Behind the rhetoric of racial pride lurks the constant threat of sudden death, and not from a stranger's hand. . 3d 506] conversations did not fall within the Lopez or North exceptions, we conclude Castro cannot prevail on this argument. Serna had been on death row since Nov. 26, 1997. We believe this makes Leach inapposite to the instant case. One week after "Little Weasel" Herrera was killed, prosecutors say, Lopez penned a coded letter to the leadership at Pelican Bay State Prison in which every fourth word after punctuation relayed the message. According to the FBI, San Jose had the lowest murder rate of any big city in the United States in 1996. 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 928, 933 [142 Cal. In arguing that the court abused its discretion under Evidence Code section 352, fn. Counsel represented that he argued that Castro was entitled to a second fitness hearing under Welfare and Institutions Code section 707 and that the municipal court was compelled to suspend criminal proceedings pursuant to section 604. Hernandez exited out of the right front passenger door, pointed a gun toward the police, and ran from the scene. 619] (hg. In an interview between sessions in the witness box, Salazar said he turned state's evidence to avoid the death penalty, turn his life around and end four years of solitary confinement. Particular circumstances may well disclose a situation where the conspiracy will be deemed to have extended beyond the substantive crime to activities contemplated and undertaken by the conspirators in pursuance of the objectives of the conspiracy. 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. "The murder rate dropped by about half.". The 7.5 ft, octagonal, lime green death chamber was in use until 1972 when the California Supreme Court criticised the "cruel and unusual" punishment. Dominguez' counsel also argued that his client was guilty of no more than voluntary manslaughter. fn. "The circumstances of his death are being investigated,". She also carried information to superiors [121 Cal. Rptr. Each individual 6x9 foot cells are covered in tight heavy mesh - making seeing outside almost impossible. He saved the D.A. 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. 3d 498, 507, 509 [165 Cal. 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. Hernandez said that he was required to report such activities to Lasolla. 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. [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. 2d 818, 836 [299 P.2d 243].). 208] in support of his proposition. App. 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. Since no reasonable expectation of privacy exists in jail telephone conversations and the [121 Cal. 20 Dominguez contends that the prejudicial evidence about Nuestra Familia activities outweighed its probative value in proving a motive for the killing. Rptr. 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. FN 27. Former gang members testified against the defendants in exchange for lesser sentences. "They killed their own. Rptr. In this regard, Cobos' testimony cannot be regarded as substantially incriminating. 's lives, and continued to host meetings over the next four months that were taped. 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." People v. Dehnel (1979) 99 Cal. FN 11. 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. 3d 497] For example, Villarreal testified that Dominguez told him after the shooting about dropping a "card." "All of this 'High Noon' playing around just littered the streets with bodies," said Deputy District Attorney Catherine "Kitty" Constantinides. den. 5. 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. 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. 3d 824, 875-877. Rptr. Castro and Hernandez went to the Fresno regiment the day after the shooting. She was 21 when she died. App. Rules of Court.) (Cf. 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." He worked for high-tech firms and a medical equipment company until his wife got pregnant by a fellow gang member, and then his life nose-dived into depression, drugs and violence. The largest of the federal investigations was Operation Black Widow. 3d 500], The lower court did not abuse its discretion by admitting limited evidence about the Nuestra Familia's criminal purposes. App. 3d 277, 288-291 [82 Cal. Furthermore, given the other substantial evidence pointing to Dominguez' identity as a participant in the shooting, it is not reasonably probable that he would have obtained a more favorable result had the remarks about his parole status not been made. Today 670 condemned inmates - including wife-killer Scott Peterson - are on the prisons chilling death row. 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. 3d 494]. Lopez had arrived in San Lorenzo as a teenager, and quickly made a reputation as a heartless tough guy. Hernandez opined that the fleeing person "was trying to dodge bullets." 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. The men were lying in wait to kill Chollo in the event of his arrival. Rptr. Rptr. As indicated earlier, any deserters from the organization were subject to an automatic death sentence by current members of the Nuestra Familia. 618.) dism. (Id, at pp. 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. Since the privacy rights asserted here are personal to Dominguez and differ from the in rem nature of suppression proceedings (People v. Gale (1973) 9 Cal. La familia de un joven de 25 aos que muri en un tiroteo en el que particip un oficial emiti un comunicado a los medios de comunicacin diciendo que la polica los est bloqueando. 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. The Kern County Superior Court is directed to prepare a modified abstract of judgment indicating that appellant Castro is entitled to 228 days of custody credits and thereafter forward a copy of the modified abstract of judgment to the California Department of Corrections. 82]) unless an attorney consults with the defendant in a room designed for that purpose (People v. Lopez (1963) 60 Cal. fn. 3d 499] exceeded its prejudicial effect. Sign up for our free summaries and get the latest delivered directly to you. AVONDALE, Ariz. Casi seis meses despus de que la duea de un saln de belleza de Avondale fuera asesinada en su negocio por su esposo, sus hijos y clientes mantienen viva su memoria. [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. The final tally left 11 wounded and mafia member . Rptr. In October 1977, appellants Sammy Dominguez and Anthony "Tonito" Castro, as well as one named David Hernandez, were members of the Nuestra Familia, an organized gang. 3d 68, 72 [120 Cal. 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. fn. (People v. Giminez (1975) 14 Cal. 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. App. Fabio Garza a Nuestra Familia soldier is murdered for stealing money belonging to the gang and using heroin. It simply ruled that the evidence was relevant to either identity, knowledge, or credibility." 203]. This motion was denied by the judge hearing the section 995 motion. As Dominguez made a right-hand turn onto Ninth Street, the station wagon slid out of control, hit a fence, and eventually stopped. Defendants Bobby Lopez, James "Huevo" Trujeque and Herminio "Spanky" Serna all face the death penalty. He added: If [prisoners] dont assault staff when given the opportunity, they will be disciplined by other inmates here in the facility. 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. She is also survived by a brother, Ethan Neitz, of Mt. Rptr. 2d 284, 287-288, 89 S. Ct. 1726]; People v. Epps, supra, 34 Cal.App.3d at pp. Hernandez did testify that Dominguez did not fire any weapon on this occasion. (Id, at p. There are currently 741 offenders on death row in the state. "A. 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. Grade B are the individuals who are the opposite of that, who are non-programmers or gang affiliates or whatever the case may be.. Dominguez was arrested after being found underneath the station wagon. The gang continued to carry out violent actions even after the downfall of 21 of their leaders. OAKLAND - Four members of the Nuestra Familia criminal organization - including the top gang leader - were sentenced to federal prison today for racketeering, murders, robberies, drug offenses, and related acts announced U.S. Attorney Brian J. Hernandez, Dominguez, Castro and Anna Ruiz, Dominguez' girlfriend, departed Salinas later that day in the white station wagon purchased in San Jose. The appellate court agreed stating, "As proof of the defendants' membership in the Hell's Angels was relevant to proof of motive and was material and necessary, we cannot say that the trial court erred in concluding that the evidence's probative value outweighed its prejudicial effect." Gangs like the Mexican Mafia, Nuestra Familia, Nazi Low Riders, the Bloods, and the Crips also operate in the prison. App. 698, 500 P.2d 610]: "It is for the trier of fact--considering the unique circumstances and the nature and purpose of the conspiracy of each case--to determine precisely when the conspiracy has ended. "At one point, I really did believe in the Northern Structure and Nuestra Familia," Salazar said. 22 We are not persuaded. App. "Q. The police warned Castillo about the NF threat, but Castillo ignored them. ", Attorney Guerin Provini, who represents Bobby Lopez, chafes at the unfairness of cutting deals with the gang leaders, then using their testimony in seeking the death penalty against "the Munchkins. Although that court concluded that evidence about membership in the Compton Varrios Tres gang was too prejudicial, a careful reading of Perez shows that the court did not find the evidence probative on the issues of motive or intent. 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. 160-161; People v. Martin (1971) 17 Cal. (Welf. 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. The court ruled that the tapes were admissible, although irrelevant portions were deleted before presentation to jurors. FN 6. The women said they were angry with Paniagua for the killings, but implored the jury to spare his life. Thirteen of the defendants faced the death penalty. 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. Wolfie subsequently died; a post mortem examination showed that his death was caused by a .22 projectile which perforated his aorta. Rptr. (b). Tracey Kaplan is a reporter for the Bay Area News Group based at The Mercury News. 4257. 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. The gang was an enemy of the Mexican Mafia, and it decreed that all Nortenos ("northerners") were members of the NF, granting them protection from "La Eme" (the Mexican Mafia) behind bars. Hernandez had to get information from Castro so that he could accurately relay a synopsis of the shooting incident to Lieutenant Lasolla. 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. His job was to make sure that San Francisco, Sacramento, Oakland, and San Jose all had a regiment in place, and made sure that the regiments were going by the gang's rules. 2d 755, 761 [290 P.2d 855]) and disallowed derivative standing for purposes of asserting "knock-notice" requirements (People v. Cook (1977) 69 Cal. (See Pen. Holly, paternal grandmother Arla (Neitz) Parker (Myles) of Port Trevorton . Hernandez "was going to be in charge of collecting all the money that the prostitutes in Fresno made during the night.".