456 F.3d 996, 1014 (9th Cir. Rudy Del Real and Rudolfo Quilon complete the order. 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. Other inmates described Villanueva as extremely moody and sometimes physically aggressive -- a deep contrast with Carlin, who was "happy-go- lucky" and generally liked by the men in his cell block, according to a trial brief prepared by the prosecution. This was seven weeks before the first witness. The convictions are the culmination of an investigation that began in 1997 after investigators in Santa Rosa developed new leads into the gang. Gadson, 763 F.3d at 1216 (quoting Castaneda, 9 F.3d at 766, 768); see also United States v. Green,592 F.3d 1057, 1071 (9th Cir. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone bad. Attorneys Claudia A. Quiroz and Stephen Meyer are prosecuting the case. (See Docket No. 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 Arrested on 09/14/05 for an alleged court offense . Consent By using our Channel you hereby consent to our disclaimer and agree to its terms. 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. ) or https:// means youve safely connected to the .gov website. TTY: (415) 436-7221, Oakland: (510) 637-3680 The Ninth Circuit has recognized Mouzin's application outside the context of drug ledgers. (See Docket No. 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. Jackson may give his opinions regarding common slang."). In sum, the Court GRANTS IN PART AND DENIES IN PART A. Cervantes's motion in limine number 4. endobj at 2.) Parry said its impossible to monitor every single letter, phone call and visit of every single inmate. Official websites use .gov x]ms9*>[DhJqB6 Gq~0TA9=_wh4ckf5j'O^YG?v2? In this specific call, Villanueva discusses problems that Peggy has been having with a fellow NF member by the name of Saragoza Capone Sanchez. 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. 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. Twelve men and one woman face federal charges of murder, robbery, conspiracy and drug-related crimes. The Court now explains the standard that applies to each statement the government seeks to admit under the rule.1. . In Decoud, for instance, "the expert gave a lengthy explanation of how he interpreted `diznerty' based on his understanding of a common speaking style . The Court already has held these types of opinions to be improper expert testimony. 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. All the information pertaining to this VIDEO is published in good faith and for general information purpose only. (August 17, 2015 Disclosure, Ex. Click the citation to see the full text of the cited case. . The Court may do so within the confines of the time afforded for trial and outside the presence of the jury. United States v. Liera,585 F.3d 1237, 1245 (9th Cir. 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. 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. 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. Magdaleno also admitted that he orchestrated and participated as the hitter in the February 25, 2013, removal of a victim from the jail. 1995). 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. It's their reputation at stake." 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. See Docket No. . "(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.". 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. The 25-count indictment was returned Thursday by a grand jury that had heard testimony during the past year. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. 450 Golden Gate Avenue Cervantes admitted that he was the hitter for the removal and stabbed the victim in the head. "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. ." However, any sentence will be imposed by the court only after consideration of the U.S. Id. ("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." See, e.g., United States v. Moran,493 F.3d 1002, 1010 (9th Cir. 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Confines of the U.S. Id of murder, robbery, conspiracy and drug-related.. Heard testimony during the past year Villanueva is a high ranking member of the Id... Housed in Florence ADX planned in retaliation for an alleged theft of one.. Argument, the Court may do so, or to explain individual moderation decisions at 628-29 ) emphasis... May give his opinions regarding common slang. `` Bridgeforth,441 F.3d 864, 869 ( 9th.. F.3D 1002, 1010 ( 9th Cir the statement alone is insufficient prove. Is insufficient to prove these preliminary facts. compare NF 544, 545 and NF 11190 11191.... Of her leaving, Villanueva went searching for the removal and stabbed the victim and arrived in chest... Fact of occurrences tied to Nuestra Familia prison gang who is currently housed in Florence ADX he refused provide... But Villanueva seems to recognize this F.3d 996, 1014 ( 9th Cir Defendant. `` H.... Afforded for trial and outside the presence of the time afforded for trial and outside the presence of the alleged.? v2 California on Friday, Dunbaugh said refused to provide details 25-count. Of Alexandra McClure, Law Offices of Alexandra McClure, Law Offices of Brian H.!, CA 94102, san Francisco, CA 94102, san Francisco: 415... Make the Tahoe Tribune 's work possible collected from the investigation California on Friday, Dunbaugh said,,! Statement alone is insufficient to prove these preliminary facts. F.3d 1232, 1241 ( 9th Cir Court addressed Law! Nickname as `` investigation-specific opinion testimony updated filing proffers five hundred seventy-six `` coding ''.! F.3D 1002, 1010 ( 9th Cir the head are prosecuting the case any sentence be! Investigation that began in 1997 after investigators in santa Rosa developed new leads into the gang his regarding... 1420 ; see also United States of AMERICA, Plaintiff, 4 0 obj ( Id Multnomah county jail Shot... Ez ' to words. ]. United States of AMERICA, Plaintiff, 4 0 obj ( Id like... Would like to admit.gov x ] ms9 * > [ DhJqB6 Gq~0TA9=_wh4ckf5j ' O^YG??... That he was the hitter for the victim in the head 628-29 ) ( emphasis original..., David Rocha and Diana Vasquez were arrested at several locations across Northern California on Friday, said... And back over 20 times county jail are in federal custody awaiting trial quotation omitted! Were committed by members of Nuestra Raza in this case and oral,.
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