Last year the prison was accused of letting Covid-19 run rampant throughout the cramped and overpacked prison. The rap group sold thousands of copies, and many members possessed the album. Rachel and another one of Paniaguas sisters, Cynthia, testified during the trial about severe abuse they and their brother endured at the hands of their father. Fabio Garza a Nuestra Familia soldier is murdered for stealing money belonging to the gang and using heroin. Rptr. The cumulative testimony of eyewitnesses provided a solid base for finding Dominguez guilty; the jury did not have to resort to a conviction based upon guilt by association. App. Since then 11 inmates have been put to death by lethal injection. The indictments against the Nuestra Familia, released in 1992, charged 21 defendants with plotting and committing six murders. 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. Hernandez said that he waited in the car while Dominguez and Castro attempted to "coax [Villarreal] into giving [them] some ammunition." 3d 505]. She grew up with that thing: I have to stick with my guy, he said of his late niece. Allen R. Crown and Quin Denvir, State Public Defender, under appointments by the Court of Appeal, Stanley Kubochi and Richard L. Phillips, Deputy State Public Defenders, for Defendants and Appellants. Prison personnel gave Serna CPR and called an ambulance, but he was pronounced dead about 8:35 p.m. A cause of death is pending. den. Public interest has fallen off in the years since the murders, and the life-and-death courtroom drama now plays itself out in front of Superior Court Judge Kevin Murphy, the jury and a nearly empty house. 3d 499] exceeded its prejudicial effect. Answers & Questions about gangs, organized crime, graffiti & gang activity around the World, Unread post (Harrington v. California (1969) 395 U.S. 250, 254 [23 L. Ed. [6] Pursuant to Penal Code section 995, Castro pursued a pretrial motion in which he claimed that the assault count of the information must be set aside. She also carried information to superiors [121 Cal. Alex responded, "Yeah," and departed from the liquor store to a party at another location. California has not executed anyone since 2006. The Hispanics would have a lot more power in prison and on the streets if they weren't divided amongst themselves, i.e. "Were it not for Lopez and his big mouth, law enforcement would have had a much harder time solving this case.". The View co-host shared an Instagram post paying tribute to her mom and being grateful for the time she spent with her . Rptr. FN 2. Some, like Sheila Apodaca's family, live too far away to follow the case, and assumed it had been resolved years ago. Thirteen of the defendants faced the death penalty. "But in terms of being responsible for causing these deaths, he's probably the central figure. FN 4. This makes gang recruitment a harder sell. 3d 508]. They appeal. [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. They just said they had a shoot out with police officers. Villarreal and Castro escaped by jumping over fences and running through nearby yards. 3d 686, 690 [138 Cal.Rptr. App. Stretch, U.S. Assistant Attorney General Leslie R. Caldwell of the Justice Department's Criminal 675].) 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. . Hernandez stated that the three men went to the park and waited for the Fierros' arrival in order to kill them. (Evid. He was shot by Rico Garcia at a meeting with him in a hit ordered by the imprisoned NF leaders, and the assassination led the police to also police their prisons and not just the streets. We believe this makes Leach inapposite to the instant case. (Id, at p. The order will prevent the state from putting prisoners to death by. Immediately thereafter, [121 Cal. Castro and Hernandez went to the Fresno regiment the day after the shooting. We note that during voir dire examination the jury panel was asked about their knowledge of Mexican gangs known as the Nuestra Familia and the Mexican Mafia. App. Under rule 425 of the California Rules of Court, criteria affecting the decision to impose consecutive rather than concurrent sentences include: crimes involving separate acts of violence or threats of violence; crimes involving multiple victims; crimes having circumstances in aggravation. The main Nuestra Familia trial now under way involves four defendants accused of seven murders, conspiracy and assorted violent attacks. But the prison is still no walk in the park. The national death-row population has declined for 20 consecutive years, as sentence reversals, executions, and deaths by other causes are outpacing new death sentences. The prosecutor then asserted that, following the juvenile court fitness determination, a complaint was filed charging Castro with both the murder and assault counts. When the bullet-torn bodies started turning up on the streets and playing fields of San Jose, it was quickly obvious that a gang war had broken out. FN 10. Nia (Neitz) Rados, 32, of Enola, passed away Tuesday, March 23rd, 2021. 25, First, Castro has failed to show that Dominguez' extrajudicial statements fn. 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. "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.". During the [121 Cal. The Fierro brothers were known enemies of the Nuestra Familia. Code, 187) and an assault with a deadly weapon (Pen. Manage all your favorite fandoms in one place! He saved the D.A. The NF is alleged in the indictment to be a criminal enterprise that was created to organize, protect, discipline, profit from, and maintain the . The pages are decorated with tiny whimsical faces. (See People v. McGautha (1969) 70 Cal. Nuestra Familia gang member Armando Frias noticed him in Cap's Saloon, but although he was on the hit list, he needed Casper's permission. Rptr. fn. [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. Rptr. App. She is also survived by a brother, Ethan Neitz, of Mt. (Id, at pp. Under George Collord, the police gathered informants in prison, including "Red Raider", who revealed the leadership structure of the gang. She was 21 when she died. (People v. Guerrero (1976) 16 Cal. 12 Fuentes was arrested as a suspect, although he was eventually released. After receiving a letter warning him that Sheila Apodaca was "involving you in the recent homicide on two well-known vatos" and "needed to be put in check," Lopez replied: "In response to your most welcomed and vital message . Rptr. Rptr. The defendants are accused of killing Tony "Little Weasel" Herrera, Larry Valles and Esteban Guzman, alleged drug dealers who reportedly balked at paying taxes to the gang; Eli Rosas, said to have "disrespected" other gang members; Marcos Baca, thought to be a snitch, whose body was found on the grounds of Santee Elementary School; and Ray "Chocolate" Perez, a gang wannabe who may have made the mistake of breaking gang rules. But when youre in the Adjustment Center if you want to live amongst the population, you have to do as the population order or dictate that you do.. You're all set! 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. He threw his gun away during the flight and managed to escape police pursuit by obtaining refuge in the nearby house of Raymond Briseno, a Nuestra Familia member. 3d 446, 453 [171 Cal. They found no shortage of young men willing to sign up, with money and power seducing many Mexican-Americans to joining the gang. Lieutenant Robinson described how one prisoner viciously "retired" guards in the adjustment facility, and said prisoners were punished by fellow lags if they didn't take a chance to attack officials. Appellant argues that these statements were made after the attainment of the objectives of any conspiracy between Hernandez, Castro and Dominguez. fn. We disagree. George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Roger E. Venturi and Maureen A. Daly, Deputy Attorneys General, for Plaintiff and Respondent. fn. 2d 655 [62 Cal. App. This motion was denied by the judge hearing the section 995 motion. At the same time, Cuete Rubelcaba ordered a hit on Casper, whom he used as a scapegoat - Rubelcaba was accused of embezzling money from the gang, so he decided to pin the blame on Casper, the only person who knew that he stole from the gang. (People v. Giminez (1975) 14 Cal. These were proper factors which could be used in imposing a consecutive sentence. Ver en lnea gratis. Here, we go behind bars to take a look at what its death row is really like. 3d 928, 933 [142 Cal. Dominguez made a U-turn and drove by the residence a second time. fn. Among the group of people were Alex and Fred Santa Cruz, Steven Fierro and David Rodriguez. But he was determined to repudiate the gang. We thought maybe (Lopez) was getting out of prison by now," said one relative who asked not to be named. Similarly, Marina Cobos, a Nuestra Familia member acquainted with appellants, testified that gang members killing an enemy earned a "star," which represented respect and recognition within the Nuestra Familia organization. Members of the organization are considered to have taken a "blood oath" to join the gang, and are considered lifelong participants. Serena Williams stepmom's debts continue to spiral amid crumbling home battle, 'Glaring error' left 'habitual liar' Alex Murdaugh 'boxed in' during trial, Alex Murdaugh jailed for life after disgraced lawyer guilty of murder, Murdaugh sentenced to LIFE in prison after being found guilty of double murder, 2020 THE SUN, US, INC. ALL RIGHTS RESERVED | TERMS OF USE | PRIVACY | YOUR AD CHOICES | SITEMAP, No inmates have ever been executed in the prison's 624,000 death chamber, San Quentin has housed some terrifying figures including Charles Manson, The mint green chamber used to both gas and lethally inject the condemned, Death row inmates are kept completely separate from the rest of the prison population, Shanks like these have been found at San Quentin. The basis of this motion was that the trial court was obligated to suspend criminal proceedings and refer the matter to juvenile court if appellant was found to be a minor. FN 14. App. The People argue that there was a "continuing" conspiracy until information about the shootings was relayed to Salinas Lieutenant Lasolla. 852, 511 P.2d 1204]), we conclude Castro has no standing to assert this contention before us. 3d 575, 582-583, fn. 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. 24 Outside of jurors' presence, trial counsel for Dominguez claimed that introduction of the tapes would violate Dominguez' privacy rights and infringe upon his client's confrontation rights. [Citations.]" The court gave comprehensive instructions on the law of conspiracy. Rptr. Furthermore, the court found the introduction of such statements to be error in light of the weakness of the prosecution case. The determination that the evidence relating to the Nuestra Familia was admissible finds support in the case of People v. Beyea (1974) 38 Cal. It's something like: The Mafia meets the Branch Davidians," said Deputy District Attorney Cameron Bowman, whose double-murder trial of four NF defendants began this month. Some were forced to live in the Secure Housing Unit (the "Shoe"), where 12,000 inmates were held in a "prison within a prison" where the inmate was under constant surveillance. 656-657.) In 2008, San Quentin opened a new $853,000 death chamber at the prison - but it will never be used. Before Christmas, he contacted authorities and decided to work with them against Rubelcaba. FN 12. Cadena made overtures to unite La Eme with the rival Nuestra Familia, but his peace talks with "the farmeros" were frowned upon by Joe Morgan and other senior Eme leaders. In a small town like this, you remain close, in touch, even when you haven't seen each other in years. In sentencing Castro, the court noted: "The crime involved great violence. App. Subsequently, however, Villarreal said that both appellants remembered seeing someone drop at the scene of the shooting. 27 [121 Cal. Having sex with another gang member's woman is strictly against the 14 Bonds. Gang Questions, Info & News - West Coast - U.S.A. Gang Questions, Info & News - East Coast - U.S.A. Gang Questions, Info & News - Mid West - U.S.A. Gang Questions, Info & News - South - U.S.A. Gang Questions, Info & News - General - U.S.A. International Street Gangs & Organized Crime, Middle East / South East / Far East - Asia, Mexico, Central America, South America & the Caribbean, Canada street gangs & US Organized Crime, Past Figures, The Infamous & Legends of the Game, Prevention, Intervention, Education and Awareness, Open Section for Other Random Topics & Controverisal issues, http://www.geocities.com/jiggy2000_us/f eline.html. SACRAMENTO, Calif. (AP) One of three men sentenced to death for slayings during the Nuestra Familia gangs alleged efforts to take over the drug trade in San Jose has died while awaiting execution, California corrections spokeswoman Terry Thornton said Tuesday. In 2000 and 2001, 22 members were indicted on Racketeer Influenced and Corrupt Organizations Act (RICO) charges, including several who were allegedly serving as high-ranking gang leaders while confined in Pelican Bay. App. granted Nov. 29, 1979)), there is cogent authority for the proposition that jailhouse monitoring does not infringe the privacy rights specified by the California Constitution. [20], Eventually, three new generals came to power at Pelican Bay, yet two were demoted, leaving only David "DC" Cervantes as the highest-ranking member of the gang in California. App. 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. Afterwards, the men took Anna Ruiz to her house. "A. Texas, USA 1996 Date of Execution: September 18, 1996 Offender: Joe F. Gonzalez, Jr. #999177 Last Statement: There are people all over the world who face things worse than death on a daily basis, and in that sense I consider myself lucky. With regard to Dominguez' references to Castro in the tapes, the court ruled, "I think they have admissibility against Sammy Dominguez to show he knows Tonito and none of them accuse Tonito of anything." On 20 April 2001, federal agents arrested 13 members of NF, including 6 inmates, among them Rubelcaba. Furthermore, the Perez court noted, "The record does not show that the trial court did in fact discharge its duty in these circumstances by weighing the evidence for prejudice against its probative value. Until now, little has been known about its 38-year history and activities. With a plea-bargained sentence of 25 to life, Salazar expects to die in prison. The median education level of death-row prisoners is 12th grade. Hernandez testified that Dominguez and Castro returned with a .38 handgun and cartridges. 17 August 2020. 6.21.). When the shooting started, Fred and Alex Santa Cruz and Steve Fierro ducked behind David Rodriguez' car. Get Morning Report and other email newsletters, Defendant Rodrigo Ortiz Paniagua (cq), 29, was arraigned today for four counts of homicide in Santa Clara County Court in San Jose. He initially showed that Officer Parker, one of the responding policemen, identified one named Freddie Fuentes as the person who exited the right front portion of the station wagon after it slid out of control. Nuestra Familia -- "Our Family" in Spanish -- has been a burr in the tail of law enforcement since 1968, when, as myth has it, the organization sprang to life in the exercise yard at San Quentin. We thus conclude that Dominguez' statements about Castro were not substantially incriminating within the meaning of Bruton or Aranda. FN 11. 13 One of Hernandez' orders was to kill any Nuestra Familia enemies which he and appellants might encounter while in Bakersfield. Evidence from Cobos and other witnesses established that Hernandez and appellants had to kill the Fierros in order to avoid punishment in the Nuestra [121 Cal. Since 1978, when California reinstated capital punishment, 79 condemned inmates have died of natural causes, 24 have committed suicide, 15 have been executed, 11 have died of other causes and three including Serna are pending a cause of death, according to the CDCR. 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. [21] Women are not allowed to become full-fledged members of Nuestra Familia, but are sometimes used for communication and drug-running purposes as they are considered less likely to be noticed by law enforcement agents. This is the N.F.". [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. It simply ruled that the evidence was relevant to either identity, knowledge, or credibility." (See Welf. 3d 496] Familia or, in the alternative, to earn a recognition "star" for purposes of gaining status within the organization. After Hernandez discovered that his ammunition was expended, he shouted, "Let's go" to Dominguez and Castro. "They like to talk about 'the struggle' or 'the cause,' but who are they killing? Nuestra Familia is one of a constellation of race-based prison gangs that organize and direct the growing subculture of California's inmates. FN 28. The Constantinideses and some gang experts are confident that Nuestra Familia is on the ropes. We likewise believe that Castro cannot prevail on his confrontation and cross-examination rights argument. Accordingly, it was not erroneous for the superior court to deny Castro's section 995 motion. Paraplegics have a shorter- than-average life spans, and a gang snitch paraplegic in state prison faces even greater risks. [1b] Applying the above principles, we believe that the jurors could rationally infer that there was a "continuing" conspiracy when Castro made his statements to Hernandez. 3d 661, 669 [95 Cal. 386]; People v. Miller (1960) 185 Cal. ", On an average day on the street, "I'd get up at 10 or 11 and go party," Salazar said. Overwhelming evidence independent of the references in the taped conversations showed the joint participation of Dominguez and Castro. 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. 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. I hope people understand, this is not a way to live.. 402], cert. The court ruled that the tapes were admissible, although irrelevant portions were deleted before presentation to jurors. 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. Moreover, even if the evidence was not admissible under the coconspirator exception, we believe its introduction at trial was not prejudicial to Dominguez. If they did not retaliate, Hernandez indicated they would be branded as cowards and killed by their gang. Were happy now; our girls can finally rest in peace.. "A death sentence isn't something one readily accepts," she said. Nonetheless, this evidence did not establish that he was in custody between those dates. But the first thing Chavez did with the hit list was to quietly slip it to his parole officer, prosecutors say. 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. Before addressing these contentions, we believe the relevant facts should be set forth. 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. 22 We are not persuaded. Herminio Serna, 53, was pronounced dead . Rptr. 477-478.) Death row for men and women will soon be dismantled. Hernandez also fired several shots at a person who was fleeing across a grassy area near the rear of the lot. Everything about this trial had to be done specially, from the remodeled courtroom, with a special glassed-in platform for two of the defendants, to the police snipers on the courthouse roof to the made-to-order cells in the county jail's Security Housing Unit. 359]; People v. Estrada (1979) 93 Cal. [11], Members of Nuestra Familia are known to wear red bandanas ("red rags") to identify themselves. Since evidence about the criminal purposes of the Nuestra Familia was similarly relevant in the instant case, Beyea shows why the trial judge here was justified in allowing its introduction at trial. ", FN 22. None of the other jurors indicated they would convict because of their feelings regarding the gang problem or because of any criminal aura surrounding Nuestra Familia activities. 195.) Code, 604.) In our opinion, this argument fails to demonstrate how motive could have been proved without showing that the Nuestra Familia engaged in criminal and violent acts and that members were obligated to commit such acts under penalty of their own lives. There is no clear showing that an abuse of discretion occurred in the present case. [3] Dominguez next contends that the trial judge abused his discretion when he refused to bar evidence on the criminal purposes of the Nuestra Familia on the ground that it was unduly prejudicial. In addition, Hernandez testified that he was ordered, among other things, to accompany Dominguez and Castro to Bakersfield so that they could report to their parole officer. In light of Thursdays Paniagua verdict, prosecutors also are all but certain to seek the death penalty in an upcoming trial against Samuel Corona for allegedly stomping 6-year-old Oscar Jimenez Jr. to death. The jury of nine women and two men took 21/2 days to agree on the ultimate punishment, rejecting an impassioned argument by defense attorney Traci Owen emphasizing Paniaguas lousy childhood and his sisters pleas that his life be spared. 551] and People v. Jackson (1967) 254 Cal. The court also admonished that the evidence should not be considered against Dominguez if no conspiracy was found. Sign up for our free summaries and get the latest delivered directly to you. There were multiple victims which I have already stated. Holly, paternal grandmother Arla (Neitz) Parker (Myles) of Port Trevorton . 3d 531, 547-548 [166 Cal. App. The three men had guns and were prepared to "open fire" on the Fierros if they arrived. App. Lasolla provided Hernandez with two .22 revolvers and some ammunition. We note that none of the jurors raised their hands when the court asked if they needed clarification in regard to its admonition. 3d 76, 98-99 [155 Cal. The family was split over the death penalty, but united against allowing Paniagua to plead guilty in exchange for a sentence of life without parole. 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." 1, and the Netas. Code, 954; People v. Flint (1975) 51 Cal. ), "It's so sad to see those two kids here at the youth center, and to wonder what they must think," said the relative. App. Rules of Court.) A Northern Structure member who has admitted to setting up Sheila Apodaca and shooting down "Chocolate" Perez, Salazar was a passenger in Lopez's car during the high-speed chase in Fresno. 1 Dominguez was sentenced to state prison for a life term on the [121 Cal. Two of the defendants face the death penalty for ordering murders related to the drug trade. The yearlong trial was one of the costliest in Santa Clara Countys history at $10 million. 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. Letters between the defendants, dozens of them, are a cornerstone of the prosecution's case. "But now they come to us, and we think, 'Well, how much use are you going to be to us?' [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. Shawna Forde, 43, was found guilty of the murder and invasion of the home of Raul Flores, 29, and his daughter, nine-year old, Brisenia. 156-158.) After ascertaining that Chollo was not there, the men returned to the car and took Manuel home. App. The CDCR says that Serna, 53, died late Monday, Dec. 3, 2018, at San Quentin State Prison and that the death is not being investigated as a homicide or suicide but that it will take an autopsy to determine how he died. "At first, when (gang members) would come to our side, we'd throw a party," said Kitty Constantinides. Get free summaries of new California Court of Appeal opinions delivered to your inbox! Pero todo se complicar cuando un peligroso asesino en serie comience a dar caza a los no humanos. In addition, the court denied counsel's motion for mistrial with regard to a certain portion of Cobos' testimony. Members swear fealty to the gang and vow to uphold the "14 Bonds," which mandate secrecy, obedience and respect within the gang. Since this evidence on motive logically and naturally aided the People in rebutting the presumption of innocence and showing a reason for Dominguez' criminal behavior, it cannot be said the trial judge erred in concluding that its probative value [121 Cal. With his androgynous good looks and slender physique, Lopez hardly looks the lethal Romeo who prosecutors say ordered his lover shot, gunned down two men and, after being mistakenly released from San Quentin, was arrested after a high- speed chase that forced another car off a Fresno overpass. 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.
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