Today 670 condemned inmates - including wife-killer Scott Peterson - are on the prisons chilling death row. Were happy now; our girls can finally rest in peace.. November 17, 1960 William J. Veader Shooting Potter County. Although the crimes as a juvenile are not major generally, nevertheless he had been to CYA and it hadn't done any good. 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. den. 882].) 5. Villarreal said he obtained a .38 gun for them from Tony Perez, giving it to Dominguez and Castro when they returned to his house on a second occasion. "A death sentence isn't something one readily accepts," she said. 2d 761, 775 [80 Cal. The Chemistry of Death - 1 Temporada Legendado. 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. (Id, p. 617, italics added.) Apparently, Forde and her accomplices thought Flores was a drug smuggler. 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. Regarding his claim to good-time/work-time credits, this is compelled byPeople v. Sage (1980) 26 Cal. Currently, county prosecutors have only one other capital case pending that of Melvin Forte, who is charged with kidnapping, raping and fatally shooting Ines Sailer in January 1981. 203]. Asesinato de Abby Choi - Wikipedia, la enciclopedia libre Following a 22-day trial, the jury returned guilty verdicts and found the allegations alleged in the information to be true as to both defendants. App. September 24, 1977 Death Row Joe Gonzales's order to murder of Nuestra soldier Eddie Serna for cooperating with authorities is passed on by Lieutenant Richard Din Castro to Robert Flores and Robert "Brown Bob" Viramontes. Under rule 425 of the California Rules of Court, criteria affecting the decision to impose consecutive rather than concurrent sentences include: crimes involving separate acts of violence or threats of violence; crimes involving multiple victims; crimes having circumstances in aggravation. 3d 489], Sometime during October 1977, Hernandez, Marina Christina "Chris" Cobos, Marian Saballa Maldonado, Marian Martinez, and Dominguez went to San Jose. Gavin Newsom signed an executive order to impose a moratorium on the death penalty in California. 2d 711, 714, 91 S. Ct. (People v. Guerrero (1976) 16 Cal. 3d 496] Familia or, in the alternative, to earn a recognition "star" for purposes of gaining status within the organization. [Crim. Rptr. Rptr. A proper calculation demonstrates, however, that he was entitled to 228 days. granted June 25, 1980); De Lancie v. Superior Court (Cal.App.) fn. There were multiple victims which I have already stated. . Fred Santa Cruz testified that someone in the station wagon yelled "Wolfie" and that Steve Fierro responded, "Here I am.". sub. Two former death row employees testified that defendant had been trouble free while they were there. The Vanguard prison gang was recently demoted to the status of a mere "disruptive group" by corrections officials. The families of the victims are noticeably absent from the courtroom. 3d 301, 308-309 [104 Cal. Mexico, Nuestra Familia (Spanish for "our family") is a criminal organization of Mexican American (Chicano) prison gangs with origins in Northern California. 477-478.) (Harrington v. California (1969) 395 U.S. 250, 254 [23 L. Ed. App. fn. 82]) unless an attorney consults with the defendant in a room designed for that purpose (People v. Lopez (1963) 60 Cal. Alex responded, "Yeah," and departed from the liquor store to a party at another location. FN 14. Politician Apologizes For Suggesting Hanging Death Row Inmates From A FN 26. Herminio Serna, 53, was pronounced dead . 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. SAN FRANCISCO / 8 plead guilty to charges of racketeering / 7 - SFGATE Furthermore, the court gave a strong admonition to jurors to limit use of this evidence to Dominguez. Not so. The defendants are accused of killing Tony "Little Weasel" Herrera, Larry Valles and Esteban Guzman, alleged drug dealers who reportedly balked at paying taxes to the gang; Eli Rosas, said to have "disrespected" other gang members; Marcos Baca, thought to be a snitch, whose body was found on the grounds of Santee Elementary School; and Ray "Chocolate" Perez, a gang wannabe who may have made the mistake of breaking gang rules. Such a record is deficient and hampers intelligent appellate review. Rules of Court.) (People v. Owens (1980) 112 Cal. BLOOD BROTHERS / The killing started when Nuestra Familia gang - SFGATE But legal observers said the jury was likely swayed by the particularly violent way the little girls died. 2d 480, 84 S.Ct. 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. 853-854 (statements involving concealment after the objective of the conspiracy has been fulfilled)), the present circumstances show otherwise. [15] The gang's main sources of income are distributing cocaine, heroin, marijuana, and methamphetamine within prison systems as well as in the community and extorting drug distributors on the streets. These are the 737 inmates on California's death row Rptr. 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. 'The View' Co-Host Ana Navarro Confirms Mother's Death Nia (Neitz) Rados - Sullivan Funeral Home & Cremation Services, Inc. App. Appellant claims that this determination was erroneous, since the court hearing the criminal charges should have referred him for a juvenile court fitness hearing before proceeding on the assault count. FN 20. We are not persuaded; however, before giving our reasons, we believe it important to reexamine the challenged testimony. 3d 719, 724 [129 Cal. Rptr. 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. 3d 68, 72 [120 Cal. fn. He decided to go to the garage so that his wife and two sons were not killed in the house, and the message showed that even the leaders were able to be targeted. 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. Rptr. FN 2. This was not a war between competing gangs, police realized. "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. 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. Brian Parry, head of the Special Services gang unit for the state Department of Corrections, says that big prosecutions are often followed by a flurry of gang activity, as the second-string thugs compete for the vacant positions. 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. Herminio Spankio Serna, 53, was found unresponsive in his one-person cell on death row, said CDCR spokeswoman Terry Thornton. In addition, the trial court gave an oral admonition and closing instructions fn. 3d 404, 408-409 [160 Cal. 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. It's other Hispanics.". The NF is alleged in the indictment to be a criminal enterprise that was created to organize, protect, discipline, profit from, and maintain the . This book follows the life of Robert Gratton, one of the highest-ranking members of La Nuestra Familia, one of California's most violent prison gangs credited with over 300 murders. 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. 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. 26 substantially inculpated or incriminated him. 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. 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. Casper was sent back to prison for communicating with the gang, violating his parole, and was sent back for six months. As noted earlier, David Hernandez was told to accompany Dominguez and Castro to Bakersfield and was given three orders to carry out. As indicated earlier, any deserters from the organization were subject to an automatic death sentence by current members of the Nuestra Familia. Hernandez was subsequently arrested in Hayward on November 2, and Castro was apparently arrested sometime after the shooting. 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. 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 . In the summer of 1991, that came up a few times.". We thought maybe (Lopez) was getting out of prison by now," said one relative who asked not to be named. Furthermore, the Perez court noted, "The record does not show that the trial court did in fact discharge its duty in these circumstances by weighing the evidence for prejudice against its probative value. Thus, since Castro's statements were admissible under the coconspirator exception, there was no confrontation or Aranda (People v. Aranda (1965) 63 Cal. Similarly, Marina Cobos, a Nuestra Familia member acquainted with appellants, testified that gang members killing an enemy earned a "star," which represented respect and recognition within the Nuestra Familia organization. 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. The workouts were intense, and they also had to read history books, law books, and philosophy books. 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. 831, 498 P.2d 1079].) 359]; People v. Estrada (1979) 93 Cal. The facts to be recited are taken from the transcript of oral arguments on the section 995 motion. FN 18. Code, 12022, subd. fn. Stretch, U.S. Assistant Attorney General Leslie R. Caldwell of the Justice Department's Criminal 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. Child murderer Edward Schaefer was fatally stabbed in the neck and chest with a home-made weapon described as a bone-crusher in 2010. I realized that at some point, after Sheila got killed," Salazar said. The facts necessary for a resolution of this contention are as follows. 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. 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. Since then 11 inmates have been put to death by lethal injection. 3d 490], The three men then drove to another location in Bakersfield and contacted Eugene Villarreal. 896.). 2d 803, 92 S. Ct. 2452]; People v. Martin (1955) 45 Cal. The abstract of judgment allows Castro only 220 days of custody credits. [121 Cal. There is no clear showing that an abuse of discretion occurred in the present case. They were innocent and on death row. The exonerated want to ensure 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. 3d 277, 288-291 [82 Cal. Castro was "hit" in one of his fingers. (Id, at pp. App. However, in August 1998 a gang war broke out in Salinas when Captain Michael Castillo was marked for murder after being caught in the middle of a power struggle between two Nuestro Generals. fn. The killings have been so painful for Chavezs family that many of her relatives remain in therapy, including the teenage cousin staying with her at the time of the killings, who woke up to find the house on fire and the little girls slain. Forte is currently serving life in prison on a murder conviction out of San Francisco. on defendant McGautha's petn. 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. Law enforcement authorities seized 40 pounds of cocaine, 14 pounds of marijuana, and dozens of firearms. In this regard, Cobos' testimony cannot be regarded as substantially incriminating. We likewise believe that Castro cannot prevail on his confrontation and cross-examination rights argument. (Accord People v. McFarland (1971) 17 Cal. 2d 770, 785 [76 Cal. The Fierro brothers were known enemies of the Nuestra Familia. fn. This admonition and subsequent instructions adequately protected Dominguez from undue prejudice. Nuestra Familia (NF) Timeline - StreetGangs.Com forum on gangs around Defendants Bobby Lopez, James "Huevo" Trujeque and Herminio "Spanky" Serna all face the death penalty. 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. 731]; see also People v. Penrod (1980) 112 Cal. March 13, 2019 Gov. The members are known as "soldiers." or take away the pain we feel inside, and it definitely doesnt stop us from missing my Comadre Letty and my nieces. FN 10. After a second U-turn, Dominguez stopped the car near the group of people and Castro asked whether Wolfie was there. 2d 518 [47 Cal. These circumstances undercut any sound basis for a finding of prejudice. Danny "Woodsey" Reyes and his brother Ronald had been targeted by the Mexican Mafia. [2] The relevant appellate principles were articulated by our Supreme Court in the following passage fromPeople v. Saling (1972) 7 Cal. App. ", FN 22. Among the group of people were Alex and Fred Santa Cruz, Steven Fierro and David Rodriguez. 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. Rptr. 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 . Nuestra Familia is a Mexican - American prison gang that was founded in Soledad prison, California in 1968. 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. 764-765). "Those individuals were assaulted to the point where their injuries were extremely severe and they were never, ever able to return to duty.. In our opinion, this argument fails to demonstrate how motive could have been proved without showing that the Nuestra Familia engaged in criminal and violent acts and that members were obligated to commit such acts under penalty of their own lives. Quando uma segunda mulher assassinada, os habitantes da cidade se revoltam e o "recm-chegado" Hunter acaba virando um dos suspeitos. Nonetheless, since Dominguez also challenges the testimony of Hernandez, the present contention is preserved for appellate review.