Day 34: "Gang Expert"

Mark Harrison- Gang expert
His training and education qualified him as an expert in African American street gangs. The "Crips" act the same anywhere, there is a common trend such as clothing, conduct, and vernacular. "Crips" and "Bloods" started in the 60's and 70's. He read police reports, transcripts, and materials on the 7-trees crips. He got trial transcripts of SJ PD expert on 7-tree crips. He also reviewed McNeary's C-File, his prison file from the department of corrections. Lane OBJECTED because he never received this documentation, the defense said they would provide it and the judge being so great as she always is said Lane could read it on break (if the defense didn't get something they would have jumped to the roof and the judge would have sanctioned Lane). He also was shown photos and writings that were taken from Janielle Carter's apt. The photos indicate a validation of McNeary being a gang member, he had similar color clothes, and flashed gang signs. One photo had flashed a "C" with his hands, another photo had a "7" flashed by his hands along with a thumbs up. The notebook was significant because all the b's were crossed out. It also has no K after a C which means Crip killer. That is why it listed McNeary as "sic-loc". His opinion is that McNeary is was a member of the 7-trees crip member (well thank god that came out two weeks ago). Tattoo's show that someone is a gang member. All the information points out that the 7-trees crips are an ongoing organization. They started in the early 90's and are current, the reports last list it as 2005. The primary activities of the 7-trees are selling drugs, shooting, robbery, violent burglary, homicides, and witness intimidation. It is dangerous for members of gangs to talk to police. The SJ PD listed 7-trees as the most violent street gang in San Jose. A high profiled case like this would raise the bar to keep people from coming forward to talk about the case. The Mount Pleasant Hoods were a "blood" gang. There was no information since 2000 about the gang. Hoods were enemies to the 7-trees. A hood member couldn't party with a 7-trees member. There are different levels of gang involvement:
Associate: someone that hangs out with members but doesn't participate.
Affiliate: they would do a crime if something has to be done
Hardcore: they wear colors, cross out b's, devoted to do crimes to help their gang.
Gangs today are becoming smaller, and more block gangs. This gives them tighter span of control, "Loose lips sink ships". People claim neighborhoods. Affiliation is determined by people committing crimes for the benefit of the gang, what they do to help the gang on a daily basis. JUROR: If you live on the east side are you automatically an east sider? Not technically. JUROR: What happens if you move to a rival area? They would have problems unless they use disguises or get out of their gang. JUROR: Is McNeary a hard core active member? He is hard car due the acts he committed and participated in felony assaults. LANE: Sic Loc? Sic can mean lots of things. 7-trees refers to an area in south San Jose. Was it an African American gang then? I don't know. Where there bloods back then? Throughout the county there were. Were the bloods in one area? Don't know. Weren't the closest bloods in East Palo Alto? There are bloods there. What crips gang is in EPA? Don't know. Are there other bloods in Santa Clara County? Don't' know. 7-trees is ongoing? I said that, yes. Isn't it largely defunk? I don't know. Why did you say it is current? I refereed to it is current up to the police reports given to me which was 2005. The information given to you was provided by the defense? That is true. The police reports stopped in about 2003 or 2004. A SJ PD det. had testified in another case that they were ongoing and he agreed with that assessment. It isn't a crime to be in a gang. There is no records of 7-trees committing crimes in about 5 years? I have no personal knowledge. He never made an effort to find out. He said experts rely on hearsay testimony and information from police officers on the streets. Gangs are all the same pretty much. One picture shows two guys giving a thumbs up and crouching. The thumbs up "could" be a gang sign, and he called squatting down a "state prison crouch". He didn't know those two people in the picture but identification is the most critical assessment. Giving the thumbs up and doing the "prison crouch" doesn't mean someone is in a gang. Another person has a glove on their right hand and is flashing a sign. The glove is used by gangs to not leave prints on guns. Didn't the car parked at the murder scene have a pair of gloves on the passenger seat? I don't know. Are the bloods more violent then the crips? I don't know. What are the gang names in Santa Clara County? I don't know, but there are black, white, Latino, and Southeast Asian gangs. SJ PD refereed to 7-trees as most violent African American gang in San Jose. Do different agency use different criteria for validating gang members? Most do the same. Do you know what SJ PD does? No i don't know. Members don't have to commit a crime to be a validated gang member? That is true. Validation can come by a self admission: they admit it as they are going to jail/prison or they admit it in an investigation, trail or in the field to an officer. If someone hangs out with a gang member they can get a validation point. If someone parties with a gang member they can't get a validation point. Gangs are close and tight lipped. They like to keep their secrets to themselves. He thinks 7-trees had about 20 people in it. To validate someone as a gang member you have to look at the totality and commitment to the gang. If someone hangs out with the gang member, spends time at their home, socializes, drinks, smokes pot, plays football, and was comfortable with them, that could validate them as a gang member? Yes it can. If someone hangs out with the gang a lot it shows loyalty to that gang and it brings them trust with the gang. Other criteria ranks of gangs:
1. Hardcore- Original gangster, they are higher up
2. Banger- they do gang work but are not an original gangster
3. members- they do some banging, but kind of jump in and out.
a. associates- have potential, they hang with the gang
b. wannabes- hang out but don't do criminal activity. They could do something violent to fit in
A gang would trust someone who hangs out a lot, parties, does drugs, and that person could be a validated gang member. He never talked to a 7-tree member or any crip in Santa Clara County. He says he never said the primary crime is witness intimidation. It is part of the gang culture though. He tried to talk around it 4 times but finally said there was no case involving the 7-trees gang with witness intimidation, but he did say it happened in this case. DEFENSE: Gang validation is helped by cops in the field. Even if they have hit 2 criteria, it doesn't mean they are in a gang, but there would need to be more investigation. The validation has to look at the commitment to the gang. Many are associated as gang members because their family member is a gang member. He said " just because it walk, talks, and looks like a duck, doesn't mean its a duck". LANE: Isn't this a relative time frame because there is intimidation now? No. JUROR: What does cracking knuckles have to do with gang members? I have no clue. JUROR: Do they wear the clothes all the time? Not all the time, it depends on their level of commitment. JUROR: Do all gang members have nic-names? No. JUROR: Did you listen to tapes of McNeary? No. JUROR: Have you ever spoken to McNeary? No

This guy was a police officer at one point, and "left" after 10 years on the force in San Pablo. Left =fired.

We are back Monday morning. Hopefully to close this case.