State v. Villa-Vasquez

310 P.3d 426, 49 Kan. App. 2d 421
CourtCourt of Appeals of Kansas
DecidedSeptember 13, 2013
DocketNo. 107,965
StatusPublished
Cited by3 cases

This text of 310 P.3d 426 (State v. Villa-Vasquez) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Villa-Vasquez, 310 P.3d 426, 49 Kan. App. 2d 421 (kanctapp 2013).

Opinion

McAnany, J.;

Isidro Villa-Vasquez was convicted of animal cruelty and various drug crimes. On the appeal of his drug convictions, he contends that the district court erred in admitting testimony regarding “narco saint” religious icons and their association with drug traffickers. He also contends we should reverse all his convictions because the court erred in permitting the State to exercise peremptory challenges with respect to two Hispanic prospective jurors contrary to his equal protection rights as determined in Batson v. Kentucky, 476 U.S. 79, 106 S. Ct. 1712, 90 L. Ed. 2d 69 (1986).

[423]*423 Facts

Based on the information provided by a confidential informant, law enforcement officers secured a search warrant for Villa-Vasquez’ residence. During the search, the officers found drugs and drug paraphernalia in Villa-Vasquez’ bedroom.

The officers also found in Villa-Vasquez’ basement various religious icons arranged with candles into a shrine honoring Jesus Mal-verde, who is not recognized by the Catholic Church or any other religious organization but who is considered by drug traffickers to be their patron saint. The shrine also contained a statue of Santa Muerte, a cult figure revered by drug criminals and by tire Mexican poor but denounced by the Catholic Church; a book containing rituals for worshipping Santa Muerte; candles depicting San Ramon (a 13th century Catholic saint whose bps were pierced with a hot poker and padlocked together) with pennies taped over his mouth; and a broken statue of Saint Michael the Archangel, the patron saint of law enforcement.

The State filed a pretrial motion to certify United States Marshal Robert Almonte as an expert witness on the subject of shrines and icons used by drug dealers. The State contended that Almonte was an expert whose testimony was relevant to show Villa-Vasquez’ intent to distribute drugs and that Almonte’s testimony would aid the jury in understanding the purpose of the shrine the officers found.

At die conclusion of the first day of trial, the district court held a hearing on the State’s motion and its proffer of Almonte’s testimony. Almonte testified that he was a United States marshal for the western district of Texas who had worked in law enforcement since 1978, including approximately 13 years overseeing a narcotics task force in El Paso, Texas. According to Almonte, it was common to encounter shrines and altars during the execution of search warrants in drug cases.

Almonte researched how individuals involved in crime prayed to different icons for protection from law enforcement. Almonte studied case reports and photographs of scenes depicting narco saints found by other officers. Almonte said he had talked to traffickers [424]*424who had similar shrines about tire connection between drug trafficking and the use of these shrines.

Almonte also travelled to Mexico to visit these shrines and to study the topic. He created a law enforcement training video called “Patron Saints of the Mexican Drug Underworld,” which he has presented to law enforcement officers around the nation. Almonte has testified in federal court as an expert witness on the topic of narco saints. He testified that the association between the presence of narco saints and drug activity is quite high.

Over Villa-Vasquez’ objection, the district court found that Al-monte was qualified as an expert under K.S.A. 60-456. The court found that “Almonte has that specialized knowledge that goes beyond what a normal lay juror would understand,” and the testimony would be helpful for the juiy to understand the significance of the evidence found in Villa-Vasquez’ basement. Further, the court found that Villa-Vasquez’ challenge to Almonte’s association of these icons to drug dealers goes to the weight rather than to the admissibility of this testimony.

The court then recessed for the day. The following morning, the State presented tire testimony of two witnesses before calling Al-monte to the stand. The first was a witness who was recalled for brief additional testimony on the animal cruelty charge. The second was a police officer involved in conducting the search of Villa-Vasquez’ house. She identified photos of Villa-Vasquez’ basement, including photos of the shrine. The photos and the items depicted in the photos were admitted into evidence without objection. The officer testified, without objection, that the photos were taken “because these appear to us to be a shrine, some of which are depicting saints that we often see in the drug trafficking business.”

Almonte then testified at trial. Villa-Vasquez did not lodge a timely and specific objection to Almonte’s credentials as an expert or to the substance of Almonte’s testimony, other than to lodge a hearsay objection when, in testifying about the development of his expertise in tire area, Almonte testified that he interviewed drug suspects “at least 50 times, maybe more, maybe 100 or more.” When tire prosecutor asked what these people told him, Almonte answered, over Villa-Vasquez’ overruled hearsay objection, that he [425]*425“was told by several of tírese people that they would use these items and pray to these various items, and icons, and saints, for protection from law enforcement.”

Almonte testified that “a lot of these drug traffickers were invoking the spiritual world for protection against law enforcement.” He told the jury that die photographs of the narco saints found in Villa-Vasquez’ basement were consistent with drug trafficking and other criminal activities. According to Almonte, individuals involved in criminal activity pray to these particular icons for protection from law enforcement officials.

Almonte testified that the small statuette of Jesus Malverde represented die original narco saint. Jesus Malverde was originally a bandit who was likened to a Mexican Robin Hood. He testified that drug traffickers identified with Jesus Malverde because they wanted to rationalize their illegal activities based upon their donations of some of their drug money back to the community.

Referring to photographs of the shrine, Almonte also identified statues of Santa Muerte, a figure who is not recognized by the Catholic Church as a saint. He also identified a book containing rituals for Santa Muerte, prayers to Santa Muerte, and directions on setting up shrines.

Almonte testified about the candles found in the shrine which contained the image of San Ramon, a recognized Catholic saint. The image depicted a padlock on the saint’s mouth. According to Almonte, many criminals prayed to San Ramon because “he can keep people quiet about what they’re doing.”

Almonte also noted the broken statue of Saint Michael, the patron saint of law enforcement. Almonte said the statue is broken in an effort to protect the criminals from law enforcement.

Almonte could not conclude that persons praying at such a shrine necessarily were drug traffickers, but he opined there is an association between drug traffickers and maintaining a shrine such as the one found in Villa-Vasquez’ basement.

Following Almonte’s testimony, Villa-Vasquez’ wife testified briefly under a grant of immunity. She claimed that she had not spoken with Kansas Bureau of Investigation Special Agent Chris Turner about “things in the basement .,. .

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Bluebook (online)
310 P.3d 426, 49 Kan. App. 2d 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-villa-vasquez-kanctapp-2013.