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Court?s Erroneous Admission of Gang Evidence Resulted in Reversal of Murder Convictions

By Walin & Klarich

In a recent decision by the California Court of Appeals, it was held that the trial court erred in admitting irrelevant and highly prejudicial gang evidence of the defendants' membership in a motorcycle club, where there was no evidence that the club was a street gang or a criminal enterprise, and where the prosecution offered this evidence in its case-in-chief primarily to show defendants? criminal disposition to commit murder. (People v. Memory (March 5, 2010) Case No. Co54422.) In California, evidence that defendants are members of a certain street gang is relevant to prove identity of those individuals suspected of violating the law. Moreover, gang evidence is relevant and admissible when the very reason for the underlying crime is related to gang activities...continue to full post

Full post as published by Southern California Criminal Defense Blog on June 09, 2010 (boomark / email).