United States v. Martinez

92 F.4th 1213

UNITED STATES of America, Plaintiff-Appellee, v. Jody Rufino MARTINEZ, a/k/a Mono, Defendant-Appellant.

No. 22-2034

United States Court of Appeals, Tenth Circuit

FILED February 16, 2024

Appeal from the United States District Court for the District of New Mexico (D.C. No. 1:19-CR-03725-JB-1)

Nichols T. Hart (Carter B. Harrison IV with him on the briefs), Harrison, Hart & Davis, LLC, Albuquerque, NM, for Defendant-Appellant.

Richard C. Williams, Assistant United States Attorney (Alexander M.M. Uballez, United States Attorney, Albuquerque, New Mexico, with him on the brief), Las Cruces, NM, for Plaintiff-Appellee.

Before HOLMES, Chief Judge, MORITZ, and EID, Circuit Judges.

HOLMES, Chief Judge.

A jury convicted Jody Rufino Martinez, a member of the Syndicato de Nuevo México ("SNM"), a violent New Mexico-based prison gang, of murder under the Violent Crimes in Aid of Racketeering ("VICAR") Act, 18 U.S.C. § 1959(a), racketeering conspiracy, and unlawful possession of a firearm. Mr. Martinez appeals his convictions, arguing that the district court abused its discretion in three principal ways: (1) by denying his motion to dismiss under the Speedy Trial Act, (2) by admitting unduly prejudicial evidence during trial, and (3) by denying his motion for a new trial after evidence emerged that he was involved in threats to kill the presiding district court judge. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I. BACKGROUND

Mr. Martinez's convictions stem from the 2008 murder of David Romero and the 2018 shooting of Donald Salazar. To begin, we offer a general overview of the facts established at trial concerning the culture and operations of SNM and those two incidents. Next, we briefly summarize the procedural history leading to Mr. Martinez's appeal. We explore in greater detail the factual and procedural background pertinent to Mr. Martinez's appellate challenges in the relevant sections of our analysis.

A. Factual Background

1. SNM

SNM has operated within New Mexico's prison system for decades. Indeed, the gang's purpose is to "run the prison system," a mission it accomplishes through violent crime and drug distribution, both inside the prison system and "on the streets." R., Vol. 4, at 892 (Test. of Mario Rodriguez) (Trial Tr., Vol. 3, dated Mar. 3, 2021). In that regard, violence is central to the gang's life and the activities of gang members.

Gang leadership exercises control over the organization by embracing a "[b]lood in, blood out" philosophy, meaning that a prospective member must "spill an enemy's or rival's blood," id.—which is called "[e]arning your bones," id. at 895—"and [then] there is no getting out until you are dead," id. at 892. When a person becomes a member (a "carnal"), he is expected "to perpetuate the violence of the SNM" by assaulting or killing rivals, id. at 894, sex offenders, and "snitches," id. at 1341 (Test. of Matthew Martinez) (Trial Tr., Vol. 5, dated Mar. 5, 2021). A member's capacity to inflict violence is a critical component of the organization's broader effort to maintain status in New Mexico's criminal underbelly. As one SNM member explained, SNM maintains its primacy "by instilling fear in other people." Id. at 2060 (Test. of Billy Cordova) (Trial Tr., Vol. 8, dated Mar. 10, 2021). In SNM's view, that means that "if you move on one of us, we move back on you." Id.

In that regard, a "move" on SNM was always perceived as a sign of "disrespect." Id. And "respect" in SNM's milieu is "everything"; it is so important that it behooves SNM members to "protect it with [their] li[ves]." Id. at 897. Because tolerating disrespect threatens to unravel the fabric of its power—that is, fear—SNM members cannot countenance it in "any way, shape, or fashion, no matter how severe the consequences are"—even if those consequences entail "get[ting] a life sentence." Id. at 2060.

But just as "get[ting] a life sentence" to maintain "respect" will get you "a pat on the back" in SNM, id., disobeying orders will get you "green l[it]"—meaning, killed, id. at 944 (Test. of Roy Martinez) (Trial Tr., Vol. 3, dated Mar. 3, 2021). With death as the punishment for insubordination, SNM's carnals have "no choice," in their view, but to follow orders—including orders to kill people suspected of cooperating with law enforcement. Id. at 923. As one SNM member explained, "[w]hen there is a green light" on the line, SNM members "don't take th[e] chance" of being disobedient. Id. at 2052.

2. The FBI's Investigation into SNM

In March 2015, the FBI launched an investigation of SNM after receiving information regarding threats to New Mexico Department of Corrections personnel. The investigation and resulting charges occurred in phases, the last of which was prompted by the 2019 murder of a cooperating witness. The government arrested Mr. Martinez as part of this latter phase of the investigation.

3. The VICAR Charge and the 2008 Murder of David Romero

a. Mr. Romero's Failed Drug Delivery

Though not a member of SNM, David Romero, Mr. Martinez's cousin, agreed to smuggle drugs into New Mexico prison for the gang's consumption. The risks were high: "if someone was asked to smuggle drugs into a jail and failed to follow through" they would be punished with "severe consequence[s]," including "[g]reat bodily harm." Id. at 1112 (Test. of Rudy Salazar) (Trial Tr., Vol. 4, dated Mar. 4, 2021).

But, according to Rudy Salazar ("Rudy"), who joined SNM in the summer of 2008, Mr. Martinez had enough confidence in Mr. Romero to entrust him with "a package of drugs" intended for his imprisoned compatriots. Id. at 1113. Mr. Romero, however, "burnt" Mr. Martinez by "never turn[ing] himself in to the [authorities], and ... disappearing" with the goods. Id. When word got around, the "carnals" took Mr. Romero's failure to hold up his end of the deal as "disrespect." Id. at 1358. In effect, by absconding with the drugs, Mr. Romero broke "one of the codes that you never break": he "cross[ed] the SNM." Id. Mr. Martinez responded by calling an Albuquerque-based SNM associate, Billy Cordova ("Billy"), to "hold" Mr. Romero "if ... he show[ed] up" at a "sugar shack"—viz., a "heroin house"—"because he had burned [SNM]." Id. at 2061-62. Billy never had the opportunity to "hold" Mr. Romero, as the latter never appeared in Albuquerque.

b. The Murder

In November 2008, Mr. Romero emerged but "was on the run" and told Rudy that he "wanted to turn himself in." Id. at 1111. Rudy told Mr. Martinez that Mr. Romero "was looking for help to turn himself in," and, more specifically, "was looking for another package of drugs" to carry as he surrendered to authorities. Id. at 1114. Mr. Martinez appeared amenable and personally arranged for Mr. Romero to smuggle additional drugs into the county jail.

But the trial record showed that Mr. Martinez had other plans. Specifically, it showed that Mr. Martinez, along with a group of affiliates, including Rudy, "picked up [Mr. Romero] in front of a project house" and brought him to SNM member Jerome Cordova's ("Jerome") home in Chimayo, New Mexico. Id. at 1116-17. Everyone—including Mr. Romero, who struggled with addiction—proceeded to consume drugs. Mr. Martinez, however, confronted Rudy, presenting him with "a foot-and-a-half length of cord"—specifically, cut jumper cable cord—and told him "this is on you." Id. at 1120. Rudy understood Mr. Martinez—"who was calling the shots that evening"—to be ordering him "to kill David Romero." Id. at 1118, 1120.

Any doubt regarding Mr. Martinez's designs was erased by his subsequent conduct. Using duct tape, Mr. Martinez secured the cut jumper cables to Rudy's hands and followed him to the bedroom where Mr. Romero was "getting high." Id. at 1121-22. When Rudy entered the bedroom, he saw that Mr. Romero "had a syringe in one hand and a spoon in the other," and "had just finished" shooting up. Id. Upon seeing Rudy, Mr. Romero appeared "shock[ed]," his eyes bulging from cocaine use. Id. at 1122. Rudy testified that he hesitated to kill Mr. Romero. But Mr. Martinez "gave [him] a nudge" and ordered "[a]hora,"¹—prompting him to "thr[o]w the cord over [Mr. Romero's] neck," wrapping it around twice. Id. at 1123. Mr. Martinez jumped to the head of the bed, placed Mr. Romero's head in a leglock, and "twisted it from side to side, trying to break his neck." Id. at 1125-26. Eventually, Mr. Romero stopped moving. After checking for a pulse and finding none, Mr. Martinez confirmed that Mr. Romero was dead.

Mr. Martinez then assisted the group in removing Mr. Romero's clothes and the bed sheets—as they were murder evidence, after all—and placed them "in a ... big black trash bag." Id. at 1128. Members of the group, including Rudy and Jerome, then wrapped Mr. Romero's body in a comforter and loaded it in the back of a pickup truck. Mr. Martinez tasked Rudy with disposing of Mr. Romero's body. Yet, before Rudy could do so, Mr. Martinez gave him a more pressing assignment: "Before I jumped into the truck, [Mr. Martinez] grabbed me, pulled me towards him, and poked me in my throat ... and handed me a knife and said, 'Stab him. Make sure he's dead.'" Id. at 1129-30. Rudy did as instructed, and, with Jerome's help, "rolled [Mr. Romero] off [a] bridge." Id. at 1133. From there, the pair drove to a back road where they set fire to Mr. Romero's clothes and the bedding used to transport his body. Mr. Martinez greeted them when they returned, shaking their hands, and affectionately telling Rudy, "I'll talk to you later." Id. at 1136.

On Friday, December 5, 2008, Mr. Romero's body was found in a river near Chimayo, New Mexico. When police discovered Mr. Romero's body, "they flipped [it] over, [and] ... saw a stab wound ... to the neck." Id. at 1028 (Test. of Algin Mendez) (Trial Tr., Vol. 4, dated Mar. 4, 2021). The official cause of death was a stab wound to the neck, although strangulation could not be ruled out.

c. The Failed Alibi

New Mexico State Police interviewed Mr....