endobj 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 . The prosecutor said that on the afternoon of Sept. 17, 2016, Villanueva knotted a bed sheet and used it to strangle the victim, trying to make it appear as though the senior had hung himself while sitting on the bedside commode. Theyre very creative.. Each admitted to having participated in at least two homicides as part of his guilty plea. You are here: PARADIGM MEDIA NEWS unplugged Youtube Channel / Disclaimers Disclaimers If you require any more information or have any questions about our Channel disclaimer, please feel free to contact us Disclaimers for www.youtube. Cervantes admitted that he was the hitter for the removal and stabbed the victim in the head. 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"). Sanchez is living at the home with Peggy and is in a relationship with her daughter Coco. 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. 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. Gang rules and discipline are maintained by assaulting and threatening those individuals who violate the rules or pose a threat to the organization. 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. 2006). The government's exhibit list is understandably comprehensive and the defense's objections in this regard are DENIED. 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. Villanueva also conveyed to the same inmate that he wanted to "choke" Carlin. The Court now explains the standard that applies to each statement the government seeks to admit under the rule.1. Castaneda, 16 F.3d at 1507. A lock ( endobj 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. 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. Your donation will help us continue to cover COVID-19 and our other vital local news. These examples illustrate how Feeney seeks to go beyond translating particular words with fixed meanings and opine about the origin and effect of a Nuestra Familia document, Nuestra Familia rules, the expectations of Nuestra Familia members, and particular actions by particular individuals holding particular positions within Nuestra Familia. Under current Ninth Circuit law, the Court would need to evaluate the remaining opinions under Rule 701. was made by the party's coconspirator during and in furtherance of the conspiracy." Villanueva is a high ranking member of the Nuestra Familia prison gang who is currently housed in Florence ADX. 97 CR 357 Authorization not requested by USA the stabbing of a Lorton, VA, prison inmate by two inmates - Dublin and Dickerson. The rival Mexican Mafia its members are called surenos is made up of Hispanic prison members from Southern 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." 928 at 13-16; id. 985, Opinion 320 ("Karen Bauer is intermediary for letters t/from Cervantes and Villanueva. Listed below are those cases in which this Featured Case is cited. Retirement Communities in the Palm Springs Area | 55+, 'We Aren't Joking. 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. 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. . Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. knowingly participated in a conspiracy." . 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."). Andrew F. Cervantes, Defendant, represented by K. Alexandra McClure , Law Offices of Alexandra McClure. including Sheldon Villanueva, one of two incarcerated "overseers" who ran NF. 2002)); see also United States v. Williams, 2016 WL 899145, at *8 (N.D. Cal. 1063 at 1; 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. "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. Magdaleno admitted that he gave the victim marijuana to use so that he would be more vulnerable and let his guard down; and after doing so, Magdaleno stabbed the victim in the head with a shank. This is just one investigation. To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com. Please also be aware that when you leave our Channel, other Channels may have different privacy policies and terms which are beyond our control. 2007); United States v. Decoud,456 F.3d 996, 1014 (9th Cir. (See Docket No. (Docket No. 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. 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. Some of the predicate offenses were committed by members of Nuestra Raza. (Docket No. California Highway Patrol officers encountered Villanueva a quarter- mile west of the scene, walking in the freeway center median. SAN FRANCISCO / 8 plead guilty to charges of racketeering / 7-year investigation of Nuestra Familia prison gang ends, Restaurant chain slated to close site at Bay Area mall, Graupel falls on Disneyland, shocks guests, Grapevine closed indefinitely due to heavy snow and ice, Plan to bring bullet train from LA to Vegas is underway, What it looks like inside Coit Towers former apartment, Horoscope for Thursday, 3/02/23 by Christopher Renstrom, Hundreds of thousands of workers have abandoned downtown SF, Avalanche slams into Tahoe apartment building amid blizzard, Tahoe's snowfall totals are on track to break records, One of the largest movie theaters in SF to close permanently, Popular yet divisive fast food chain coming to this Bay Area town, 'Zero visibility' conditions: All roads to Tahoe are closed. Prosecutors said the group's top officers issued orders to their associates on the streets from inside the security housing unit at California's toughest lockup, Pelican Bay State Prison. [T]he evidence supported the finding that [the San Bruno ledger] was a statement made or adopted by Gil." (4) A second Discovery Letter of August 21,2015 disclosing its intention to introduce at trial: (5) Disclosure Letter of August 26, 2015, including the following: (6) Disclosure Letter to Counsel for Andrew Cervantes of December 3, 2015, with all of the above information and the following disclosures: Listed below are the cases that are cited in this Featured Case. 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 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. Id. Readers around the Lake Tahoe Basin and beyond make the Tahoe Tribune's work possible. 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.'" . 832 at 1-2.) It will not eliminate the hate and prejudice within prisons, he said, adding that abolishing gang violence will not happen piecemeal. Magdaleno, Romero, and Cervantes were also charged with conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. In motion in limine number 2, A. Cervantes seeks to exclude evidence of a variety of incidents that occurred before 2004. % . 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. (quoting United States v. Benson,941 F.2d 598, 605 (7th Cir. In order to corroborate or refute this status, the litigants must know the identity of the declarant." 928 at 11. 1045 at 3) does not suffice. 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. 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. 1959(a)(5), and assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. Villanueva was immediately jailed and charged with Barrasa's murder. Barrasa left the property at the end of April 2016, heading to Fontana to stay with a friend. at 1420 (noting evidence regarding the location of the ledgers, "entries [that] corresponded to surveilled activities," and attributions of deliveries to "a nickname associated with an established pseudonym for Gil"). The eight pleaded guilty in San Francisco to charges of operating the prison gang as a racketeering enterprise. 1045 at 5.) . Have a question about Government Services? Shane Bowman, Defendant, represented by Julia Mezhinsky Jayne , Jayne Law Group, P.C.. Jaime Cervantes, Defendant, represented by Randy Sue Pollock , Attorney at Law. 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). December 12, 1976. "); United States v. Segura-Gallegos,41 F.3d 1266, 1272 (9th Cir. 2007)). Citations are also linked in the body of the Featured Case. xAlk75~]}JOQD1hZ|0I_(,5~[,==FsL$c56 ), 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. 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. However, any sentence will be imposed by the court only after consideration of the U.S. 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. Your financial contribution supports our efforts to deliver quality, locally relevant journalism. Have him hit, stabbed, killed." While the government need show only a slight connection with the conspiracy, the independent evidence must be `fairly incriminating: . ." (See, e.g., Docket No. 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. Arrested on 09/14/05 for an alleged court offense . (See Docket No. . It has to be done with law enforcement coming together throughout California.. 1959(a)(3). . Bridgeforth, 441 F.3d at 869.2. 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. 2015) (citing Mouzin in the context of purported Rule 801(d)(2)(E) statements made by "unidentified telemarketers"). "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.". 2007) ("Statements made for personal objectives outside the conspiracy or as part of idle conversation are not admissible under Rule 801(d)(2)(E). 3553. United States v. Osazuwa,564 F.3d 1169, 1176 (9th Cir. 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. The convictions are the culmination of an investigation that began in 1997 after investigators in Santa Rosa developed new leads into the gang. 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. Finally, as noted above, the statement must be in furtherance of a particular conspiracy. Crim. 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. 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. United States v. Garcia,497 F.3d 964, 967 n.1 (9th Cir. The Court next addresses the specific arguments regarding the exclusion of the home address associated with Karen Bauer. "The defendant expressed that Barrasa had his heart, which Barrasa responded to by laughing," Orlando said. 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. 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. 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. They have rights and we cant stop communications, he 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." No claims to the accuracy of this information are made. endobj U.S. Attorney's Office, Northern District of California, Conspirators admit their roles in violent crimes in Monterey County Jail to maintain gang discipline and punish transgressions of gang rules, Three Associates Of Nuestra Familia Prison Gang Plead Guilty To Federal RICO Conspiracy, U.S. Attorney Stephanie M. Hinds Announces $399,000 In Justice Department Grants To Support Project Safe Neighborhoods, Justice Department Awards More Than $17.5 Million to Support Project Safe Neighborhoods, Members And Associates Of MS-13 In San Francisco Charged With Participation In Gang-Related Murders In Furtherance Of Racketeering Conspiracy, Racketeering Conspiracy, 18U.S.C. See United States v. Lloyd,807 F.3d 1128, 1155 n.8 (9th Cir. 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. . 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. 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. %PDF-1.7 id. All three defendants pleaded guilty to the racketeering conspiracy charge, wherein they admitted that murder was an object of the conspiracy. 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 Based on the filings in this case and oral argument, the Court issues the following Orders. 1045 at 4-5.) As with the analysis regarding the declarant, "to establish these facts, the government cannot rely solely on the coconspirator statements themselves." 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." Id. Finally, all of the remaining opinionsnot identified in the two paragraphs aboveare investigatory, or otherwise could not satisfy Rule 702's requirements because no translation is given or a given translation is the same as the phrase supposedly in code. Norteo gang members pledge their allegiance and loyalty to Nuestra Familia and are instructed on its rules, rituals, and obligations. 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. Santa Rosa gang investigators initially were tipped off by information received during their questioning of a Pelican Bay parolee. 1024 at 8. (Docket No. A locked padlock 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. It was unsealed Friday. Feeney also translates the words, "Take care of her things to do list for the summer," to mean "Hit (kill) Demon." 1959(a)(6). United States v. Liera,585 F.3d 1237, 1245 (9th Cir. It's their reputation at stake." For example,6 Opinion 517 reads: "Tell Polvo that Demonito is a waste of time and mom doesn't want her around the house, period." . exclude any statement that does not meet the requirements of the rule." 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." However, `statements made to keep coconspirators abreast of an ongoing conspiracy's activities satisfy the `in furtherance' of requirement.'" For "cream of crop," the government's August 2015 disclosure includes the sentence: "The NF has a policy not to take people under their wing just for numbers[,] but rather quality. Deputy District Attorney Anthony Orlando said the defendant and Barrasa lived together at the property over the ensuing six months, and during that time, Villanueva became abusive, inflicting injuries to the victim's arms and legs and cutting away some of her hair. Despite being happy to see him, the victim told friends that she was concerned about Villanueva's behavior, and at least one witness recalled the woman hesitating to get into his car on the night of May 11, 2016, according to the prosecutor. SAN JOSE Johnny Magdaleno, a/k/a Soldier Boy, Rodney Luis Romero, a/k/a Speedy, and Carlos Cervantes, a/k/a Lil Huero, a/k/a Doug, pleaded guilty today to racketeering conspiracy charges for their respective roles as associates of the Nuestra Familia prison gang, announced United States Attorney David L. Anderson and John F. Bennett, Special Agent in Charge of the Federal Bureau of Investigations San Francisco Field Division. PARADIGM PROFILES | SHELDON "SKIP" VILLANUEVA | NARRATED BY JOHN "BOXER" MENDOZA PARADIGM MEDIA NEWS 31.7K subscribers 92K views 2 years ago https://www.patreon.com/PARADIGMMEDIA. (See id. . Gil, 58 F.3d at 1420; see also id. 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. Twelve men and one woman face federal charges of murder, robbery, conspiracy and drug-related crimes. at 628-29) (emphasis in original)). at 2.) 2008). Any use of information, images and other copyrighted material from this channel without permission from PARADIGMMEDIA.com will be followed up and reported. (See, e.g., Docket No. 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. (Docket No. Under Rule 801(d)(2)(E), a statement is not hearsay if it is "offered against an opposing party and[] . Within a week of her leaving, Villanueva went searching for the victim and arrived in the Inland Empire on May 7. TTY: (415) 436-7221, Oakland: (510) 637-3680 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. . Riverside County Superior Court Judge Mac Fisher scheduled a sentencing hearing for Sept. 20 at the Riverside Hall of Justice. 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. (citations omitted)); United States v. Cerna, 2011 WL 2119304, at *3 (N.D. Cal. at 8-12. Alberto Larez, Defendant, represented by Brian H. Getz , Law Offices of Brian H Getz. Some gang members even ended up testifying against themselves. Thus, the government must show that it is more likely than not that the declarant was a co-conspirator. Perez will not begin serving his sentence until he has completed a separate six-year state prison sentence, which he has yet to begin. (quoting United States v. Hermanek,289 F.3d 1076, 1093 (9th Cir. San Jose: (408) 535-5061. They are the two most powerful prison gangs in the state prison system, officials say. 928 at 15.) Cr. See Hermanek, 289 F.3d at 1095 n.7. 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. This order terminates Docket Nos. 1045 at 5.) Mar. (Docket No. Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. 801(d)(2)(E). ("While the local rule and the scheduling orders required advance notice/summaries of coconspirator statements, the purpose of the rule and the orders was to allow for adequate time for the parties to litigate the admissibility of the statements."). In particular, he seeks an order "directing the government to instruct its informant, law enforcement and Bureau of Prisons witnesses to not reveal the nature of Mr. Cervantes' prior conviction, as well as generally precluding testimony on the subject." The 25-count indictment was returned Thursday by a grand jury that had heard testimony during the past year. See United States v. Garcia,793 F.3d 1194, 1213 (10th Cir. 1022 at 1-2.) This portion of the motion is GRANTED as to the government's case-in-chief. Its about drugs, crime and victimization.. These are proper subjects for lay opinion testimony, see FED. "(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 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. Cf. Henry Cervantes, Defendant, represented by John Timothy Philipsborn , Attorney at Law. (See Docket No. All the information pertaining to this VIDEO is published in good faith and for general information purpose only. Main Office: 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."