Feds reconsidering death penalty for reputed OC Mexican Mafia boss

SANTA ANA, Calif. (KESQ) - Federal prosecutors are reconsidering whether to pursue the death penalty for reputed Orange County Mexican Mafia boss Johnny Martinez, it was revealed today in a federal courtroom as defense attorneys sought a dismissal of charges against Martinez and multiple others in a wide-ranging racketeering case targeting the gang.

Four other defendants indicted nearly three years ago along with Martinez are scheduled to go on trial in June, but they have filed a motion to dismiss charges against them based on a dispute with prosecutors in turning over evidence regarding a woman they say was apparently involved in the killing of 35-year-old Robert Rios in Placentia on Jan. 19, 2017.   

U.S. District Judge Fred Slaughter said he would issue a written ruling on the motion soon.

Defense Attorney Mark Chambers argued that prosecutors have refused to help identify or turn over evidence about the woman -- apparently named Ashley Palacios -- who helped the defendants find Rios' home, where he was killed.

The defense attorneys say shot-caller Omar Mejia, who is cooperating with prosecutors and testified against three other members of the gang two years ago, referred to the woman as Ashley.

The government knows where she is'' and could use DMV records to "track her down, Chambers argued. ``But the government refused to do that.''   

Martinez, who has won the right to legally represent himself, told Slaughter, "I echo what Mr. Chambers said. "Assistant U.S. Attorney Greg Staples told Slaughter, "We withheld nothing. They have the name and an address. We do not know where this Ashley is."

Staples said dismissing an indictment before trial "is patently absurd on its face."  

The prosecutor said the allegation his team withheld evidence was "unfounded and frankly offensive.''

Staples suggested that defense attorneys should try to subpoena the information from state probation officials in Orange County.   

"It's not our job to do that,'' Staples said. "Everything in our possession has been disclosed and beyond that. The government has done nothing wrong.''  

Staples said his office would ``gladly'' back a court order seeking the contact information.

Charles Coghill, another man allegedly involved in the killing and who is also cooperating with authorities, called Mejia on a smuggled-in cell phone in state prison when they couldn't find Rios' home, Chambers said. They had been "driving up the street for 15 minutes and couldn't find the house," Chambers said.  

A call was made and they picked up Ashley, who got in the car and pointed out Rios' home, Chambers said.   

"No effort has been done to identify this person,'' Chambers said. "She's clearly an uncharged co conspirator."  

Defense attorneys want to use her testimony to ``impeach'' Mejia, who is a chief witness for the prosecution, Chambers said.   

"They're intentionally leaving her off the witness list and that's grounds for dismissal,'' Chambers argued.  

Martinez speculated she might be Mejia's sister.   

"We're not compelled to do their leg work for them,'' Staples argued. "I don't know what prevents them from subpoenaing probation. If anyone is likely to know it's her probation officer."  

Staples argued that if his office was trying to hide her ``why would we disclose her in the first place? ... It makes absolutely no sense.''   

Chambers said the woman is ``not on probation and she hasn't been on probation for years and the government knows that.''   

Staples jumped in, saying, ``I'm tired of that. I didn't know that.''   

The racketeering case against the Orange County chapter of the Mexican Mafia alleges murder, attempted murder, drug dealing and weapons charges.

Martinez is expected to be tried last on his own.