EDMUND G. BROWN JR. Attorney General Of The State Of .

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1234567EDMUND G. BROWN JR.Attorney General of the State of CaliforniaDANE GILLETTE,Chief Assistant Attorney GeneralGARY W. SCHONS,Senior Assistant Attorney GeneralJAMES D. DUTTON,Supervising Deputy Attorney GeneralKARLA DAVIS,Deputy Attorney GeneralCalifornia State Bar No. 172085CHARLES C. RAGLANDDeputy Attorney GeneralCalifornia State Bar No. 2049288910110 West A Street, Suite 1100P.O. Box 85266San Diego, California 92186-5266Telephone: (619) 645-308111Attorneys for Plaintiff12IN THE SUPERIOR COURT, STATE OF CALIFORNIA13COUNTY OF SAN DIEGO14GRAND JURY INVESTIGATION1516PEOPLE OF THE STATE OF CALIFORNIA,CASE NO. CK RALPH PONCE (DOB 8/5/65)MARCO ARAUJO (DOB 6/22/55)RICHARD BUCHANANaka RICHARD GARCIA (DOB 9/28/54)JUAN CORDERO (DOB 4/12/78)RAUL ANTONIO CRUZ, JR. (DOB 11/20/76)JOSE ESPINOZA (DOB 3/11/84)ANTHONY EDWARD FAVELA (5/23/72)JUAN ANTONIO HORNBACK (DOB 6/28/78)JUDY ANN HUERTA (12/6/70)ARMANDO SALVADOR LEON (10/28/60)DAVID PAEZ MARTINEZ (DOB 5/20/77)RAUL VEGA MEJIA (DOB 10/30/72)RUBY FLORES MENDEZ (DOB 6/6/74)JORGE CUEVAS MENDOZA (DOB 9/24/84)LUIS HECTOR MUNOZ, JR. (DOB 1/3/80)VICTORIANO ORTIZ (DOB 9/21/79)ANTONIO PADILLA (DOB 11/9/75)AMENDED INDICTMENT

1234567JAIME ALEJANDRO PEREZ (DOB 9/4/83)MAX PONCE, JR. (DOB 6/22/56)EDEN MACIAS PORTUGAL (DOB 7/26/75)GERARDO ROBLES (DOB 7/4/80)EZEQUIEL ERNESTO RODRIGUEZ (DOB 11/9/70)VICTOR RUBY (DOB 12/14/71)REFUGIO CASTELLANOS SERVIN (DOB 7/20/66)BRIAN MARK SMITH (DOB 1/15/76)MARICELA SMITH (DOB 6/12/61)MANUEL ESTRADA SOLAREZ (DOB 10/19/55)JOSE ALBERTO TAMAYO (DOB 1/5/74)ANTHONY GABRIEL VALLES (DOB 4/15/62)MARC ANTHONY VILLASENOR (DOB 12/28/78)JOSE MANUEL ZEPEDA (DOB 6/3/78)8Defendants.910The Grand Jury of the County of San Diego, State of California, hereby accuses the11Defendant(s) of committing, in the counties of San Diego and Imperial, State of California,12the following crime(s):13COUNT 1 (Pen. Code, § 182, subd. (a)(1))14CONSPIRACY TO COMMIT A CRIME15On or about and between November 2005 and July 19, 2007, MARCO ARAUJO,16RICHARD BUCHANAN aka “RITCHIE”, JUAN CORDERO aka “POLLO”, RAUL ANTONIO17CRUZ, JR., JOSE ESPINOZA aka “CHUCK”, ANTHONY EDWARD FAVELA aka18“SHADOW”, JUAN ANTONIO HORNBACK aka “DUKE”, JUDY ANN HUERTA, ARMANDO19SALVADOR LEON aka “FOOKSIE”, DAVID PAEZ MARTINEZ aka “DEEBO”, RAUL VEGA20MEJIA aka “POLLO”, RUBY FLORES MENDEZ, JORGE CUEVAS MENDOZA aka21“TWINX”, LUIS HECTOR MUNOZ JR. aka “CLEPTO”, ANTONIO PADILLA aka “CASPER”,22JAIME PEREZ aka “BEEF”, MAX PONCE JR., PATRICK RALPH PONCE aka “PATO” aka23“DONALD”, EDEN MACIAS PORTUGAL aka “FLACA”, GERARDO ROBLES, EZEQUIEL24ERNESTO RODRIGUEZ aka “NETO”, VICTOR RUBY aka “OUTLAW”, REFUGIO25CASTELLANOS SERVIN, BRIAN MARK SMITH aka “DUSTY”, MARICELA SMITH,26MANUEL SOLAREZ aka “CHILE”, JOSE TAMAYO aka “DRAK”, ANTHONY GABRIEL27VALLES aka “GUERO”, VICTORIANO ORTIZ aka “CYCO”, MARC ANTHONY282Amended Indictment

1VILLASENOR aka “JOKER”, and JOSE ZEPEDA, did unlawfully conspire together and with2another person and persons whose identity is unknown to commit ongoing crimes of3EXTORTION (Pen. Code, § 520) and TRANSPORTING/SELLING/FURNISHING4CONTROLLED SUBSTANCES (Health & Saf. Code, §§ 11352, subd. (a), and 11379,5subd. (a)), in violation of PENAL CODE SECTION 182, subdivision (a)(1).6The object of the conspiracy was to profit from the ongoing collection of monies7extorted from individuals and the sale of narcotics. The conspiracy was committed at the8direction of, in association with, and for the benefit of the criminal street gang known as the9“Mexican Mafia.”10Thereafter, in the counties of San Diego and Imperial, State of California, pursuant11to the above conspiracy and in furtherance of the objects thereof, the following overt acts12were committed:OVERT ACT NO. 11314In November 2005, Patrick Ponce told a confidential source he had obtained15authority from Richard Buchanan in San Diego to represent the Mexican Mafia in the16Imperial County.17OVERT ACT NO. 218On or about January 19, 2006, a meeting was held where Patrick Ponce discussed19his authority to conduct extortion activities on behalf of the Mexican Mafia and that the20monies collected would be sent to San Diego.21OVERT ACT NO. 322On or about January 21, 2006, a meeting was held where Patrick Ponce instructed23those in attendance if any problems arose in collecting taxes, he would send individuals24from outside the area to act as “enforcers.”25OVERT ACT NO. 426On February 4, 2006, Brian Smith and Anthony Favela traveled from San Diego to27El Centro for a meeting with Patrick Ponce, Max Ponce Jr., Gabriel Valles, Ezequiel28Rodriguez, Jose Tamayo and others at Gomez Park and Ezequiel Rodriguez’s residence3Amended Indictment

1to validate that Patrick Ponce had authority to conduct activities on behalf of the Mexican2Mafia in the Imperial County.OVERT ACT NO. 53On February 11, 2006, Patrick Ponce conducted meetings at residences in Heber45and Calexico where he reiterated his authority to act on behalf of the Mexican Mafia.OVERT ACT NO. 667On or about February 11, 2006, Patrick Ponce advised a confidential source that he8retains copies of the money orders he sends to San Diego as proof he is paying his dues9to Richard Buchanan/San Diego Mexican Mafia members.OVERT ACT NO. 710On or about February 27, 2006, Patrick Ponce conducted a meeting at City Cab1112where tax amounts were discussed.OVERT ACT NO. 813On or about March 2, 2006, Patrick Ponce offered to sell heroin to a confidential1415source for 600 an ounce.OVERT ACT NO. 91617On or about March 2, 2006, Patrick Ponce told a confidential source that he was18providing Brian Smith with pound quantities of methamphetamine to support Mexican Mafia19narcotics distribution in San Diego.OVERT ACT NO. 1020On or about March 2, 2006, Patrick Ponce sent a warning to others not to discuss2122“business” over their cellular telephones.OVERT ACT NO. 1123On March 13, 2006, Patrick Ponce and Ezequiel Rodriguez went to Calexico to2425collect taxes from several individuals.26///27///28OVERT ACT NO. 124Amended Indictment

1On March 13, 2006, Patrick Ponce, while in El Centro, attempted to find Jessie2Zepeda Nunez Jr. aka “Little Chino” who he had instructed to murder another individual.3OVERT ACT NO. 1345On March 15, 2006, Patrick Ponce made arrangements to sell methamphetaminethat evening.OVERT ACT NO. 14678On March 16, 2006, Jorge Mendoza called Patrick Ponce from the Imperial Countyjail and they discussed how Jorge Mendoza had control over taxation at the jail.OVERT ACT NO. 1591011On December 22, 2005, March 17, 2006, May 7, 2006, and June 10, 2007, MaricelaSmith deposited money into Richard Buchanan’s account at the San Diego County jail.OVERT ACT NO. 161213On or about June 1, 2006, Patrick Ponce had a meeting at City Cab with Raul Vega14Mejia and others where he demanded they start taxing bigger targets, such as major drug15traffickers and alien smugglers.OVERT ACT NO. 171617On June 4, 2006, September 10 and 30, 2006, December 3 and 25, 2006,18January 28, 2007, March 18, 2007, and June 3 and 24, 2007, Eden Macias Portugal visited19Richard Buchanan at the San Diego County jail.OVERT ACT NO.182021On June 4, 2006, December 25, 2006, January 28, 2007, March 18, 2007, and June2224, 2007, Eden Macias Portugal deposited money into Richard Buchanan’s account at the23San Diego County jail.24OVERT ACT NO. 1925On June 4 and 26, 2006, September 2, 2006, November 12 and 29 2006,26January 29, 2007, March 19 and 28, 2007, and May 21, 2007, Maricela Smith visited27Richard Buchanan at the San Diego County jail.28OVERT ACT NO. 205Amended Indictment

1On or about June 13, 2006 Refugio Servin wrote a letter to Patrick Ponce reporting2the failure of an attempt to smuggle drugs into the jail and listing various inmates in the jail.3OVERT ACT NO. 2145On July 9, 2006, Gabriel Valles visited Refugio Servin in the Imperial County Jail torelay messages from Patrick Ponce.OVERT ACT NO. 22678On July 19, 2006, Patrick Ponce made arrangements for Gerardo Robles to deliverheroin to a confidential source.OVERT ACT NO. 23910On or about July 26, 2006, Refugio Servin told Juan Roman that Patrick Ponce gave11instructions that Roman was to take the blame for the firearms found by police during a12traffic stop on July 23, 2006, where Raul Vega Mejia fled the scene.OVERT ACT NO. 241314On or about August 30, 2006, Patrick Ponce gave permission to Raul Antonio Cruz15Jr. to commit kidnapping for ransom of narcotic traffickers who were failing to pay taxes.16OVERT ACT NO. 25171819202122On September 11, 2006, Patrick Ponce visited Richard Buchanan at the San DiegoCounty jail.OVERT ACT NO. 26On September 12, 2006, per Patrick Ponce’s instructions, Marc Villasenor met witha confidential source to discuss the distribution of narcotics.OVERT ACT NO. 2723On September 12, 2006, Patrick Ponce advised a confidential source that during his24visit with Richard Buchanan on September 11, 2006, Richard Buchanan told him that25everything he had was Patrick Ponce’s because he had done a lot for him in San Diego.26Patrick Ponce further stated that Richard Buchanan said no one could override his orders27because Patrick Ponce was working for a man high in the hierarchy.28OVERT ACT NO. 286Amended Indictment

1On September 21, 2006, Patrick Ponce, Marc Villasenor, and a confidential source2met to discuss the sale of heroin and delivery of same the following day by Marc Villasenor3and Juan Hornback.OVERT ACT NO. 2945On October 28, 2006, during a telephone call between Patrick Ponce and Marc6Villasenor, Patrick Ponce instructed Marc Villasenor to go to Brawley and threaten7individuals who had not been paying taxes.OVERT ACT NO. 308On October 28, 2006, during three telephone calls, Patrick Ponce and Marc910Villasenor discussed the collection of taxes.OVERT ACT NO. 3111On October 29, 2006, during a telephone call, Patrick Ponce and Marc Villasenor1213discussed the collection of taxes.OVERT ACT NO. 3214On October 31, 2006, during a telephone call, Patrick Ponce and Marc Villasenor1516discussed the collection of taxes and doing it “for The Cause.”OVERT ACT NO. 331718On November 10, 2006, during three telephone calls, Luis Munoz and Marc19Villasenor discussed taking the “keys” to Holtville from Antonio Padilla and giving them to20Luis Munoz.OVERT ACT NO. 3421On November 13, 2006, during two telephone calls, Patrick Ponce and Marc2223Villasenor ordered Victor Ruby to assault Rudy Ferrel in the Imperial County jail.OVERT ACT NO. 3524On December 12, 2006, Jose Espinoza possessed an assault rifle and shotgun.2526///27///28OVERT ACT NO. 367Amended Indictment

On December 14, 2006, Richard Buchanan called and spoke with Patrick Ponce12from the San Diego County Central Jail.OVERT ACT NO. 373On December 27, 2006, during a telephone call, Patrick Ponce and Marco Araujo45made arrangements for delivery of heroin to City Cab.OVERT ACT NO. 386On December 28, 2006, Patrick Ponce ordered Armando Leon to assault Willie78Thomas.OVERT ACT NO. 399On January 8, 2007, during a telephone call, Patrick Ponce told Marc Villasenor to1011tell Jose Zepeda to handle extortion activities in Calipatria and Niland.OVERT ACT NO. 4012On January 24, 2007, during a telephone call, Patrick Ponce and Ruby Mendez1314discussed visiting Richard Buchanan.OVERT ACT NO. 411516On January 25, 2007, during a telephone call, Patrick Ponce and Maricela Smith17discussed an e-mail she was attempting to send to Eden Macias Portugal’s e-mail address.18OVERT ACT NO. 42On April 26, 2007, Jaime Perez extorted money and a car from an individual for1920taxes owed.OVERT ACT NO. 4321On May 28, 2007, Ruby Mendez visited Richard Buchanan at the San Diego County2223jail.OVERT ACT NO. 4424On July 19, 2007, Raul Antonio Cruz Jr. supplied a confidential source with a nine-2526millimeter handgun.27///28SPECIAL ALLEGATION8Amended Indictment

1It is further alleged pursuant to Penal Code section 186.22, subdivision (b)(1), that2the above offense was committed for the benefit of, at the direction of, and in association3with, a criminal street gang with the specific intent to promote, further and assist in criminal4conduct by gang members.5678NOTICE: Conviction of this offense will require you to register pursuant to PenalCode section 186.30, subdivision (a). Willful failure to register is a crime.NOTICE: The above offense is a serious felony within the meaning of Penal Codesection 1192.7, subdivision (c).COUNT 2 (Pen. Code, § 206)9TORTURE1011On or about January 31, 2006, in the State of California, in violation of SECTION12206, of the PENAL CODE, a Felony, was committed by RICHARD BUCHANAN,13ANTHONY EDWARD FAVELA, JORGE CUEVAS MENDOZA, MAX PONCE JR.,14PATRICK RALPH PONCE, EZEQUIEL ERNESTO RODRIGUEZ, BRIAN MARK SMITH,15MARICELA SMITH, MANUEL SOLAREZ, JOSE TAMAYO, GABRIEL ANTHONY VALLES16and VICTORIANO ORTIZ, did unlawfully and with the intent to cause cruel and extreme17pain and suffering for the purpose of revenge, extortion, persuasion and for a sadistic18purpose, inflict great bodily injury, as defined in Penal Code section 12022.7, upon TOMMY19FLORES.20NOTICE: Conviction of this offense will require you to provide specimens and21samples pursuant to Penal Code section 296. Willful refusal to provide the specimens and22samples is a crime.SPECIAL ALLEGATION2324It is further alleged pursuant to Penal Code section 186.22, subdivision (b)(1), that25the above offense was committed for the benefit of, at the direction of, and in association26with a criminal street gang with the specific intent to promote, further and assist in criminal27conduct by gang members.28NOTICE: Conviction of this offense will require you to register pursuant to Penal9Amended Indictment

1Code section 186.30, subdivision (a). Willful failure to register is a crime.2COUNT 3 (Pen. Code, § 245, subd. (a)(1))3ASSAULT BY MEANS LIKELY TO PRODUCE GREAT BODILY INJURY4On or about January 31, 2006, in the State of California, in violation of SECTION5245, subdivision (a)(1), of the PENAL CODE, a Felony, was committed by RICHARD6BUCHANAN, ANTHONY EDWARD FAVELA, JORGE CUEVAS MENDOZA, MAX PONCE7JR., PATRICK RALPH PONCE, EZEQUIEL ERNESTO RODRIGUEZ, BRIAN MARK8SMITH, MARICELA SMITH, MANUEL SOLAREZ, JOSE TAMAYO, GABRIEL ANTHONY9VALLES and VICTORIANO ORTIZ, who did willfully and unlawfully commit an assault upon10TOMMY FLORES by means of force likely to produce great bodily injury.11NOTICE: Conviction of this offense will require you to provide specimens and12samples pursuant to Penal Code section 296. Willful refusal to provide the specimens and13samples is a crime.1415NOTICE: The above offense is a serious felony within the meaning of Penal Codesection 1192.7, subdivision (c).SPECIAL ALLEGATIONS1617It is further alleged pursuant to Penal Code section 186.22, subdivision (b)(1), that18the above offense was committed for the benefit of, at the direction of, and in association19with a criminal street gang with the specific intent to promote, further and assist in criminal20conduct by gang members.2122NOTICE: Conviction of this offense will require you to register pursuant to PenalCode section 186.30, subdivision (a). Willful failure to register is a crime.23It is further alleged that in the commission of the above offense said VICTORIANO24ORTIZ, personally inflicted great bodily injury upon TOMMY FLORES, not an accomplice25to the above offense, within the meaning of Penal Code Section 12022.7, subdivision (a),26and also causing the above offense to become a serious felony within the meaning of Penal27Code Section 1192.7, subdivision (c)(8).28NOTICE: This offense is a serious felony and a violent felony within the meaning10Amended Indictment

1of Penal Code sections 1192.7, subdivision(c)(8), and 667.5, subdivision (c)(8).2COUNT 4 (Pen. Code, § 245, subd. (a)(1))3ASSAULT WITH A DEADLY WEAPON AND4BY MEANS LIKELY TO PRODUCE GREAT BODILY INJURY5On or about March 1, 2006, in the State of California, in violation of SECTION 245,6subdivision (a)(1), of the PENAL CODE, a Felony, was committed by RICHARD7BUCHANAN, ANTHONY EDWARD FAVELA, JORGE CUEVAS MENDOZA, MAX PONCE8JR., PATRICK RALPH PONCE, EZEQUIEL ERNESTO RODRIGUEZ, BRIAN MARK9SMITH, MARICELA SMITH, MANUEL SOLAREZ, JOSE TAMAYO, GABRIEL ANTHONY10VALLES and VICTORIANO ORTIZ who did willfully and unlawfully commit an assault upon11JOSE TAMAYO with a deadly weapon, to wit: a knife, and by means of force likely to12produce great bodily injury.NOTICE: The above offense is a serious felony within the meaning of Penal Code1314section 1192.7, subdivision (c).15NOTICE: Conviction of this offense will require you to provide specimens and16samples pursuant to Penal Code section 296. Willful refusal to provide the specimens and17samples is a crime.SPECIAL ALLEGATION1819It is further alleged pursuant to Penal Code section 186.22, subdivision (b)(1), that20the above offense was committed for the benefit of, at the direction of, and in association21with a criminal street gang with the specific intent to promote, further and assist in criminal22conduct by gang members.NOTICE: Conviction of this offense will require you to register pursuant to Penal2324Code section 186.30, subdivision (a). Willful failure to register is a crime.25///26///27///28COUNT 5 (Health & Saf. Code, § 11352, subd. (a))11Amended Indictment

1SELL/TRANSPORTATION/OFFER TO SELL CONTROLLED SUBSTANCE2On or about March 2, 2006, in the State of California, in violation of SECTION311352, subdivision (a), of the HEALTH and SAFETY CODE, a Felony, was committed by4MARCO ARAUJO, RICHARD BUCHANAN, ANTHONY EDWARD FAVELA, JORGE5CUEVAS MENDOZA, MAX PONCE JR., PATRICK RALPH PONCE, EZEQUIEL6ERNESTO RODRIGUEZ, BRIAN MARK SMITH, MARICELA SMITH, MANUEL SOLAREZ,7JOSE TAMAYO, GABRIEL ANTHONY VALLES and VICTORIANO ORTIZ who did8unlawfully transport, import into the State of California, sell, furnish, administer, and give9away, and offer to transport, import into the State of California, sell, furnish, administer, and10give away, and attempt to import into the State of California and transport a controlled11substance, to wit: heroin.12NOTICE: Conviction of this offense will require you to register pursuant to Health13and Safety Code section 11590. Failure to do so is a crime pursuant to Health and Safety14Code section 11594.SPECIAL ALLEGATION1516It is further alleged pursuant to Penal Code section 186.22, subdivision (b)(1), that17the above offense was committed for the benefit of, at the direction of, and in association18with a criminal street gang with the specific intent to promote, further and assist in criminal19conduct by gang members.2021NOTICE: Conviction of this offense will require you to register pursuant to PenalCode section 186.30, subdivision (a). Willful failure to register is a crime.22COUNT 6 (Pen. Code, § 520)23EXTORTION24On or about March 13, 2006, in the State of California, in violation of SECTION 52025of the PENAL CODE, a Felony, was committed by MARCO ARAUJO, RICHARD26BUCHANAN, ANTHONY EDWARD FAVELA, JORGE CUEVAS MENDOZA, MAX PONCE27JR., PATRICK RALPH PONCE, GERARDO ROBLES, EZEQUIEL ERNESTO28RODRIGUEZ, BRIAN MARK SMITH, MARICELA SMITH, MANUEL SOLAREZ, JOSE12Amended Indictment

1TAMAYO, GABRIEL ANTHONY VALLES and VICTORIANO ORTIZ, who willfully and2unlawfully extorted money and other property from MATEO LNU, by means of force and3threat such as is mentioned in Penal Code section 519.SPECIAL ALLEGATIONS45It is further alleged pursuant to Penal Code section 186.22, subdivision (b)(1), that6the above offense was committed for the benefit of, at the direction of, and in association7with a criminal street gang with the specific intent to promote, further and assist in criminal8conduct by gang members.91011121314NOTICE: Conviction of this offense will require you to register pursuant to PenalCode section 186.30, subdivision (a). Willful failure to register is a crime.It is further alleged that the offense(s) charged in Count 6 ca

Richard Buchanan at the San Diego County jail. OVERT ACT NO.18 On June 4, 2006, December 25, 2006, J anuary 28, 2007, March 18, 2007, and June 24, 2007, Eden Macias Portugal deposited money into Richard Buchanan’s account at the San Diego County jail. OVERT ACT NO. 19 On June 4 and 26, 2006, September 2, 2006, November 12 and 29 2006,

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