Captain Henry "Happy" Cervantes was heard discussing a plan to kill two San Jose district attorneys, but Casper refused to allow the order. 731]; see also People v. Penrod (1980) 112 Cal. Hernandez asked for Castro's account because "as a squad leader I was obligated to get all the available information of what had happened so I could in turn inform my lieutenant." 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. The yearlong trial was one of the costliest in Santa Clara Countys history at $10 million. Hernandez was subsequently arrested in Hayward on November 2, and Castro was apparently arrested sometime after the shooting. Rptr. . Officer Parker made his identification of Fuentes from photographs and photographic lineups. 3d 404, 408-409 [160 Cal. [23] After months of investigation, at least 37 alleged gang members were arrested during the raids conducted. Hernandez stated that the three men went to the park and waited for the Fierros' arrival in order to kill them. In the letters, the writers often assume women's names, substituting Rhonda for Ron, for instance. With regard to the assault count, the information alleged that both defendants were armed with a handgun during the commission of the offense (Pen. 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 . 3d 609 [168 Cal. East Block - home to 500 convicts - is a towering five storeys high. To prompt a deeper understanding of the death-penalty system in the US, photographer Jackie Black recreated the last meals requested by . ), FN 16. 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. 3d 494]. The men unsuccessfully attempted to recover some ammunition from an area near the spare tire. He has failed to provide either a clerk's transcript or reporter's transcript of the juvenile court's ruling at the first fitness hearing which dealt with the murder count. fn. FN 24. 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. Two jurors indicated they would be biased and were excused for cause. If I had the courage or the heart, I would have ended it long ago. Us being locked in here, its like were watching this virus get steadily closer to us and theres nothing we can do.. (Accord People v. McFarland (1971) 17 Cal. Navarro opened up about her mother after she confirmed her mother had died. Castro has failed to show that the trial court's sentence was arbitrarily imposed or the product of whimsical thinking. Regarding his claim to good-time/work-time credits, this is compelled byPeople v. Sage (1980) 26 Cal. Gavin Newsom signed an executive order to impose a moratorium on the death penalty in California. 477-478.) 4 While at a Salinas apartment headquarters of the Nuestra Familia, Hernandez was ordered to stay in Salinas. (Rule 425 (a)(2), (a)(4), (b), 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. App. 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. Arroyo and Shelton avoided the death penalty by pleading guilty to murders and agreeing to testify against their former soldiers. (People v. Giminez (1975) 14 Cal. "The circumstances of his death are being investigated,". 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. FN 10. Or, as Chaucer would have said, guilty because of his membership in the "Parliament of Fowles.". FN 14. 3 Hernandez met with several Nuestra Familia members in the Chinatown area, including Tonito Castro. During questioning by the prosecutor, witness Cobos related the following as part of a conversation she earlier had with appellant Dominguez: "Q. 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. 24 Outside of jurors' presence, trial counsel for Dominguez claimed that introduction of the tapes would violate Dominguez' privacy rights and infringe upon his client's confrontation rights. The People argue that the evidence had probative force as far as showing Dominguez' motive for shooting at Wolfie. On the day after the shooting, Castro went to the Briseno residence and Hernandez asked him to relate his version of what had transpired at the Virginia Street residence. It was just him and Tonito that were in the car and they had a shoot out with the police officers and the car spun around and Tonito got away but some innocent fool--" Over defense objection, the court denied Castro's motion for mistrial, although sustaining the objection as to Castro and admonishing jurors that Dominguez' statement was not admissible as to Castro. Since no reasonable expectation of privacy exists in jail telephone conversations and the [121 Cal. No contrary result is dictated by the recent decision of People v. Perez (1981) 114 Cal. Answers & Questions about gangs, organized crime, graffiti & gang activity around the World, Unread post Gang Culture, History and Info, Other Area, International Street Gangs & Organized Crime, Mexico, Central America, South America & the Caribbean, LOS ANGELES: Gangs /Clubs, Street Culture, History and Info, Gang Questions & Info: Black Gangs / Clubs, Gang Questions & Info: Latino gangs, Sureos, clubs, crews and varrios, Gang Questions & Info: Asian & White gangs. They just said they had a shoot out with police officers. But legal observers said the jury was likely swayed by the particularly violent way the little girls died. On 24 January 2001 in Tracy, California, Casper set up a meeting with NF chiefs, which was monitored. Now with respect to talking to or saying anything to you with respect to how the car was lost what did he say? 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. Alex Santa Cruz suffered a gunshot wound to his right leg while "doing somersaults and doing flips to try to avoid being hit" in a nearby grassy, open lot. Overwhelming evidence independent of the references in the taped conversations showed the joint participation of Dominguez and Castro. 45], citing People v. Woodberry (1970) 10 Cal. App. I hope people understand, this is not a way to live.. 656-657.) Some were forced to live in the Secure Housing Unit (the "Shoe"), where 12,000 inmates were held in a "prison within a prison" where the inmate was under constant surveillance. They found no shortage of young men willing to sign up, with money and power seducing many Mexican-Americans to joining the gang. 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. Castro also presented evidence showing that he was in custody at juvenile hall on October 16 and made an appearance at a court proceeding on October 25. [20], While Nuestra Familia is primarily a Chicano gang, membership sometimes extends to other Latinos as well as non-Latinos. "Those individuals were assaulted to the point where their injuries were extremely severe and they were never, ever able to return to duty.. 280, 611 P.2d 874]. 1997-09-13 04:00:00 PDT SAN JOSE -- Three members of the Nuestra Familia prison gang were sentenced to death by a San Jose jury yesterday, bringing to an end a grueling yearlong murder and . He is serving a life sentence at the Correctional Training Facility in Soledad. But when youre in the Adjustment Center if you want to live amongst the population, you have to do as the population order or dictate that you do.. 1137]) is misplaced. 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. You're all set! The abstract of judgment allows Castro only 220 days of custody credits. It's other Hispanics.". Membership in the gang extends beyond prison. Although the defendants alleged that the evidence would have an inflammatory effect on the jury, the court determined that membership would be admissible to prove their identity and motive. 3d 503]. App. In sentencing Castro, the court noted: "The crime involved great violence. 551] and People v. Jackson (1967) 254 Cal. ", BLOOD BROTHERS / The killing started when Nuestra Familia gang leaders felt their influence in San Jose waning, prosecutors say -- but the dead were all their own, Maria Alicia Gaura, Chronicle Staff Writer, Horoscope for Friday, 3/03/23 by Christopher Renstrom, No seriously, dont drive up to Tahoe this weekend, Wife of Jeffrey Vandergrift issues somber update, Snowboarder dies at Tahoe ski resort following historic blizzard, Scream publicity stunt floods Bay Area dispatch with 911 calls, The best fried chicken is at a San Francisco strip club, Rain reenters Bay Area forecast: Have an umbrella near you, The Warriors broke Russell Westbrook, just like old times, Arrest in killing of woman seen running through Tahoe campground, Mochi muffin bakery closes SF cafe after just 4 months, Oakland ransomware attackers leak 'confidential' data, You can see Maggie Rogers in SF for under $100 this weekend, 6 Cabo hotels for your spring break vacation, Your Privacy Choices (Opt Out of Sale/Targeted Ads). 5 [135 Cal. 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. 3d 492] shooting, Hernandez testified that Castro was located in between two cars and was repeatedly yelling, "This is the N.F. [3] Dominguez next contends that the trial judge abused his discretion when he refused to bar evidence on the criminal purposes of the Nuestra Familia on the ground that it was unduly prejudicial. 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. Thirteen of the defendants faced the death penalty. He is one of three men sentenced to death for slayings during the Nuestra Familia gang's alleged efforts to take over the drug trade in San Jose. FN 6. Although he did not move for a severance, Castro properly preserved assertion of the confrontation issue by entering a timely objection and a timely request for excisions/deletions. But now he's softened his approach with preppy turtleneck shirts and slacks. The members are known as "soldiers." He was shot by Rico Garcia at a meeting with him in a hit ordered by the imprisoned NF leaders, and the assassination led the police to also police their prisons and not just the streets. People v. Leach, supra, 15 Cal.3d at pp. San Jose jury: Put man who killed family to death, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to email a link to a friend (Opens in new window), Click to share on Reddit (Opens in new window), Los Gatos: Hundreds still without power as Black Road repair project finishes early. 3d 502] the evidence was relevant (1) as corroboration of Hernandez' testimony about the three men being sent to Bakersfield with guns obtained from the Salinas area, and (2) as independent proof that the weapons had originated from the Salinas area six weeks prior to their recovery from an area near the Virginia Street residence.