Witness Admits Calling Actor ‘Fair Game’

The prosecution’s chief witness in the Mexican Mafia trial in Los Angeles federal court admitted Wednesday that he had said that actor Edward James Olmos was “fair game” if someone “wanted to do whatever” to him, but denied that he was advocating violence.

The admission by Ernest “Chuco” Castro helped bolster defense arguments that Castro, and not the 13 defendants, instigated many of the misdeeds detailed in the federal government’s case against the Eme, the street nickname for the prison gang.

The defendants--all suspected members and associates of the secretive gang--face charges of racketeering, drug trafficking and extortion in trying to extend its influence to Southern California’s street gangs.

Olmos is not officially involved in the federal case but whenever his name comes up, as it did Wednesday, courtroom observers take notice.

His 1992 film, “American Me,” in which he played a member of the Eme, is known to have displeased the prison gang, especially by its graphic depiction of sodomy. Government tapes also show that organization members were upset that Olmos refused either to issue a public apology for the movie or to settle a lawsuit filed by the family of reputed Eme leader Joe “Pegleg” Morgan, whose life was portrayed in the film. That case was thrown out of court.

As part of this federal case, some of the defendants are accused of killing three unpaid advisors to the film. They were charged in 1995 with trying to extort money from Olmos, but that accusation was dropped before the trial began last November.

Castro’s admission came as defense attorney Yolanda Barrera, who is representing defendant Raymond “Champ” Mendez, asked the government witness about statements he made at a Nov. 2, 1994, meeting secretly videotaped by FBI agents.

On the tape, Castro, who became a government informant the year before and knew that the hotel meeting was being recorded, asks Mendez and other suspected Eme members about possible actions regarding Olmos.

Mendez is seen discussing the lawsuit, and the conversation later drifts to other subjects. Castro, according to the tape, brought up Olmos again.

“There’s one more issue that’s important,” Castro is heard telling others at the hotel meeting. “Where do we stand on Olmos?”

After some more talk, Castro is heard saying: “He stands, he stands, he stands . . . fair game. Is everyone in agreement with that?”

It was unclear from the tape whether those in attendance agreed with Castro, but Barrera sought to portray the government informant as an instigator of violence against Olmos--something his handlers in the FBI would never stand for.

“What did you mean by fair game?” Barrera asked.

“If anyone wanted to do whatever they wanted to do. . . “ Castro replied.

“Like what?” she asked.

Like the apology, Castro responded.

But Barrera pointed out that an apology from Olmos was an old issue that had been discussed at previous meetings of the organization, also secretly videotaped, and no resolution had been reached.

Castro agreed.

“Were you advocating violence against Edward James Olmos?” she pressed.

“No,” Castro said.

Earlier in his cross-examination by Barrera, Castro admitted that he had violated a cardinal rule of the Eme--by “politicking,” or saying bad things, against fellow members. He said he also had politicked against Olmos.

At the end of Barrera’s questioning, Castro said he was interested in saving innocent people from violence.

Barrera shot back accusingly at Castro, asking about several people that the secret tapes show he had bad-mouthed. For example, she asked, had Castro been “interested in saving” a reputed member of the 18th Street gang named “Puppet” whom he had politicked against?

“No,” Castro said.

And what about Donald “Big D” Garcia, a former Eme soldier who was marked for death for becoming a born-again Christian?

“No,” he said.

And reputed Eme member Donald “Little Man” Ortiz, who also was marked for death?

“No,” he said.

Then, attorney Michael J. Treman of Santa Barbara, who is representing defendant Juan “China Boy” Arias, began his cross-examination of Castro, who has been on the witness stand since Jan. 29.