Page 15 - Texas Police Journal May June 2016

Joe C. Tooley, Legal Digest Editor
Joe C. Tooley, Attorneys & Counselors, Rockwall, Texas

www.TooleyLaw.com 972-722-1058

TEXAS POLICE ASSOCIATION

LEGAL DIGEST

May/June 2016

AUTHOR’S NOTE: It is the goal of this submission to extract those portions of relevant appellate
opinions or the syllabus of the legal reporter which bear directly upon law enforcement methods and
provide guidance for officers on an operational level. Much of the information pertaining to these cases is
lifted verbatim from the court opinion or syllabus with independent analysis inserted as appropriate. Due
to clarity for training purposes, the distinction between quotes from the opinions and inserted analysis is
not always identified and legal citations within the opinion are often omitted. Emphasis is placed upon
reported decisions from the Fifth Circuit Court of Appeals and the Texas Court of Criminal Appeals.

DRUG CONSPIRACY – ELEMENTS 21.89 kilograms were discussed. The relevant portion of
the conspiracy was largely led by the Valdezes (a brother
Three defendants appeal their convictions for and sister who pled guilty). The following facts are
conspiracy to manufacture and distribute controlled relevant to these three defendants.
substances and related charges. These defendants were
part of a group of thirty-seven people who were indicted 1. Navarro
for a drug conspiracy after a multi-year FBI investigation Victor Manuel Castaneda testified that he frequently
that recorded over 77,000 telephone calls. Other than delivered distribution quantities of cocaine from Ms.
the three defendants here (and codefendants who do Valdez to Navarro. Navarro was also recorded
not appeal), all indicted coconspirators pled guilty, and discussing drug sales with Ms. Valdez, including a
many testified against these defendants. … [W]e affirm discussion of buying cocaine on credit for resale.
the convictions… Navarro also directed the activities of lower-level drug
distributers. Both Castaneda and Agent Haynes-Spanier
The FBI investigation began when a single confidential testified that they recognized Navarro’s voice on these
informant purchased drugs from the defendant Benitez; phone calls.
over a period of months, the investigation grew to
include multiple confidential informants, wiretaps, pen Officers executed a legal search of a house titled in the
registers, and police surveillance. Many of the recorded name of Navarro’s mother. Despite its location in a low-
conversations took place in Spanish; FBI linguist Maria crime area, the house was heavily secured. The house
Haynes-Spanier listened to every call and reviewed contained a gun, ammunition, $6,000 in cash, and a
every transcript. In combination with testimony from forged identification card with Navarro’s picture and the
cooperating witnesses, this evidence showed a pattern name Balter Noriega. At least initially, the house also
of drug activity loosely organized into a decentralized contained Navarro himself—until he ran out the back
conspiracy. After listening to all the calls admitted into door. He was quickly apprehended and initially
evidence, Special Agent Michael Hillmant calculated identified himself as “Balter Noriega,” but this ruse was
that 9.7 kilograms of cocaine changed hands and that soon discovered.

May/June 2016 www.texaspoliceassociation.com • 866-997-8282 13