People v. Pacheco CA2/2

FACTS

Background On October 15, 2010, Edward Martinez (Martinez), Gilbert Adame (Gilbert), and Michael Adame (Michael) were relaxing in the front yard of Gilbert’s apartment complex with a few others. At the time, Martinez was a member of the Clover gang, and he had a verbal altercation with “Gunner,” a member of a rival gang known as Lincoln Heights. Later, Gunner returned and punched Martinez in the face. Gunner said, inter alia, that Martinez was “going to get it” and then walked away. Martinez and others moved to benches in back of the complex. Soon after, a man appeared and began shooting, ultimately hitting Martinez in the head, left hand and left leg. Motion to Admit Michael’s Preliminary Hearing Testimony Prior to trial, the prosecutor made a motion to admit the preliminary hearing testimony of Michael on the grounds that he was unavailable. The trial court held a hearing to determine whether the prosecution had been diligent in its efforts to secure Michael’s presence at trial. During the hearing, the trial court heard the following evidence: In June 2013, Los Angeles Police Officer Cynthia Peraza was asked by the prosecution to help locate witnesses. At the time,…