GANGS: CONSIDERATIONS FOR COURTHOUSE SAFETY Keith G. Burt March 4, 2015 Appleton San Diego SAN DIEGO COUNTY 1
SAN DIEGO COUNTY 8/21/2014 University of Phoenix, San Diego Chula Vista Learning Center 5 TODAY S TOPICS Gangs Same page knowledge base Potential gang related Security Breaches & Resultant Harm Responses, Preparation & Prevention Specific Vulnerable Locales Courtroom, Courthouse Complex, Contiguous Areas, Public places, Your Home Learning Take aways 2
LEARNING GOALS 1. Awareness / understanding of potential gang related security threats to the court 2. Be able to identify those potential dangers 3. Know measures to prevent / avoid those dangers 4. Be ready to prepare implementation of those measures Gangs Vary Greatly in the U.S. Geographic Region Ethnic/Racial Make up Types of Activities Organizational Structure Historical Perspectives Social Interaction vis àvis gender & ethnicity Size Heritage Urban vs. Rural Relationship with Community Reasons for Being What is a Gang? No Universally Accepted Definition 3
REASONS FOR DEFINING A GANG Intel Gathering Case Investigation Public Protection Effective Prosecution Crime Solving Officer Safety Crime Suppression Meaningful Statistics Social Science Study GANG DEFINITION # 1 1. Name / Identifiable Leadership 2. Turf (Geographic / Economic Criminal Enterprise) 3. Regular Association 4. Engage In Crime / Delinquent Acts GANG DEFINITION # 2 3 or more members, generally aged 12 24. Members share an identity Typically linked to name / symbols. Members view themselves as a gang recognized by others as a gang. Permanence and degree of organization. Involved in elevated level of criminal activity National Gang Center 4
A Gang by any other Name is a Gang Gang Posse Clique Those guys / girls Crew Set Clika GANG STRUCTURE 1 HARDCORE GANG STRUCTURE 1 HARDCORE 5
HARDCORE CRIMES HOMICIDE DRUG SALE MOTIVE AUTO THEFT HOMICIDE GANG MOTIVE HOMICIDE REAL OR IMAGINED THREAT 5-25 HARDCORE ROBBERY: SUPER MARKET, ATM, LIQOUR STORE, AUTO, ATHLETIC STORES, AND STREET ATTACK BURGLARY GANG STRUCTURE 1 HARDCORE PERIPHERAL s Gang Structure - 2 Undisputed Leader 6
Gang Structure - 2 Undisputed Leader Conflict REORGANIZATION Gang Structure - 2 Undisputed Leader Conflict Gang Structure 3 LEADER MAIN OPERATOR (CLOSE/BEST FRIEND) PRIMARY DRUG SOURCE MAJOR DRUG CONNECTION Drug Distribution Operations Street Dealing Other Criminal Activities and Affiliations Gang Banging Gang Banging Gang Banging Gang Banging Gang Banging Gang Banging 7
What is a Gang Member? No Universally Accepted Definition Anyone perceived to be a willing participant acting in concert with a gang s delinquent or criminal behavior, or a self acknowledged member of a gang. How Many Gangs & Gang Members 30,700 gangs 850,000 members National Youth Gang Survey (NGC) estimates based on law enforcement reports, in 2012 throughout 2,199 jurisdictions across the United States. 30,313 gangs 1,140,344 members National Gang Intelligence Center (Fed. agencies) estimates for 2011. How Many Female Gang Members Law Enforcement: 7.4% (NYGC Survey 2010), i.e., 62,000 (If 40% in 2010 are under 18 years, girls = 25,160) Researchers: 33% Fagan (1989) 20% 46% Esbensen and Huizinga (1993) 24% NLSY* (1997) *National Longitudinal Survey of Youth 8
THE COURTS Why Do We Care About Gangs? Gangs scare People Disproportionate share of violent crime Gang affiliation is correlated to social ills Perception of gangs affects public policies and actions Perception determines the reality of justice Perception is born from reality! STUDIES LEGITIMIZE OUR FEARS GANG MEMBERS REPORT Rochester: 30% self reported committing 68% of all adolescent violent offenses Seattle: 15%: self reported committing 85% of adolescent robberies Denver: 14%: self reported committing 79% of all serious violent adolescent offenses Thornberry, T. P. (1998) Membership in Youth Gangs and Involvement in Serious and Violent Offending. 9
Total Population Total Homicides Gang Members are less than 1% 10 30 % Committed by Gang Members GANGSTERS AND MURDERS San Diego: Gang members =.4% of Pop. 30% of homicides gang related* Los Angeles: Gang members = 1.2% of Pop. 43% of homicides gang related** Chicago: Gang members = 2.6% of Pop. 25 33% of homicides gang related*** * Angené, L. (1983). San Diego Gang Prosecution Unit Analysis. ** Los Angeles Almanac (2014) Gang Related Crime In Los Angeles. Retrieved from http://www.laalmanac.com/crime/cr03x.htm *** Chicago Police Department R&D Div. (2011). Chicago Murder Analysis. Question! What is the single most significant factor distinguishing gang cases from others that find their way into the courts? 10
GANG CASE DISTINGUISHING FACTORS WITNESS INTIMIDATION GANG CODE OF SILENCE COMMITMENT TO PAYBACK UNFAMILIAR AREAS OF EXPERTISE UNIQUE LEGAL & ETHICAL ISSUES RE WITNESS CONTACTS GANG CASE DISTINGUISHING FACTORS (Cont.) UNIQUE PROBATION COND. & REVOCATION PROCEDURES GANG SEARCH WARRANTS ENHANCED COURTROOM & OFFICE SECURITY COSTLY & COMPLEX WITNESS PROTECTION EFFORTS 11
Gang Tie Investigated In Prosecutor s Killing Killer Sought in Boston Death of Gang Prosecutor Defendant Slashes Lawyer in Courtroom A defendant in a San Diego criminal trial used a razor blade Thursday to slash his defense lawyer in the face in front of jurors.. Defendants are alleged members of the Mexican Mafia prison gang LAPD detective injured when murder defendant throws chair in court Deputy D.A. also struck. January 29, 2014 The female detective was struck on the head during a hearing when the [gang member] defendant, grabbed a chair and tossed it about 15 feet. The detective was hospitalized. 12
LAPD detective injured when murder defendant throws chair in court Deputy D.A. also struck. January 29, 2014 The female detective was struck on the head during a hearing when the [gang member] defendant, grabbed a chair and tossed it about 15 feet. The detective was hospitalized. Marshal kills defendant at gang trial in Salt Lake City April 21, 2014 A U.S. marshal shot and killed a Pacific Islander gang member Monday when the defendant tried to attack a witness with a pen inside the new federal courthouse in Salt Lake City Apparent threat prompts protection of Charlotte judges, city attorney Feb. 22, 2015 Authorities raided [alleged gang member s jail] cell and found photographs of two judges and the Charlotte city attorney. 13
Gang Member`s Family Attacks Jury May 31, 2010 Jurors who had just convicted a gang member of murdering a 16-year-old boy were confronted outside the Riverside courthouse Thursday by the defendant`s angry relatives... The juror who was hit, a 47-year-old man, did not require medical attention. Gang fight in courthouse brings security concerns April 10, 2014 A fist fight between rival gang members inside the Grant County courthouse has commissioners considering increased security measures. Quite a weapons cache found at L.A. County courthouses February 20, 2009 Security screeners at Los Angeles County s court buildings last year confiscated 53,302 knives, 24,783 scissors, 21,014 razors, 8,208 pairs of handcuffs and 114 stun guns enough to equip a small army. 14
SOURCE OF SECURITY BREACHES People! Court clerk in L.A. accused of revealing raids to gang members August 16, 2012 An employee of a federal court in Los Angeles and her husband are accused of leaking sealed court files to people targeted in anti-gang raids. 15
13 corrections officers indicted in Md., accused of aiding gang s drug scheme PRISON GANGS Control gang activities out of prison by Visitation Notes & coded communication Defense attorneys Corrupt prison & court staff Court sessions Institution phones (includes in the tank) Social media. NGIC 2013 National Gang Report CASE STUDY #1 Eduardo Macias 16
COMMON PRISON SHANKS CASE STUDY #2 Los Palillos Drug Cartel Jorge Rojas Lopez Juan Francisco Estrada Gonzalez 17
IN CUSTODY WITNESSES Book under false names Kept confidential House out of county Need agreements with other counties All transports done by D.A. Investigators Keep Separate orders Reduces ability to plot. (not only from other defendants but witnesses too. IN CUSTODY MONITORING Jail Calls Email 18
CLOSE THE HEARING Justified when 4 conditions met: Overriding interest likely to be prejudiced by a public hearing. Narrowly tailored to protect that interest. Alternatives to closure considered by Court. Court makes findings sufficient to support it. State v. Ndina (2009) 315 Wis.2d 653, 688, citing Waller v. Georgia, 467 U.S. 39 SCR 61.01 AUTHORITY OF TRIAL JUDGE These rules of conduct... do not limit or restrict the power, authority or responsibility otherwise vested in the trial judge to control the conduct of proceedings before the judge. The authority of the trial judge over the inclusion or exclusion of the press or the public at particular proceedings or during the testimony of particular witnesses is applicable to any person engaging in any activity authorized by this chapter. FEMALES (1) FEW RECOGNIZED FEMALE GANGS CLIQUES WITHIN MALE GANGS SUPPORTIVE ROLE SEX, SOCIALIZING, PARTY GIRLFRIENDS, SISTERS, ETC PROVIDE SAFE HOUSES, ALIBIS, CARS FOR CRIME, GUNS, etc. 19
FEMALES (2) GATHER INTELLIGENCE (CROSS GANG BOUNDARIES) SET UP RETALIATIONS DISTRACT POLICE & OTHERS BACK-UP (ACTUAL SHOOTING) COURIERS CARRY WEAPONS & DRUGS FEMALES (3) THE NEW ORDER INDEPENDENT GANGS EQUAL IN SAME SEX FRIENDSHIP BONDS ALMOST DOUBLE THE MALE RATE OF KILLINGS 20
Court clerk in L.A. accused of revealing raids to gang members An employee of a federal court in Los Angeles and her husband are accused of leaking sealed court files to people targeted in anti-gang raids. Court clerk in L.A. accused of revealing raids to gang members An employee of a federal court in Los Angeles and her husband are accused of leaking sealed court files to people targeted in antigang raids. 21
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SAN DIEGO, CALIFORNIA Total Population Total Homicides Gang Members are Less than 1% 10-30% Committed by Gang Members Total Population Total Homicides Gang Members are Less than 1% 10-30% Committed by Gang Members 29
Defendant Slashes Lawyer in Courtroom A defendant in a San Diego criminal trial used a razor blade Thursday to slash his defense lawyer in the face in front of jurors.. Defendants are alleged members of the Mexican Mafia prison gang Gang Tie Investigated In Prosecutor s Killing Killer Sought in Boston Death of Gang Prosecutor 30
60,000 50,000 40,000 30,000 2006 2008 20,000 10,000 0 Knives Scissors Razors Handcuffs Stun Gun Marshal kills defendant at gang trial in Salt Lake City April 21, 2014 A U.S. marshal shot and killed a Pacific Islander gang member Monday when the defendant tried to attack a witness with a pen inside the new federal courthouse in Salt Lake City Shooting at Salt Lake City courthouse: Accused gang member fatally shot by U.S. marshal April 21, 2014 The defendant, Siale Angilau, 25, who was not handcuffed, lunged at the witness on the first day of testimony in his trial, was shot by a marshal in the courtroom. 31
COMMON PRISON SHANKS COMMON PRISON SHANKS 32
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