Defendant files motion to exclude photo lineup evidence in MS-13 trial
Aug. 18—A prosecutor has opposed a defendant's motion to exclude photo lineup evidence for a jury trial in which five alleged members of MS-13 are accused of murder and other-gang related charges.
Santa Barbara County Chief Deputy District Attorney Kelly Duncan opposed the Aug. 6 motion filed by Stephen Dunkle, an attorney for Marcos Manuel Sanchez Torres, according to court documents filed on Aug. 13.
In addition, Dunkle filed a redacted version of the motion because it contains references to evidence from a sealed grand jury transcript that he said may violate his client's right to a fair trial if released.
"The pretrial publicity focuses on the increase in murders leading up to the arrests in this case, attributes the increase to MS-13 and regularly includes pejorative language to describe MS-13," according to Dunkle.
Duncan opposed the motion to exclude, arguing that the photo lineup did not violate Torres' due process rights.
"The court need not consider the reliability of the statements because the lineup procedures were not unduly suggestive," Duncan wrote in her Aug. 13 opposition.
A hearing for the motion is scheduled for 8:30 a.m. on Aug. 27 in Dept. 8 of Superior Court in Santa Maria.
Torres and four other defendants — Tranquilino Robles Morales, Juan Carlos Lozano Membreno, Juan Carlos Urbina Serrano and Luis German Mejia Orellana — are the first group of five defendants in the case. Their trial started July 12.
The second trial group includes Jose Balmore Saravia Lainez, Jose Ricardo Saravia Lainez, Jose Juan Sanchez Torres, Jose Narciso Escobar Hernandez and Olvin Serrano. A trial start date for the second group is tentatively planned for October, according to court records.
The group of 10 defendants were split into two groups of five defendants each in December 2019 after Judge John McGregor ruled they would not receive a fair trial if they were tried all at once in the same court room.
The 10 defendants are charged in connection with 10 gang-related deaths in the Santa Maria Valley from 2013 to 2016, according to Santa Barbara County Superior Court officials. All defendants have pleaded not guilty.
Jury selection for group one began Aug. 2 at the Santa Maria Fairpark and juror oral questioning will begin on Sept. 13 in Dept. 8 of Superior Court.
Opening statements could occur as soon as late October once a jury of 12 people and 12 alternates are selected, according to Senior Deputy District Attorney Ann Bramsen.
