Norteño defendant arrested in court, defense cries foul

Ali Winston
Javier Quintero, in the green shirt, was arrested for a parole violation in Judge Robert Freedman's courtroom
What appeared to be another day of lengthy testimony in the court battle over a proposed gang injunction in Fruitvale took a dramatic turn this afternoon. Around 2:15 PM, after 45 minutes of testimony by Probation Officer Dalen Randa, two parole agents silently walked up to the juror box and left with one of the defendants, Javier Quintero. Quintero’s lawyers, obviously surprised, protested as their client was led away, presumably to jail.
Quintero, a 27-year-old painter, repeatedly denied having any gang ties during his testimony last month. On parole for felony drug possession, Quintero wears a GPS anklet because of his alleged gang ties.
Why he was taken into custody is a bit unclear. At about 2 PM today, City Attorney John Russo tweeted the following:
“Gang injunction “star” defndnt found last nite in car w drugs & gang symbols. Last wk he testified under oath that he knew nothing re. gangs”
Defense attorneys, on the other hand, say Quintero was arrested for “associating with other known gang members.”
Yolanda Huang, part of the defense team, said she was present when police searched Quintero, defendant David Pelayo and two other people near Quintero’s residence on Harrington Street around 6:30 PM on Friday, March 18–the incident possibly in question. While the details of the incident and the identity of two of the men remains unknown, Huang said she was in the area to meet with Quintero and Pelayo about an upcoming court date. Speaking with reporters after the hearing, Huang said the four were released after the search was completed. “This is part of a pattern of harassment and intimidation,” Huang said, echoing comments she made in court earlier. In front of Judge Freedman, Huang objected strongly to the “public spectacle being made of my client.”
Joey Moreno, Quintero’s parole agent who testified in court last week, is recommending him for a five to nine month parole violation for this incident.
Tricia Hynes, a Meyers Nave attorney representing the city, objected in court to the defense’s charges that the arrest was orchestrated ahead of time and with the knowledge of the city’s attorneys.
“We learned that Mr. Quintero was going to be arrested in court as we walked in,” said Hynes. “This is not the first time the defense has jumped the gun and accused us of unprofessional conduct in court,” she added, hinting at a incident during a February hearing when defense attorney Jose Luis Fuentes claimed the city leaked mug shots of the defendants to a television station, sparking an uproar in the courtroom.
Huang claims Quintero was detained because of “gang-related” items with the color red found in the car, including a red bandanna and a red blanket. Parole officials told the San Francisco Chronicle that Huang’s statements were inaccurate, but did not go into details.
As he walked out in bemusement, defendant Ruben Leal remarked that today’s hearing “was like ‘People’s Court.’”
Quintero’s arrest came during Deputy City Attorney Rocio Fierro’s examination of Dalen Randa, a probation officer who supervises gang-related probationers. Randa testified about his responsibilities supervising gang parolees and his contacts with Abel Manzo. During Huang’s cross-examination of Randa, she questioned the probation department’s criteria for determining gang-affiliated colors and items, once asking Randa if Alameda County Probation kept a color wheel as a reference tool.
Proceedings will resume at 9:30 AM on April 4th. The city will call three Oakland Police officers to testify about various incidents with defendants Abel Manzo and Javier Quintero.
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