nuestra familia on death row

Lasolla provided Hernandez with two .22 revolvers and some ammunition. for cert.,sub nom., McGautha v. California (1971) 402 U.S. 183, 186 [28 L. Ed. 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. (Cf. FN 5. (Accord People v. McFarland (1971) 17 Cal. Castro and Hernandez went to the Fresno regiment the day after the shooting. Before Christmas, he contacted authorities and decided to work with them against Rubelcaba. 263]). Dominguez' reliance on People v. Leach (197515 Cal. The trio did not see any of the Fierros; accordingly, they left the park around midnight. (b). 2d 368, 374 [69 Cal. Hernandez also fired at the vehicle once. Si bien la familia de una vctima no se puede restaurar cuando se lleva a cabo una ejecucin, un castigo menor socava el valor que le damos a la proteccin de la vida. Furthermore, the venire panel (from which the jury was selected) indicated it would not find defendants guilty because of their Nuestra Familia ties. Their prison stronghold was Pelican Bay, where their main leaders lived. 3d 928, 933 [142 Cal. 3d 807, 822-823 [95 Cal. 1137]) is misplaced. Rptr. Letters between the defendants, dozens of them, are a cornerstone of the prosecution's case. 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." Court of Appeals of California, Fifth Appellate District. "The circumstances of his death are being investigated,". (a)). My family and I were hopeful for a different outcome and prayed to God to help all affected by this tragedy, Rachel said in the e-mail. Serna was sentenced to death by a Santa Clara County jury on Nov. 21, 1997, for the murders of Esteban Guzman, Marcos Baca and Sheila Apodaca. Paraplegics have a shorter- than-average life spans, and a gang snitch paraplegic in state prison faces even greater risks. App. (Anne-Marie McReynolds/ Mercury News). 26 substantially inculpated or incriminated him. sub nom.,Baker v. California (1971) 400 U.S. 993 [27 L. Ed. Rptr. 2d 441, 91 S. Ct. 462]; People v. Pic'l. Rptr. 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. As Dominguez made a right-hand turn onto Ninth Street, the station wagon slid out of control, hit a fence, and eventually stopped. 6.21.). [20] The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. 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. Until now, little has been known about its 38-year history and activities. First, Castro does not demonstrate why he should be able to derivatively defend the rights of privacy possessed by Dominguez. 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 members are known as "soldiers." If they did not retaliate, Hernandez indicated they would be branded as cowards and killed by their gang. June 12, 1981. 3d 404, 408-409 [160 Cal. The last meals of US prisoners on death row. The men walked into the backyard of the house indicated to be the residence of Chollo. 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. THE PEOPLE, Plaintiff and Respondent, v. SAMMY SIMENTHAL DOMINGUEZ et al., Defendants and Appellants. Two more trials with one defendant apiece are still pending. [21] Nuestra Familia's written constitution allegedly states that no member should prioritize women, money or drugs over their membership in the gang. 3d 824, 875-877. The court also admonished that the evidence should not be considered against Dominguez if no conspiracy was found. 3d 470 [170 Cal. The Chemistry of Death - 1 Temporada Legendado. FN 18. DPIC Page: Conditions on Death Row The Vanguard prison gang was recently demoted to the status of a mere "disruptive group" by corrections officials. [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. Not so. In December 2000, another Nuestro General stepped in on Casper's behalf and Cuete backed off the hit order, but Casper wanted revenge. App. on defendant McGautha's petn. From this point onward, the rules applicable toward criminal cases were operative. Some of the victims had no close family or had destroyed their family ties through drug use and criminal activity. Overwhelming evidence independent of the references in the taped conversations showed the joint participation of Dominguez and Castro. Click on the photos to learn more about the crimes that put them there. The Mexican Mafia, referred to as La Eme (the Spanish pronunciation for the letter M), is undisputedly at the top of the gang roster, with the most members, affiliates and turf in California. 16 Unlike Leach and more akin to Saling (seeLeach, supra, at p. 432), there was independent testimony from Hernandez, Cobos and Villarreal which established that the Fierro killing was gang-motivated and that communication of the incident was essential to achieve recognition in and avoid punishment within the Nuestra Familia. Luke 2:33-35 Jesus' father and mother were amazed at what was said about him; and Simeon blessed them and said to Mary his mother, "Behold, this child is destined for the fall and rise of many in Israel, and to be a sign that will be contradicted and you yourself a sword will pierce so that the thoughts of many hearts may be revealed." Traditionally, there are the "Seven Sorrows of Mary . The women said they were angry with Paniagua for the killings, but implored the jury to spare his life. His partners in crime, 66-year-old James Trujeque and 53-year-old Bobby Lopez Jr., were also sentenced to death that year for a series of gang-related murders in the San Jose area. (Id, at pp. In the letters, the writers often assume women's names, substituting Rhonda for Ron, for instance. All three men were convicted of conspiracy to commit murder, robbery, extortion and witness intimidation. At the outset, we believe Castro is barred from pursuing his first contention because of his failure to provide an adequate appellate record. After traveling for a short distance, the station wagon came to a stop; Hernandez and appellants wiped fingerprints off of the car and the guns. [14] While members of the Norteos gang are considered to be foot soldiers of Nuestra Familia, being a member of Nuestra Familia itself does not signify association as a Norteo. Babo Sosa, his brothers Manos and Buggy, and Art the Rock Beltran are discussed in this exclusive. According to court records, Lopez once ordered a "green light," or hit, on Vargas. Dominguez was clearly placed at the scene of the killing. App. The final tally left 11 wounded and mafia member . The three men then returned to Villarreal's residence in an unsuccessful attempt to obtain more ammunition for the .38. "The murder rate dropped by about half.". ", Another of the bitter legacies of Sheila Apodaca's murder is that her son, now 9 years old, is growing up an orphan -- his father died several years ago -- in the same small town as one of Bobby Lopez's sons. Sincethe prison opened in 1893, 215 inmates were hanged at San Quentin and a further 194 were gassed from 1938. 2d 798, 89 S. Ct. According to mountains of court files and the gang members themselves, the much-vaunted "family" at the heart of Nuestra Familia is a profoundly dysfunctional one -- a soap opera tangle of duplicity, adultery, drugs and betrayal. The indictments against the Nuestra Familia, released in 1992, charged 21 defendants with plotting and committing six murders. 393, 528 P.2d 1], disapproved on other grounds in People v. DeVaughn (1977) 18 Cal. Grade B are the individuals who are the opposite of that, who are non-programmers or gang affiliates or whatever the case may be.. At 1:25 a.m., Bakersfield Police Officers Record and Parker received a broadcast which included a description of a white station wagon wanted in connection with an attempted murder. 3d 333, 336 [124 Cal. Shelton was commander of the NF's San Jose regiment, and Lopez his newly minted second-in-command, prosecutors say. App. While all Nuestra Familia soldiers and captains in California are expected to follow the orders of Cervantes, a small percentage of the gang remains loyal to the former generals and captains imprisoned in Colorado. "Those individuals were assaulted to the point where their injuries were extremely severe and they were never, ever able to return to duty.. We've turned a lot of people down.". Shortly thereafter, however, on September 12, 1986, defendant got into a struggle with deputies who were transporting inmates from the Riverside County jail to court. 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. Afterwards, the men took Anna Ruiz to her house. (California Department of Corrections and Rehabilitation via AP), Connect with the definitive source for global and local news. 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. 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. Castro said he knew where the Fierros "hung out." 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. (People v. Guillebeau (1980) 107 Cal. Recently, a persuasive body of authority has cogently recognized that the coconspirator exception to the hearsay rule does not violate a defendant's right to confront and cross-examine witnesses. As Dominguez stopped the car and Hernandez began to depart from it, the group began to scatter. Dominguez cites People v. Chambers (1964) 231 Cal. Lieutenant Sam Robinson told KALW Radio: Here on death row, we classify them as grade A and grade B. Thus, since Castro's statements were admissible under the coconspirator exception, there was no confrontation or Aranda (People v. Aranda (1965) 63 Cal. January 13, 1943 11 members of the 38th street gang are sentenced to prison for the murder of Jose Diaz. (People v. Guerrero (1976) 16 Cal. 320].) Since no reasonable expectation of privacy exists in jail telephone conversations and the [121 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. fn. "He can't help himself," said Charles Constantinides. (Rule 425 (a)(2), (a)(4), (b), Cal. 3d 277, 288-291 [82 Cal. 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 . Serna, nicknamed Spankio, was sentenced to death by a Santa Clara County jury in 1997 for the murders of Esteban Guzman, Marcos Baca and Sheila Apodaca. App. fn. Accordingly, it was not erroneous for the superior court to deny Castro's section 995 motion. A fourth man, Eddie Pajaro Vargas, 55, was also convicted of murder and conspiracy to commit crimes including murder. Two other gang members James Hueveo Trujeque, 66, and Bobby Silent Lopez Jr., 53 remain on death row. Serna resembles nothing so much as a wide-eyed college student, and Trujeque could be a portly businessman -- except for the metal anklet above his black loafers. 330].) At least one suspected murder weapon was recovered - made from bed parts and larger than a typical prison shank. He was validated as a member of the Nuestra Familia prison gang in December 1997. Their only way to earn their status as the NF was to spend time in prison. After a second U-turn, Dominguez stopped the car near the group of people and Castro asked whether Wolfie was there. 401]; People v. Watson (1956) 46 Cal. Hernandez said that he was required to report such activities to Lasolla. 551] and People v. Jackson (1967) 254 Cal. Tracey Kaplan is a reporter for the Bay Area News Group based at The Mercury News. 3d 446, 453 [171 Cal. Chavezs uncle, Robert Gutierrez, said Chavez was exposed to domestic violence at an early age, which may have normalized the behavior and blinded her to the possible outcome. Loyalty between the men is expressed by phrases such as "Yes, love" and "I loves you too much." On this Wikipedia the language links are at the top of the page across from the article title. An examination of these cases shows that their factual situations are quite divergent from the present one. Hernandez opined that the fleeing person "was trying to dodge bullets." Rptr. The three men also became obliged to kill the Fierros after the attack upon them outside of the liquor store. Today 670 condemned inmates - including wife-killer Scott Peterson - are on the prisons chilling death row. "But now they come to us, and we think, 'Well, how much use are you going to be to us?' den. FN 1. Code, 352.) 477-478.) Rptr. (See People v. McGautha (1969) 70 Cal. App. However, extensive legal challenges are likely to delay his execution date for some 20 years. App. As noted earlier, David Hernandez was told to accompany Dominguez and Castro to Bakersfield and was given three orders to carry out. [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. 619] (hg. fn. 3d 509] failed parole miserably. fn. The district attorney agreed with this assessment. "San Jose wasn't such a low-crime area before we began this prosecution," Constantinides said. 19, Hernandez also testified about the obligations and responsibilities of Nuestra Familia members. Instead, prosecutors say, the 10 victims were executed by their own underworld friends and "family" in a misguided campaign to revitalize the Nuestra Familia prison gang in San Jose. nom.,Kramer v. California (1976) 424 U.S. 926 [47 L. Ed. Paniagua is accused of stabbing his girlfriend, who was pregnant, and his two daughters, 6 and 3 years-old. Serna had been on death row since Nov. 26, 1997. You're all set! ", On an average day on the street, "I'd get up at 10 or 11 and go party," Salazar said. 3d 788, 793 [108 Cal. They claim the bloodletting didn't begin for several months, not until Bobby "Silent" Lopez and Ronald "Lucky" Shelton were paroled and meshed their murderous energies in an attempt to assert control. (Chambers, supra, at pp. [9a] Castro then contends that it was an abuse of discretion to deny his motion for a mistrial because witness Cobos' testimony about statements made to her by appellant Dominguez substantially incriminated him. Although our Supreme Court is presently considering cases involving the privacy rights of jail inmates (People v. Maxie (Cal.App.) Rptr. (See Welf. 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. 649, 491 P.2d 1], app. Fabio Garza a Nuestra Familia soldier is murdered for stealing money belonging to the gang and using heroin. by Common Sense August 23rd, 2007, 11:01 am, Unread post The facts to be recited are taken from the transcript of oral arguments on the section 995 motion. Rptr. Herminio Serna, 53, died late Monday at San Quentin State Prison after he was found unresponsive in his single cell. Under these circumstances, any error was harmless beyond a reasonable doubt. The police warned Castillo about the NF threat, but Castillo ignored them. In arguing that the court abused its discretion under Evidence Code section 352, fn. 3d 499] exceeded its prejudicial effect. The five-year sentence on the assault count was stayed pending completion of the sentence on the murder count. 9.5% of death-row prisoners had a prior homicide conviction. From Villarreal's residence, the three men drove to a liquor store across from a park on California and King Streets and purchased some beer. Nuestra Familia is a Mexican - American prison gang that was founded in Soledad prison, California in 1968. 2d 518.) "They had some very good leadership, and bright-line rules that you didn't cross. 3d 494]. 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. 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. "Wolfie" Fierro was believed to be a sympathizer of the Mexican Mafia, a rival gang. 3d 531, 547-548 [166 Cal. . 7. Nationwide, as of October, there are over 2,500 men and women sitting on death row that consist of 1,062 Black people, 1,076 White people, 343 Latinos, 24 Native Americans, 47 Asians and one. 23 [121 Cal. It was further alleged that, in the commission of the murder, a principal was armed with a handgun (Pen. On October 21, 1977, Lasolla ordered Hernandez to go to Bakersfield with Dominguez and Castro so that appellants could report to their parole officer. And after they call a hit, you gotta do it.". (hg. 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. Following completion of a court-ordered diagnostic report by the California Youth Authority, Castro was sentenced to a life term on the murder count and a one-year enhancement was imposed pursuant to Penal Code section 12022, subdivision (a). The leadership vacuum resulted in a power struggle between prospective generals. No. Herminio Spankio Serna, 53, was found unresponsive in his one-person cell on death row, said CDCR spokeswoman Terry Thornton. [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. Attorney General Kamala Harris announced the arrest of Nuestra Familia members on June 8, 2011 Since the written constitution of the Norteos stated that the gang's leaders resided in Pelican Bay State Prison in California; the relocation of the five leaders led to turmoil among its members. Cobos said that she carried orders to subordinate gang members to get involved with "hits, prostitutions, drugs, anything that would bring in some money to the organization." Prisoner on prisoner attacks were commonplace in the 70s and 80s - but still happen today. He became a suspect in Sailers death after a positive DNA hit in 2006. He was on parole from the Youth Authority and of course had [121 Cal. As the thief brazenly walked the yard in his stolen shoes, the victim and his Northern California friends rose up and fought. Death row for men and women will soon be dismantled. Danny "Woodsey" Reyes and his brother Ronald had been targeted by the Mexican Mafia. Furthermore, the court gave a strong admonition to jurors to limit use of this evidence to Dominguez. 3d 493] the officers observed a similar vehicle at a nearby intersection. However, despite law enforcement's efforts, there were still tens of thousands of NF members, and the new generation was influenced to join the NF through promises of girls, cars, dope, alcohol, good times, parties, staying out late, and other vices. As Hernandez and Castro were crossing the street to rejoin Dominguez who was near the station wagon parked behind the liquor store, a yellow car drove by and someone in the car hollered out "Tonito." 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 . Each also was convicted of committing two or three of five murders. At a subsequent point in the record, the trial court did instruct the jury that "these jail tapes of course were the voice of Sammy Dominguez and apply only to Sammy Dominguez." App. 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. He had arrived at San Quentin just months before, three days after receiving a life sentence for the murder of nine-year-old Melody Osheroff. 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. Were happy now; our girls can finally rest in peace.. Nuestra Familia, which claims San Jose as its home turf, is second in influence. The determination that the evidence relating to the Nuestra Familia was admissible finds support in the case of People v. Beyea (1974) 38 Cal. 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. Hernandez exited out of the right front passenger door, pointed a gun toward the police, and ran from the scene. Join this channel to get access to perks:https://www.youtube.com/channel/UCmfniTEvnOdU5WT76-TouOQ/join 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. App. Although the crimes as a juvenile are not major generally, nevertheless he had been to CYA and it hadn't done any good. Alex Santa Cruz offered testimony in which he described how he and some friends went from the liquor store on California Street to a party at the house on Virginia Street. 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. (See Pen. Casper was sent back to prison for communicating with the gang, violating his parole, and was sent back for six months. Stretch, U.S. Assistant Attorney General Leslie R. Caldwell of the Justice Department's Criminal "They like to talk about 'the struggle' or 'the cause,' but who are they killing? [20], In April 2010, federal and local law enforcement agencies concluded what was considered the most significant effort to dismantle the Central Coast leadership structure of Nuestra Familia. Thirteen of the defendants faced the death penalty. Castro has failed to show that the trial court's sentence was arbitrarily imposed or the product of whimsical thinking. They appeal. 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. 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But Chavezs mother broke out into loud sobs, and a juror dabbed at her eyes with a tissue, as seven armed sheriffs deputies stood guard in case anyone lost control. This makes gang recruitment a harder sell. App. The men unsuccessfully attempted to recover some ammunition from an area near the spare tire. The rap group sold thousands of copies, and many members possessed the album. 28 Since Castro has not included a transcript which shows the court's reasons for so sentencing Dominguez, we believe it would be improvident to strike the consecutive enhancement imposed upon Castro. To this extent, we believe the evidence did aid jurors in identifying appellants (who traveled to Bakersfield from the Salinas regiment) as the individuals who did the shooting on October 21. Hernandez had to get information from Castro so that he could accurately relay a synopsis of the shooting incident to Lieutenant Lasolla. 2d 284, 287-288, 89 S. Ct. 1726]; People v. Epps, supra, 34 Cal.App.3d at pp. 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. Wolfie left Fred Santa Cruz' presence, and Fred crawled underneath a car. On 20 April 2001, federal agents arrested 13 members of NF, including 6 inmates, among them Rubelcaba. Rptr. 852, 511 P.2d 1204]), we conclude Castro has no standing to assert this contention before us. They were unsuccessful in this attempt. Although Hernandez thought "Well, now, I have him," he pulled the trigger again, only to find that the weapon was empty. App. Paniagua, 33, will join about 700 other condemned killers in California on death row. All Nuestra Familia recruits are told of the day when an unnamed Latino inmate's shoes were stolen by a member of the Mexican Mafia, the prison gang whose roots twine deep in the barrios of East Los Angeles. Navarro opened up about her mother after she confirmed her mother had died. Dominguez rested on the evidence presented by the People. (People v. Williams (1981) 115 Cal. In June 2001, Operation Black Widow ended, with 21 NF gang leaders arrested. 2d 818, 836 [299 P.2d 243].). 731]; see also People v. Penrod (1980) 112 Cal. Although a "continuing" conspiracy is not probable in some situations (see People v. Pic'l (1981) 114 Cal. Rptr. California has not executed anyone since 2006. 2d 59, 71 [8 Cal. Rules of Court) and involved a defendant who had engaged in a pattern of violent conduct, was on parole when the crime was committed, and had evidenced unsatisfactory performance on parole (rule 421 (b)(1), (4), (5), Cal.

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