A federal judge has turned down a request by the government to seal transcripts reflecting testimony by six witnesses in the racketeering case against the North Carolina Latin Kings.
Prosecutors sought to shield the testimony of former Latin Kings members Marcelo Perez (Sacrifice), Luis Alberto Rosa (Speechless), Richard Robinson (Focus), Charles Lawrence Moore (Toasty), Allan Jordan (Smooth), along with a sixth witness, Antwan Lloyd.
The government contends that the information could be used for retaliatory purposed by North Carolina Latin Kings leader Jorge Cornell (Jay) and other defendants, Russell Kilfoil (Peaceful) and Ernesto Wilson. Cornell and Wilson were sentenced in August, while Kilfoil's sentencing has been scheduled for Oct. 9. The government is also concerned that three other defendants who pleaded guilty but did not cooperate — Jason Paul Yates (Squirrel), Wesley Anderson Williams (Bam) and Steaphan Acencio-Vasquez (Leo) might use the information for retaliatory purposes.
US District Court Judge James A. Beaty found that the government did not meet the "heavy burden" of overcoming the common law presumption that the public has the right "to inspect and copy all judicial records and documents."
"The government wishes to shield the witnesses' trial transcript testimony from defendants who were present at the public, criminal trial and could readily identify witnesses and their testimony," Beaty wrote. "Thus, any potential act of retaliation may not necessarily stem from witnesses' trial transcripts."
Beaty said the government's request comes far too late to be meaningful, considering that the trial took place 10 months ago.
"The nature and content of witnesses' testimony were the subject of extensive reporting in the news and such information is available to the public from various media outlets," Beaty added. "Therefore, any act now by the court to shield witnesses' trial transcripts from the public would not likely thwart third-party retaliation because the request comes 'too late' to prevent public disclosure."
Showing posts with label Jason Paul Yates. Show all posts
Showing posts with label Jason Paul Yates. Show all posts
Five NC Latin Kings who pleaded guilty receive sentences
Compared to the sentencing hearing for Jorge Cornell yesterday, which lasted almost four hours, the federal legal machinery made quick work of five cooperating NC Latin Kings defendants who pleaded guilty.
Marcelo Ysrael Perez, who admitted to shooting a Mexican construction worker as part of a retaliatory strike by the Latin Kings, received a 10-year prison sentence from US District Court Judge James A. Beaty Jr. during the hearing at the federal building in Winston-Salem today. The sentence combined five years for conspiracy to participate in a racketeering enterprise with five years for use of a firearm during a violent crime in aid of racketeering. The sentence allowed a five-year sentence for assault in relation to racketeering activity to run concurrently.
Defense lawyer Jason L. Russo credited Perez's cooperation for allowing the government to make its case against the NC Latin Kings, including tacking on a 10-year mandatory minimum onto Cornell's sentence, which totaled 28 years.
"Mr. Perez and the status he held in the organization, the fact that he came in prompted others to come in and cooperate with the government," Russo said. "The superceding indictment that resulted in Mr. Cornell receiving an enhanced sentence was because of him. It was his information that gave the government the confidence to go forward with that."
Russo refuted Cornell's statement in court the previous day that he has never ordered any violent activity.
"That is entirely false," Russo said. "[Perez] has been approached by people who said, 'Mr. Cornell has ordered us to kill you. If not today, then tomorrow.'
"My client has been approached by people in prison who have transcripts of his testimony and his picture, not only Latin Kings but Bloods," Russo said. "He's had to physically defend himself. There are Latin Kings sites on the internets with directives that say they are to terminate on sight this man, whether he is incarcerated or on the street."
Judge Beaty noted before handing down the sentence that Perez had committed a serious offense, but that he had expressed remorse and provided substantial assistance to the government.
Perez, who is a songwriter and visual artist, said he has found religion in prison. He said he hopes that Rojelio Lopez, the victim of the shooting, will forgive him, and knows that God has done so.
Other defense lawyers gave similar accounts of how their clients had been threatened because of their cooperation.
James Craven, the defense lawyer for Luis Rosa, said his client's family has endured hang-up phone calls and strange cars driving by at night.
"I can't say enough good about this young man," Craven said. "This has been a god-awful learning experience for him."
Craven related that after Rosa was arrested two Latin Queens called him to make sure that he knew that his client had a serious heart condition. He mentioned it to Rosa on their first meeting.
"He said, 'No, no, I just made that up,'" Craven recalled. "The Latin Kings swallowed it hook, line and sinker. Even the Latin Kings gave him a pass because of it. He even had his girlfriend drive him to the clinic and then she picked him up around back. For my money, it was extremely clever, but it also shows how badly he wanted out."
Rosa's mother and father and his girlfriend attended the sentencing.
"Thank you for having me. I'm sorry for the circumstances. I'm just trying to get my time done so I can get back to my family."
Rosa received an active prison sentence of three years and seven months.
Afterwards, his lawyer said, "We're not going to appeal; we're going to rejoice." Leaving the courtroom, Rosa's mother reached over and squeezed the hand of Guilford County Sheriff's Deputy Nicholas Combs, who worked on the case under the supervision of the US Justice Department.
Charles Moore received a sentence of one year and eight months and an order to participate in mental health treatment, while his mother, seated beside Moore's stepfather, wiped away tears.
Moore's defense lawyer, Robert McClellan, noted that his client had a serious alcohol problem and joined the Latin Kings to avoid being homeless.
US Attorney Robert AJ Lang spoke in support of a lenient sentence. He said Moore's cooperation affirmed the government's belief that the prosecution was "in the right place and focused on the right person. Jorge Cornell, Lang said, drew in people who were vulnerable "to create an organized crime enterprise to wreak havoc in the community."
Richard Robinson, along with Perez, Rosa and Moore, received a 50 percent reduction in his sentence thanks to a letter from the government recognizing his substantial assistance in prosecuting the case.
Judge Beaty sentenced Robinson to four years in prison, in contrast to sentencing guidelines calling for eight to 10 years.
Robinson's lawyer, David B. Smith, noted that his client is an aspiring chef.
"He enrolled in two culinary art schools — one in Charlotte and one in Durham," Smith said. "He was at the one in Durham when he was arrested. He has done everything he could to turn his life around, and that began even before he was arrested."
Smith said that, unlike three of the other defendants, Robinson had no family members in the courtroom to support him, adding that his client was estranged from both of his parents. The lawyer said the geographic location of the prison where his clients would serve his sentence didn't matter because he doesn't anticipate visits from family members.
"I personally apologize to my family," Robinson told the court. "My mother, even though she raised me better, I disgraced her by my actions. I ask you to show mercy on me."
Among the five defendants on the docket for sentencing today, one did not agree to assist the government in exchange for a recommendation for time reduction.
Jason Paul Yates, a longtime rival of Cornell's for leadership of the Latin Kings, received a sentence of about 17 years. As Yates' mother, partner and daughter sat in the courtroom, the defendant's lawyer said his client took responsibility for his role in the Latin Kings' activities.
Joseph M. Wilson, Yates' lawyer, told the court his client had always worked, including stints managing retail shoe stores, even while active in the Latin Kings. He added that Yates "has taken care of his child, to the best of his ability."
"I'm remorseful for what has happened," Yates told the court. "I accept responsibility for falling back in with the wrong crowd."
The judge sentenced the 32-year-old Yates to about 17 years in federal prison — which falls in the middle of the guideline range. But the judge agreed that Yates could serve his federal sentence concurrently with an active state sentence. Yates is serving 27 years in the North Carolina corrections system for armed robbery and second-degree kidnapping.
Marcelo Ysrael Perez, who admitted to shooting a Mexican construction worker as part of a retaliatory strike by the Latin Kings, received a 10-year prison sentence from US District Court Judge James A. Beaty Jr. during the hearing at the federal building in Winston-Salem today. The sentence combined five years for conspiracy to participate in a racketeering enterprise with five years for use of a firearm during a violent crime in aid of racketeering. The sentence allowed a five-year sentence for assault in relation to racketeering activity to run concurrently.
Defense lawyer Jason L. Russo credited Perez's cooperation for allowing the government to make its case against the NC Latin Kings, including tacking on a 10-year mandatory minimum onto Cornell's sentence, which totaled 28 years.
"Mr. Perez and the status he held in the organization, the fact that he came in prompted others to come in and cooperate with the government," Russo said. "The superceding indictment that resulted in Mr. Cornell receiving an enhanced sentence was because of him. It was his information that gave the government the confidence to go forward with that."
Russo refuted Cornell's statement in court the previous day that he has never ordered any violent activity.
"That is entirely false," Russo said. "[Perez] has been approached by people who said, 'Mr. Cornell has ordered us to kill you. If not today, then tomorrow.'
"My client has been approached by people in prison who have transcripts of his testimony and his picture, not only Latin Kings but Bloods," Russo said. "He's had to physically defend himself. There are Latin Kings sites on the internets with directives that say they are to terminate on sight this man, whether he is incarcerated or on the street."
Judge Beaty noted before handing down the sentence that Perez had committed a serious offense, but that he had expressed remorse and provided substantial assistance to the government.
Perez, who is a songwriter and visual artist, said he has found religion in prison. He said he hopes that Rojelio Lopez, the victim of the shooting, will forgive him, and knows that God has done so.
Other defense lawyers gave similar accounts of how their clients had been threatened because of their cooperation.
James Craven, the defense lawyer for Luis Rosa, said his client's family has endured hang-up phone calls and strange cars driving by at night.
"I can't say enough good about this young man," Craven said. "This has been a god-awful learning experience for him."
Craven related that after Rosa was arrested two Latin Queens called him to make sure that he knew that his client had a serious heart condition. He mentioned it to Rosa on their first meeting.
"He said, 'No, no, I just made that up,'" Craven recalled. "The Latin Kings swallowed it hook, line and sinker. Even the Latin Kings gave him a pass because of it. He even had his girlfriend drive him to the clinic and then she picked him up around back. For my money, it was extremely clever, but it also shows how badly he wanted out."
Rosa's mother and father and his girlfriend attended the sentencing.
"Thank you for having me. I'm sorry for the circumstances. I'm just trying to get my time done so I can get back to my family."
Rosa received an active prison sentence of three years and seven months.
Afterwards, his lawyer said, "We're not going to appeal; we're going to rejoice." Leaving the courtroom, Rosa's mother reached over and squeezed the hand of Guilford County Sheriff's Deputy Nicholas Combs, who worked on the case under the supervision of the US Justice Department.
Charles Moore received a sentence of one year and eight months and an order to participate in mental health treatment, while his mother, seated beside Moore's stepfather, wiped away tears.
Moore's defense lawyer, Robert McClellan, noted that his client had a serious alcohol problem and joined the Latin Kings to avoid being homeless.
US Attorney Robert AJ Lang spoke in support of a lenient sentence. He said Moore's cooperation affirmed the government's belief that the prosecution was "in the right place and focused on the right person. Jorge Cornell, Lang said, drew in people who were vulnerable "to create an organized crime enterprise to wreak havoc in the community."
Richard Robinson, along with Perez, Rosa and Moore, received a 50 percent reduction in his sentence thanks to a letter from the government recognizing his substantial assistance in prosecuting the case.
Judge Beaty sentenced Robinson to four years in prison, in contrast to sentencing guidelines calling for eight to 10 years.
Robinson's lawyer, David B. Smith, noted that his client is an aspiring chef.
"He enrolled in two culinary art schools — one in Charlotte and one in Durham," Smith said. "He was at the one in Durham when he was arrested. He has done everything he could to turn his life around, and that began even before he was arrested."
Smith said that, unlike three of the other defendants, Robinson had no family members in the courtroom to support him, adding that his client was estranged from both of his parents. The lawyer said the geographic location of the prison where his clients would serve his sentence didn't matter because he doesn't anticipate visits from family members.
"I personally apologize to my family," Robinson told the court. "My mother, even though she raised me better, I disgraced her by my actions. I ask you to show mercy on me."
Among the five defendants on the docket for sentencing today, one did not agree to assist the government in exchange for a recommendation for time reduction.
Jason Paul Yates, a longtime rival of Cornell's for leadership of the Latin Kings, received a sentence of about 17 years. As Yates' mother, partner and daughter sat in the courtroom, the defendant's lawyer said his client took responsibility for his role in the Latin Kings' activities.
Joseph M. Wilson, Yates' lawyer, told the court his client had always worked, including stints managing retail shoe stores, even while active in the Latin Kings. He added that Yates "has taken care of his child, to the best of his ability."
"I'm remorseful for what has happened," Yates told the court. "I accept responsibility for falling back in with the wrong crowd."
The judge sentenced the 32-year-old Yates to about 17 years in federal prison — which falls in the middle of the guideline range. But the judge agreed that Yates could serve his federal sentence concurrently with an active state sentence. Yates is serving 27 years in the North Carolina corrections system for armed robbery and second-degree kidnapping.
Sentencing for Latin Kings scheduled for August
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| Jorge Cornell (right) in Greensboro about a month before his arrest. |
Jorge Cornell, inca, or leader, of the North Carolina Latin Kings from 2005 to 2011, along with his brother, Russell Kilfoil, are scheduled to be sentenced at the Hiram H. Ward federal building in downtown Winston-Salem on Aug. 14 at 10 a.m. Russell Kilfoil is also known as Jonathan Hernandez.
Cornell and Kilfoil were found guilty of racketeering by a federal jury in November 2012.
Ernesto Wilson, a Latin Kings associate who was convicted with Cornell and Kilfoil will be sentenced on Aug. 13 at 10 a.m. at the same location, along with Wesley Williams and Steaphan Acencio-Vasquez. Williams and Acencio-Vasquez pleaded guilty before the case went to trial, but did not testify.
Four others, Jason Paul Yates, Marcelo Ysrael Perez, Luis Rosa, Richard Robinson and Charles Moore, will be sentenced on Aug. 15 at 10 a.m. at the federal court building. Yates, a rival of Cornell for leadership of the North Carolina Latin Kings, was to be tried separately because his original lawyer was not prepared to represent him with the other defendants. He subsequently pleaded guilty. Perez, Rosa, Robinson and Moore pleaded guilty and testified for the government.
Three other defendants, Samuel Velasquez, Irvin Vasquez and Randolph Kilfoil, who is also Cornell's younger brother, were acquitted by the jury at the conclusion of the 2012 trial. A racketeering charges against a fourth defendant, Carlos Coleman, was dismissed by US District Court Judge James A. Beaty Jr.
Cornell founded the North Carolina Latin Kings in Greensboro in 2005 after relocating from New York with his family three years earlier. As a member of the New York Latin Kings in the mid- to late 1990s, he was strongly influenced by Antonio Fernandez, a leader known as King Tone. Cornell later recounted that he received authorization from the national leadership of the Latin Kings in Chicago to start the North Carolina organization.
After going public to protest police harassment in 2008, the North Carolina Latin Kings under Cornell's leadership aligned themselves with an interracial group of pastors. Cornell made two unsuccessful bids for Greensboro City Council, and his organization remained a fixture on the city's social justice scene until a federal raid in December 2011 led to the jailing of most of the organization's membership.
Jason Paul Yates, Latin Kings defendant, pleads out
Jason Paul Yates, a defendant in the North Carolina Latin Kings federal racketeering case, has entered a plea agreement with the US government.
The plea agreement, which was entered on Monday, was filed under seal. Yates' court-appointed lawyer, Joseph M. Wilson Jr., had alluded to a possible plea agreement when he mentioned his client's plans to meet with prosecutors "to see if the matter can be resolved" during a hearing last month.
Yates and co-defendant Jorge Cornell were rivals for the leadership of the North Carolina Latin Kings, with Yates coming to North Carolina from the Chicago area, where the street organization was founded in the 1940s, while Cornell moved to Greensboro from New York City in 2002. Chicago has developed a reputation as the more ruthless of the two organizations, while Cornell joined the Latin Kings in New York as a follower of the reform-minded King Tone in the 1990s.
Yates was active as a Latin King in Raleigh in the mid-2000s. In 2008, he moved to Greensboro, and Cornell moved into Yates' apartment shortly afterwards. Cornell was at Yates' apartment when he was shot by an unknown assailant in the summer of 2008. The crime has never been solved. Yates was a candidate to replace Cornell as a statewide leader of the Latin Kings that same year when a meeting was called by a faction intent on ousting Cornell. Yates lost the vote, and Cornell reportedly stripped him of his membership with authorization from the Chicago leadership of the Latin Kings.
Cornell, his younger brother Russell Kilfoil and an associate named Ernesto Wilson were convicted by a federal jury of racketeering in December, and await sentencing. Three other defendants were acquitted, and the charge was dropped against one by Judge James A. Beaty during the trial. Yates was originally going to be tried with the other seven defendants, but his case was severed from the others after his previous lawyer told the judge she was not prepared to go to trial.
The plea agreement, which was entered on Monday, was filed under seal. Yates' court-appointed lawyer, Joseph M. Wilson Jr., had alluded to a possible plea agreement when he mentioned his client's plans to meet with prosecutors "to see if the matter can be resolved" during a hearing last month.
Yates and co-defendant Jorge Cornell were rivals for the leadership of the North Carolina Latin Kings, with Yates coming to North Carolina from the Chicago area, where the street organization was founded in the 1940s, while Cornell moved to Greensboro from New York City in 2002. Chicago has developed a reputation as the more ruthless of the two organizations, while Cornell joined the Latin Kings in New York as a follower of the reform-minded King Tone in the 1990s.
Yates was active as a Latin King in Raleigh in the mid-2000s. In 2008, he moved to Greensboro, and Cornell moved into Yates' apartment shortly afterwards. Cornell was at Yates' apartment when he was shot by an unknown assailant in the summer of 2008. The crime has never been solved. Yates was a candidate to replace Cornell as a statewide leader of the Latin Kings that same year when a meeting was called by a faction intent on ousting Cornell. Yates lost the vote, and Cornell reportedly stripped him of his membership with authorization from the Chicago leadership of the Latin Kings.
Cornell, his younger brother Russell Kilfoil and an associate named Ernesto Wilson were convicted by a federal jury of racketeering in December, and await sentencing. Three other defendants were acquitted, and the charge was dropped against one by Judge James A. Beaty during the trial. Yates was originally going to be tried with the other seven defendants, but his case was severed from the others after his previous lawyer told the judge she was not prepared to go to trial.
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