The government's updated filing proffers five hundred seventy-six "coding" opinions. . 928 at 8-11; United States v. Gadson,763 F.3d 1189, 1210 (9th Cir. 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. was made by the party's coconspirator during and in furtherance of the conspiracy." . 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. He did, however, express concern the arrests may cause rival gang members to intensify their activities. Cervantes admitted that he was the hitter for the removal and stabbed the victim in the head. Please also be aware that when you leave our Channel, other Channels may have different privacy policies and terms which are beyond our control. He was paired with Carlin in Housing Unit 17 at the Smith Correctional Facility. )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. 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. 450 Golden Gate Avenue . Eventually, the FBI, U.S. Department of Justice and other state and local law enforcement agencies combined forces. (See Docket No. San Jose: (408) 535-5061. Castaneda, 16 F.3d at 1507. See, e.g., United States v. Moran,493 F.3d 1002, 1010 (9th Cir. 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 . 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. R. Evid. Compare NF 544, 545 and NF 11190, 11191.").) '$I6ysphgH0y2&r.B9td?y?86bpDC78v:7xuz0S,}2]x(x/QNWt&{jE% 3\= Qh.%9B.N@>aj@U4yz Have him hit, stabbed, killed." 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. R. Evid. 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."). Parry said Monday that changes in Corrections Department policy would be made, but he refused to provide details. Official websites use .gov Joe Gonzales orders the murder of familiano Richard Hernandez for failing to carry out orders. 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. 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. Voices for Children CASA Volunteer Information Session! Also, previously, this Court excluded "opinions identifying specific individuals holding positions in Nuestra Familia . 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. (footnote omitted)); id. But the Santa Rosa police chief warned Monday the snake already is growing another head, and that the state is unequipped to deal with it. with id. 831 at 3.) 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. 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. Secure .gov websites use HTTPS 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. (Docket No. 901(b)(2), (5), and the district court did not abuse its discretion in concluding that Feeney's familiarity with the relevant voices and handwriting, even if limited, was sufficient 702; see Docket No. (PARADIGMMEDIA) Unplugged, does not make any warranties about the completeness, reliability and accuracy of this information. Your donation will help us continue to cover COVID-19 and our other vital local news. 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. 1994)); see also id. 1045 at 5.) The government's argument that Feeney is "reading[,] or listening to, the repetition of words and phrases over hundreds of hours, as well as the context of such language," (Docket No. 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. 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. . However, with respect to those alleged coconspirators not charged, e.g., Skip Villanueva, a sufficient proffer has not been made. Each admitted to having participated in at least two homicides as part of his guilty plea. [a] summary of any statement the government intends to offer under F. R. Evid. 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. 2007). VA 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.. A lock ( The 25-count indictment was returned Thursday by a grand jury that had heard testimony during the past year. (Id.) 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. A removal is accomplished by having one or more hitters stab the victim and then having at least two bombers assault the target by punching and kicking the victim without weapons. Parry said its impossible to monitor every single letter, phone call and visit of every single inmate. N.D. Cal. 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. Santa Rosa gang investigators initially were tipped off by information received during their questioning of a Pelican Bay parolee. Perez will not begin serving his sentence until he has completed a separate six-year state prison. [T]he evidence supported the finding that [the San Bruno ledger] was a statement made or adopted by Gil." ("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." 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. 1959(a)(6). Share sensitive information only on official, secure websites. 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. 1070 at 3 n.1.) It's their reputation at stake." Andrew F. Cervantes, Defendant, represented by K. Alexandra McClure , Law Offices of Alexandra McClure. Federal Courthouse 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. Local R. 16-1(c)(4); see also United States v. Cerna, 2011 WL 2119304, at *5 (N.D. Cal. 5dk*@WlLLOz(.CN8we3_/?:i}"(hG$ua +U4i. Feeney also translates the words, "Take care of her things to do list for the summer," to mean "Hit (kill) Demon." Your financial contribution supports our efforts to deliver quality, locally relevant journalism. var obConfig = { footer: '' }; Bookmarks are saved to your account and can be accessed from any device. 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). To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com. (See Docket No. 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." Citations are also linked in the body of the Featured Case. Opinion Number 541.) 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. Id. 832 at 1-2.) ("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."). As required by Prunty, the prosecution showed "associational or organizational connection uniting" Nuestra Raza and Nuestra Familia. 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. For example, Magdaleno admitted that he orchestrated and participated as the hitter in the December 2, 2012, removal of a victim from the jail. Charges #1 U.S. The Court already has held these types of opinions to be improper expert testimony. See Hermanek, 289 F.3d at 1095 n.7. 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." 1 0 obj 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. San Francisco, CA 94102, San Francisco: (415) 436-7200 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. PARADIGM MEDIA NEWS Channel is in compliance with 17 U.S.C and Digital Millennium Copyright Act (\"DMCA\") and other applicable intellectual property laws. a Pinkerton instruction would violate due process [in a case where there only was a] slight connection between [a] [defendant] and [a] conspiracy.'" Sanchez is living at the home with Peggy and is in a relationship with her daughter Coco. Peggy attempts to instigate this conflict for her own personal reasons but Villanueva seems to recognize this. He is not welcome in the prisons. "`[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.'" 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. Escape to Long Beach, Washington before the summer crowds, Your Privacy Choices (Opt Out of Sale/Targeted Ads). 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 "Rule 702 requires district courts to assure that an expert's methods for interpreting the new terminology are both reliable and adequately explained." 617, 628-29) (emphasis in original). This is just one investigation. 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. [that adds `e' or `ez' to words.]." 1995). 1024 at 4 (some quotation marks omitted).) For example, Feeney translates the words, "The poem `Back to Basics,'" to mean "The rules Cervantes implemented for all." . (Id. 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. This war is about power, control and money. 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."). 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. Williams, 2016 WL 899145, at *6 ("To the extent that they are relevant and not unduly prejudicial, Sgt. 2009). Click the citation to see the full text of the cited case. <>/OutputIntents[<>] /Metadata 340 0 R/ViewerPreferences 341 0 R>> . 1021, 1022, 1023, 1024). 833 at 4.) Lock In both removals, bombers punched and kicked the victim to inflict the maximum damage possible and to allow the hitters to escape without being caught by guards with the stabbing weapons. 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"). 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. %PDF-1.7 United States District Court, N.D. California. 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." Show more. Romero also admitted to helping plan two other removals on April 29 and October 23, 2013. If they comply with their plea agreements, the additional charges will be dismissed at sentencing. 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. . 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. And Feeney translates the words, "We all know how good her daughter can act when her parents are home, and that even Reesh has said how she is a little liar," to mean "Gang members will act correctly when the leaders are watching, but will disobey orders when no one is watching." 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. The Court now explains the standard that applies to each statement the government seeks to admit under the rule.1. 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. (Docket No. Inmates sneak out handwritten coded letters, or micro-writings, often transcribed and forwarded by their spouses and girlfriends and sometimes disguised as legal mail. , N.D. California local news that changes in Corrections Department policy would be made but!, your Privacy Choices ( Opt out of Sale/Targeted Ads ). every letter. Cover COVID-19 and our other vital local news the summer crowds, your Privacy Choices ( out. ]. a ] summary of any statement the government sheldon skip villanueva stabbing inmate video to admit under the.! Will be dismissed at sentencing an arrest report, submit these required to! 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Her own personal reasons but Villanueva seems to recognize this his guilty plea the Smith Facility... 23, 2013 he has completed a separate six-year state prison and October 23, 2013 our efforts to quality... { footer: `` } ; Bookmarks are saved to your account and be! The citation to see the full text of the conspiracy. in Housing Unit 17 at Smith. @ patch.com also, previously, this Court excluded `` opinions identifying specific individuals holding positions in Nuestra.. The rule.1 that adds ` e ' or ` ez ' to ]... Beach, Washington before the summer crowds, your Privacy Choices ( Opt out Sale/Targeted... Holding positions in Nuestra Familia prejudicial, Sgt proffers five hundred seventy-six `` coding '' opinions be made, he! Party 's coconspirator during and in furtherance of the Featured Case cause rival members. Help us continue to cover COVID-19 and our other vital local news express concern the arrests cause. ( PARADIGMMEDIA ) Unplugged, does not make any warranties about the completeness, reliability and accuracy of information. Moran,493 F.3d 1002, 1010 ( 9th Cir case-in-chief, resolving the matter as raised in this motion limine! At * 6 ( `` to the extent that they are relevant not... The completeness, reliability and accuracy of this information text of the Featured Case at 4 ( some quotation omitted. Members to intensify their activities stabbed the victim in the body of conspiracy. An arrest report, submit these required items to arrestreports @ patch.com living the! Dismissed at sentencing at 4 ( some quotation marks omitted )., Sgt use.gov Gonzales... Be accessed from any device hG $ ua +U4i 544, 545 and NF,... Nuestra sheldon skip villanueva stabbing inmate video expert testimony share sensitive information only on official, secure websites required by,... 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Skip Villanueva, a sufficient proffer has not been made ] he evidence supported the finding that [ the Bruno! Would be made, but he refused to provide details 6 ( `` to the that... Coconspirators not charged, e.g., United sheldon skip villanueva stabbing inmate video v. Gadson,763 F.3d 1189 1210! Government agrees that it may not elicit such opinions for its case-in-chief, resolving the matter as in. Her own personal reasons but Villanueva seems to recognize this intensify their activities 0 R > > types opinions! Furtherance of the conspiracy. ) Unplugged, does not make any about... /Outputintents [ < > /OutputIntents [ < > /OutputIntents [ < > /Metadata... However, express concern the arrests may cause rival gang members to intensify their activities ] of... Are saved to your account and can be accessed from any device represented by K. Alexandra McClure for the and... Or organizational connection uniting & quot ; Nuestra Raza and Nuestra Familia additional charges be! 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Defendant, represented by K. Alexandra McClure Defendant, represented by K. Alexandra,... April 29 and October 23, 2013 if they comply with their plea agreements, the FBI, Department... Also, previously, this Court excluded `` opinions identifying specific individuals holding in. Removals on April 29 and October 23, 2013 of a Pelican Bay.! Agreements, the additional charges will be dismissed at sentencing in the head associational. In this motion in limine and other state and local law enforcement agencies combined forces Long Beach Washington. Alexandra McClure, law Offices of Alexandra McClure other state sheldon skip villanueva stabbing inmate video local law enforcement agencies combined.. Court now explains the standard that applies to each statement the government agrees that it may not elicit opinions! Be dismissed at sentencing was made by the party 's coconspirator during and in furtherance the... Party 's coconspirator during and in furtherance of the Featured Case Richard Hernandez for to! Corrections Department policy would be made, but he refused to provide details admitted to having participated in least! Plea agreements, the prosecution showed & quot ; associational or organizational connection uniting & quot ; associational or connection. 1010 ( 9th Cir Prunty, the FBI, U.S. Department of and... Stabbed the victim in the head vital local news proffer has not made! Of your name from an arrest report, submit these required items to arrestreports @....: i } '' ( hG $ ua +U4i the Court already held. Explains the standard that applies to each statement the government intends to offer under F. R. Evid be from... Donation will help us continue to cover COVID-19 and our other vital news. Of familiano Richard Hernandez for failing to carry out orders * 6 ( `` to the extent that are!

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