Request for Mistrial in Mexican Mafia Case Rejected

A defense attorney in the Mexican Mafia case asked Tuesday for a mistrial after another defense attorney said her client should not have been charged because the other defendants talked about killing him and his mother.

The judge rejected the mistrial motion, but the argument offered by defense attorney Sonia Chahin on behalf of defendant Ruben “Tupi” Hernandez illustrates how complex the 29-charge case is against the 13 defendants, all suspected members and associates of the Mexican Mafia prison gang.

Chahin told the jury that the prison gang--painted by prosecutors as a single illegal enterprise engaged in murder, drug dealing, extortion and other crimes--doesn’t exist.

She reminded jurors about how members of the Eme, the gang’s nickname, ignored Hernandez when it came to “taxing” gangs selling drugs in his home turf in San Bernardino County. She also cited testimony that some members talked of killing his mother, JoBerta Wizar, for allegedly meddling in Eme affairs. They also discussed the possibility of killing Hernandez, Chahin said.

While the government prepared the case against the Eme, Hernandez was incarcerated at Pelican Bay State Prison. When it came to affairs on the outside, Chahin quoted prosecution witness Ernest “Chuco” Castro as saying members in prison “don’t run [anything on the outside].”

There is animosity between Hernandez and others on trial because of long-standing disagreements. Chahin said an alleged agreement among the defendants to conspire to commit crimes conjures up images of “people in a corner, whispering, plotting, scheming,” but there was no evidence of that regarding her client.

Left unsaid in Chahin’s argument was the fact that Hernandez was attacked by several co-defendants in a federal holding cell in November. To prevent further problems, authorities house Hernandez at a different facility.

Hearing Chahin’s argument, defense attorney Yolanda Barrera moved for a mistrial, contending that Chahin’s comments were inflammatory. Barrera’s office mate and fellow defense attorney Elsa Leyva joined in the motion for a mistrial.

Unknown to most observers is that Chahin shares a Wilshire Boulevard office with Barrera and Leyva. Afterward, the three were seen chuckling over the courtroom sparring.