nuestra familia on death row

Castro's counsel had no objection to introduction of the October 22 conversation, although he did object to those portions of the October 28 conversations which referred to Castro. The People cogently note that the evidence established the existence of a conspiracy among Hernandez, Castro and Dominguez to kill one of the Fierros in order to promote their own interests within the Nuestra Familia. If I had the courage or the heart, I would have ended it long ago. "At first, when (gang members) would come to our side, we'd throw a party," said Kitty Constantinides. 3 Hernandez met with several Nuestra Familia members in the Chinatown area, including Tonito Castro. 19, Hernandez also testified about the obligations and responsibilities of Nuestra Familia members. We wish they were all here, every day.. They appeal. The three men traveled to and set up surveillance at a particular residence. FN 27. App. Steve Fierro told Fred Santa Cruz that he had been shot. Hernandez noted that he saw Tonito at the apartment and met another organization member named Sammy Dominguez. Letters between the defendants, dozens of them, are a cornerstone of the prosecution's case. FN 8. The rap group sold thousands of copies, and many members possessed the album. 551] and People v. Jackson (1967) 254 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. fn. 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. 3d 489], Sometime during October 1977, Hernandez, Marina Christina "Chris" Cobos, Marian Saballa Maldonado, Marian Martinez, and Dominguez went to San Jose. In 2016, state governor Gavin Newsom banned executions taking place in California - leaving the prisons death chamber built in 2008 unused. 28.2% of death-row prisoners are age 25 to 44. and 54.8% are 50 or older. [11], Members of Nuestra Familia are known to wear red bandanas ("red rags") to identify themselves. App. (Id, p. 617, italics added.) 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. She also carried information to superiors [121 Cal. Alex responded, "Yeah," and departed from the liquor store to a party at another location. "They like to talk about 'the struggle' or 'the cause,' but who are they killing? The main Nuestra Familia trial now under way involves four defendants accused of seven murders, conspiracy and assorted violent attacks. Rptr. In addition to the trial in Murphy's courtroom, which began in January and was set to go to the jury last week, another two trials with six defendants are under way just upstairs. 3d 661, 669 [95 Cal. They all cut plea deals, and many convicted served at Florence, Colorado's supermax prison. 1, 457 P.2d 841]; People v. Lopez (1969) 1 Cal. Hernandez was subsequently arrested in Hayward on November 2, and Castro was apparently arrested sometime after the shooting. Here, we go behind bars to take a look at what its death row is really like. But the trials have also provided an intimate, through-the-looking- glass view into a shadowy American subculture. "They were not the kind of guys who would have killed Sheila Apodaca. The Nuestra Familia was not recognized as a prison gang by the California Department of Corrections and Rehabilitation until 1979. Unlike most of his gang associates, Salazar had skills to make a living in Silicon Valley. 3d 490], The three men then drove to another location in Bakersfield and contacted Eugene Villarreal. 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 . Castro said he knew where the Fierros "hung out." App. The officers followed the car for a short time and soon activated the red light on their patrol car. On a self-appointed mission of vendetta, Sailor Boy and Mundo journeyed up to Bakersfield to visit two Nuestra Familia drug dealers. the Nuestra Familia/Nortenos vs. the Mexican Mafia/Surenos. FN 19. 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. FN 20. (People v. Williams (1981) 115 Cal. He was classified as a "Grade B" prisoner at San Quentin, based on violent tendencies and gang membership. [11] Pointing to the fact that he was sentenced to life imprisonment plus a one-year enhancement per Penal Code section 12022, subdivision (a), Castro now contends that imposition of the enhancement was an abuse of sentencing discretion and a denial of equal protection. The trial court admitted Farr's testimony under Evidence Code section 352. Newsom's proposed budget for the fiscal year starting 1 July seeks $1.5m to find new uses for the vacant death row housing. App. [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. 3d 492] shooting, Hernandez testified that Castro was located in between two cars and was repeatedly yelling, "This is the N.F. 28-29; Jackson, supra, at pp. He got the tattoos "because I wanted the notoriety," he said. 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. We now address appellant's separate contentions. App. 2d 711, 714, 91 S. Ct. "Is that trial still going on? This motion was denied by the judge hearing the section 995 motion. No contrary result is dictated by the recent case of People v. Fulks (1980) 110 Cal. Serna belonged to the notorious Northern California Latino prison gang Nuestra Familia. 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. 21 For these reasons, we find Perez inapposite to the present circumstances. The members are known as "soldiers." We are not persuaded; however, before giving our reasons, we believe it important to reexamine the challenged testimony. Rptr. The court further ruled that several references to Tonito could be introduced because they were not substantially incriminating. Pero todo se complicar cuando un peligroso asesino en serie comience a dar caza a los no humanos. 2d 755, 761 [290 P.2d 855]) and disallowed derivative standing for purposes of asserting "knock-notice" requirements (People v. Cook (1977) 69 Cal. The trial court denied defense counsel's oral motion to exclude references to the "probation" or "parole" officer. 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. by thewestside May 20th, 2008, 2:20 am, Return to Mexico, Central America, South America & the Caribbean, Powered by phpBB Forum Software phpBB Limited. Although a "continuing" conspiracy is not probable in some situations (see People v. Pic'l (1981) 114 Cal. "When they had the funeral, it was terrible. With regard to the assault count, the information alleged that both defendants were armed with a handgun during the commission of the offense (Pen. 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 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. Hernandez was given complete immunity in the municipal court for his testimony at this trial. Stretch, U.S. Assistant Attorney General Leslie R. Caldwell of the Justice Department's Criminal 3d 78, 85 [81 Cal. 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. "It was a blow to the whole community," said her relative. During questioning by the prosecutor, witness Cobos related the following as part of a conversation she earlier had with appellant Dominguez: "Q. 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. The pages are decorated with tiny whimsical faces. 15K subscribers David Contreras and Carlos Chacon talk about the Nuestra Familia in San Diego. 12 Fuentes was arrested as a suspect, although he was eventually released. We agree. Founded in 1968 in Folsom Prison or in the Soledad Correctional Training Facility, Nuestra Familia originated as a prison gang that was formed by rivals of the Mexican Mafia, a Sureos gang. 3d 504] pursuant to Welfare and Institutions Code section 604 so that the juvenile court could hold a second fitness hearing on the assault charge. But in 2006 the prison was criticised for inhumanely injecting inmates. Child murderer Edward Schaefer was fatally stabbed in the neck and chest with a home-made weapon described as a bone-crusher in 2010. 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 14. If they did not retaliate, Hernandez indicated they would be branded as cowards and killed by their gang. [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. 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. Among the group of people were Alex and Fred Santa Cruz, Steven Fierro and David Rodriguez. FN 12. The men were lying in wait to kill Chollo in the event of his arrival. [121 Cal. Rptr. But now he's softened his approach with preppy turtleneck shirts and slacks. 2 Hernandez described the Nuestra Familia as a rigid, militaristic organization in which members are required to follow orders and to remain loyal to the group under penalty of death. Sammy Simenthal Dominguez and Anthony Castro were charged with having committed murder (Pen. "I wanted them to notice the wheelchair less, and notice me more. 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. (Poeple v. Leach, supra, 15 Cal.3d at p. [12] Castro finally contends that he is entitled to additional custody credits and to good-time/work-time credits. [20] The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. In a small town like this, you remain close, in touch, even when you haven't seen each other in years. (Id, at pp. They found no shortage of young men willing to sign up, with money and power seducing many Mexican-Americans to joining the gang. 3d 738, 749-750 [169 Cal. 435. Quando uma segunda mulher assassinada, os habitantes da cidade se revoltam e o "recm-chegado" Hunter acaba virando um dos suspeitos. He then set their bodies on fire and went outside and smoked a cigarette. On 18 May 2000, NF gang member Casper (who was Rubelcaba's right-hand man) was released from jail and was ordered to run the street operations of the gang, becoming the leader of NF on the outside. "A death sentence isn't something one readily accepts," she said. They adopted a public profile, promoting a gangster rap album by G.U.N. But the prison is still no walk in the park. "Bobby said he did love her, but as it says in the bonds, you gotta put the NF first, and so he called the hit. FN 13. Cobos testified that she was living in the Salinas regiment. A fourth man, Eddie Pajaro Vargas, 55, was also convicted of murder and conspiracy to commit crimes including murder. (People v. Love (1977) 75 Cal. Hernandez said that he waited in the car while Dominguez and Castro attempted to "coax [Villarreal] into giving [them] some ammunition." 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. 445-446; People v. Pic'l, supra, 114 Cal.App.3d at p. [121 Cal. 532].). "A. The lieutenant of the Salinas regiment was Arthur "T-Bone" Lasolla. Members agree to commit crimes such as murder . nom.,Kramer v. California (1976) 424 U.S. 926 [47 L. Ed. Rptr. Thus, since Castro's statements were admissible under the coconspirator exception, there was no confrontation or Aranda (People v. Aranda (1965) 63 Cal. 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. Hernandez noted that the person "didn't run any more," although Hernandez "could see him moving around." 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 . Rptr. At some point, the three men picked up Manuel, and Dominguez drove to a house where Chollo could supposedly be found. "They killed their own. According to counsel, the municipal court overruled this objection. 3d 495] admonished jurors that Castro's statements were inadmissible hearsay as to Dominguez unless it was found that the statement was made by Castro in the furtherance of a conspiracy. 2d 213, 222-224, 91 S. Ct. 210]; People v. Brawley (1969) 1 Cal. Another nine of the original 21 defendants have turned state's evidence -- including Vincent "Chente" Arroyo, the gang's reputed general, and Ronald Shelton. (Cf. The amount of testimony devoted to Dominguez' participation in gang activities made it unlikely that jurors found him "guilty by association.". Trujeque was once kidnapped and roughed up by fellow gang members who suspected him of not attending to gang business. Co-defendant Eddie "Pajaro" Vargas faces life in prison. He saved the D.A. Although there was no solid proof that the Nuestra Familia stole the guns, evidence that the guns came from the Salinas area did corroborate Hernandez' testimony regarding the origin of the weapons. 402], cert. The indictments against the Nuestra Familia, released in 1992, charged 21 defendants with plotting and committing six murders. 3d 404, 408-409 [160 Cal. Rules of Court). 478.) (People v. Guillebeau (1980) 107 Cal. Despite the fact that they are facing -- at the least -- a life behind bars, the defendants seem to bask in the perverse prestige of their dangerous-gangster roles. 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. (Id, at pp. Rptr. 3d 505]. 17 to the jury which carefully limited application of the evidence pursuant to the coconspirator exception. fn. 45], citing People v. Woodberry (1970) 10 Cal.

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