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The decades-old criminal organization with roots in New York and the Balkans operates in dozens of countries, but its leaders have shown amazing ability to evade capture. More than one senior police source has attributed the organization's success to its ties with security services and intelligence agencies — perhaps even the CIA. What emerged is a picture of a well-disciplined, nimble, and creative network with a unique business model and a knack for staying ahead of the law. Keep reading to learn more. The world got a little smaller on July 17, That evening, television news reports in Peru and in Serbia were Yet few outside of law enforcement have heard of Group America. Show more. September 1st, March 15th, Your cookie preferences. We use cookies to improve your experience by storing data about your preferences, your device or your browsing session. We also use cookies to collect anonymized data about your behaviour on our websites, and to understand how we can best improve our services. To find our more details, view our Cookie Policy. Audience Measurement Cookies. Essential Cookies. Accept my choices. Accept all. Close and accept.

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Attorney's Office District of P. Juan R. Aguayo, Hato Rey, Christian G. West, Orlando, FL, for Defendants. Maryland, U. The other codefendants joined, Docket No. A hearing was held on the motions on March 25, , Docket No. At the end of the hearing the court granted all parties a further opportunity to file additional memoranda. Codefendants Montalvo and Rosario declined but reserved the right to reply, Docket No. The United States filed its final memorandum on May 6, , Docket A television interview of the father of the murder victim, the day after the verdict, the source of the request for new trial, was officially translated on July 13, , Docket No. The court is now ready to rule having the benefit of the memoranda filed by the parties, having held a hearing, Docket No. Further, codefendants allege that said statements evidence a violation of the Brady standard. Brady v. The original defendants were charged as the codefendants who actually performed the carjacking; the last two defendants were later charged as the intellectual masterminds behind the carjacking. Both Rosario and Montalvo were working at ACC as a counselor and as a hair cuttings instructor, respectively, while on leave from the halfway house. Montalvo and Rosario, as teacher and counselor, respectively, had offices in the administration side of the building and had access to student records. Papo was to bring a weapon for the hit. Papo forgot to bring the weapon. Edna's car suddenly appeared. No one had informed him about the baby. Edna took the baby carriage out of the car and entered a doctor's office. Freddy informed that he is hooked on cocaine. Edna left the doctor's office, and after making a phone call, moved toward her car pushing the baby stroller. The baby was given to Edna. The carjacking is thus consummated. Edna stated she was a poor girl. Edna stated, 'I turned the money over a couple of weeks before Fonsi was killed. Ada complies. The court skips the gory terror details of what Edna suffered between the purchase of the drugs and the arrival of the group at the Guayanez River where Edna was eventually killed. Before the car reached the river, it got stuck in a sugar cane bank; all then exited the car. Edna was further again threatened with the killing of her baby. She insisted that she has delivered the money. Papo had the knife and asked Edna to take her clothes off. Papo sucked her breasts. Others follow one by one. Ada was in the meantime in the car with the crying baby. After the rape, Edna was ordered to put her clothes back on. More slaps and fist hits were delivered to Edna. Edna fought for her life, grabbing Freddy by the neck. Papo entered the river and proceeded to slit Edna's throat. Papo told the others he had killed her. The body floated down the river. She did not ask anything about Edna. The codefendants then proceeded to work on removing the stuck car from the sugar cane field. The car jack of the vehicle was used \[9\] together with loose bamboo sticks to disengage the stuck car from the mud. Although the testimony of the codefendant was the principal basis to prove the crime, the court briefly sets forth some of the corroborating evidence presented at trial. Witness Roldan Flores, Docket No. After the crime, the codefendants went to 'Me Salve,' a retail store in Las Piedras. Freddy and Papo stayed in the car. On the way he suffered a car accident. Freddy hid when he noticed people coming toward the car. Antonio L. The husband identified the car, while looking for his wife. They were housed together at the same penal halfway house in Humacao. They were together prior thereto at a half-way house in Punta Lima, Naguabo. Juan Guillermo Roldan's testimony, Docket No. Circumstantial evidence also linked Edna to codefendants Rosario and Montalvo. She was a student at American City College where Rosario and Montalvo worked as counselor and instructor, respectively. Both had access to school records. No documents were drafted as to this transaction. No reasonable explanation as to the source of the money was provided since Rosario was then in custody at a halfway house in Humacao; prior thereto, he was at another halfway house in Naguabo. Rosario was the owner of a drug point in Juncos. While in jail the drug point was operated by 'Fonsi' the brother-in-law of Rosario. Juan G. Roldan Flores, Docket No. They had known each other since they were housed together at the federal penitentiary at MDC Guaynabo, P. Willie the barber' was also present. Samuel Rivera is the father of the murder victim Edna L. These facts totally shattered the reputation of the victim. The day after the verdict the victim's father was interviewed by Teleonce, T. Channel 11, News. Rivera said the following:. At the hearing held on March 25, , Transcript at Docket No. Rivera stated the following in response to counsel questions:. The evidence must be produced independently of whether or not the defendant requests the evidence. United States v. Agurs, U. Giglio v. The government's obligation to disclose favorable evidence to the defendant, however, is limited to evidence that is 'material' to the defendant's guilt or punishment. Brady, U. Bagley, U. The question is whether in the absence of the suppressed evidence, the defendant 'received a fair trial, understood as a trial resulting in a verdict worthy of confidence. Whitley, U. The defendant must show that the suppressed evidence could reasonably be taken to put the whole case in such a different light as to undermine confidence in the verdict. Lack of disclosure of evidence that is not admissible at trial is deemed not 'material' under Brady; hence failure to disclose it will not be considered a Brady violation. Wood v. Bartholomew, U. Ranney, F. See also United States v. Kennedy, F. She's innocent. Opinion testimony on the veracity of the testimony of another witness is not admissible. Akitoye, F. Sullivan, 85 F. Cortez, F. Allowing opinion testimony as to the veracity of a witness under Federal Rule of Evidence would turn the witness providing the opinion 'into a thirteenth juror. Anderskow, 88 F. Finally, the opinion testimony of the policeman does not even pass the test for authorizing layman opinion under Rule established by the court in Swajian v. General Motors Corporation, F. For opinion testimony of a layman to be discretionarily admitted by a trial court three elements must be met: 'First, the witness must have personal knowledge of the facts for which the opinion is to be derived. Second, there must be a rational connection between the opinion and the facts upon which it is based. Third, the opinion must be helpful in understanding the testimony or determining a fact in issue. He had no personal knowledge regarding Edna's activities or relationship while she was still alive. Most importantly, as explained below, this opinion would have been of no assistance to the jury because Edna's involvement with drugs or Fonsi constituted no necessary fact to the crimes with which defendants were charged, and, more than substantial evidence was presented to the jury to explain the conspiracy and its results. The court, therefore, determines following the mandate of the Court of Appeals in United States v. Docket No. In Smith v. Secretary of New Mexico Dept. The absence of evidence was thus brought to the attention of the jury and no Brady violation can therefore follow. Rossy, F. In conclusion, the alleged due process error for lack of disclosure of Brady related evidence was not committed in the instant case. Defendants further request a new trial based on the newly discovered evidence provided by Mr. Samuel Rivera to Teleonce, Docket No. The standard for new trial motion under Rule 33 based on newly discovered evidence is well known:. Tibolt, 72 F. Montilla-Rivera, F. Wright, F. Rothrock, F. Natanel, F. Benavente Gomez, F. If any of the required factors are missing, the request under Rule 33 must be denied. Muldrow, 19 F. Kelley, F. As analyzed above, opinions by lay persons about the credibility of witnesses are not authorized under Federal Rule of Evidence , United States v. Since opinion evidence cannot be admitted, it is not 'material' for the purpose of a new trial motion under Rule Finally inadmissible evidence will not as a matter of law result in a 'different outcome at trial. The factors of 'materiality' and 'likely to result in acquittal' are missing in this case. The new trial request under Rule 33 must be denied because if any of the required factors are missing, the new trial motion fails. He is one of the investigators assigned to the case. The facts connecting Rosario to the two murders were testified out of the presence of the jury. Edna was later asked how she knew that Fonsi was killed. Bourjaily v. United States, U. Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. Get free summaries of new District of Puerto Rico U. Federal District Court opinions delivered to your inbox! Montalvo United States v. Montalvo, 20 F. United States District Court, D. Puerto Rico. August 6, Corroborating Evidence Although the testimony of the codefendant was the principal basis to prove the crime, the court briefly sets forth some of the corroborating evidence presented at trial. Rivera said the following: 'I agree That they were found guilty; but what I don't agree with is that my daughter came out like a trafficker, because if they had told the press, like they told me, that she was innocent, that she didn't have anything to do with that, I would be more Yes, Sir. A: He told to me 'Sometime during the trial. Q: It is your testimony that what agent Torres told you was that there was no evidence that the government did not find any evidence that she was involved with drug trafficking. He didn't mention the government. He said that they had investigated. That they had investigated and that they found no evidence that she had been involved with Wilfredo and I can't recall their names. The last two. Q: Wilson Montalvo and Ralph Rosario. A: That she was not involved with them or with the money. Motion for new trials newly discovered evidence. Alleged Brady violation Brady v. New Trial. The standard for new trial motion under Rule 33 based on newly discovered evidence is well known: 'A motion for a new trial based on newly discovered evidence will not be allowed unless the movant establishes that the evidence was i unknown or unavailable at the time of trial, ii despite due diligence, iii material, iv likely to result in an acquittal upon retrial. The head never appeared. Enter Your Email. Justia Legal Resources. Find a Lawyer. Law Schools. US Federal Law. US State Law. Other Databases. Marketing Solutions.

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