United States v. Rosario-Diaz

202 F.3d 54 (1st Cir. 2000)

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Nature of the Case

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Facts

Defendants Diaz and Ortiz placed a telephone call to Lazu, who would later be the government's star cooperating witness. Lazu's brother-in-law, Fonsi, a runner in Diaz's drug ring, had been killed the preceding day. Among Fonsi's belongings, they found a list of persons who they believed to have Fonsi's drug money. The list included the name of Edna Rivera-Hernandez. Diaz put a contract out to find Edna and retrieve the $200,000 she was thought to have. Lazu would receive $25,000. If Edna refused to return the money, Lazu was to kill her and make it look like a robbery. Diaz provided Lazu with several pieces of information, including Edna's address, the color, and make of her car, as well as some of the numbers of the car's license plate. He also told Lazu that Edna studied at the American City College (ACC), where Diaz and Ortiz worked. Diaz pointed Edna out to Lazu at the ACC. Diaz, Ortiz, and Lazu discussed the planned participation of Jurado. Lazu was to meet Jurado the following Friday, June 16, 1995. Ortiz instructed Lazu not to rape Edna but stated that he should kill her if necessary. Lazu and Garcia met Jurado in a local plaza. The three agreed that they would carry out their contract. Jurado agreed to bring a firearm. They eventually spotted Edna with her 4-month-old baby. When Edna had placed her car key in the car door, Lazu put the knife to her ribs. Jurado and Morales appeared, and Edna was forced into the back seat. They drove away to an isolated area. Lazu, Jurado, and Morales then each raped Edna and even placed young the baby on top of her naked body in a grotesque simulation of their acts. They beat Edna with their fists and with a bamboo stick and dragged her to a nearby river. Jurado entered the river and slit Edna's throat. Her body was found decapitated on July 7, 1995. The prosecution's star witness was Lazu, who testified extensively about the details of the crime and the participation of each defendant. P immediately put FBI agent Daryl Huff on the witness stand. Huff testified at length about his interactions with Lazu during the investigation of the carjacking and murder of Edna and even as to how law enforcement evaluated the veracity and reliability of Lazu's statements. Ds objected to Huff’s testimony. Lazu’s credibility had not been attacked. The court instructed the jury to determine credibility based only on Lazu’s testimony, and not on Huff’s. Ds were convicted and appealed.