By: WISCONSIN LAW JOURNAL STAFF//December 3, 2010//
Evidence
Gang-related evidence
Where gang-related evidence was central to the prosecution’s theory of the case, its admission was proper.
“The gang-related evidence that we previously discussed helped establish that King’s comments were not mere boasting. Guajardo testified that Zambrano was a ‘Corona’ of the Latin Kings, that King was appointed the ‘Supreme Inca’ by Zambrano, and that together, they were the two most powerful Latin Kings not in prison. The constitution found at King’s home stated that a ‘Corona’ is the highest-ranking officer of the Latin King nation. The gang’s rules forbid members from accumulating debts. And King had punished lower-ranking gang members for offending Zambrano and disobeying orders. This evidence showed that King and Zambrano were leaders of the gang, that King worked closely with Zambrano, and that King could back up his promise to Guajardo that he and Zambrano would provide protection for Guajardo’s drug trafficking consistent with gang rules-or so a jury could find. See generally Alviar, 573 F.3d at 537 (explaining the role of gang-related evidence in proving conspiracy allegations and finding that ‘[t]he fact that [the defendants] were bound together by their gang membership made it more likely that they participated in a conspiracy’).”
Affirmed.
09-1974 U.S. v. King
Appeal from the United States District Court for the Northern District of Illinois, Coar, J., Evans, J.