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State aims to disperse prison gang
Five leaders to be released into federal custody for new crimes.
By Claire Cooper -- Bee Legal Affairs Writer
Published 2:15 am PDT Thursday, September 1, 2005
Story appeared on Page A3 of The Bee
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SAN FRANCISCO - Faced with a prison gang that even solitary confinement hasn't deterred from orchestrating murders and drug trafficking on the streets, state officials are taking an unusual step: They're commuting the life sentences of five reputed leaders to "time served" and releasing them from Pelican Bay State Prison.
The life terms being served by the Nuestra Familia leaders for the past 30 years or so will be declared completed.
But this is clemency with a twist.
The five are expected to be taken into federal custody to begin serving federal life sentences for a new set of crimes. They'll be dispersed to prisons throughout the country.
The objective, said Steven Gruel, who led a complex federal-state effort to dismantle the Mexican American gang known as Nuestra Familia, is to remove them from their Northern California power base and send them to places such as Illinois or Arkansas, where they'll be "nobody."
Reducing the chances that they'll ever be paroled appears to be a secondary goal. It's technically possible that each of the five could become eligible for parole in California. The federal system has no parole.
The state Supreme Court agreed Wednesday to go along with the plan, acting on a formal request made by Gov. Arnold Schwarzenegger. The justices' permission is required by law before a governor may extend any form of clemency to a "twice-convicted felon."
The state's release of the five Nuestra Familia leaders caps a five-year federal-state investigation called Operation Black Widow.
The effort already has resulted in the convictions of about 75 gang associates in state or federal proceedings and the defections of two dozen gang members, who "told all," said Gruel, a former federal prosecutor.
The commutation order marks the final phase of Operation Black Widow - identifying and dispersing the Nuestra Familia leaders. Those identified were Joseph Hernandez, Tex Hernandez, Jimmy Morado, Gerald Rubalcaba and Cornelio Tristan.
All were said to be ordering murders and running drug trafficking throughout Northern California from segregated cells at Pelican Bay, communicating with each other and the outside world using elaborate codes.
In 2001, a federal grand jury charged them with additional crimes. All pleaded guilty to violations of the federal Racketeer Influenced and Corrupt Organizations Act.
They could not be taken into federal custody, however, as long as California had jurisdiction over them.
Some questioned whether the state should turn them over.
Although the state Board of Prison terms recommended commuting the five sentences, some board members raised a concern that dispersing the men would only expand Nuestra Familia's network.
District attorneys from the five counties that had sent the men to state prison also had qualms.
Just because there's no parole in the federal system "doesn't mean people don't get released," said Ventura County District Attorney Greg Totten, who called the men "extraordinarily dangerous." He said the prosecutors wanted assurances "that these people will never see the light of day."
The prosecutors left it to Schwarzenegger to satisfy himself that the five would never be freed from custody.
The governor's letter to the Supreme Court requested commutation of the state sentences "on the condition that if any of these individuals are ever approved for release from federal custody for any reason during his lifetime, such commutation order as to that individual becomes void." The state sentence is then reinstated.
The justices' written order agreed to the condition.
Randy Sue Pollock, who represented Tristan, said the defendants favored the plan. She declined to say why.
Gruel speculated the reason was related to a "package deal." As part of the agreement, he said, three Nuestra Familia associates on the streets were offered relatively light 10-year federal sentences.
"One might say they were trying to help out their colleagues," Gruel said.
He also suggested an alternative theory: "Maybe they'd just as soon not be at Pelican Bay."
State aims to disperse prison gang
Five leaders to be released into federal custody for new crimes.
By Claire Cooper -- Bee Legal Affairs Writer
Published 2:15 am PDT Thursday, September 1, 2005
Story appeared on Page A3 of The Bee
Get weekday updates of Sacramento Bee headlines and breaking news. Sign up here.
SAN FRANCISCO - Faced with a prison gang that even solitary confinement hasn't deterred from orchestrating murders and drug trafficking on the streets, state officials are taking an unusual step: They're commuting the life sentences of five reputed leaders to "time served" and releasing them from Pelican Bay State Prison.
The life terms being served by the Nuestra Familia leaders for the past 30 years or so will be declared completed.
But this is clemency with a twist.
The five are expected to be taken into federal custody to begin serving federal life sentences for a new set of crimes. They'll be dispersed to prisons throughout the country.
The objective, said Steven Gruel, who led a complex federal-state effort to dismantle the Mexican American gang known as Nuestra Familia, is to remove them from their Northern California power base and send them to places such as Illinois or Arkansas, where they'll be "nobody."
Reducing the chances that they'll ever be paroled appears to be a secondary goal. It's technically possible that each of the five could become eligible for parole in California. The federal system has no parole.
The state Supreme Court agreed Wednesday to go along with the plan, acting on a formal request made by Gov. Arnold Schwarzenegger. The justices' permission is required by law before a governor may extend any form of clemency to a "twice-convicted felon."
The state's release of the five Nuestra Familia leaders caps a five-year federal-state investigation called Operation Black Widow.
The effort already has resulted in the convictions of about 75 gang associates in state or federal proceedings and the defections of two dozen gang members, who "told all," said Gruel, a former federal prosecutor.
The commutation order marks the final phase of Operation Black Widow - identifying and dispersing the Nuestra Familia leaders. Those identified were Joseph Hernandez, Tex Hernandez, Jimmy Morado, Gerald Rubalcaba and Cornelio Tristan.
All were said to be ordering murders and running drug trafficking throughout Northern California from segregated cells at Pelican Bay, communicating with each other and the outside world using elaborate codes.
In 2001, a federal grand jury charged them with additional crimes. All pleaded guilty to violations of the federal Racketeer Influenced and Corrupt Organizations Act.
They could not be taken into federal custody, however, as long as California had jurisdiction over them.
Some questioned whether the state should turn them over.
Although the state Board of Prison terms recommended commuting the five sentences, some board members raised a concern that dispersing the men would only expand Nuestra Familia's network.
District attorneys from the five counties that had sent the men to state prison also had qualms.
Just because there's no parole in the federal system "doesn't mean people don't get released," said Ventura County District Attorney Greg Totten, who called the men "extraordinarily dangerous." He said the prosecutors wanted assurances "that these people will never see the light of day."
The prosecutors left it to Schwarzenegger to satisfy himself that the five would never be freed from custody.
The governor's letter to the Supreme Court requested commutation of the state sentences "on the condition that if any of these individuals are ever approved for release from federal custody for any reason during his lifetime, such commutation order as to that individual becomes void." The state sentence is then reinstated.
The justices' written order agreed to the condition.
Randy Sue Pollock, who represented Tristan, said the defendants favored the plan. She declined to say why.
Gruel speculated the reason was related to a "package deal." As part of the agreement, he said, three Nuestra Familia associates on the streets were offered relatively light 10-year federal sentences.
"One might say they were trying to help out their colleagues," Gruel said.
He also suggested an alternative theory: "Maybe they'd just as soon not be at Pelican Bay."
