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"Were it not for Lopez and his big mouth, law enforcement would have had a much harder time solving this case.". 3d 502] the evidence was relevant (1) as corroboration of Hernandez' testimony about the three men being sent to Bakersfield with guns obtained from the Salinas area, and (2) as independent proof that the weapons had originated from the Salinas area six weeks prior to their recovery from an area near the Virginia Street residence. Because of the "three strikes" initiative, gang members are going to prison for life at younger and younger ages. Early in the trial, one female reporter was hustled out of the room and threatened with arrest when a bailiff mistakenly accused her of smiling and nodding at a defendant. Nuestra Familia - Wikipedia Captain Henry "Happy" Cervantes was heard discussing a plan to kill two San Jose district attorneys, but Casper refused to allow the order. People v. Dominguez (1981) - Justia Law But legal observers said the jury was likely swayed by the particularly violent way the little girls died. Death row exonerees including Kwame Ajamu, right, listens to speakers during a Witness to Innocence news conference marking the organization's 15th anniversary at the at the National Constitution . During his trial, prosecutors said members wanted to control San Joses drug trade and command respect on the streets, and to achieve those goals, members killed associates who disobeyed orders and witnesses who threatened to expose them. Nuestra Familia, which claims San Jose as its home turf, is second in influence. Holly, paternal grandmother Arla (Neitz) Parker (Myles) of Port Trevorton . We thus conclude that Dominguez' statements about Castro were not substantially incriminating within the meaning of Bruton or Aranda. 's lives, and continued to host meetings over the next four months that were taped. Casper was sent back to prison for communicating with the gang, violating his parole, and was sent back for six months. The last meals of US prisoners on death row. 166, 548 P.2d 366]; People v. Schader (1969) 71 Cal. 3d 493] the officers observed a similar vehicle at a nearby intersection. fn. Having sex with another gang member's woman is strictly against the 14 Bonds. Hernandez "was going to be in charge of collecting all the money that the prostitutes in Fresno made during the night.". The last meals of US prisoners on death row - BBC News After a five- to twenty-minute interval, no one showed up at the residence, and Castro told the men about a place where they could obtain some more ammunition for the .38. Code, 245, subd. Not so. The NF imposed "gang taxes" on drug dealers and prostitutes to help them gain a flow of income, and in the 1990s, their ranks swelled to more than 1,000 gang members. Members of the organization are considered to have taken a "blood oath" to join the gang, and are considered lifelong participants. We initially set forth the segments of testimony pertinent to Dominguez' second contention. FN 27. Dominguez cites People v. Chambers (1964) 231 Cal. "At first, when (gang members) would come to our side, we'd throw a party," said Kitty Constantinides. In addition, it was alleged that Dominguez personally used a firearm within the meaning of Penal Code section 12022.5. . In legal motions filed over the past four weeks, defense attorneys for 15 alleged members of the Nuestra Familia the prison gang that governs the Northern California-based Norteo and . Among the group of people were Alex and Fred Santa Cruz, Steven Fierro and David Rodriguez. We disagree; the evidence was relevant on the issue of motive and the trial court astutely guarded against allowing tangential evidence of a prejudicial nature to be introduced into the trial proceeding. We likewise believe that Castro cannot prevail on his confrontation and cross-examination rights argument. The largest of the federal investigations was Operation Black Widow. Following a 22-day trial, the jury returned guilty verdicts and found the allegations alleged in the information to be true as to both defendants. Second, Castro's contention is flawed on the merits. Regarding his claim to good-time/work-time credits, this is compelled byPeople v. Sage (1980) 26 Cal. But this was a rivalry with a twist. We wish they were all here, every day.. Former gang members testified against the defendants in exchange for lesser sentences. According to Mrs. Cobos, the car was purchased so that some Nuestra Familia "brothers" could "go back to their home town to report in to their parole officers." fn. It was further alleged that, in the commission of the murder, a principal was armed with a handgun (Pen. fn. (Harrington v. California (1969) 395 U.S. 250, 254 [23 L. Ed. The first. 675].) Although both Hernandez and Castro reported to the Salinas regiment, Hernandez testified that he made his trip from Fresno with an individual named Mackie Bacage. [121 Cal. ", On an average day on the street, "I'd get up at 10 or 11 and go party," Salazar said. In Leach, there was no independent evidence of the existence of a "continuing" conspiracy to justify the admission of some statements under the coconspirator exception to the hearsay rule. All three men were convicted of conspiracy to commit murder, robbery, extortion and witness intimidation. 28.2% of death-row prisoners are age 25 to 44. and 54.8% are 50 or older. 160-161; People v. Martin (1971) 17 Cal. The court then noted, "They are only being tried for this one crime, not all the other crimes that the Nuestra Familia might have done. Rptr. He became a suspect in Sailers death after a positive DNA hit in 2006. Ver: Death Row Diner 1988 Pelcula completa en espanol. Location: 2700 N. Virginia Street ~ Reno, NV Telephone: 775-323-0133 Fax: 775-323-1229 Email: omos@CatholicCemeteryReno.org Gates and Mausoleum Buildings are open every day of the year (weather permitting) from 8:00 a.m. until 4:30 p.m. App. The group of individuals was carrying two revolvers and cartridges given to them by Lasolla. 619] (hg. 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App. The facts necessary for a resolution of this contention are as follows. Another nine of the original 21 defendants have turned state's evidence -- including Vincent "Chente" Arroyo, the gang's reputed general, and Ronald Shelton. (Poeple v. Leach, supra, 15 Cal.3d at p. Hernandez reported the information from Castro, as well as other information about the shooting, to Salinas Lieutenant Lasolla. He then set their bodies on fire and went outside and smoked a cigarette. Code, 604.) 833, 502 P.2d 1305, 57 A.L.R.3d 155]; People v. Rodriguez (1981) 117 Cal. FN 19. Castro has failed to show that the trial court's sentence was arbitrarily imposed or the product of whimsical thinking. FN 9. Serna belonged to the notorious Northern California Latino prison gang Nuestra Familia. The Vanguard prison gang was recently demoted to the status of a mere "disruptive group" by corrections officials. For more info, see @itsavanlife on Instagram and our Facebook group,Full House: Inside the Bay Area housing shortage. Brian Parry, head of the Special Services gang unit for the state Department of Corrections, says that big prosecutions are often followed by a flurry of gang activity, as the second-string thugs compete for the vacant positions. 156-158.) The respective conversations occurred on October 22 and 28, 1977. 3d 501] of his association with the Nuestra Familia. FN 24. (See discussion in People v. Hackett (1981) 115 Cal. 91].). 2d 59, 71 [8 Cal. Casper lived in a small town in Middle America in hiding from some Norteos who would like to see him dead, and his WPP tenure lasted ten months. Outside the Hall of Justice, Chavezs relatives expressed gratitude to the jury and praised prosecutor Matt Braker. He was validated as a member of the Nuestra Familia prison gang in December 1997. 618.) He added that Chavez never thought Paniagua would kill her, even though he had threatened to five years earlier. Inside San Quentin death row where killers are mauled with 'bone (People v. Owens (1980) 112 Cal. Apodaca was Lopezs lover, who had threatened to tell authorities what she knew about the gangs involvement in other killings. fn. Thirteen of the defendants faced the death penalty. There are currently 741 offenders on death row in the state. The gang was an enemy of the Mexican Mafia, and it decreed that all Nortenos ("northerners") were members of the NF, granting them protection from "La Eme" (the Mexican Mafia) behind bars. 907].) 12 Fuentes was arrested as a suspect, although he was eventually released. Watch for a series this summer on her personal solution to the housing crisis -- spending her nest egg on turning a cargo van into what will eventually be her full-time home. The officers activated a siren and continued pursuit. Schaefer, 44, of Novato was repeatedly gored in a prison yard by an unnamed inmate and died the same day. In Beyea, the trial court denied defendants' motion to exclude evidence of their membership in the Hell's Angels group. Hernandez did not testify that he and appellants had visited Villarreal on an earlier occasion. He predicates this claim upon comparison with the sentence levied upon Dominguez, which included imposition of a concurrent two-year enhancement for use of a firearm. He makes two subsidiary contentions in this regard: (1) introduction of the taped statements violated Dominguez' state constitutional right to privacy, and (2) admission of the conversations violated his rights to confront and cross-examine witnesses. The order will prevent the state from putting prisoners to death by. Castro was "hit" in one of his fingers. fn. He looks keenly at everyone who enters or leaves the courtroom, though spectators are warned not to look back, because communication with the accused is strictly forbidden. The Fierro brothers were known enemies of the Nuestra Familia. I realized that at some point, after Sheila got killed," Salazar said. He is one of three men sentenced to death for slayings during the Nuestra Familia gang's alleged efforts to take over the drug trade in San Jose. But "Everybody did it," Salazar shrugged. The police warned Castillo about the NF threat, but Castillo ignored them. The defendants' unseemly scramble to turn coat not only made the cases easier to prosecute -- it began what law enforcement hopes may be the unraveling of the gang itself. 3d 706, 713-716 [173 Cal.Rptr. [14] At the time of Operation Black Widow, law enforcement officials had estimated that Nuestra Familia was responsible for at least 600 murders in the previous 30 years. The death is not being investigated as a homicide or suicide but that it will take an autopsy to determine how he died, Thornton said. (Welf. 6 In addition, Lasolla indicated that the men should kill any enemies of the Nuestra Familia which they might encounter in Bakersfield. Rptr. He was displaying highly vicious behavior and he was very much an active participa[nt]." Northern District of California - United States Department Of Justice So is drug use. The main Nuestra Familia trial now under way involves four defendants accused of seven murders, conspiracy and assorted violent attacks. Paniagua is accused of stabbing his girlfriend, who was pregnant, and his two daughters, 6 and 3 years-old. 2d 284, 287-288, 89 S. Ct. 1726]; People v. Epps, supra, 34 Cal.App.3d at pp. 279].) (a)). Rptr. Get free summaries of new California Court of Appeal opinions delivered to your inbox! 853-854 (statements involving concealment after the objective of the conspiracy has been fulfilled)), the present circumstances show otherwise. by SUR 14 May 19th, 2008, 11:21 pm, Unread post He was a witness to a murder at San Quentin and knew the Nuestra Familia . (Opinion by Zenovich, J., with Hopper, Acting P. J., and Andreen, J., concurring.). App. 532].). On a self-appointed mission of vendetta, Sailor Boy and Mundo journeyed up to Bakersfield to visit two Nuestra Familia drug dealers. App. Plaintiff Bobby Lopez was convicted of three gang-related murders and sentenced to death in 1997. "My guy has never been shown to be the triggerman, just a loudmouth who hasn't done much except write a lot of letters and blow off lots of steam.". I want you to try to zero in on his words as much as you can so that we are hearing what he said at that time? Death Row Diner (1988) Pelcula Completa Online Gratis Answers & Questions about gangs, organized crime, graffiti & gang activity around the World, Unread post "I guess a homicidal maniac could be telling the truth," said Provini. fn. Rptr. [23] After months of investigation, at least 37 alleged gang members were arrested during the raids conducted. The 20 Most Notorious Women on Death Row - Stay At Home Mum A gang member sentenced to death in 1997 for multiple murders in San Jose died at San Quentin State Prison on Monday, according to the California Department of Corrections and Rehabilitation.. This evidence was relevant because (1) it explained the presence of the three men in Bakersfield on October 21, and (2) it showed that the men dutifully followed the orders given by Nuestra Familia superiors. La familia del estudiante de derecho afirma que se enter de que fue 3d 510] conduct credits to which appellant Castro is entitled upon Castro's application for administrative determination of such credits. Alex responded, "Yeah," and departed from the liquor store to a party at another location. Time on Death Row | Death Penalty Information Center But given the amount of double- dealing on the part of almost everyone involved, it's a mystery why the familianos trusted each other at all. App. Each individual 6x9 foot cells are covered in tight heavy mesh - making seeing outside almost impossible. App. We disagree. The facts to be recited are taken from the transcript of oral arguments on the section 995 motion. OAKLAND - Four members of the Nuestra Familia criminal organization - including the top gang leader - were sentenced to federal prison today for racketeering, murders, robberies, drug offenses, and related acts announced U.S. Attorney Brian J. [5] Also at the trial, Colleen Farr, owner of the Country Cousin's Sporting Goods in Watsonville (near the Salinas area), testified that the two .22 weapons used at the Virginia Street shooting had been stolen from her store on September 7, 1977. Rptr. "All of this 'High Noon' playing around just littered the streets with bodies," said Deputy District Attorney Catherine "Kitty" Constantinides. In prison, their gang members taught them order and strength in a military-like way, and they became a strong gang. The members are known as "soldiers." Until now, little has been known about its 38-year history and activities. 424, 384 P.2d 16], cert. However, gracia again and just maybe in the near future we can show you our appreciation in some form or fashion.". County officials say they have spent $10 million so far, and the expenses continue to mount. App. 26 substantially inculpated or incriminated him. All right, I will still overrule the objection because it does tend to show it is a criminal organization. Death Row Around 2, 500 prisoners currently face execution in the United States. granted June 25, 1980); De Lancie v. Superior Court (Cal.App.) The order will prevent the state from putting prisoners to death by granting temporary reprieves to all 737 condemned inmates on Californias death row, the largest in the nation. 330].) One district judge accused the prison for allowing lags to writhe in pain as they died due to a lack of staff training and the poorly lit gas chamber used for injections. [22], In the aftermath of Operation Black Widow, the five highest-ranking leaders of Nuestra Familia, James "Tibbs" Morado, Joseph "Pinky" Hernandez, Gerald "Cuete" Rubalcaba, Cornelio Tristan, and Tex Marin Hernandez, were transferred to the United States Penitentiary, Florence ADX, the federal supermax prison in Colorado. [121 Cal. In addition to the defendants, whose ankles are shackled to bolts in the courtroom floor, the cast includes seven defense lawyers -- two apiece for the death penalty defendants and one for Vargas; Kitty Constantinides and her husband and co- counsel, Deputy District Attorney Charles Constantinides; and four or five armed and watchful bailiffs. While the Mexican Mafia had initially been created to protect Mexicans in prison, there was a perceived level of abuse by members of La eMe towards the imprisoned chicanos from rural farming areas of Northern California. The People argue that the evidence had probative force as far as showing Dominguez' motive for shooting at Wolfie. Hernandez and Castro attempted to obtain the guns from the station wagon; Castro aimed the .38 out the window and emptied it in the yellow car as it sped away. "Wolfie" Fierro was believed to be a sympathizer of the Mexican Mafia, a rival gang. 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 . [1a] Dominguez initially contends that the lower court erred in failing to exclude appellant Castro's extrajudicial statements to Hernandez because they were prejudicial hearsay statements not within the coconspirator exception to the hearsay rule. She also carried information to superiors [121 Cal. Even in lockdowns, NF members were able to communicate using fishing lines, and they could educate their friends about making crude weapons and using codes. (Id, at p. In the absence of a clear showing that its sentencing discretion was arbitrary or irrational, a trial court is presumed to have acted to achieve legitimate sentencing objectives and its discretionary determination to impose consecutive sentences will not be set aside on review. A proper calculation demonstrates, however, that he was entitled to 228 days. The men walked into the backyard of the house indicated to be the residence of Chollo. ], This site is protected by reCAPTCHA and the Google. Those who dont want to be gang-affiliated walk alone and face a constant battle to stay outside the gang system. 733], " it is [not] Bruton or Aranda error to admit in evidence the admission or confession of one defendant, which reflects his commission of a crime that is revealed by the physical evidence, because it might reflect on the issue of whether or not a crime was actually committed by not only the declarant but also by another, whom evidence, other than the confession, links to the declarant's activities." 551] and People v. Jackson (1967) 254 Cal. PDF MEXICAN MAFIA TIMELINE - Murderpedia 3d 531, 547-548 [166 Cal. Instead, the evidence about the criminal purposes of the Nuestra Familia was relevant to prove the motive for the shooting of Wolfie Fierro. Rptr. You can explore additional available newsletters here. Appellant has not augmented the appellate court record to reflect any previous disposition by juvenile court judges. 386]; People v. Miller (1960) 185 Cal. Finally, we believe the admission of Castro's statements was harmless in light of the overwhelming evidence which placed Dominguez at the scene of the shooting and which implicated him in the killing of Wolfie. 8 The three men gave pursuit, but lost the yellow car. 208] in support of his proposition. fn. 17 August 2020. Two days after Mattox arrived he was tested, but only found out he was positive five days later and placed in a filthy isolation cell. The last time local prosecutors persuaded a jury to impose the death penalty was in 1997, when three Nuestra Familia gang members James Huevo Trujeque, Herminio Spankio Serna and Bobby Lopez were sentenced to death for multiple killings. fn. Court of Appeals of California, Fifth Appellate District. The abstract of judgment allows Castro only 220 days of custody credits. "At one point, I really did believe in the Northern Structure and Nuestra Familia," Salazar said. Rptr. They were unsuccessful in this attempt. Robert Alton Harris - who murdered two teenage boys in 1978 - was the last prisoner gassed to death in San Quentin. As the verdicts were read to a hushed courtroom filled with the victims relatives and lawyers eager to learn the outcome of the rare capital case, Paniagua had no visible reaction. 359]; People v. Estrada (1979) 93 Cal. 1454].). Careful examination of the record shows that Castro's trial counsel objected to admission of the taped conversations and specifically requested deletion of the references to his client which were subsequently played before jurors. nom.,Kramer v. California (1976) 424 U.S. 926 [47 L. Ed. This motion was denied by the judge hearing the section 995 motion. Us being locked in here, its like were watching this virus get steadily closer to us and theres nothing we can do.. "We were outnumbered, and we needed unity. App. People v. Burgener - California Supreme Court Resources A former courts reporter, she is now reporting primarily on consumer issues, and welcomes any tips/suggestions, especially on how to make ends meet in the Bay Area. Code, 12022, subd. Trujeque was once kidnapped and roughed up by fellow gang members who suspected him of not attending to gang business. Although initially stating that both appellants made the statement, Villarreal clarified that it was only Dominguez who actually said "they had dropped a card and they had got them good and he had seen one of them drop." After the 2016 moratorium on executions, the biggest danger to death row inmates now is suicide. (Anne-Marie McReynolds/ Mercury News). "There is a philosophical component to the Nuestra Familia. [8] Castro then contends that the trial judge erroneously allowed the People to introduce taped jail conversations between appellant Dominguez and Dominguez' mother, since certain statements in the conversations tended to inculpate him. On October 21, 1977, Lasolla ordered Hernandez to go to Bakersfield with Dominguez and Castro so that appellants could report to their parole officer. In invalidating the admission of various extrajudicial statements under Bruton/Aranda principles, the appellate court noted under its factual circumstances that "the statements were not offered for the purpose of being added to otherwise admissible evidence, but for the sole purpose of being improperly playedoff against each other so as to demonstrate the collective consciousness of guilt of the three defendants." Dominguez was clearly placed at the scene of the killing. [4] On several occasions at the trial, Cobos testified about the manner in which the Nuestra Familia assured that their members on parole reported to parole officers. [16], Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. 'The View' Co-Host Ana Navarro Confirms Mother's Death Rptr. 11 At the request of both appellants, Villarreal entered the station wagon and agreed to accompany the three men for purposes of obtaining more ammunition for the .38. FN 3. We note that none of the jurors raised their hands when the court asked if they needed clarification in regard to its admonition.