Cross-Examination of Informant Starts in Mexican Mafia Trial

The long-awaited cross-examination of the government’s chief witness in the Mexican Mafia trial in Los Angeles federal court began Thursday with a defense attorney asking Ernest “Chuco” Castro if he was a rat.

“I’m an informant,” said Castro, a former Mexican Mafia member who agreed to testify against the prison gang.

“But there’s another name for it,” insisted defense attorney Ellen Barry. “Rat?”

“I’m an informant,” Castro repeated.

Barry persisted, and Castro, after initially denying that he was a rat, agreed that he was one.

Later, as her cross-examination of the prosecution’s key witness continued, Barry prefaced some of her questions by saying, “While you were a rat for the government . . . “

Castro did not show any visible reaction to being called a rat.

He represents a key portion of the racketeering case against 13 suspected members and associates of the prison gang. Castro secretly recorded or arranged for the surreptitious videotaping of conversations and meetings in which the defendants were heard planning the organization’s business and discussing potential targets for murder.

The federal government accuses the defendants of fostering a reign of terror through the Eme--as the prison gang is commonly called--using intimidation, murder and extortion.

Since the trial began last November, prosecutors have portrayed Castro, 39, as an ex-Eme member with a long, violent history that they have not tried to hide from the jury. During opening statements, defense attorneys called him, among other things, a liar, a thief, a drug addict, a murderer, and evil incarnate.

They were eager to confront Castro in court about his cooperation with authorities in the case, but were unable to talk to him before now because he is in a federal witness protection program as a cooperating witness. And, after nine days of testifying for the prosecution earlier this month, defense attorneys were ready, but their cross-examination was put off for more than a week because various people involved in the trial were ill.

Barry, a deputy federal public defender who is representing defendant Alex “Pee Wee” Aguirre, relished the opportunity Thursday to finally confront Castro. “I’ve been waiting two years for this,” she said outside of court.

In addition to branding him a rat--taboo for Eme members--Barry asked about another gang taboo.

“You’re not a coward?” she asked.

“I may be, I don’t know,” Castro replied.

Under Barry’s intense questioning, Castro admitted that he has not always followed to the letter his agreement with the FBI to divulge information about his own criminal background or the Eme.

For example, Barry asked if it was true that he was ordering “green lights”--a command to assault someone--while working for law enforcement.

He demurred at first.

“Do you know if [the green light order] makes you a co-conspirator [along with the defendants]?” Barry asked.

“Yes,” Castro said.

“And it does, right?” the deputy federal public defender inquired.

“Yes.”

He also admitted that he failed to immediately tell the FBI about two murders he committed while in state prison in the 1980s and ‘90s. As part of his agreement to help the FBI, he agreed to give complete information about his past.

Since his arrest by authorities in November 1993 and his decision to cooperate, he has not been charged with any crimes stemming from Eme activities, he acknowledged.

Castro said the decision to turn against the Eme took just one day, but he did not go into the specifics of what prompted him to do so. A heroin addict for more than 20 years, he denied that he was suffering from withdrawal at the time he decided to cooperate with law enforcement agencies. He also admitted that the FBI is paying for an attorney to represent him against the weapons charges that prompted his cooperation with the government.

Barry concluded her questioning late Thursday and defense attorney Manuel Araujo, who is representing defendant “Shakey” Joe Hernandez, began his cross-examination by asking about Castro’s use of heroin.

The cross-examination, which resumes today, may last a week because all 13 defense attorneys want to question Castro.