She added that she didnt understand what David was talking about in relation to Ciccone. Martinez didnt have much intel on the organization but the Mongols in his cell block suspected Martinez knew names and that was enough. He believed Shaun Diamonds death was never his fault. Three years passed and it seemed everything was the same. In 2011 he was suspended by the State Bar for 90 days after misusing a client trust account for over $85,000 in personal and business expenses. He reminded his client that all hope was not lost. But in court on Monday, Annie testified that her husband has never been a confidential informant, rather she was just trying to destroy him by sending the text message to the Mongols. On Thursday, after hearing testimony from more than a dozen witnesses, including from Mr. Santillan himself, over the past several months, Judge David O. Carter of the Federal District Court in Santa Ana, Calif., found that there was no convincing evidence of such a claim and refused to set aside racketeering and conspiracy convictions as well as a penalty of $500,000. After one year hes done and he cant protect me, so we have to have an exit strategy., Annie told ABC7 that her husband was spinning out of control and continued to cheat on her after the phone call. He cant protect me, he told me, so we have to have an exit strategy, he told me, Mr. Santillan, who sounded drunk and sounded distraught, said to her. How loud was the sound of the ripram hitting the gate? A dozen officers in grey suits sat by Shaun Diamonds daughter, Margo. Sullivans cross examination of Moss was a victory, but Sullivan wasnt slowing down. In the past, Sandra and Martinez resided in their own house with their children. He started to believe them because he desperately wanted it to be true. The defendant once shrouded in innocence now looked the part of a criminal drug user who might shoot a cop for bragging rights. The arguments that followed kicked off with a long procession of police in full uniform. Incensed by Sullivans refusal to accept their narrative, David and the Martinez family turned their back on the public defender. Martinez lived in a two bedroom, Spanish style, stucco home with his parents, his sister, Brenda, who has Down syndrome, his wife, Sandra, and their two young children, Alyssa and David Jr. Continuances and motions pushed the trial further into the distance. In other words, Ms. Santillan wrote in the text, he is a rat. In the video, played several times during the hearings, Ms. Santillan is talking to her husband on speakerphone when he informs her that Mr. Ciccone will be retiring. Tall and thin, with steely grey hair, Sullivan was a passionate, senior trial attorney with a reputation for winning difficult cases. 2,525 posts. Before moving to Annie's current city of Temple City, CA, Annie lived in San Gabriel CA and Arcadia CA. John told me that I have one year, one year, David said during the call. Then he saw the barrel of a gun. His 1% badge meant he considered himself an outlaw. agent on the case, John Ciccone, sharing inside information about the club in exchange for lighter penalties for various offenses. But he still had a pulse albeit a weak one. They would judge David Martinez as a person. He wanted to be absolved of Shaun Diamonds death entirely. Of course Jaime never poked his gun into the house. Best Match Powered by Whitepages Premium AGE -- David Olivar Santillan Union City, CA Aliases Davi Olivar View Full Report Addresses Ventura Way, Union City, CA Now the Mongols want a new trial and say their former president, David Santillan, was a confidential informant for the ATF. Except for David Martinez. On todays podcast we present, in its entirety, Mongol, our exclusive new Crime Story series written and read by Molly Miller that tells the story of the tragic killing of a police officer and the complex search for truth and justice in the aftermath of his death. He climbed into bed with Sandra and was just about to fall asleep when he heard a banging noise that rattled the whole house. The Mongols are equally mystified. Well let you guys have your fun, but keep your people in check, so to speak, he testified in June. The stakes of the operation had now dramatically increased. For three weeks, officers took the stand. Then he took his questions one step further. Annie Yumiko Santillan is on Facebook. The only illicit material found was a small baggie of meth and one stolen firearm. After two days, the preliminary hearing came to a conclusion. Noyolas plan commenced the following day around noon. Martinezs worried glance at Sullivan betrayed his fear. Usually this wasnt a problem, but it was for Martinez, who claimed he was no longer associated with the Mongols. Hands restrained in cold metal cuffs, he fought the overwhelming panic bred by helplessness in the face of crisis. Each Mr. Santillan, a Mongols member for nearly 25 years who was voted out of the membership in July, and the agent, John Ciccone, who retired in December after 32 years on the A.T.F., deny that Mr. Santillan was performing as an informant through the trial, although Mr. Ciccone's sworn declaration doesn't handle whether or not Mr. Santillan had acted as a confidential informant prior to now. David Santillan, Assistant News Editor David is a senior at San Diego State where he is majoring in French. The two shouted back and forth, relaying the events of the evening, and finding a brief solace in their companionship. Beanbag shot would not cleanly go through Shaun Diamonds neck. Prior to the gunshot from inside the house, did you ever poke your gun into the house? It was a softball. With no explicit confession from Martinez, Lugo called Officer Leo Noyola, the leading expert in Perkins operations. Three years after the 2018 case, the Mongols lawyers came forward last year with claims that the groups former president, David Santillan, had been surreptitiously cooperating with a special agent from the Bureau of Alcohol, Tobacco, Firearms and Explosives for years and had sabotaged the defense. Mongol Nation president David "Lil' Dave" Santillan, right, greets Goldie DeWitt, president of 1Down Motorcycle Club at a rally on March 24, 2019. Diamonds airway had no recognizable anatomy, only bloodied carnage. Under the glow of street lamps, the officers feet pounded the pavement, executing practice runs for maximum efficiency. One of those residences was the home of David Martinez. Armed with exculpatory information he found in the Perkins and Montebello tapes, he believed Martinez had a strong case. In the wake of the emotional testimony, Sullivan cross-examined Moss with dogged persistence, causing him to concede that the police announcements were made by multiple voices that sometimes overlapped. In the shadowy halls, he was attacked with a shank and sustained a gash to his arm. Maybe he wasnt responsible for a mans death at all. The judge found sufficient cause to move forward with the trial. The Mongols are relying on an explosive video shared by Santillan's wife, Annie Santillan, who, during a stretch when she was angry with her husband over his infidelity, had her daughter record a conversation in which he appeared to refer to protection he had received from the ATF agent. Santillan's wife, Annie Santillan, told ABC7 that she recorded their conversation because the couple had become estranged due to his infidelity. "Lots of brothers have tattoos of the marks on their necks and heads and everywhere," David Santillan, the national president of the club, said. Statements like I didnt know it was the police, and they had no reason to come to my house, and I was just protecting my family bro, like anyone else would. The fragments of dialogue underscored Sullivans assertion that Martinez didnt know law enforcement was at his door the sentences pointed to his innocence. Sullivan knew the danger of that story; he needed to unravel it to convince the jury of Martinezs innocence. Martinez got quiet. But after a motorcycle accident kept Martinez from working for several months, financial strain brought the family back under the same roof. Disappointed by the courts rulings, Sullivan remained resolute, diving head-first into developing his defense. Then he began speaking about the A.T.F. Sullivan tried to reason with his client: he still had a strong self defense case even if Martinez shot an officer. Sullivan had now identified the gun that was pointed at the door. The lawyer appeared to be a Godsend. Garden reiterated the narrative that Martinez was a gang member who saw the officers and took his shot with malice in his heart. Topics Selection,Research, Editing, Correction Policy andEthics, WERE THE BANDIDOS MC WERE DIRECTLY INVOLVED IN THIS HEINOUSACT, Two Solano County members of the Hell Angels Motorcycle Club have been arraigned in a federal courtroom inSacramento, Ep 936 Hells Angels A violent price to pay **FULLAUDIO**, Ep 936 Pagans Motorcycle Club Causing Panic in Missouri **FULL AUDIOEPISODE**, Pagans Motorcycle Club Causing Panic in Missouri**Video**, IS THE HARLEY SPORTSTER CONSIDERED A GIRLS MOTORCYCLE**VIDEO**, testified that her husband has never been a confidential informant, HERE'S THE TRUTH ABOUT UNCLE SHAGGY & THE INVADERS MC, Pagans Motorcycle Club Causing Panic in Missouri, https://insanethrottleinternational.files.wordpress.com/2021/01/discord-commercial-harley.mp3, https://insanethrottleinternational.files.wordpress.com/2020/09/motorcyclemadhousemayhempromo.mp3. Bearded and brawny, Kozlowski was a former ATF agent who infiltrated the Mongols from 2005- 2008, during which time he went by the moniker of Dirty Dan. He described the Mongols illegal activities in great detail as well as their hatred of law enforcement. He was broken and in shock without an ounce of bravado. In the wake of the preliminary hearing, David Martinez slowly awakened to the state of his feeble defense with Edward Esqueda. With all this responsibility weighing on Sullivans shoulders, he arrived at counsels table for pre-trial motions. How could a jury believe the word of a Mongol over the testimony of officers? Martinezs retrial faced further delays when the pandemic threw court schedules into disarray. The air buzzed with the hushed tones of dozens of different conversations each regarding a different case. He called off the operation and Martinez was taken to his cell. The act did little to ease Sandras mind. As funeral proceedings carried on in Ontario, Sullivan was hard at work on Davids case, sorting through discovery sent from the DAs office. A mile-long police motorcade drove through Pomona, watched by the citizens of the town who held signs showing their support for the Diamond family. David Santillan, the longtime president of the Mongols until he was ousted by members last year, says he was among those who decided to bring the Mongols to Chicago. I assumed it was going to be her, so we videotaped, Annie told the station. Sullivan also needed to prove that Martinez had been trying to leave the Mongols, that he was a just guy who liked motorcycles who got in over his head. In the video, Santillan mentioned that the lead agent in the RICO case, John Ciccone, had protected him over the years. Moss and his partner loaded Diamond into the ambulance and drove off towards Huntington Memorial Hospital, sirens blaring as they left the active crime scene behind them. While Sullivan began assembling his case, Martinez communicated with his parents, Arturo and Guadelupe. All the evidence had been presented. This was not the score they were looking for. Mongol's international President Dave "Lil Dave" Santillan said his club did not come to New Jersey to stir up trouble. I dont find theres sufficient cooperation to merit overturning the conviction, Judge Carter said in a ruling from the bench. The silence implying his dissent: there was a way to tell. First, all SWAT members serving the search warrant the evening of the incident were carrying rifles loaded with beanbag shot. We all know there are two sides to every story. He fired his weapon and the bullet struck a fine young officer who was just doing his job. Early in the morning David was taken to the Montebello police station where he was placed in a stark holding tank with several other Mongols. Prosecutors sought to depict David Martinez as the embodiment of the battle between the Mongols Motorcycle Club and the federal government. Did you ever poke it into the house? Jaime Martinez shook his head, but the damage was done. Judge Rejects Claim That Mongols Biker Club Leader Was a Rat, https://www.nytimes.com/2022/10/07/us/mongols-informant.html. "How do you regulate that?" It was fear of repercussions that kept him in the Mongols grasp. Free and open company data on California (US) company MONGOLS NATION MOTORCYCLE CLUB LLC (company number 201211710181), 216 SOUTH CITRUS ST STE 152 WEST COVINA CA 91791. . Join Facebook to connect with Annie Yumiko Santillan and others you may know. There were pictures of Martinez in Mongols clothes and photos of David arm in arm with Mongols President, Little Dave. Martinezs story was consistent: He was worried about his father, concerned about his kids, and he thought the intruders were rival gang members, not police. After the weeks, months and years in jail he was desperate to be free to take care of his family. Garden returned a smile and led Noyola down an alternate road insinuating that Martinez was putting on a show. Legal message boards were filled with complaints from former clients about Esquedas disrespectful attitude and incompetence, but Martinez himself was too distracted to investigate his lawyers past. For a rock solid case he needed a confession. You can now listen to full episodes of the podcast right from the app. The jury couldnt help glancing in their direction. But in this story, there are two sides to a single door. The case status is Pending - Other Pending. The room was already tense. He called out for his dad to wait, but Arturo had already turned the knob. On the day of the hearing, Esqueda took charge in the courtroom with practiced bravado. Noyla nodded. She admitted Martinez owned the items and that he had been involved with the brotherhood for over three years. 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