Please ensure Javascript is enabled for purposes of website accessibility

10-1705 U.S. v. Santiago

By: WISCONSIN LAW JOURNAL STAFF//July 11, 2011//

10-1705 U.S. v. Santiago

By: WISCONSIN LAW JOURNAL STAFF//July 11, 2011//

Listen to this article

Evidence
Gang affiliation

It was not error to admit the defendant’s gang affiliation into evidence, where it was necessary to explain the defendant’s references to the Cobras.

“Evidence of Santiago, Padilla, and Suave’s membership in the Spanish Cobras was necessary to help the jury make sense of Padilla’s reference to ‘Cobra folk.’ Without an explanation of what ‘Cobra’ meant, the jury would not have been able to understand the exchange between Padilla and Agent Gomez after the green van’s first arrival in the parking lot. And omitting the recording of that conversation from the trial would have left the jurors to speculate why the individual in the green van showed up to a drug deal without the drugs.”

“Moreover, the ‘Cobra folk’ statement was probative of the conspiracy charged in Count One. To prove the conspiracy charge under 21 U.S.C. § 846, the government was required to demonstrate more than a buyer-seller relationship between Santiago and Padilla. United States v. Rivera, 273 F.3d 751, 755 (7th Cir. 2001). It needed to show an agreement between the two to possess and distribute the cocaine base. United States v. Suggs, 374 F.3d 508, 518 (7th Cir. 2004). To determine whether a conspiracy exists, we look to a number of factors, including the level of mutual trust between the individuals. Id. The ‘Cobra folk’ statement revealed Padilla’s confidence that Sabu would not rip him off, and thus was directly probative of the trust between Santiago and Padilla.”
Affirmed.

10-1705 U.S. v. Santiago

Appeal from the United States District Court for the Northern District of Illinois, Der-Yeghiayan, J., Flaum, J.

Full Text

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests