3d 489], Sometime during October 1977, Hernandez, Marina Christina "Chris" Cobos, Marian Saballa Maldonado, Marian Martinez, and Dominguez went to San Jose. (Harrington v. California (1969) 395 U.S. 250, 254 [23 L. Ed. During the [121 Cal. Oregon,[6] Texas, Utah,[7] Washington[8] Afterwards, the men took Anna Ruiz to her house. (See Pen. (Id, at pp. Owens had asked for a mistrial because two jurors appeared to be nodding off at one point and because of an emotional outburst by Chavezs relatives. App. 353, 407 P.2d 265]) violation. 786, 558 P.2d 872]; North v. Superior Court (1972) 8 Cal. The Epps court concluded that a defendant's statements which did not directly inculpate or refer to his codefendant were not substantially incriminating to the nondeclarant defendant in light of other evidence showing that the two men were acquainted with each other. When compared with the enormous growth of California's prison industry, the effect of the Nuestra Familia trials in San Jose -- and a recent federal prosecution of the Mexican Mafia -- are hard to measure. Rptr. Rptr. Although our Supreme Court is presently considering cases involving the privacy rights of jail inmates (People v. Maxie (Cal.App.) 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. Captain Henry "Happy" Cervantes was heard discussing a plan to kill two San Jose district attorneys, but Casper refused to allow the order. But prosecutors say the coded messages were far from playful, serving to order hits and announce the results. And after they call a hit, you gotta do it.". They found no shortage of young men willing to sign up, with money and power seducing many Mexican-Americans to joining the gang. by Common Sense August 23rd, 2007, 11:01 am, Unread post 1, 457 P.2d 841]; People v. Lopez (1969) 1 Cal. Although he was not a Nuestra Familia member anymore (he dropped out), he wanted to sell his drugs in the same place. 3d 824, 875-877. Castro has failed to show that the trial court's sentence was arbitrarily imposed or the product of whimsical thinking. 3d 686, 690 [138 Cal.Rptr. fn. Sammy Simenthal Dominguez and Anthony Castro were charged with having committed murder (Pen. In both Chambers and Jackson, the prosecution introduced a large quantum of evidence which dealt with crimes committed by codefendants and unconnected to acts undertaken by the respective defendants. The NF has a formal written constitution and a membership of approximately 250, with an additional 1,000 associates. Hernandez also said that Castro said that the person in the driveway was Wolfie. He became a suspect in Sailers death after a positive DNA hit in 2006. 3d 531, 547-548 [166 Cal. 369], questioned on another point inBryan v. Superior Court (1972) 7 Cal. El inspector de la polica Rycroft Philostrate (Bloom) ser el encargado de investigar el ltimo caso: el . 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. App. [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. During questioning by the prosecutor, witness Cobos related the following as part of a conversation she earlier had with appellant Dominguez: "Q. Nonetheless, this evidence did not establish that he was in custody between those dates. (Lopez has two sons, born one month apart, by different women. (a)). Code, 1101, subd. [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. [12] Castro finally contends that he is entitled to additional custody credits and to good-time/work-time credits. 8 The three men gave pursuit, but lost the yellow car. Fabio Garza a Nuestra Familia soldier is murdered for stealing money belonging to the gang and using heroin. [Crim. The three men then returned to Villarreal's residence in an unsuccessful attempt to obtain more ammunition for the .38. (See People v. McGautha (1969) 70 Cal. A determination of fitness on the murder count effectively transferred jurisdiction to the superior court pending the filing of a complaint by prosecuting authorities. 634]), or unless a defendant is lulled into believing that his jailhouse conversations will be private (People v. Hill, supra, 12 Cal.3d at pp. The View co-host shared an Instagram post paying tribute to her mom and being grateful for the time she spent with her . 3d 497] For example, Villarreal testified that Dominguez told him after the shooting about dropping a "card." Hernandez, Dominguez and Castro stayed at the Salinas apartment for a week and became a part of that particular regiment. He was validated as a member of the Nuestra Familia prison gang in December 1997. Since California reinstated capital punishment in 1978, 79 condemned inmates have died from natural causes on the nations largest death row, while 25 have killed themselves and 15 have been executed. Nuestra Familia are prison enemies of the Southern chicanos who consisted of La eMe, better known as the Mexican Mafia. Rptr. 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." Herminio Serna, 53, died late Monday at San Quentin State Prison after he was found unresponsive in his single cell. "Those individuals were assaulted to the point where their injuries were extremely severe and they were never, ever able to return to duty.. 852, 511 P.2d 1204]), we conclude Castro has no standing to assert this contention before us. The challenged statements dealt with Dominguez' inquiries to his mother about Castro's whereabouts since his arrest and about Castro's failure to contact him. 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. Since then 11 inmates have been put to death by lethal injection. We agree. The trial court specifically stated, "Although I felt at first the drugs and prostitution should be left out I think you can certainly show, like you say, it is a criminal organization and not just a church group meeting on Sunday, but I don't want to get in, for instance, all sorts of crimes and I don't think you planned that. A criminalist examining Fuentes on October 22 at 4:30 a.m. found gunpower particles on his hands and certain items of clothing. 5. The senior La Eme leaders ordered the murder of two Familia leaders just prior to an important peace conference between Cadena and Death Row Joe Gonzalez, a NF leader . 2d 476, 88 S. Ct. 1620]; People v. Aranda, supra, 63 Cal. (People v. Owens (1980) 112 Cal. 577, 534 P.2d 65].) den. 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. Mexico, Nuestra Familia (Spanish for "our family") is a criminal organization of Mexican American (Chicano) prison gangs with origins in Northern California. 3d 719, 724 [129 Cal. 2d 213, 222-224, 91 S. Ct. 210]; People v. Brawley (1969) 1 Cal. Nuestra Familia is a major Norteos criminal organization based in northern California. Most of Lasolla's orders came from Death Row Joe Gonzales, one of the head leaders of the Nuestra Familia, who was in state prison at the time. The nickname "Silent" is a kind of joke, prosecutors say, because Lopez is famous for talking too much. 3d 493] the officers observed a similar vehicle at a nearby intersection. Even if the evidence should have been excluded, its admission was harmless in the present case. App. Appellant claims that this determination was erroneous, since the court hearing the criminal charges should have referred him for a juvenile court fitness hearing before proceeding on the assault count. In an e-mail, Paniaguas sister Rachel said she will stand by her brother for the rest of their lives and praised attorney Owens for her stalwart defense. The next thing her family knew, she was dead, shot execution-style in the back of the head on a San Jose street. Apodaca was Lopezs lover, who had threatened to tell authorities what she knew about the gangs involvement in other killings. 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. Join this channel to get access to perks:https://www.youtube.com/channel/UCmfniTEvnOdU5WT76-TouOQ/join (Id, at pp. 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. App. 401]; People v. Watson (1956) 46 Cal. 2d 23 [41 Cal. You're all set! "He can't help himself," said Charles Constantinides. Hernandez testified that the three men might be branded as cowards and killed if they did not retaliate against the Fierros after the Fierros had shot at them. FN 8. 3d 499] exceeded its prejudicial effect. 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. Having sex with another gang member's woman is strictly against the 14 Bonds. Moreover, unlike the situation in Perez, the court below took careful pains to note that it would not allow wholesale introduction of unrelated criminal activities of the Nuestra Familia. According to the indictment, the 17 racketeering defendants were members and associates of the Nuestra Familia ("NF") prison gang, a violent and lucrative organization formed in the 1960s. FN 15. The People argue that there was a "continuing" conspiracy until information about the shootings was relayed to Salinas Lieutenant Lasolla. Hernandez did testify that Dominguez did not fire any weapon on this occasion. 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. Further, inquiry was made as to whether any of them had read articles concerning law enforcement problems with gang warfare among the Mexican American people. East Block - home to 500 convicts - is a towering five storeys high. At a later point, defense counsel moved to strike the testimony, and this motion was denied. The indictments against the Nuestra Familia, released in 1992, charged 21 defendants with plotting and committing six murders. 330].) 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. A pretty girl with lustrous brown hair, Sheila Apodaca had lived all her life in the tiny Central Valley town of San Lorenzo before she hooked up with Bobby Lopez and moved to San Jose. 882].) Given the diverse testimony about the two .22 weapons, it cannot be said that the trial judge abused his discretion in admitting Farr's testimony; the evidence corroborated Hernandez' prior testimony and was independent proof of the origin of the guns. The three men then got back together a few hours later. People v. Leach, supra, 15 Cal.3d at pp. fn. A proper calculation demonstrates, however, that he was entitled to 228 days. 13 One of Hernandez' orders was to kill any Nuestra Familia enemies which he and appellants might encounter while in Bakersfield. Although conceding that "some evidence of the gang's tenets as contained in their constitution was admissible to show intent and motive," Dominguez argues that "motive could have been established without reference to the gang's other, non-related, criminal endeavors." Castro was "hit" in one of his fingers. In a small town like this, you remain close, in touch, even when you haven't seen each other in years. 3d 506] conversations did not fall within the Lopez or North exceptions, we conclude Castro cannot prevail on this argument. Paniagua crept into the bedroom where his pregnant girlfriend and young daughters were sleeping in October 2005 and stabbed them multiple times as they struggled to fend him off. They noted that Scott Peterson, who killed his wife and unborn child, also got the death penalty in a familial case that involved fewer victims. Rptr. Gang fight involving 38th street gang from Long Beach and a Downey gang results in the death of Jose Diaz. FN 14. 434, 452 P.2d 650], affd. Lasolla instructed that, while in Bakersfield, the men were to commit a robbery and kill one named Chollo Hernandez, a dropout from the Nuestra Familia organization. But legal observers said the jury was likely swayed by the particularly violent way the little girls died. We are not persuaded. 2d 711, 714, 91 S. Ct. But he was determined to repudiate the gang. 28-29; Jackson, supra, at pp. Born April 7, 1988 in Camp Hill, PA, she was the daughter of Randal Neitz (Michele Pavone) of Enola and Pamela (Simoncelli) Neitz of Mt Holly. In the 1980s, as the NF grew, it set up a farm team called the Northern Structure, or Nuestra Raza. 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.
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