People v. Aguilera CA1/2

BACKGROUND

Introduction The trial here involved the all-too-frequent gang retaliation killing, in a setting that presented the trial court with many sensitive, and frequently troublesome, pretrial and trial issues. That setting includes the fact that the trial was set for early June 2013, not long after a high visibility, high profile, four-month trial involving the mistaken-identity revenge killing of a father and two sons by a member of the MS-13 gang. Many of the witnesses expected to testify in this case had prior criminal records, including some who had suffered convictions in connection with the very incident involved here. And Roberto Acosta, the key prosecution witness, admitted to having been involved in no fewer than nine homicides in his native Honduras. In short, many complications were anticipated. The case was assigned to the Honorable Harold Kahn for trial. Judge Kahn devoted some five days to dealing with numerous pretrial and possible trial issues, including severance; evidentiary issues surrounding in-custody statements and gang- related testimony; in limine motions; and Evidence Code section 402 hearings. Then, following lengthy jury selection, the trial…