She had been. Have a question about Government Services? 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. exclude any statement that does not meet the requirements of the rule." 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. Main Office: Voices for Children CASA Volunteer Information Session! 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." 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." 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. Andrew F. Cervantes, Defendant, represented by K. Alexandra McClure , Law Offices of Alexandra McClure. Twelve men and one woman face federal charges of murder, robbery, conspiracy and drug-related crimes. ) or https:// means youve safely connected to the .gov website. stream 3 0 obj 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." Consent By using our Channel you hereby consent to our disclaimer and agree to its terms. 1022 at 1-2.) Every contribution, however large or small, will make a difference. The indictments cap a three-year, $5 million undercover investigation code-named Operation Black Widow. ." "The defendant expressed that Barrasa had his heart, which Barrasa responded to by laughing," Orlando said. 801(d)(2)(E). 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. "The statement alone is insufficient to prove these preliminary facts." 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." Peggy attempts to instigate this conflict for her own personal reasons but Villanueva seems to recognize this. 2013, defendant Carlos Cervantes, aka "Lil Huero" and "Doug," stabbed and slashed the victim's head . 1959(a)(3). (August 17, 2015 Disclosure, Ex. This is just one investigation. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. 1 0 obj 456 Followers, 1,867 Following, 812 Posts - See Instagram photos and videos from Sheldon Villanueva (@sheldonvillanueva) "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.". 2009). Some gang members even ended up testifying against themselves. October 10, 1976. 1045 at 3) does not suffice. 783,7 831, 832, 833, 846, 1021, 1022, 1023, and 1024. i (1) 2nd Expert Disclosure Letter of August 17, 2015 with attachments: (2) Discovery Letter of August 21, 2015, enclosing the follow relevant documents: (3) Jail Letter Index of August 21, 2015. Decoud, 456 F.3d at 1014 n.6. Mug Shot for Sheldon Villanueva booked into the Multnomah county jail. California Department of Corrections and Rehabilitation, Movant, represented by Michael Joseph Gonzales Lagrama , California State Attorney General's Office. Norteo gang members pledge their allegiance and loyalty to Nuestra Familia and are instructed on its rules, rituals, and obligations. 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. 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. (Id.) All six lived in the Secure Housing Unit, a prison within a prison at Pelican Bay, and all were eligible for parole. endobj Listed below are those cases in which this Featured Case is cited. 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. This war is about power, control and money. 831 at 3.) 2002)); see also United States v. Williams, 2016 WL 899145, at *8 (N.D. Cal. 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. Feeney also translates the words, "Take care of her things to do list for the summer," to mean "Hit (kill) Demon." (Docket No. [that adds `e' or `ez' to words.]." Fed. Cr. Magdaleno also admitted that he orchestrated and participated as the hitter in the February 25, 2013, removal of a victim from the jail. 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. Federal Courthouse Villanueva was charged with the murder and was relocated to a high security unit at the Riverside jail. Castaneda, 16 F.3d at 1507. Completed Federal Capital Cases Involving an Inmate - 10/22/2015 Dublin, Keith E.D. Have him hit, stabbed, killed." . or the fact of occurrences tied to Nuestra Familia. Theyre very creative.. The eight pleaded guilty in San Francisco to charges of operating the prison gang as a racketeering enterprise. Henry Cervantes, Defendant, represented by John Timothy Philipsborn , Attorney at Law. endobj . United States v. Mouzin,785 F.2d 682, 692 (9th Cir. Eventually the probe involved agents from the FBI, the state Department of Corrections and several local police agencies, working under the direction of the U.S. attorney's office in San Francisco. 985, Opinion 320 ("Karen Bauer is intermediary for letters t/from Cervantes and Villanueva. 2014); United States v. Freeman,498 F.3d 893, 902 (9th Cir. 2 0 obj Five of the defendants will be sentenced to life in federal prison, and three will get 10-year terms. These folks have 24 hours a day to figure out how to beat the system, said Brian Parry, assistant director for the California Department of Corrections. established that vicarious liability must be predicated on acts that were reasonably foreseeable to the defendant."). 5dk*@WlLLOz(.CN8we3_/?:i}"(hG$ua +U4i. Your donation will help us continue to cover COVID-19 and our other vital local news. .'" 617, 628-29) (emphasis in original). 1962(d). 783, 831, 832, 833, 846), and motions in limine filed by Andrew Cervantes ("A. Cervantes") (Docket Nos. (PARADIGMMEDIA) Unplugged, does not make any warranties about the completeness, reliability and accuracy of this information. (Id.) A .gov website belongs to an official government organization in the United States. 928 at 15.) Bridgeforth, 441 F.3d at 869.2. Further, basic statements of law stemming from Pinkerton v. United States,328 U.S. 640 (1946) are not in dispute. 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. However, with respect to those alleged coconspirators not charged, e.g., Skip Villanueva, a sufficient proffer has not been made. 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. No claims to the accuracy of this information are made. % As addressed at the April 8, 2016 hearing, the government may not admit evidence of A. Cervantes's prior conviction or incidents that predate the time period to which the Court has limited the evidence in this case. (quoting United States v. Benson,941 F.2d 598, 605 (7th Cir. (See Docket No. Fed. One inmate told sheriff's investigators that in the days leading up to Carlin's murder, Villanueva had suggested his cellmate was a child molester, even though the elder man was charged with felonious assault and making criminal threats -- not sexual offenses. The information and photos presented on this site have been collected from the . id. Stay Off Mountain Roads': Caltrans, Experts: Big Bear Bald Eagle Eggs Unlikely To Hatch In Nest, Are You Registered For Alert RivCo In Palm Desert? To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com. 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. She had been stabbed 34 times with a screwdriver, with the wounds patterned like an X across her upper body, according to Orlando. Thus: "`due process constrains the application of Pinkerton where the relationship between the defendant and the substantive offense is slight,' and . "); 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'"). 1986). Parry said its impossible to monitor every single letter, phone call and visit of every single inmate. "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. Men punished Monterey County Jail inmates for not following Nuestra Familia gang rules . Sanchez is living at the home with Peggy and is in a relationship with her daughter Coco. (quoting Robert R. Arreola et al., Federal Criminal Conspiracy, 34 Am.Crim.L.Rev. 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). San Jose: (408) 535-5061. 1959(a)(6). There are mature, veteran gang members directing street gangs throughout California to conduct their crimes.. The following additional defendants have pleaded guilty to crimes as part of the criminal Enterprise and have been sentenced or are scheduled to be sentenced in the case: Assistant U.S. 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 . Any action you take upon the information you find on this channel (PARADIGMMEDIA) is strictly at your own risk. 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. [T]he evidence supported the finding that [the San Bruno ledger] was a statement made or adopted by Gil." It's their reputation at stake." 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. 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. Secure .gov websites use HTTPS ("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."). 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. 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. 1045 at 4-5.) "Of course, identification of the declarant will not, by itself, establish a proper foundation unless the identified declarant is a co-conspirator whose assertions were made in furtherance of and in the course of the conspiracy." 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"). United States District Court, N.D. California. Click on the case name to see the full text of the citing case. Cervantes also admitted that he was a bomber in the February 25, 2013, removal of a victim, and that he punched and kicked the victim to inflict the maximum damage possible and to allow the hitter to escape. R. Evid. 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. Id. (Docket No. 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. 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