Jason Treas testimony Nov 4, 2010 USA Eastern District
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Transcript of Jason Treas testimony Nov 4, 2010 USA Eastern District
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
---o0o---
BEFORE THE HONORABLE WILLIAM B. SHUBB, JUDGE
---o0o---
UNITED STATES OF AMERICA,
Plaintiff,
vs. No. CR. S-07-248
LARRY SIXTO AMARO, GERARDO
LOPEZ MORA, ERNEST PAUL
KILLINGER, and JASON MICHAELSTEWART HANSON,
Defendants.
/
---o0o---
REPORTER'S TRANSCRIPT OF PROCEEDINGS
JURY TRIAL
TESTIMONY OF JASON TREAS
VOLUME 1
THURSDAY, NOVEMBER 4, 2010
---o0o---
Reported by: KIMBERLY M. BENNETT, CSR #8953
KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-842
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APPEARANCES
For the Plaintiff:
BENJAMIN B. WAGNERUnited States Attorney
501 I Street, Suite 10-100
Sacramento, California 95814
BY: WILLIAM S. WONG
JASON HITT
Assistant U.S. Attorneys
Also Present:
ROSEMARY SHAUL
JOHN HAYES
LARITZA DIAZGONSEN
For Defendant Larry Sixto Amaro:
LAW OFFICE OF PETER KMETO
1007 7th Street, Suite 100
Sacramento, California 95814
BY: PETER KMETO
For Defendant Gerardo Lopez Mora:
LAW OFFICE OF HAYES H. GABLE, III
428 J Street, Suite 354
Sacramento, California 95814
BY: HAYES H. GABLE, III
For Defendant Ernest Paul Killinger:
LAW OFFICE OF MICHAEL B. BIGELOW
428 J Street, Suite 350
Sacramento, California 95814
BY: MICHAEL B. BIGELOW
(Continued next page...)
KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-8420
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APPEARANCES (Continued)
For Defendant Jason Michael Stewart Hanson:
LAW OFFICES OF SCOTT L. TEDMON
1050 Fulton Avenue, Suite 218Sacramento, California 95825
BY: SCOTT L. TEDMON
Also Present:
LARRY SIXTO AMARO, Defendant
GERARDO LOPEZ MORA, Defendant
ERNEST PAUL KILLINGER, Defendant
JASON MICHAEL STEWART HANSON, Defendant
SABRINA PANTALEONI
KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-8420
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INDEX
GOVERNMENT WITNESSES: PAGE:
TREAS, JASON
DIRECT EXAMINATION BY MR. HITT 1
KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-842
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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SACRAMENTO, CALIFORNIA
THURSDAY, NOVEMBER 4, 2010
---oOo---
THE COURT: Are you ready with your next witness or do
you need a break?
MR. HITT: We're ready, Your Honor.
THE COURT: You may call your next witness.
MR. HITT: United States calls Jason Treas.
THE CLERK: Please step forward. Stand in front of
the court reporter right there and face me, please. Raise
your right hand, please.
JASON TREAS,
a witness called by the Government, having been first duly
sworn to tell the truth, the whole truth, and nothing but the
truth, testified as follows:
THE WITNESS: I do.
THE CLERK: Thank you. You may be seated. Please
state your full name, spell your last name for the record.
THE WITNESS: Jason Lee Treas; T-R-E-A-S.
DIRECT EXAMINATION
BY MR. HITT:
Q. Good afternoon, Mr. Treas.
A. Good afternoon.
Q. If you could do me a favor, pull that microphone close
to your mouth, or sit a little closer, just to make sure we
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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can hear you. Thank you.
A. Is that better?
Q. Yes, much better.
Mr. Treas, in what city were you born?
A. In Richmond, California.
Q. And do you speak Spanish?
A. Yes.
Q. How did you learn Spanish?
A. Growing up with my family.
Q. I want to direct your attention to the middle of 2003;
did you meet a person known to you as Silk?
A. Yes.
Q. Between approximately 2003 and 2007 -- 2006, sorry,
did you engage in drug trafficking with the person you knew
as Silk?
A. Yes, I did.
Q. I'm going to now display to you on the screen to your
right what's been received in evidence as Government's
Exhibit 10.
Do you recognize the person in Government's
Exhibit 10?
A. I do.
Q. Who is that?
A. Marcos Silk Gomez.
Q. And Marco Gomez was the person you knew as Silk?
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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participate in meetings that -- where you discussed
committing criminal acts?
A. I did.
Q. And who were the participants in these meetings that
you were engaged in?
A. Me, Silk, Shadow, James, G and Basil from
San Francisco.
Q. And where were the meetings held in this early time
period 2004?
A. Various locations that Silk would set up to meet in
San Francisco.
Q. Within the city of San Francisco?
A. Yes.
Q. And did you -- did the group have a name that you
called these particular meetings?
A. Juntas.
Q. Is that a Spanish term for something?
A. Yeah. It's kind of like a gathering.
Q. How did these juntas start? What was the purpose of
these juntas that you were engaged in?
A. The purpose of the junta was to organize resources and
manpower for the NF regiments in San Francisco and
surrounding counties.
Q. How frequent would you say the juntas were in this
early time period in 2004?
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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A. At least once a week.
Q. And what sort of criminal activities did you discuss
in order to further the purpose of these juntas?
A. Available resources for drug trafficking, and
robberies, and weapons, and whatever criminal activities that
we could be involved in that would financially benefit the
regiments.
Q. During these juntas, were there precautions that the
group took in order to avoid law enforcement detection?
A. Yes.
Q. What sort of precautions did the group take during the
meetings?
A. There was a lot of evasive driving and, you know,
calculation of where we're going to meet, secret locations,
the turning off of cell phones and other electronic devices
that could be tracked.
We also had some devices that detected monitoring
devices. Like, for instance, if the phone was tapped, or
there was a room that was tapped, we had electronic devices
that would detect those signals being sent out.
Q. And what were the -- and the purpose of these
precautions was, obviously, in case somebody was listening or
trying to tap your phones?
A. Yes, to avoid law enforcement.
Q. Did these juntas become actual criminal acts that
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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were -- that happened, drugs, drug trafficking, for example?
A. Yes. They led to a lot of activities.
Q. And when you first got involved in drug trafficking
with the juntas, what type of drug were you able to obtain?
A. We started off with marijuana. Eventually moved on to
methamphetamines, cocaine and pills, ecstasy and whatnot.
Q. Those were all drugs that were distributed by you and
others in the Bay Area?
A. Yes, it was.
Q. And let's go, then, in 2004, and the late part of
2003, did you become acquainted with someone that you --
known to you as Mister?
A. Yes, I did.
Q. Do you know Mister's real name?
A. No, I do not.
Q. Do you know Mister by any other nicknames?
A. Bubba.
Q. Let's take a look at what's been received in evidence
as Government's Exhibit 6.
Is that the person you knew as Bubba or Mister?
A. Yes, it is.
Q. How did you become acquainted with Bubba or Mister?
A. I was introduced to him via Silk and G as an NF, a
Carnon, or a C, from Salinas regiment that was there to aid
and assist us in our development of regiment activities.
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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Q. And when you described previously, now, the meetings,
the juntas that you were -- you were participating in, did
you meet Bubba or Mister before the juntas started?
A. Yes, I did.
Q. And were -- after the meeting with Bubba, is that kind
of what prompted the juntas to begin?
A. The juntas began before we met Mister. It was after
he became involved in the meetings that they felt more
organized, more official, more authenticated with his
presence, and he usually guided us in the meetings.
Q. And at the time when you became acquainted with Mister
through the introduction that Silk provided, were you,
yourself, an NF member?
A. No, I was not.
Q. Have you ever elevated to the status of an NF Carnon?
A. No, I have not.
Q. Were any of the other members in the group, other than
Mister or Bubba, were they NF members, the people you
identified, G, Silk, Shadow?
A. Not to my knowledge, no.
Q. Now, in terms of your own gang activity, in what city
did you grow up in?
A. In Richmond, California.
Q. And were you ever considered -- or did you ever
consider yourself a Norteno gang member?
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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A. I did.
Q. What sort of specific clique did you belong to as a
Norteno?
A. Barrio San Pablo and North Side Locos. Two small
groups in Richmond and San Pablo area.
Q. How old were you when you got involved in the various
street gangs?
A. 12 years old.
Q. Did you obtain any tattoos that were representative of
the Norteno street gangs that you were a member of?
A. Yes.
MR. TEDMON: Objection, Your Honor, relevance.
THE COURT: Sustained.
Q. BY MR. HITT: Did you eventually become a member of a
different organization?
A. Yes.
Q. What group was that?
A. Nuestra Raza.
Q. That's Nuestra -- what's the last -- the second part?
A. Raza.
Q. R-A-Z-A?
A. Yes, sir.
Q. How is that different than the Norteno groups that you
were a member of?
A. It's a prison organization. It was a
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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paramilitary-type organization that was very organized, and
it was through, you know, an oath that you took in prison. I
became involved with that.
Q. And as compared to Nuestra Familia, how does Nuestra
Raza relate?
MR. TEDMON: Objection, Your Honor, relevance.
THE COURT: Overruled. If he knows.
MR. BIGELOW: Your Honor, I wonder if we could have
him pull his microphone closer. Even Mr. Gable is having
difficulty.
THE COURT: All right. Make sure you speak into the
microphone.
The objection is overruled. How does Nuestra Raza
relate to Nuestra Familia, if he knows.
THE WITNESS: Nuestra Raza was a subgroup of the NF.
It was established to carry out activities of the NF because
members were unable to participate in certain activities on
the main lines in prison, most of them were locked down. It
was kind of the spawn, I guess you would say, the next
generation of the NF.
Q. BY MR. HITT: And in terms of your experience as a
Nuestra Raza member, did you have the same authority as an NF
Carnon or less?
A. I think it depended on the circumstances. In some
prisons, in some main lines, where there was no NF members,
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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our authority was unchallenged, and you did have the
authority equal to an NF member. However, whenever in the
prisons there was a NF member, or at the direction of a NF
member, you're always subordinate.
Q. How about once you were functioning on the street?
For example, when you met Mister, did he outrank you as a
Nuestra Raza member?
A. Yes. We were all subordinate to Mister's authority.
Q. And in the context of the NF, were you familiar with
the term "soldado"?
A. Yes.
Q. What did you understand the term soldado to mean?
A. A soldier.
Q. As it relates to the NF, did you consider yourself a
soldier of the NF?
A. I considered myself a soldado at the disposal of the
NF, but not as an actual member of -- there was kind of --
you know, you could be a soldado and be a NF member, but you
can't be -- or you could be a NF member and a soldado, but
you can't be a soldado and an NF member at times. It was
really a rank, you know, that was assigned to you, I guess
you could say.
Q. You were -- you said at the disposal, essentially, as
a soldado, or as an associate of the NF, but not a member?
A. Yes.
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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Q. Are you familiar with the term "familiano"?
A. Yes.
Q. What does that mean in the context of the NF?
A. That means you're an active member of the NF.
Q. And were you ever -- you were never a familiano?
A. No, I was not.
Q. Now, in the same time period, late 2003, early 2004,
did you come to meet someone known to you as Paqui?
A. Yes, I did.
Q. What were the circumstances of you meeting this person
named Paqui?
A. We went to Salinas to meet Paqui, and I was informed
that Paqui was, you know, the regiment commander for the
Salinas area, and subsequently all regiment activities
throughout California under the direct command of NF
leadership in Salinas, and that he was a Carnon, and, you
know, to respect him, and whatnot.
Q. When you were introduced, who introduced you initially
to Paqui?
A. We went down there as a group. It was me, Silk, G and
Shadow, and we went to Salinas and met them. So, I couldn't
say what individual was exactly that introduced, you know,
hey, V, this is Paqui, but we were all present, and I was
brought down there by that group and introduced to him.
Q. Did you ever learn Paqui's real name?
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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A. I've heard it here and there, but I can't recall
exactly what it is.
Q. Take a look at what's been received in evidence as
Government's Exhibit 1.
Is that the person you recognize as Paqui?
A. Yes, it is.
Q. Now, these meetings in Salinas --
THE COURT: For the record, that's a photo of whom?
MR. HITT: Mr. Amaro.
Q. BY MR. HITT: These meetings in Salinas, were there
more than one after you initially met Paqui at the Salinas
meeting?
A. Yes.
Q. About how many times would you say you were -- you
went to Salinas for meetings where Paqui was present?
A. Half a dozen or more.
Q. And were there -- the meetings held in different
locations?
A. Yes.
Q. What were some of the locations you recall where the
meetings were held?
A. Different houses. Mister took us to one house,
another time we went with Gallo to another house, G took us
to various houses, small apartments.
Q. These were residential locations within the city of
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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Salinas?
A. Yes, they were.
Q. And the locations varied?
A. Yes.
Q. And when you -- and in your answer you mentioned the
name Mister, that's the person we saw who you also knew as
Bubba in Government's Exhibit 6?
A. Yes.
Q. And you used the term Gallo. Take a look at what's
been received in evidence as Government's Exhibit 5.
Is that the person you knew as Gallo?
A. Yes.
Q. Did you know Mr. Gallo's real name?
A. Mario Diaz.
Q. And so that was someone you became acquainted with as
time went on in 2004?
A. Yes.
Q. Now, going back to these meetings in Salinas, let's
start with the initial meeting. Were you questioned by Paqui
about your own background or status when you initially
arrived at the meeting?
A. Yes.
Q. What sort of questions were put to you by Mr. Amaro or
Paqui?
A. I was debriefed, asked to debrief prison history, and
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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my associations, and also my intent within the organization,
how I thought I might participate, what resources I had.
And a lot of it was -- a lot of questions about the
penn, because I had recently paroled from Pelican Bay SHU.
There was quite a few questions about who was there, what was
going on, questions about information about the organization
behind the walls, whatnot.
Q. And did you provide responsive answers to Paqui during
those question-answer sessions?
A. I did.
Q. In addition to the group you had arrived with, G,
Shadow, Silk, were there any people of authority aside from
Paqui who were present at this initial meeting; if you
recall?
A. Mister.
Q. That's Bubba?
A. Yes.
Q. Now, how were -- were each of the meetings similar in
how they were conducted and the topics discussed?
A. Yes. Generally so.
Q. Can you describe for the jury, how did the meetings
proceed?
A. Well, we would come together, and typically there
would be a table in the room, everybody would be asked to
take their cell phones out, turn them off, put them on the
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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table, remove any electronic devices. And kind of as a act
of camaraderie, we'd go around and ask how each other were
doing, how we felt. And then we'd proceed. Somebody in the
crew would proceed to lead us into a conversation about what
we were doing at that point with our resources, what
resources we had available in our community, and how we might
pool those resources to work more effectively for the
organization.
Q. And when you say "resources," were there specific
discussions during these meetings about criminal activities?
A. Yes. We would plan robberies. If somebody had
information on a known drug seller, big drug seller, or
somebody that, you know, happened to have a lot of marijuana
or guns, and how we might acquire those by force, you know,
from them, and what resources we would need to accomplish
that. As well as what the potential we had each for, you
know, distributing drugs in our areas, and how much we might
need from them, and what resources we might need in
distributing those or, you know, handling everything.
Q. So, in addition to the targets for possible -- targets
of opportunity, I suppose, you would also discuss the
potential for drug trafficking activity in the particular
area where you were staying at that time?
A. Yes.
Q. And from your perspective, what area did you represent
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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when you were engaging in these meetings in Salinas with
Paqui?
A. I was assigned originally through Silk, who informed
me that it was decided by Paqui before I was introduced to
him, and eventually confirmed by Paqui, that I would be
assigned as the regiment commander for the East Bay area.
Q. And what was your understanding of what your role as
regiment commander would require you to do for the East Bay
area?
A. To organize Nortenos and Norteno associates in the
areas from Solano County to San Leandro, and pulling the
manpower together, finding the hermanos or NR members, NF
members, and other Norteno street associates that were
willing to cooperate with us, to participate, and finding out
what was available, what kind of drugs were available, what
kind of prices were available, what kind of artillery was
available, safe houses.
It was -- it was a lot of responsibilities involved
that I had to do in getting out there and trying to pull
everybody together and unionize the gangs, I guess you could
say, in various areas to pool their resources for a bigger
goal.
Q. And when you were having these discussions in the
meetings, were the topics that you've just described, the
sort of responsibilities expected of you, were those part of
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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the topics that you discussed with Paqui and the others?
A. Yes. That was -- we were -- all of us were -- were
made to -- to verbalize our understanding of our
responsibilities in order to ensure that we knew them. So,
it wasn't assumed that you knew what your responsibilities
were. It wasn't taken for granted that you assumed what to
do and how to do it. You had to tell the group what it is
exactly you had to do, and how you plan on going about it,
and in order to reassure them that you were capable of
fulfilling your duties and responsibilities in that position.
Q. Now, in addition to you having the regiment commander
label for the East Bay area, did other members of the group
that you were present with have responsibilities for other
regiments?
A. Yes.
Q. And who had -- what were the other regiments
represented during these meetings that you would attend in
Salinas?
A. There was a Salinas regiment which was present with
Paqui and Mister. And San Francisco, which was under the
direct authority of Silk. And G worked hand in hand with
them and Shadow.
I was the only NR member, or NF associate, in the East
Bay at that time, and so I was told to work hand in hand with
them in order that they may assist us in becoming more self
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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sufficient in that area, and controlling operations without
need of external assistance. And the reason for doing that
was for security, so that each regiment can function
independently, so if one failed, they couldn't tell on the
other one's operations.
Q. And when you indicate that your authority for -- as a
regiment commander for the East Bay included the various
areas you identified, did you consider yourself having
authority over Alameda County, the city of Oakland, or that
particular part of the Bay Area?
A. Yes, I did.
Q. And once you were designated with these -- this
authority, and began to function as a regiment commander, did
drug trafficking figure into the activities that you oversaw
in the East Bay regiment --
A. Yes.
Q. -- for the NF?
Yes?
A. Yes.
Q. And if you can explain, then, how could you have
authority as a regiment commander if you were not a Nuestra
Familia member?
A. There was a lack of manpower. Subject to the lack of
manpower in that area. There was a wealth of resources,
black market resources available in the East Bay, and many
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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pockets of Norteno groups in various communities that were
not being organized, and the resources were not being
exploited for the general NF welfare. And so, in the absence
of members being in that area, I was designated the
authority.
Q. So, you could function as a regiment commander on
behalf of the NF and not be a member of the NF?
A. Yes.
Q. And was it your understanding that is permitted by the
terms of the constitution?
A. Yes, it is.
Q. And by "constitution" I don't mean the United States
Constitution, the NF constitution.
A. Yes.
Q. And you were familiar with that in your training at
the Pelican Bay SHU?
A. Yes. I was trained in the NF constitution and the NR
thoroughly.
Q. Now, during the Salinas meetings, were there moments
within the meeting where sidebars occurred where you were not
a participant in certain conversations?
A. Yeah. It was generally Paqui or Mister would pull
each of us to the side and have a sidebar conversation. And
sometimes you could tell by the demeanor and the gestures of
the people talking the seriousness of it. And in order, I
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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guess, probably not to feel left out, sometimes he would just
pull you on the side and give you a pat on the back, tell you
you're doing a good job, you know, how to handle things more
effectively, and try to give you insight on what to expect in
the future.
Q. During the meetings that you attended, were there
discussions about who -- or where portions of the drug
proceeds that you earned as a regiment commander in the East
Bay were supposed to go?
A. Yes.
Q. And what sort of discussions did you have about where
drug proceeds from the regiment that you oversaw, where were
they supposed to go?
A. We were to tax ten percent of all profits and afford
them to Salinas regiment to aid the general NF establishment,
you know, and I guess where they deemed fit that money should
be served.
And also, at the same time, to set aside an extra ten
percent to build up your regiment's bank, you know, your pool
of resources to make sure that you guys had a bank and money
set up for, you know, regiment necessities.
Q. And as a regiment commander, were you expected to
eventually have a self sufficient East Bay regiment for the
NF?
A. Yes. That was the goal, was to establish a East Bay
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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self sufficient regiment that would not need the assistance
of other regiments, especially with the supplying of drugs
and weapons and manpower, which we were in short supply of at
the time.
Q. As a result of these meetings and conversations that
you had with Paqui and Mister and the others, did you
essentially agree to commit crimes on behalf of the NF
starting in 2004?
A. I did.
Q. And did you continue to commit crimes on behalf of the
NF until approximately mid 2006 or so?
A. Yes, I did.
Q. Between that same time period, 2004 to 2006, did you
contribute drug money from the East Bay regiment to the
Salinas NF regiment?
A. I did.
Q. Now, we had talked a little bit early on that the
initial drugs that you were able to distribute in the Bay
Area were marijuana. What quantities of marijuana were you
distributing in 2004?
A. Pounds.
Q. What price -- generally, what was the price range for
the pounds you were obtaining in 2004 of marijuana?
A. 1500 to $3,000, depending on the quality of the
marijuana.
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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Q. And how much could you make in selling those pounds of
marijuana?
A. 1,000 to $2,000 profit per pound.
Q. And where were you distributing the pounds that you
were receiving of marijuana?
A. Throughout the whole Bay Area, pretty much, as far as
Vegas and up north to Sacramento.
Q. Were there specific cities within the Bay Area that
you were regularly distributing pounds of marijuana in 2004?
A. It was the San Ramon, Dublin, Pleasant Hill area.
Also San Francisco, Oakland, and those areas in general.
Q. This marijuana, was it a higher quality marijuana that
you -- that fetched the higher price at that time?
A. Yes.
Q. Where were you being supplied this marijuana from?
A. The first, I think, ten to 20 pounds we received was
through a robbery that we coordinated with San Francisco
regiment to rob a weed supplier, a grower, of his marijuana.
And we used that marijuana and -- we sold it and used that
money to purchase more marijuana from a cartel guy by the
name of Julian.
Q. Where was Julian located?
A. In Stockton.
Q. And this marijuana robbery, about how many pounds did
you say the group cleared from that robbery?
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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A. About 12 to 20 pounds.
Q. That was essentially free marijuana to get going?
A. Yes.
Q. Get the bank going.
Did there -- did you make contributions to the Salinas
regiment from proceeds obtained from this robbery?
A. Yes, we did. It was actually quite a debate with Silk
over how much of a contribution we should make. We had
already been informed that ten percent should go. Silk was
requesting that each one of us pay ten percent because we
were from different regiments, and we were under the
assumption that we would just -- it would be ten percent of
the whole robbery that would go, but rather we were all each
individually asked to pay ten percent.
Q. Do you remember approximately what your cut of the
profit from the robbery was?
A. Upwards of $30,000.
Q. Did you, in fact, contribute a ten percent chunk of --
THE COURT: Are you asking about his personal profit
or the East Bay profit?
MR. HITT: I can ask both.
THE COURT: I don't know what you were asking.
MR. HITT: That's a good point.
THE WITNESS: They were actually one in the same at
the time. I was the only manpower in the East Bay at the
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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time.
Q. BY MR. HITT: So, you were a regiment of one at that
point?
A. Exactly.
Q. So, your profit was the same as the East Bay regiment
profit?
A. Exactly.
Q. Did you, in fact, contribute ten percent of the 30 or
so thousand to the Salinas regiment from that?
A. Yes, I did.
Q. And Julian -- once that connection with Julian was
made in the Stockton area, was he someone that you regularly
obtained pound level -- pound quantities of marijuana from?
A. Yes.
Q. And about how much would you get at a time from
Julian, what quantities of drugs, marijuana?
A. No less than ten pounds, probably no more than 25.
Q. And how regularly would you be resupplied with
marijuana from Julian?
A. Almost every week for a while.
Q. This is in the 2004 time frame?
A. The end of 2003, the beginning of 2004, yes.
Q. Now, at some point, I think you mentioned this in your
earlier answer, did you progress to being supplied with drugs
other than marijuana?
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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A. Yes.
Q. How did -- well, let's start with what other drugs?
A. Methamphetamines, crystal methamphetamines and cocaine
were being given to us. Originally it was Silk and G and
Shadow who were getting the drugs from Salinas regiment, and
they were ordered to share some of that with me in order to
start building up regiment resources in the East Bay. And
they shared a small portion with me of those first pounds and
kilos that were received, which I distributed to some Norteno
street members to start making a profit and organizing lower
level manpower.
Q. Going back just a minute on the pounds of marijuana
coming in from Julian, were you -- the 10 to 25 pounds or so
that would come in on a weekly basis or so, were those being
shared with the San Francisco regiment?
A. Yeah. They were taking most of the weed.
Q. And you would take a portion that you could move in
the East Bay area?
A. Yes.
Q. And then you said that the Salinas regiment at some
point began supplying San Francisco regiment with pound
quantities of methamphetamine and kilo quantities of cocaine?
A. Yes.
Q. Who was the conduit or contact person from Salinas
regiment for the drugs that were coming into San Francisco?
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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A. That would be Mister.
Q. And that -- if we can see Exhibit 6, again, that's
Bubba, or Mister as you knew him?
A. Yes.
Q. And in the early part of Salinas regiment supplying
the Bay Area, how often were cocaine and methamphetamine
being brought up by Mister?
A. I believe in the beginning it was maybe once a week.
Shortly after that it moved up to every couple days maybe.
Q. And how much were coming up in the early part of this
cocaine and methamphetamine trafficking?
A. I think we started with maybe two pounds of crystal
and two kilos of coke, from which I was given a couple ounces
of each to put out on the streets to check the quality and
determine the prices in the East Bay. Once we determined a
favorable price, then we could undercut the market in those
areas, then the quantities increased.
Q. And what -- how long did Salinas regiment continue to
supply San Francisco regiment while you were functioning as a
regiment commander for the East Bay?
A. As far as I know, up until 2007 when I had my last
contacts with NF members in that area.
Q. And at some point did the quantity -- you said the
quantities increased, the amount of drugs coming in from the
Salinas regiment?
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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A. Yes.
Q. From the drugs that were being brought into the
San Francisco regiment, and the portions that you were being
given, during the time period of, say, 2004 to 2007, what was
the most that was earned by the San Francisco Richmond
regiments in a -- say in a monthly time period from drug
trafficking?
THE COURT: San Francisco Richmond regiment?
MR. HITT: I'm sorry, East Bay.
Q. BY MR. HITT: Let me ask you this: The San Francisco,
East Bay or Richmond area, were you considered, essentially,
one large regiment?
A. Um, yeah. Essentially, we were. We worked hand in
hand. I was always considered somewhat of a San Francisco
native as I had a lot of history there. Salinas is really
the only ones that made a distinction between the two.
We -- me and San Francisco, we kind of operated hand
in hand. You know, we ran around together daily, on a daily
basis. So they were two technically distinct regiments,
however we -- we pooled our resources and spent so much time
together they were essentially one in the same. At times you
couldn't tell, unless you were part of them, that there was a
distinction.
Q. And I -- what the Court was pointing out, I slipped
into saying Richmond regiment rather than East Bay --
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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THE COURT: No. What I was actually questioning was
whether you were lumping San Francisco and Richmond slash
East Bay together, and I think he's explained.
MR. HITT: I was trying to say, basically,
San Francisco East Bay, are all the same, San Francisco
Richmond is all the same, basically.
THE WITNESS: Well, Richmond -- I guess you could say
because I was in Richmond, that was the capital of the East
Bay regiment, you could say.
Q. BY MR. HITT: And once -- once things had increased in
terms of the quantities of methamphetamine and cocaine being
supplied by the Salinas regiment, what was the best --
highest volume of money that was being made during that 2004
to 2006 time frame?
A. I think we reached about half a million dollars a
month.
Q. And when you say "half a million," was that -- that
wasn't after costs, was that just total amount of money
coming in?
A. Yeah. That was the total amount of money, the money
we owed for drugs and including our profits.
Q. And after paying back -- and the drugs were being
received on a front or a credit from Salinas regiment?
A. Yes.
Q. After paying back what was owed on the -- to Salinas
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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regiment for the drugs, do you recall about how much profit
was left in this time period where half a million or so was
coming in a month?
A. Upwards of a hundred thousand, $150,000 profit.
Q. And is that profit for -- considering both
San Francisco and East Bay regiments as a -- together?
A. No. It was -- it was different. At one point --
sometimes one month San Francisco might move a lot more than
Richmond would. Sometimes -- and for the most times,
Richmond became moving more -- a lot more drugs than
San Francisco would. So I generated and kept most of the
profit.
THE COURT: I don't want to keep interrupting here,
but I want to make sure that you're asking about the same
thing that he's answering. When he said 500,000 per month
sales, was he talking about San Francisco and the East Bay
together? And when he talked about the profit of a hundred
thousand to $150,000 a month, was he talking about just one,
or both San Francisco and East Bay together?
MR. HITT: That's a good point.
THE COURT: You might want to clarify that.
MR. HITT: I will try to do that.
Q. BY MR. HITT: You heard the Court's question, so let
me see if I can ask it in a more artful way.
The figure of 500,000 in a month, does that represent
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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both San Francisco and East Bay together, or is that just for
one regiment?
A. That represents us both together. The way it operated
was San Francisco was the one that took delivery of the
drugs, and then they came to me from there.
Eventually, after some time, when Mister was out of
the picture and Gallo came into the picture, then I started
to take a more hands-on with it, and established safe houses
in the East Bay where deliveries from Salinas were being made
regularly.
Q. So, whether it was you taking delivery directly at a
later time period, or in the early part where Mister is
delivering it to San Francisco, the figure that you're using,
that represents both regiments together, the 500,000?
A. Yes, because we would -- we would pay and receive as
one. So if they brought us, you know, 30 or 40 pounds of
methamphetamines, or however many kilos of coke, it was up to
us to decide how that was, you know, divided.
Q. And when the payments were made to Salinas regiment,
would that be paid as a -- both regiments would give the
payments, or did you have individual -- like, you had to pay
for East Bay and San Francisco had to pay separately?
A. Originally we started off where San Francisco -- I
would forward my taxes or dues to San Francisco and they
would send it down to Salinas. The same with the money that
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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we made from the drugs. Eventually, once I started to move
more drugs, then I became more personally involved in
handling that aspect.
Q. So it would change over time, basically?
A. Yes.
Q. And out of the -- sticking with the 500,000 that was
earned in sort of the top or the best month, from that you
said there was a profit of about 150,000 left over?
A. Yes.
Q. That's profit that essentially represented both
San Francisco and East Bay regiments together?
A. Yes.
Q. And what percentage -- was there a percentage of that
150 or so thousand dollars profit paid as a contribution to
the Salinas regiment?
A. Yes. At one time my ten percent would -- and for
quite a few months I was paying 10 to $15,000 in dues to
Salinas.
Q. How did you get the money to Salinas regiment when you
were paying these contributions?
A. Originally I would give it to G, and G would handle
transportation between Salinas. At the time I was still on
parole, and I believe G and Shadow had already gotten off
parole so it was less of a risk for them to be involved in
the transactions, and so I would give everything to them and
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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they would handle it.
Later on, as I started moving the East Bay regiment
towards more self sufficiency, and started, you know,
acquiring more manpower and resources, I was able to delegate
those responsibilities to other people.
Q. And you had -- did you have people that, essentially,
were working underneath you after a time?
A. Yes.
Q. And you would instruct them to deliver the money to
the Salinas area?
A. Yes.
Q. Who was it that were your point of contacts for
delivery of the money where you were instructing others to
take it to?
A. There was Jermaine Valencia, Chuy, Anthony Mayestas,
several other guys in the regiment.
Q. Those were people functioning underneath you at that
time?
A. Yes. Guys that were functioning underneath my command
in the East Bay Richmond regiment.
Q. Who was it on the Salinas end that you would instruct
these individuals to take the contributions to?
A. In the beginning it was Mister, sometimes, and they
would meet him sometimes in the city or halfway. And then
after Mister left it was Gallo. And eventually there was --
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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under Gallo's authority there was other guys, one of them by
the name of Gangster, who they met quite often.
Q. By Gallo you mean Mario Diaz?
A. Yes.
Q. And Mister is a person also known as Bubba?
A. Yes.
Q. When you were engaged in drug trafficking during this
2004 to 2006 time frame, did you discuss drug deals over cell
phones?
A. Yes.
Q. Did you use coded language to discuss the drug deals?
A. Yes, we did.
Q. Did you have a particular code that was used
throughout the two or so years that you were actually
involved in this?
A. Yeah. We were assigned a code. The term AT&T was
used to refer to kilos of cocaine. And Metros were referred
to as pounds of methamphetamines. Accessories were smaller
amounts of cocaine or Metros. And also, later on, the
terminology was changed to burritos and tacos. Burritos
representing whole pounds or kilos, and tacos representing
ounces.
Q. And were these easily understood by other members of
the, say, San Francisco regiment if you were discussing drugs
over the phone?
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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A. Yeah. We -- I -- I think I've used those terminology
with everybody in all the regiments.
Q. The same with Salinas?
A. Yes.
Q. And at some point in 2004, did you come to meet a
person named Michael Martinez?
A. Yes.
Q. And did he have a nickname?
A. Lentes.
Q. Do you know what lentes means in Spanish?
A. Lenses.
Q. Lenses?
A. Yeah. Glass lenses.
Q. And who was Mr. Martinez? Where was he based when you
met him?
A. I originally met Mike in Pelican Bay SHU. And he was
in Sacramento -- released to custody in Sacramento when we
became reacquainted.
Q. And when you met up with Mr. Martinez, did you have
discussions with him about drug trafficking?
A. Yes, I did.
Q. And where was it where you had your first, sort of,
sit down or discussion with Mr. Martinez about the drug
trade?
A. I met with Mike, I drove up to Sacramento to meet with
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
35
him, and to help him make some contacts with Salinas. And
soon after that he took a trip with us to Salinas to
establish contact with the regiment there.
Q. And did you accompany Mr. Martinez to the Salinas
area?
A. Yes, I did.
Q. And did you introduce Mr. Martinez to anybody?
A. Yes, I did.
Q. Who did you introduce Mr. Martinez to?
A. Paqui and Mister.
Q. So, at that time those were the two representatives
from Salinas regiment?
A. Yes.
Q. And why did you take Mr. Martinez to meet Paqui and
Mister?
A. That was what I was instructed to do as part of the
obligations of working with manpower.
Q. And by "manpower," what does that term mean?
A. Members of the organization.
Q. And did you have an eye on Mr. Martinez as someone
that potentially you could work with and have an additional
drug trafficking relationship with in the Sacramento area?
A. Yes, I did. I had a long personal relationship with
him. We spent several years together in the SHU, and I
figured he was a fairly intelligent person that could do well
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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with finances on the streets and, you know, might prove a
valuable asset for the organization.
Q. And did Mr. Martinez eventually put you in contact
with an important -- what would turn out to be an important
drug supplier for you?
A. Yes, he did.
Q. Who was that?
A. That was Cuauhtemoc, or Themo for short. Themo was
with the cartel from Jalisco, or Yahualica, a city in
Jalisco, that was moving massive quantities of drugs into the
state.
Q. And Themo, that is the short name, would be T-E-M-O?
A. T-H-E-M-O.
Q. Where was Themo based when you were introduced to him?
A. He was also in Contra Costa County.
Q. And Mr. Martinez was the person that facilitated that
introduction?
A. Yes, he did.
Q. And once you met Themo, did he become someone that
regularly supplied you with large quantities of
methamphetamine?
A. Yes.
Q. Now, at some point after meeting Mr. Martinez,
introducing him to Paqui and Mister and meeting Themo, did
something happen to Mr. Martinez to take him off the radar,
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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so to speak?
A. Yeah. Shortly after meeting with Themo, it was my
understanding that he was arrested with a weapon, walking
into a house that was being raided, or maybe there was a
search going on. I'm not sure about the details. But I
remember being told that he was in custody for a weapons
charge and drugs charge.
Q. And that was while he was -- Mr. Martinez was in
Sacramento?
A. Yes.
Q. Was Mr. Martinez an NF member, as far as you know?
A. No.
Q. And once Mr. Martinez had been arrested, did you then
make acquaintance with a significant drug customer in the
Sacramento area?
A. Yes. Shortly after that, somebody I met while with
him visiting in the Sacramento area by the name of Sammy
Perez contacted me.
Q. All right. And why did Mr. Perez get in touch with
you?
A. He was trying to reconnect with the cartel, the Themo
cartel and the Yahualica cartel, to get some more drugs up to
the area.
Q. Did Sammy Perez indicate where he was based?
A. Yes. Sacramento.
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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Q. And I take it that he was familiar with Themo from
having dealt with Mr. Martinez?
A. Yes.
Q. And once Mr. Martinez was in on his case, you became
sort of the connection for Perez to Themo?
A. Well, I actually informed Sammy that Themo was
unavailable, but we had other resources available to supply
what they needed, and kind of middle-manned deals between the
cartels in Sacramento.
Q. And did you, in fact, distribute methamphetamine to
Sammy Perez in the Sacramento area?
A. Yes, I did.
Q. How long -- when did you start? What year was it when
you started sending methamphetamine to Sammy?
A. 2004, when I began sending methamphetamines to Sam.
Q. Was it also 2004 when I guess -- before you met Sammy,
and you introduced Mr. Martinez to Paqui and Mister, that was
2004?
A. Yes.
Q. And when you made the acquaintance of Themo, that was
2004?
A. Yes.
Q. And how long did the relationship where you were
distributing drugs to Sammy last?
A. Up until about 2007. Early, January 2007.
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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Q. Was it a fairly regular supply of drugs that you were
providing to Sammy?
A. There would be months at a time where it was regular,
and then sometimes he would find it for a cheaper price
somewhere else. And, you know, of course we would barter
with our cartels to try to lower the prices because we were
loosing, you know, customers and market, and try to get him
to come back to us. And usually we got him to come back to
us.
Q. And when you made the connection with Themo, were you
also still receiving drugs from the Salinas regiment?
A. Yes.
Q. And why were you doing that?
A. To keep favor with them. And also, you know, to show
that I -- you know, we were -- that we were effective in the
organization, that we were competent, so that we wouldn't be
replaced. Or also I didn't want it to happen -- I kind of
felt if I didn't get stuff from them, and they found out that
we were making money, you know, without contributing to them,
that something, you know, could happen to us.
Q. And Themo basically could have filled all the orders
that you had for drugs, is that it?
A. He could -- they could have filled everybody's order.
Q. But you still would receive drugs from the Salinas
regiment to stay in good graces, I take it?
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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A. Yes.
Q. And was this the same arrangement that was fairly
consistent from '04 to the early part of 2007, where you
would be supplied by Themo and also receive drugs from the
Salinas regiment?
A. Yes.
Q. What quantities during this time period of
methamphetamine were you receiving from Themo?
A. I remember when it started he gave me one pound and a
couple days to move it. And it took us a few days to move
it. And I think within three months we were up to about 50
pounds. And within six months we were up to about a hundred
pounds a month.
Q. And how were you able to distribute all this
methamphetamine that was coming in through Themo?
A. We were sending it to Montana, to Billings, Montana,
to Las Vegas, and also throughout California with connections
that we had established.
Q. And was Sammy Perez one of the people that was the
recipient of the pounds that were coming in from Themo?
A. Yes.
Q. How much would Sammy get from you at a time?
A. Ten to 20 pounds. I think at one time he got 25
pounds from me.
Q. And how were you able to handle distributing all these
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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drugs? Did you have people that were also taking drugs or
assisting you?
A. Yeah. We had -- I had a -- drivers, you know, some
females, some guys, some associates of the regiment that
would, you know, do the distribution for me, also involved in
some of the process of cutting the dope and housing it.
THE COURT: Do you want to take a break now?
MR. HITT: Sure.
THE COURT: We'll take a 15-minute recess, ladies and
gentlemen. Remember the admonition.
(Thereupon a recess was taken.)
THE COURT: Everyone is present.
You may continue, Mr. Hitt.
MR. HITT: Thank you, Your Honor.
Q. BY MR. HITT: Before the break, Mr. Treas, we were
discussing the drugs that were coming in from Themo and how
they were being distributed.
When the drugs were being sent, when you would have
individuals take the drugs to Sammy in Sacramento, did you
take precautions in instructing the drivers on how to take
the drugs to Sammy?
A. Yes. We took a lot of precautions.
Q. What sort of precautions did you take to transport
drugs to Sacramento to Sammy?
A. Give you an example, if that would work. I would have
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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somebody without a criminal record, first of all, as my
driver, and usually in a rental car or a registered vehicle
with insurance, a clean vehicle that was inconspicuous, no
rims or tinted windows or anything. Also make sure the
vehicles were free of any smell of marijuana or alcohol or
other paraphernalia.
Generally I'd make sure that the drivers were dressed
well, not wearing baggy clothing or hats, especially, or
beanie caps while they were driving. Not have more than two
people in the car.
The drugs were usually stashed pretty well in an
available space in the car, or in a space that we made
available, a hidden compartment in the vehicle.
And we always had a second driver following that
vehicle to make sure that no police vehicles or law
enforcement could be following them or to pull them over. If
so, in that case, then the second vehicle was to run
interference, to cause an accident of some sort, so that the
first vehicle could get away.
And we also -- you know, there was -- if you didn't
use a blinker when you changed lanes, you lost a percentage
of your profit. If you made wrong turns or you got lost or
you sped, there were consequences.
Q. So this was all -- these were all rules that you
imposed on the individuals that were working for the East Bay
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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regiment in delivering drugs?
A. Yeah. This was common protocol that I was taught by
the NF members, you know, in how to handle operations.
Q. And a little earlier we had discussed the person you
knew as Paqui, and we saw Exhibit 1. Do you see the person
you knew as Paqui here in court?
A. Yes, I do.
Q. Can you identify him by describing where he is located
and articles of his clothing.
A. He is to the right, behind you, with the glasses and
the blue shirt.
THE COURT: Record will reflect he's identified
Mr. Amaro.
Q. BY MR. HITT: Now, during the time between when you
began functioning in the East Bay regiment in 2004 and when
you sort of left it in the end of '06, early 2007, who did
you understand to be the overall authority for the NF drug
trafficking operations that you were engaged in?
A. That would be Paqui.
Q. And what about the person you knew as Mister, at some
point did he sort of go off the radar?
A. Yes.
Q. And do you know about what time, what year that was,
that Mister was no longer around?
A. I can't remember the date exactly. I would guess that
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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it was in '05.
Q. And after Mister disappeared, did you come to meet
Gallo or Mario Diaz?
A. Yes, I did.
Q. And what was Mr. Diaz's role when you met him?
A. Diaz was basically taking over Mister's role in being
our channel to Salinas, our liaison of sorts in the regiment.
And Gallo was also taking on further responsibilities in
having direct contact with cartels, and I believe just
enhancing our -- you know, our transactions throughout the
area.
Q. Did you receive -- when you earlier answered before
the break that you would still receive drugs from the Salinas
regiment, was one of the persons that supplied you with drugs
from the Salinas regiment Mr. Diaz?
A. Yes, it was.
Q. And what quantities of drugs were you receiving from
the Salinas regiment between 2005 and 2007?
A. It could be anywhere from two pounds, when there was
not very much available, and maybe a kilo, upwards to maybe
40 pounds and 20 kilos when it was available.
Q. By pounds are you referring to methamphetamine?
A. Yes.
Q. Kilos you're referring to cocaine?
A. Yes.
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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Q. And in approximately 2005, did Silk leave the Bay
Area?
A. Yes, he did.
Q. After he left -- well, at the time he left, did you
know where he was going?
A. No, I didn't.
Q. Was there an incident or a problem once Silk left the
Bay Area?
A. Yes. Silk, being the San Francisco regiment
commander, was responsible for the finances that go to
Salinas. It came to my knowledge that Silk had ran off, we
didn't have no clue as to why, with somewhere between the
range of maybe 25 and $50,000 of a debt that he owed.
Q. And as a result of this debt that's left by Silk, did
you have -- did you engage or participate in a meeting about
that topic?
A. Yes. We -- we were called together to, um -- it was
kind of a little bit of chaos at the time because we were
worried that the drugs might dry up, and also who was going
to take responsibility for the San Francisco regiment, at
which time we had a meeting at a billiards hall in
San Francisco.
Q. Who was present at this meeting in the San Francisco
pool hall?
A. That would be Paqui, myself, G, Shadow, Ray Romprey,
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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Ray Ray, Champ, also known as, was another San Francisco
regiment operative. And I don't believe Basil was there. It
was us.
Q. And what was discussed during this meeting?
A. The discussion was responsibility for the debt, and
chain of command, succession of the chain of command, and who
would take over responsibilities for the San Francisco
regiment. It was decided with all of us in favor of G taking
over the San Francisco regiment.
A discussion then arose about how we would handle the
debt and Silk's circumstances. The question was asked, you
know, how do we want to deal with Silk. Paqui asked us, and
we was, like, well, what are our options. G responded, what
are our options? And we were kind of reluctant to want to
pay the debt. We were trying to figure out a way to resolve
the debt, and still get drugs in, and still be part of the
operations. At which point Paqui responded that the debt
could die with Silk.
Q. And what did you understand that to mean?
A. That if we kill Silk then the debt is forgiven. But
if we want to continue to operate and keep Silk in good
grace, we have to pay the debt.
Q. And what -- who was the debt owed to based on this --
the discussions during this meeting?
A. To the Salinas regiment.
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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Q. And what was it owed for?
A. Drugs.
Q. Drugs that had been provided on credit?
A. Yes.
Q. And as a result of the meeting, you said that G was
placed in charge as the regiment commander for San Francisco?
A. Yes.
Q. And who had decided that? You said there was a group
consensus or a vote of some sort?
A. Yeah, it was a group consensus. Paqui assigned him,
and then he asked if we were all, you know, okay with that,
to which we all responded, yes, we were acceptable with that.
Q. And at the meeting you mentioned someone that you
referred to as Ray or Champ. If we could see Government's
Exhibit 26, please.
Is that the person that you knew as Champ?
A. Yes.
Q. And he was -- what was his role in the drug
trafficking operations?
A. I think he had recently been released, and he was just
starting to get involved in the San Francisco operations,
running around a lot with G in distribution.
MR. HITT: We can take that down, please.
Q. BY MR. HITT: Now, this meeting at the San Francisco
billiards hall with Paqui and the others, this was at some
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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time in 2005, is that what you said?
A. Yes.
Q. And after this meeting, did -- was there a decision
made on whether to try and pay back the debt that Silk had
left?
A. Yes. We -- we all decided we didn't want to really
get involved in any violence at the time. We, you know,
didn't want to promote violence. I especially had a
philosophy that violence and drugs didn't mix, that one would
befall the other. And we were most concerned with profits
and keeping that money coming in. And at the time we
decided -- and also based on our personal likability of Silk,
that we didn't want to do nothing to him, and we'd be
responsible for repaying the debt.
Q. And did the debt, in fact, get repaid to the Salinas
regiment?
A. Yes, it was.
Q. Did you assist in making contributions to repay that
debt?
A. Yes, I did.
Q. Do you know, about how much did you put towards the
debt that Silk left?
A. Approximately 15,000.
Q. But ultimately it was cleared with Salinas?
A. Yes, it was.
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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Q. And in the same time period -- actually, going back a
little bit, 2004 and moving forward, did you have discussions
about contributing money towards visits to Pelican Bay?
A. Yes. Early on, and we'd always -- always been taught,
especially in Pelican Bay, that the taxes and the dues were
to go towards, basically, the same needs that union members
would need to pay for, attorney costs, to pay for families,
you know, people who were out of work, and also kind of like
a venture fund, you know, to invest in other projects.
At one particular time, Paqui advised us that they
were going to charter a bus to send up to Pelican Bay so
families could go and visit up there, and asked that we make
a donation, to which I think I made about a $2500 donation.
Q. And that was to -- who were the -- who was the bus
going to take up to Pelican Bay?
A. Family members and loved ones of NF members that were
housed in the SHU.
Q. And you said you spent significant time at Pelican
Bay?
A. Yes.
Q. What city is Pelican Bay located in?
A. In Crescent City.
Q. While you were in Pelican Bay, did you come to know
somebody known as Conejo?
A. Yes, I did.
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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Q. How did -- where was he housed?
A. We were both in the SHU.
Q. At Pelican Bay?
A. Yes, we were.
Q. And do you know Conejo's real name?
A. James Perez.
Q. Did you have communications with Mr. Perez, aka
Conejo, once you had been released from Pelican Bay?
A. Yes, I did.
Q. When you would correspond with Mr. Perez, would you
write to him at the Pelican Bay address in Crescent City?
A. P.O. Box 7500, Crescent City, California.
Q. Now, earlier in your direct we had talked about
whether your authority as regiment commander for the East Bay
included the city of Oakland and the county of Alameda. Do
you remember that discussion?
A. Yes.
Q. At some point after 2004, or in the 2004 time period,
did that arrangement change, where your authority for Oakland
or Alameda county was no longer assigned to you?
A. Yes. After not being able to really get anything jump
started out there because of lack of connections, I didn't
really have a lot of ties out there in the Norteno
communities, as much as I did in some of the African American
communities, I was informed that there was a Carnon that was
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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taking over the Alameda county regiment by the name of
Powder.
Q. And who informed you that this person named Powder
would be taking over the Alameda county area regiment?
A. Originally I believe it was Mister and G that informed
me.
Q. And then -- all right. Let's take a look at what's
been received in evidence as Government's Exhibit 2.
Do you recognize the person in Government's Exhibit 2?
A. Yes.
Q. Who is that?
A. That would be Powder.
Q. And that's, for the record, a photograph of what's
been identified as defendant Ernest Paul Killinger.
Did you have face-to-face meetings with Powder in the
East Bay or the Oakland area?
A. Yes, I did.
Q. What were the nature of your meetings?
Let's start with, how many times would you say you met
with Powder?
A. Maybe a half a dozen to a dozen.
Q. And what time period are we talking about? What
years?
A. 2004 and 2005.
Q. Do you recall the first time you met Powder?
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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A. Yes, I do.
Q. Where were you?
A. In a store that he owned.
Q. What type of store was it?
A. Metro PCS store.
Q. What city?
A. In Oakland.
Q. What was the nature of your first meeting at this
Metro PCS store in Oakland?
A. I was with G, and I think we either were dropping off
some dope, or picking up some money, one of the two, and I
was introduced to him. And we had a discussion about some of
his operations, and how the store was using some of the money
towards investing in some legitimate fronts.
Q. And this store, did you actually enter the cell phone
store and take a look around?
A. Yes, I did.
Q. What did it look like inside?
A. You walked in and there was some accessories along the
wall, some phones, typical Metro PCS store. And there was a
glass display counter, the register, a female working behind
it. Behind that, maybe about two or three feet behind that,
a door that went to the back where we went back and had
conversations. And it was kind of, you know, the back of a
store, you know, a lot of boxes and, you know, ladders and
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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couple chairs.
Q. Take a look at what's been received in evidence as
Government's Exhibit 319.
Do you recognize this building as being the location
where you entered the cell phone store in Oakland to meet
with Powder?
A. Yes, I do.
Q. Take a look at 320. Do you recognize that to be the
storefront that you entered when you met with Powder in 2004?
A. Yes, I do.
Q. During the discussion at this initial meeting, you
mentioned you discussed investment in legitimate businesses.
Is that what you said?
A. Yes.
Q. As part of your training and functioning as an NF
regiment member, what was your understanding of the goals or
purpose as it relates to investing in legitimate businesses?
A. Well, the goal was eventually to establish legitimate
business ventures that could generate legitimate profits,
which could be traced back to the organization, and also to
kind of create a continuity of income and flow towards
members in the organization.
Q. Were you, yourself, as a functioning regiment member,
interested in trying to start your own business?
A. Yes, I was.
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
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Q. And was that part of your conversation with Powder,
about how he did it?
A. Yes. We were particularly interested in the Metro PCS
stores, because the L.A. market was about to open up to Metro
PCS, and we knew several other guys that were laundering
quite a bit of money through the stores in the Richmond
Oakland area, so we seen it as a way to invest some money and
make it legal, or washable, in our eyes and the L.A. market.
And he informed us a lot about the procedures and steps to
take in going about that.
Q. Did Powder have any details for you about sort of what
it would cost, kind of startup costs to get one of these cell
phone stores going if you were interested?
A. Yes. He told us it was about 15 to $20,000 to buy the
franchise rights to have an authorized dealership. And it
was very easy, if you had good credit, to apply for a small
business loan that would allow you to get some funding for,
you know, getting some of the materials.
He also told us about how Metro will give you a lot of
the accessories and cell phones on consignment, you know, to
the business. Also about checking the market for the right
location. There was a lot of insight he gave us about how to
go about opening.
Q. And your interest was then in trying to invest NF drug
money into a legitimate business such as a Metro PCS store?
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KIMBERLY M. BENNETT, OFFICIAL COURT REPORTER, USDC -- (916) 442-84
55
A. Yes.
Q. And in the half dozen or so times -- is that what you
said, how many times you'd been to the cell phone store to
meet with Powder?
A. Yes.
Q. On those occasions, what were the nature of your
visits to meet with Powder at the