Fernandez

ORDER ON MOTIONS REGARDING ADMISSIBILITY OF ROCHIN’S TESTIMONY

The government intends for Jesus Ro-chin, a defendant in this case who has entered into a plea agreement and is cooperating with the government, to testify for the government. The government seeks to introduce Rochin’s testimony regarding statements allegedly made by Jacobo about the Montebello murders and a “snitch” letter he saw that Jacobo received from Martinez in January 2000. The government also seeks to introduce a birthday card signed by several defendants and sent to Rochin in December 1999. In addition, the government intends for Rochin to testify regarding statements made to him by Mariano Martinez, another co-defendant in this case, soon after the Montebello murders. The statements sought to be introduced implicate defendants Jacobo, Areva-lo, Castillo and Mercado in the murders.

Defendants challenge the admissibility of the statements on the grounds that they are inadmissible hearsay that do not fall into any exception. Jacobo also argues that they are not admissible because Ro-chin is a government informant and therefore Jacobo’s Sixth Amendment right to counsel is violated under the Massiah line of…