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Woodyard’s counsel filed a motion in limine to exclude evidence of Woodyard’s and witnesses’ alleged affiliation with Aryan-power and Nazi-affiliated gangs both inside and outside of prisons (e.g. 211 Gang, Nazi Low Riders, etc.).
The prosecution argued primarily that the gangs – of which Woodyard and many of his co-conspirators were members or associates – enabled Woodyard and his confederates to sell drugs as a way of helping gang members get on their feet after getting out of prison (and to obtain the gang’s trust), to obtain money to send to other gang members, and to obtain money to put into gang members’ prison accounts. In short, the gangs were the enterprise and the drug sales were racketeering acts furthering the enterprise.
But see People v. Martinez, 24 P.3d 629, 633-34 (Colo. App. 2000) (evidence of the defendant’s gang affiliation was relevant in murder prosecution because the prosecution’s theory was that the defendant aided, abetted, advised, and encouraged his fellow gang members in their criminal actions); People v. Mendoza, 876 P.2d 98, 102-03 (Colo. App. 1994) (evidence of gang affiliation was relevant to show the defendant’s motive to murder the victim).
The People v. Jacob Benjamin Woodyard (2023). Colorado Court of Appeals, Division III. Court of Appeals No. 19CA0376. Decided: September 14, 2023.
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