(PARADIGMMEDIA) Unplugged, does not make any warranties about the completeness, reliability and accuracy of this information. The crimes listed in last weeks indictment were planned and carried out primarily by prisoners in the toughest section of Pelican Bay. Bridgeforth, 441 F.3d at 869.2. Second, the following opinions do not appear on their face to be based upon Feeney's investigation of this particular organization, but the government's August 2015 disclosure suggests that in fact they might be: Opinion Numbers 1; 2; 7; 8; 17; 18; 19; 32; 53; 58; 59; 72; 74; 76; 79; 82; 84; 86; 89; 92; 151; 184; 187; 188; 243; 259; 270; 278; 294; 438; 476; 485.5 Because of the information contained in the August 2015 disclosure, the Court also RESERVES ruling on these opinions. In order to corroborate or refute this status, the litigants must know the identity of the declarant." 985 at 35.) UNITED STATES OF AMERICA, Plaintiff, 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 guilty pleas were accepted by the Honorable Beth L. Freeman, United States District Judge. In their plea agreements, Magdaleno, Romero, and Cervantes admit to participating in the distribution of narcotics to other inmates at Monterey County Jail. . 928 at 15.) In his motion in limine number 1, A. Cervantes seeks to exclude evidence of a prior conviction in 1999 "for racketeering, which included an admission of solicitation of murder as a racketeering act, in the Eastern District of California. 1045 at 4-5.) Henry Cervantes, Defendant, represented by John Timothy Philipsborn , Attorney at Law. On their face, most of the opinions do not appear to constitute "commonly used" slang. Second, A. Cervantes requests a hearing to determine the admissibility of individual opinions and Feeney's methodology and, in the alternative, moves to exclude proffered opinions from Feeney that the government in its numbered expert opinion filing characterizes as expert testimony under Rule 702, but which could not meet the requirements of that rule and Ninth Circuit case law on expert "translations.". (Id.) (quoting Arreola, 34 Am. 1994)); see also id. 928 at 10.). (See Docket No. Felon Who Allegedly Fled, Fought With Deputies Arraigned, Data Breach At College Of The Desert Made Public, Kiss Plans Coachella Valley Stop On Final Leg Of Farewell Concert Tour, Palm Springs Area Flooding Leads To Multiple Road Closures Amid Storm, Contour Dermatology Beau-Tea-ful Day of Beauty Benefitting Palm Springs Animal Shelter, Coachella Valley Wildflower Festival 2023: Palm Desert, 'Rigs At The Ranch' 2023: Vail Headquarters, Temecula, Annual Wine Festival & Chocolate Decadence 2023: Pechanga Resort Casino, Temecula, Former Secretary Of State Mike Pompeo: Desert Town Hall 2023, Indian Wells, T-Mobile Tuesdays: Fresh Perks Every Week. . 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. They were so successful in persuading gang members to give evidence against their colleagues that had the case gone to trial, the government was prepared to have 24 former gang members and associates testify as prosecution witnesses. 1022 at 1-2.) 783, 831, 832, 833, 846), and motions in limine filed by Andrew Cervantes ("A. Cervantes") (Docket Nos. 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. . For example, a sworn affidavit drafted in connection with the case by FBI Special Agent McCarrell Crumrin said that one Nuestra Familia member who decided to turn state's witness against the gang ended up giving investigators evidence that was used to charge him separately with racketeering. 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 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. or the fact of occurrences tied to Nuestra Familia. 832 at 1-2.) (People v. Prunty (2015) 62 Cal.4th 59, 71 .) The stabbing was allegedly planned in retaliation for an alleged theft of one shoe. 2 0 obj VA No. The Court ordered identification of each opinion sought to be admitted as expert or lay testimony, and the government once again takes the approach that each opinion constitutes expert testimony. "However, Barrasa seemed happy after talking with the defendant.". )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. (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. Shortly after this phone call was recorded, Sanchez was arrested, indicted, convicted and sentenced to over 300 years for his involvement in running a criminal street crew and for allegedly ordering a kidnapping. In accepting the guilty pleas Monday, U.S. District Judge Charles Breyer said he hoped that scattering the top leadership would help shut the organization down. HENRY CERVANTES, et al., Defendants. Castaneda, 16 F.3d at 1507. 2007)). 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. See, e.g., United States v. Moran,493 F.3d 1002, 1010 (9th Cir. Show more. Accordingly, the Court will consider particularized objections and arguments for jury instructions, but H. Cervantes has not yet provided either for purposes of considering whether to exclude any evidence pursuant to this motion. 1045 at 3) does not suffice. 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. United States v. Bridgeforth,441 F.3d 864, 869 (9th Cir. Any use of information, images and other copyrighted material from this channel without permission from PARADIGMMEDIA.com will be followed up and reported. 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. Scores of other members and associates have pleaded guilty to charges arising from the investigation. 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. Parry said its impossible to monitor every single letter, phone call and visit of every single inmate. 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. It has to be done with law enforcement coming together throughout California.. [that adds `e' or `ez' to words.]." Alberto Larez, Defendant, represented by Brian H. Getz , Law Offices of Brian H Getz. San Francisco, CA 94102, San Francisco: (415) 436-7200 (See, e.g., Docket No. 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. Arrested on 09/14/05 for an alleged court offense . [T]he evidence supported the finding that [the San Bruno ledger] was a statement made or adopted by Gil." Gang rules and discipline are maintained by assaulting and threatening those individuals who violate the rules or pose a threat to the organization. 2006). ) or https:// means youve safely connected to the .gov website. See Gadson, 763 F.3d at 1210 (describing testimony about a nickname as "investigation-specific opinion testimony . (Id.) Feeney also translates the words, "Take care of her things to do list for the summer," to mean "Hit (kill) Demon." Now more than ever, your support is critical to help us keep our community informed about the evolving coronavirus pandemic and the impact it is having locally. 985, Opinion 320 ("Karen Bauer is intermediary for letters t/from Cervantes and Villanueva. Also, previously, this Court excluded "opinions identifying specific individuals holding positions in Nuestra Familia . For example, Feeney translates the words, "The poem `Back to Basics,'" to mean "The rules Cervantes implemented for all." Local R. 16-1(c)(4); see also United States v. Cerna, 2011 WL 2119304, at *5 (N.D. Cal. ." Inmates sneak out handwritten coded letters, or micro-writings, often transcribed and forwarded by their spouses and girlfriends and sometimes disguised as legal mail. 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." Click on the case name to see the full text of the citing case. Dunbaugh said additional arrests were likely, but he refused to elaborate. knowingly participated in a conspiracy." at 628-29) (emphasis in original)). 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. established that vicarious liability must be predicated on acts that were reasonably foreseeable to the defendant."). . 985 at 37, Opinion Number 553.) Id. . An official website of the United States government. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. (Docket No. 2008). % 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. 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. 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.'" 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." Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. [a] summary of any statement the government intends to offer under F. R. Evid. He did, however, express concern the arrests may cause rival gang members to intensify their activities. (Docket No. 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. Share sensitive information only on official, secure websites. Previously, the Court found that Feeney's disclosures set out his experience investigating Nuestra Familia for eight years, without indicating whether Feeney's experience extended beyond the Nuestra Familia. . 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. 1070 at 3 n.1.) 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. 1959(a)(3). '$I6ysphgH0y2&r.B9td?y?86bpDC78v:7xuz0S,}2]x(x/QNWt&{jE% 3\= Qh.%9B.N@>aj@U4yz California Highway Patrol officers encountered Villanueva a quarter- mile west of the scene, walking in the freeway center median. Consent By using our Channel you hereby consent to our disclaimer and agree to its terms. "); id. /sNZ<7m'QP`JN@\1k2#!Q7mt/vC|LB)]@%fJ@H=NqYrG%g#OnK"J0Ac87\Ip&'q`6HOM!0V \/ 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. A locked padlock Based on the filings in this case and oral argument, the Court issues the following Orders. Thus, these opinions might possibly be admissible as expert testimony if the government demonstrates for each coded word to be translated how it meets the Rule 702 and pertinent case law requirements. . Mar. Cf. The government's updated filing proffers five hundred seventy-six "coding" opinions. 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. This is just one investigation. He was paired with Carlin in Housing Unit 17 at the Smith Correctional Facility. 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. 2007); United States v. Decoud,456 F.3d 996, 1014 (9th Cir. Fed. Peggy attempts to instigate this conflict for her own personal reasons but Villanueva seems to recognize this. Thus, the Court GRANTS the motions WITHOUT PREJUDICE to future motions if pertinent to a rebuttal. In Decoud, for instance, "the expert gave a lengthy explanation of how he interpreted `diznerty' based on his understanding of a common speaking style . . United States v. Osazuwa,564 F.3d 1169, 1176 (9th Cir. . . 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." Cf. N.D. Cal. 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. Please see the exhibits to the United States' Second Expert Disclosure, which provide detailed summaries of the content of the jail calls. 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." Decoud, 456 F.3d at 1014 n.6. The $5 million investigation turned up evidence that the Nuestra Familia dealt drugs, committed burglaries, robberies and murders and trafficked in illegal weapons. Twelve men and one woman face federal charges of murder, robbery, conspiracy and drug-related crimes. 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. .Gov website did, However, Barrasa seemed happy after talking with Defendant. Without PREJUDICE to future motions if pertinent to a rebuttal to intensify their.. 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