"He is a rat," Mr. Santillan's wife, Annie, suggested in a text message that became a key piece of evidence in the case against the group, which was founded in Southern California in 1969 and. They threatened to stab David should he open his mouth. And it wasnt usual for him to be up at 3am. Most of the members were military veterans and all loved to ride their Harley Davidson motorcycles. Garden clicked his pen with satisfaction as Noyola noted that Martinez mentioned being concerned about informants in the transit vehicle. David Martinezs cousins and uncles were forced to wait in the stark court hallway as their loved ones fate hung in the balance. On October 28, 2014, in San Gabriel, California, Mongols member David Martinez allegedly shot and killed Pomona Police SWAT Team member Shaun Diamond. Over six thousand police officers, government officials and members of the public attended Shaun Diamonds funeral which was held at an arena in Ontario. Ex-ATF agent denies Mongol was an informant 2022-07-23 - By Sean Emery semery@scng.com . It was supposed to be a warning shot. When the movements were drilled into their bones, the squad packed up and headed to their target location. It was clear to Sullivan that only one person shot a gun that night: his client, David Martinez. At 3 am, Martinez finished his reports. How could a jury believe the word of a Mongol over the testimony of officers? Noyola was meticulous. Mongols National President David Santillan said, "We're happy. Morale was high. The video was recorded in June of last year, when, Ms. Santillan said, she felt scorned because her husband had been unfaithful and after she had obtained a restraining order against him for what she claimed was physical abuse. Jack Garden tossed Jaime Martinez a question. Still, Sullivan knew that in order to convince the jurors he had to give them something as close to that fictional record as possible. After Judge Carters ruling, he declared vindication in what he said was a contrived internal political witch hunt to smear my name and to get me dethroned.. Unsure if the jury would ever hear the recordings Sullivan knew the strength of the defense would rely on a single witness: his client, David Martinez. The Mongols MC will not get a second chance to clear itself of federal racketeering charges after a judge last week denied its request for a new trial. Businesses in downtown Pomona closed shop to pay respect to Shaun Diamond and blue ribbons were tied to every tree and lamppost in his honor. In other words, Ms. Santillan wrote in the text, he is a rat. In the video, played several times during the hearings, Ms. Santillan is talking to her husband on speakerphone when he informs her that Mr. Ciccone will be retiring. I dont find theres sufficient cooperation to merit overturning the conviction, Judge Carter said in a ruling from the bench. She recalled that Martinez told her that he was struggling with meth addiction three weeks prior to the incident. But experts like Leo Noyola stand by the procedures, claiming they are highly effective. Annie Santillan is 53 years old and was born on 02/12/1969. He begged officers to tell him if his father was okay. But first he would have to convince the judge to admit the recordings in court a ruling she had waffled on during pretrial motions. Sullivans past frustration with Martinez dissipated. The good guys had fought the bad guys and the bad had left a bloody mark. A stand out in the series of officers was Jim Moss, the SWAT paramedic who treated Shaun Diamond immediately after he was shot. Crime Story Weekly Newsletter Sign-up She didnt like that the club made him pay dues and encouraged him to spend weekends partying away from his family. The Mongols are relying on an explosive video shared by Mr. Santillan's wife, Annie Santillan, who, during a stretch when she was angry with her husband over his infidelity, had her. At David Martinezs arraignment, he peered through the shining bars of the defendant holding dock and squinted at the occupants of the fluorescent-lit courtroom. When Sandra stepped down, David gave her a small smile as he folded and unfolded scraps of paper on the counsels table. It's a big weight off our shoulders." A federal judge in Santa Ana ruled Thursday the government cannot seize the logos of the Mongol . Sullivan knew the danger of that story; he needed to unravel it to convince the jury of Martinezs innocence. He wore classic suits, well fitted and meticulously pressed. The jury couldnt help glancing in their direction. Facebook gives people the power to share and makes the world more open and connected. Do inmates sometimes lie because they know theyre being recorded? he asked. Did you ever poke it into the house? Jaime Martinez shook his head, but the damage was done. Then in 2012, Esqueda was placed on probation by the State Bar and forced to pay a former client $7,500 after his efforts to negotiate a settlement were judged as insufficient and he failed to return unearned legal fees. Ethan Tate, Meghann M. Cuniff and Lauren Herstik contributed reporting. Armed with exculpatory information he found in the Perkins and Montebello tapes, he believed Martinez had a strong case. If it did there might not be a trial. Martinez lived in a two bedroom, Spanish style, stucco home with his parents, his sister, Brenda, who has Down syndrome, his wife, Sandra, and their two young children, Alyssa and David Jr. He would go out with them and he would smoke meth with them. Martinezs retrial faced further delays when the pandemic threw court schedules into disarray. First Name When Brady Sullivan and his second chair, Barbara Martin, arrived for opening statements, they were met with a sea of law enforcement in the gallery. Upon arriving at the jail Noyola worked on Martinez in the holding cell. Sullivan had nearly all the pieces of a winning case. Noyolas plan commenced the following day around noon. Martinez was exhausted, and distraught but he was clear headed enough to know one thing. Then Sullivan focused on what Moss saw during the operation. Now officers feared that the Mongols were poised to retaliate. Although Sullivan had legal clout, he wasnt one for excessive showmanship. Under Jack Gardens guiding hand, their testimonies reinforced the narrative that the SWAT team followed procedure and announced their presence at the Martinez home. To them, this whole trial was founded on a fabrication by the police. Although the police told David that he shot officer Diamond, David was starting to have his doubts. Three were adamant of his guilt while nine clung to the belief that he was innocent. "I assumed it was going to be her, so we videotaped," Annie told the station. How could David shoot a man in the back when he was standing in front of him? They held hands and whispered prayers under their breath. Diamond was known as a devoted officer and a family man. While Sullivan began assembling his case, Martinez communicated with his parents, Arturo and Guadelupe. Now the court would balance the scales. As of this republication, David Martinez remains incarcerated, pending retrial. ATF officials view Santillans public declarations about the club cleaning house as hollow words; they continue to treat the Mongols as a serious threat. He yelled through the air vent to his friend, Raul, that he didnt know it was the cops at his door. agent, but they failed to persuade a judge to grant a new trial on the racketeering and conspiracy convictions against the club. New features, smoother menu and backgrounds- PLUS!! After reviewing the evidence Judge Olmedo ruled the tape of Martinez in the police car as inadmissible and refused to make a firm ruling on the admissibility of the Montebello or Perkins recordings. He called Officer Noyola to the stand and asked him the purpose of the Perkins Operation. In addition, law enforcement was busy attempting to curb the escalating violence between the Mongols, the Hells Angels and the sport bike club, G-Zer Tribe. There was a clear conclusion that Jack Garden intended for the jury to draw Diamond died a horrible, painful death. Diamonds team was tasked with serving a search warrant to a house inhabited by David Martinez, an alleged member of the Mongols Motorcycle Club. This was not an act. He fired his weapon and the bullet struck a fine young officer who was just doing his job. He promised he'd put his infidelities behind him, get sober and be a better father. Not point . The Mongols claimed that Mr. Santillan had an inappropriate working relationship with an A.T.F. Shocked and confused he shouted Im sorry. After his arraignment, the court referred Martinez to the public defenders office which appointed Brady Sullivan as his counsel. His law office was located near the Martinez home in San Gabriel, he spoke perfect Spanish, and he commanded a room with his charming smile. Since those early days, the Mongols have grown in number. But Sullivan knew that the jury would judge more than the seconds and the shot. Here the banging was even louder and the familys four dogs were barking. They call themselves the Mongols Motorcycle Club - and they're one of the largest Motorcycle Clubs in the world. If Martinez didnt hear the police announce and he didnt see them before firing the gun, then he was innocent of murder. His 1% badge meant he considered himself an outlaw. One of those residences was the home of David Martinez. In the past, Sandra and Martinez resided in their own house with their children. 1,120 following. In 2014, local Los Angeles and Riverside County officials were also concerned about the Mongols illicit activities. At a young age, Diamond passed up opportunities to go to college to become an officer and provide for his daughter, Margo. The rest of the SWAT team searched the home. As funeral proceedings carried on in Ontario, Sullivan was hard at work on Davids case, sorting through discovery sent from the DAs office. It had all happened in seven seconds. They believed Arutro had been shot by an officer and that David wasnt even in the living room when it happened. They hung on second-degree murder and were unable to break their deadlock to discuss charges of voluntary manslaughter and assault on a police officer. Later, he gave his kidney to save his son, Kellys life when he was in need of a transplant. Because I needed evidence to show the military that they had someone having an affair with a married man.. In order to defend their area and protect the club's reputation, the Mongols are known to perpetrate violent acts such as assault, intimidation, and murder on a regular basis. It was in the context of these parallel federal and local investigations that seven search warrants were served to suspected gang members residences on October 28, 2014 as part of a multi-agency operation to crack down on illicit club activities. apply. The time changed him. I assume so. Martinez aimed his shotgun. Noyla dodged the question Theres no way to tell, he said. They now have chapters in nineteen states, stretching as far east as New York. But he knew something that gave him hope during the time Esqueda served as Martinezs attorney, the DAs office had decided not to pursue the death penalty. Unable to keep Martinez in the Montebello holding cell, Noyola and Lugo spun together a Perkins operation one that would take place during Martinez transit from Montebello to the LA county jail the next day. With all this responsibility weighing on Sullivans shoulders, he arrived at counsels table for pre-trial motions. Santillan's wife, Annie Santillan, told ABC7 that she recorded their conversation because the couple had become estranged due to his infidelity. Maybe he wasnt responsible for a mans death at all. Justice would be served. On one side of the door, a police officer was killed. All rights reserved. His lips tightened as he observed the damage: Diamond had sustained a shot in the back of the head that severed his spinal cord, carotid artery, and jaw. Now the Mongols want a new trial and say their former president, David Santillan, was a confidential informant for the ATF. On Thursday, after hearing testimony from more than a dozen witnesses, including from Mr. Santillan himself, over the past several months, Judge David O. Carter of the Federal District Court in Santa Ana, Calif., found that there was no convincing evidence of such a claim and refused to set aside racketeering and conspiracy convictions as well as a penalty of $500,000. Martinez told the jury that after the dust settled, he was confused because his parents were so adamant that the officers shot their own man. Black Dragon's Sunday Night Round Table discusses Insane Throttle's live interview with former Mongol's MC Nation's International President Lil' Dave. Awoken by the deafening discord, ten-year-old David Jr. ran out of his bedroom in his pajamas. Martinez didnt mind it made it easier to help his aging parents. Nor do I believe that there would be, quite frankly, an acquittal in a second trial., Mr. Santillan, who led the Mongols for nearly 13 years until he was voted out of the club in July of last year, vehemently denied that he had ever betrayed the group. Prosecutors refiled the charges of second-degree murder and all lesser offenses. agent. But Martinez didnt want a self defense case. David told me that they had been meeting every day at Starbucks before trial until Judge Carter told them not to because a juror saw them together, Mr. Stubbs testified in August. Our research into th e events leading to the raid on David Martinezs home offered us valuable context for what drove the prosecutions strategy in pursuing this case. Maybe thats why the Martinez family overlooked Edward Esquedas spotty legal history. A short, bald-headed man, Lugo was admired for his persistence. There were cracks in their case and he would find them. In court testimony and in an earlier interview, Ms. Santillan said she had shared the video and the text with the Mongols in an attempt to destroy her husband but had since regretted it; she said she was not being truthful when she claimed he had been an informant. The current president of the Mongols Motorcycle Club is David Santillan, a man who claims that the organization has changed its code of conduct to exclude drug abusers and criminals. But then the seas changed as Darrin Kozlowski approached the stand. Sullivan begged the jury to put themselves in Davids shoes, to imagine what they would do if they thought someone was forcing their way into their home in the middle of the night. agent on the case, John Ciccone, sharing inside information about the club in exchange for lighter penalties for various offenses. In the wake of the trial, Brady Sullivan has announced that he is postponing retirement in order to continue representing David Martinez in the trial ahead. Immediately Jack Garden objected to the use of the tapes, due to the fact that they contained hearsay from other inmates in Martinez holding tank and transit vehicle. He greeted members of the press by name and was followed by a swarm of clerks who carried his files. The original case attracted widespread attention because of the federal governments unusual attempt to force the Mongols to forfeit their rights to the clubs trademarked logo a drawing of a brawny Genghis Khan-like figure riding a chopper while brandishing a sword and thus relinquish a big source of the organizations mystique. That said, other than dealing with illicit substances, the Mongols MC was also part of a motorcycle stealing gang, and pretty successful at what they did. This was a massive win for David Martinez, but Sullivan knew it meant something more. When Sandra came to visit Martinez in jail, he put on a brave face, assuring her that Sullivan was going to get him out. At various points in each recording Martinez asserted that he didnt know it was the cops at his door and that he thought it was the Mongols. "Lots of brothers have tattoos of the marks on their necks and heads and everywhere," David Santillan, the national president of the club, said. It is the First Amendment issues associated with the case that are most important, Judge Carter said on Thursday, and whether the government has the right to seize control of a trademarked emblem as a way of eliminating a groups ability to operate and recruit. Hes retiring, hes retiring. I assumed it was going to be her, so we videotaped, Annie told the station. She admitted Martinez owned the items and that he had been involved with the brotherhood for over three years. The Mongols are relying on an explosive video shared by Mr. Santillan's wife, Annie Santillan, who, during a stretch when she was angry with her husband over his infidelity, had her daughter record a conversation in which he appeared to refer to protection he had received from the A.T.F. The ultimate implications for society are paramount here, he said. Former Mongols President David Santillan continued to testify. Martinez explained that the night of the incident was pure chaos. Jack Garden was a robust man and a confident prosecutor. Medics swarmed the porch. David might not have heard the police announce themselves at all. Catalog; For You; Inland Valley Daily Bulletin. Each of the officers was a new battle for Sullivan, another opportunity for him to unravel the prosecutions narrative. Case Summary. The defendant on the stand was different from the one that Sullivan met at the beginning of the case. Then, after more than a month apart, Sandra finally regained custody of Alyssa and David Jr. allowing the tight family to rally together and to lift Martinez spirits. Governor Jerry Brown and Attorney General Kamala Harris sat near the family at the front of the expansive crowd offering their profound condolences and gratitude for Diamonds service. Sullivans cross examination of Moss was a victory, but Sullivan wasnt slowing down. Sandra testified for hours regarding Martinezs involvement in the Mongols Motorcycle Club. But he still had a pulse albeit a weak one. I shot to protect my family. Martinez endured the stand for two days and for two days his story stayed the same. After speaking with his family, David was now convinced that the police had lied to him about the shooting. A retrial was scheduled to begin in February of 2020, but was continued until fall of 2020 in order to provide the defense with more time to interview potential witnesses. Maybe the shot he fired didnt hit anyone. On the third stop, Noyola himself entered the operation, determined to extract the information that the less experienced officers had failed to obtain. This is a reprise presentation of our original post on November 13 of last year. The judicial horizon ever retreating, always miles ahead. At least when the operations are done right. The task, although not impossible, would be extremely difficult, even for a trial attorney with Sullivans decades of experience. SANTA ANA, Calif. After federal prosecutors won a landmark racketeering conviction against the Mongols motorcycle club, in an attempt to put an end to the outlaw groups long record of murder, attempted murder and drug dealing, the Mongols countered with an unusual claim: Their leader, they said, had been secretly helping the government in its efforts to bring down the organization. Martinez parents, Guadelupe and Arturo, were called to testify in addition to the medical examiner and Shaun Diamonds partner, Richard Aguiar who was part of the SWAT team operation. Chaos erupted. Prior to arriving at the house, Diamond and his fellow officers set up traffic cones representing the Martinez home and property lines in the SWAT office parking lot. It seemed possible that his parents were right. The explosive allegations come after a secretly recorded video. He was getting ahead of work so that he could spend time in treatment. It was a blow to Sullivan, who knew that the tapes could offer the jury a valuable snapshot of his clients emotional and mental state in the hours after the incident. Mongol Anthony "Bronson" Barrera, 43, was stabbed to death and two Hells Angels - Jeramie Bell, 27, and Robert Tumelty, 50 - were shot to death. Martinez saw his father, Arturo, by the door. When interviewed, Santillan expressed that removal of the logo would be devastating to the club. For three weeks, officers took the stand. While Martinezs parents maintained that their son didnt shoot the fallen officer they both testified that they heard the police announce themselves on the night of the incident. Is that right? Sandra hesitated, delicate in her response. His legal binders were plain but fastidiously organized and when it came to the media he eschewed the spotlight preferring to focus on his cases. As the Mongols continued to talk, Martinez overheard a familiar voice echoing through the air vent. They called themselves outlaws and one-percenters referring to a comment by the American Motorcyclist Association that 99% of motorcyclists were law abiding citizens, implying that one percent were not. The Martinez family was also present, seated in the left side of the gallery. But when he met with David, it was like he was meeting with a different man. While the Martinez family unraveled in the wake of the incident, the city of Pomona cried out for its fallen son. He started to believe them because he desperately wanted it to be true. Mongols Motorcycle Club was founded in Montebello, California on December 5, 1969. Anne Santillan, Annie Y Santillan, Annie Yumiko Santillan, Annie Yuwlco Santillan and Annie Y Morinaga are some of the alias or nicknames . When he spoke with members of the Pomona Police Department, love and support radiated from their ranks, but underneath a righteous anger brewed: outrage aimed at the man who killed Shaun Diamond. Cavazos subsequently plead guilty to charges of racketeering and was sentenced to 14 years in prison. Past the crisp leaves of autumn. Sullivan let the words hang in the air. All the evidence had been presented. A federal appeals court is separately considering an appeal of the conviction. Emmy Winning TV news writer currently @latimes VP for @NAHJSDTJ formerly @10News @thedailyaztec @sdsu '19 He wanted to be a father to his two young children and a supportive husband for Sandra so he let his motorcycle registration expire and he stopped attending Mongol events. An easy no. . His Respect Few Fear None patch meant that he assaulted a rival gang member. Mongols MC Chief Little Dave Santillan Was Not A Snitch 5 months ago Scott Burnstein You are unauthorized to view this page. According to Sandra, David Martinez loved his Mongol brothers. She told the court that Martinez association with the Mongols upset her. (CBS) SAN FRANCISCO - Christopher "Stoney" Ablett, a member of the Mongols outlaw motorcycle gang, was sentenced to life in prison without parole Tuesday for the murder the president of the Hells . If the mission to elicit a confession was going to work, it had to be done quickly. Martinez didnt have much intel on the organization but the Mongols in his cell block suspected Martinez knew names and that was enough. Sandra didnt want to testify but because she and David didnt have a marriage license, their relationship was only considered a common law marriage. In a split second a shot rang out. This man was ready to accept the truth; he took full responsibility for shooting Shaun Diamond. Under the glow of street lamps, the officers feet pounded the pavement, executing practice runs for maximum efficiency. Martinez would be arraigned and assigned counsel in the next 24 hours, at which point they could no longer enact a Perkins operation. Annie Yumiko Santillan is on Facebook. Lil Dave, the president of the Mongols motorcycle club, was caught cheating on his wife so she decided to revenge his ass by putting this video on Youtube which shows him supposedly admitting. 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