Maciel

I. FACTS

A. Guilt Phase

1. Prosecution Case

a. Circumstances surrounding the murders

1) Overview On Saturday, April 22, 1995, between 10:00 and 10:30 p.m., three adults — Anthony ―Dido‖ Moreno, his sister, Maria Moreno, and Gustavo ―Tito‖ Aguirre — and two of Maria‘s children — five-year-old Laura Moreno and six-month-old Ambrose Padilla — were shot to death in a house located at 3843 Maxson Road in El Monte, California. Richard ―Primo‖ Valdez, a Sangra street gang member, shot and killed Anthony Moreno and Gustavo Aguirre, while his fellow Sangra gang member Jimmy ―Character‖ Palma shot and killed Maria Moreno and the children. Sangra gang members Danny ―Tricky‖ Logan and Anthony ―Scar‖ Torres also participated in the shootings. The prosecution‘s theory was that the killings were ordered by Mexican Mafia member Raymond Shyrock, who had recently sponsored defendant (who was also known as ―Pelon‖) to become a member of the Mexican Mafia. The prosecutor theorized that defendant had conspired to commit or aided and abetted the commission of the murders, but was not present when the shootings occurred. The prosecutor also theorized that Anthony ―Dido‖ Moreno was killed because he…