Man Convicted in West Sacramento Beating

The author stated that such an item “reminds me that I’m not alone and not fighting for nothing.” The author requested that the recipient delete everything from the author’s Myspace page.  Mr. Spangler objected to the addition of other letters on the grounds of hearsay – i.e. that they were not written by Michael Romero.  Judge Mock replied that “I would sustain the objection that it contains hearsay, but I’ll allow it for non-hearsay purposes.”  Mr. Spangler further objected that “its prejudicial aspect outweighs its probative value.”  Judge Mock, however, overruled him.

On cross-examination, Mr. Spangler asked Mr Naliboff to stand and read parts of the letter that had not been highlighted and had been passed over by the prosecution.  In those parts, the author spoke about the importance of education for the Red Nose Pitts.  At one point the author pointedly stated that “life is not about gangs or violence but about taking care of each other… we will see better days.” 

Mr. Spangler implied that the the prosecution was cherry-picking from the letter, thus losing context, and that they did not see fit to highlight and point out portions that showed more context and nuance.

We have already given the full account of Officer Duggins’ testimony[1] , however, there are two key points.

First, Officer Duggins had no direct knowledge of the Red Nose Pits gang of which Mr. Delgado was a member.  And second, Officer Duggins made key factual errors.

Officer Duggins acknowledged in the voir dire (which in this case was a preliminary examination of an expert witness to determine his qualifications and suitability to serve as an expert) that he had limited experience with the Red Nose Pits.  Prior to the beating, he acknowledged he had never dicussed with any Red Nose Pits gang member, the purpose of the gang or  what it meant to be in the gang.  He knew that some, including co-defendent Mason Delgado, had moved from the Citrus Heights/ North Highlands area to West Sacramento.  But he never really spoken to them about their aims or purposes.

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