First major legal battle underway in huge California Nuestra Familia 675].) [Citations.] During questioning by the prosecutor, witness Cobos related the following as part of a conversation she earlier had with appellant Dominguez: "Q. (Anne-Marie McReynolds/ Mercury News). Some law enforcement agents speculate that the Nuestra Familia gang, which operates in and out of prisons, influences much of the criminal activity of thousands of Norteo gang members in California. FN 12. Historica Wiki is a FANDOM Games Community. 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. (People v. Giminez (1975) 14 Cal. Alex responded, "Yeah," and departed from the liquor store to a party at another location. 161, 461 P.2d 361], cert. Victims' families wrestle with grief as they weigh the death penalty on the ballot. 3d 176 [113 Cal. Politician Apologizes For Suggesting Hanging Death Row Inmates From A (California Department of Corrections and Rehabilitation via AP), Connect with the definitive source for global and local news. Serna had been on death row since Nov. 26, 1997. With a plea-bargained sentence of 25 to life, Salazar expects to die in prison. (1969)393 U.S. 1104 [2 L. Ed. 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. 386]; People v. Miller (1960) 185 Cal. 14. Casper was sent back to prison for communicating with the gang, violating his parole, and was sent back for six months. 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. San Jose killer found dead in San Quentin cell - The Mercury News ", FN 22. Thirteen of the defendants faced the death penalty. Those who dont want to be gang-affiliated walk alone and face a constant battle to stay outside the gang system. 13 One of Hernandez' orders was to kill any Nuestra Familia enemies which he and appellants might encounter while in Bakersfield. 3d 788, 793 [108 Cal. It notes that death row and its supporting activities are in the same . Rptr. Nuestra Familia are prison enemies of the Southern chicanos who consisted of La eMe, better known as the Mexican Mafia. for cert.,sub nom., McGautha v. California (1971) 402 U.S. 183, 186 [28 L. Ed. 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. Subsequently, however, Villarreal said that both appellants remembered seeing someone drop at the scene of the shooting. The indictments against the Nuestra Familia, released in 1992, charged 21 defendants with plotting and committing six murders. The determination that the evidence relating to the Nuestra Familia was admissible finds support in the case of People v. Beyea (1974) 38 Cal. Until now, little has been known about its 38-year history and activities. Rptr. Lopez had arrived in San Lorenzo as a teenager, and quickly made a reputation as a heartless tough guy. "At first, when (gang members) would come to our side, we'd throw a party," said Kitty Constantinides. Their only way to earn their status as the NF was to spend time in prison. Under Gov . They found no shortage of young men willing to sign up, with money and power seducing many Mexican-Americans to joining the gang. The facts to be recited are taken from the transcript of oral arguments on the section 995 motion. 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." On a self-appointed mission of vendetta, Sailor Boy and Mundo journeyed up to Bakersfield to visit two Nuestra Familia drug dealers. 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. We've turned a lot of people down.". 3d 509] failed parole miserably. As in Epps, testimony by numerous witnesses (such as Cobos and Hernandez) establishes that Dominguez and Castro were acquaintances and brothers in the Nuestra Familia. The median education level of death-row prisoners is 12th grade. Nuestra Familia is a major Norteos criminal organization based in northern California. The prosecuting attorney indicated that Castro had been found unfit to be tried as a juvenile on the murder count pursuant to Welfare and Institutions Code section 707. First, Castro does not demonstrate why he should be able to derivatively defend the rights of privacy possessed by Dominguez. (hg. Hernandez exited out of the right front passenger door, pointed a gun toward the police, and ran from the scene. App. "San Jose wasn't such a low-crime area before we began this prosecution," Constantinides said. Former gang members testified against the defendants in exchange for lesser sentences. Death Verdict for 3 in Nuestra Familia Gang / San Jose jury ends The California Department of Corrections is directed to forthwith give full effect to the modification stated above and is directed to determine the presentence [121 Cal. Lieutenant Sam Robinson told KALW Radio: Here on death row, we classify them as grade A and grade B. Accordingly, it was not erroneous for the superior court to deny Castro's section 995 motion. 656-657.) 22 We are not persuaded. Both Dominguez and Castro reported seeing someone "drop" during the shooting. . 203]. Nonetheless, this evidence did not establish that he was in custody between those dates. 3d 824, 886 [171 Cal. But "Everybody did it," Salazar shrugged. Serna belonged to the notorious Northern California Latino prison gang Nuestra Familia. 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. La familia del estudiante de derecho afirma que se enter de que fue ", Turncoat and quadruple murderer "Lucky" Shelton, for instance, has been referred to even by the prosecution as a "homicidal maniac.". The 20 Most Notorious Women on Death Row - Stay At Home Mum 55.5% of death-row prisoners have never married; 19.6% are divorced or separated; 21.3% are currently married; and 3.6% are widowed. The abstract of judgment allows Castro only 220 days of custody credits. The three men then returned to Villarreal's residence in an unsuccessful attempt to obtain more ammunition for the .38. Although our Supreme Court is presently considering cases involving the privacy rights of jail inmates (People v. Maxie (Cal.App.) 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 . It was further alleged that, in the commission of the murder, a principal was armed with a handgun (Pen. 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. Frias did not get the orders to not kill him, and a hidden security camera showed Frias shooting Sanchez in the back of the neck - Sanchez was killed, and he fell into the alley. No exact legal authority has been found on this point, although the courts have allowed derivative standing for purposes of suppressing evidence (Kaplan v. Superior Court (1971) 6 Cal. 2d 518 [47 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. As Dominguez made a right-hand turn onto Ninth Street, the station wagon slid out of control, hit a fence, and eventually stopped. App. November 17, 1960 William J. Veader Shooting Potter County. Villarreal said that Dominguez and Castro excitedly told him about "dropp[ing] a card" and about shooting at some people who were standing in front of a house. "But in terms of being responsible for causing these deaths, he's probably the central figure. "The murder rate dropped by about half.". "They had some very good leadership, and bright-line rules that you didn't cross. The trial court's instructions to jurors--that evidence of association alone does not prove membership in a conspiracy and that the case must be separately considered as to each defendant (CALJIC Nos. FN 6. 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. Pero todo se complicar cuando un peligroso asesino en serie comience a dar caza a los no humanos. While the recognized leaders of Nuestra Familia in Pelican Bay ask that members respect the former leaders, they have been effectively stripped of their authority. Second, Castro's contention is flawed on the merits. 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. App. This motion was denied by the judge hearing the section 995 motion. The final tally left 11 wounded and mafia member . But Charles Constantinides points to San Jose's unusually low violent crime rate as proof that prosecutions have an effect. Rptr. (See People v. McFarland, supra, 17 Cal. 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. 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. [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. 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. 3d 531, 547-548 [166 Cal. 11. Rptr. I realized that at some point, after Sheila got killed," Salazar said. Yet even ex-gangsters like Salazar have trouble explaining their devotion to Nuestra Familia. Castro informed Hernandez that Castro's brother, Manuel, knew where they could locate Chollo Hernandez. The members are known as "soldiers." In early June, the same jury took less than two hours to convict Paniagua of arson and four first-degree murders. The three men traveled to and set up surveillance at a particular residence. Nuestra Familia - Wikipedia Gangs like the Mexican Mafia, Nuestra Familia, Nazi Low Riders, the Bloods, and the Crips also operate in the prison. They purchased a white station wagon and returned to Salinas. We initially set forth the segments of testimony pertinent to Dominguez' second contention. Before addressing these contentions, we believe the relevant facts should be set forth. 3d 592, 595-598 [171 Cal. App. But the first thing Chavez did with the hit list was to quietly slip it to his parole officer, prosecutors say. "All of this 'High Noon' playing around just littered the streets with bodies," said Deputy District Attorney Catherine "Kitty" Constantinides. (Lopez has two sons, born one month apart, by different women. Moreover, even if the evidence was not admissible under the coconspirator exception, we believe its introduction at trial was not prejudicial to Dominguez. Wolfie left Fred Santa Cruz' presence, and Fred crawled underneath a car. The men returned to the station wagon and traveled to Villarreal's residence. 852, 511 P.2d 1204]), we conclude Castro has no standing to assert this contention before us. 3d 510] conduct credits to which appellant Castro is entitled upon Castro's application for administrative determination of such credits. When they turned onto Virginia Street, the three men saw a group of people talking and drinking beer near two parked cars. 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. 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. 3d 277, 288-291 [82 Cal. Next, Hernandez, Dominguez and Castro each visited their respective mothers. 3d 500], The lower court did not abuse its discretion by admitting limited evidence about the Nuestra Familia's criminal purposes. 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. 5. fn. By 1961, administrators at DVI, alarmed by the escalating violence, had transferred a number of the charter eMe members to San Quentin, hoping to discourage their violent behavior by intermingling them with hardened adult convicts. No heroin, for instance, because it makes you lazy. . Membership in the gang extends beyond prison. 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. (Evid. In the instant case, joinder of the murder and assault charges was necessary in order to avoid the prohibition against multiple prosecution.