‘Narco Saint’ Raises Red Flags

— Many Mexican drug smugglers believe Jesus protects them as they go about their business.

But this Jesus -- Jesus Malverde, also known as the "narco saint" -- also has the power to put them behind bars.

Police and prosecutors have learned to spot and take advantage of the figurines, amulets or pictures of Jesus Malverde to arrest and prosecute drug dealers who either carry the talisman on their journeys or make shrines to the narco saint in their homes.

Assistant U.S. Attorney Chris Plumlee said images or statuettes of Jesus Malverde are another tool for law enforcement, like nervous behavior or stories that don't jibe, that may combine with other evidence to give them probable cause to perform a search.

"For a long time, I think it went unnoticed," said Plumlee, who is chief of criminal prosecutions for the Western District of Arkansas. "For a lot of the highway interdiction guys, like the highway police, if they pull somebody over on a routine stop and they see that symbol, it's a red flag for them to be a little more alert and approach it from the angle that this person might be transporting drugs."

Local Drug Task Force members said they have found shrines at a couple of big drug busts they've made recently.

"It's something we see from time to time. It's not every day or every week," said Sgt. Brad Renfro of the Fayetteville Police Department. "It's just like everything else we do, it could be significant or it could be insignificant but it's something that might peak our interest a little bit."

Federal prosecutors planned to use what the government said was a shrine to the narco saint against Juan Rodriguez had he gone to trial for distributing methamphetamine out of his Rogers apartment.

Robert Almonte, a former El Paso, Texas, law enforcement officer, was expected to testify as an expert witness about a small glass bust of Jesus Malverde, candles and other items found during a search of Rodriguez' apartment.

Rodriguez' co-defendant, Chelsea Mahone, was expected to testify she saw Rodriguez pray to the Malverde bust and light candles prior to engaging in drug activities.

The defense, in court documents, argued the evidence was irrelevant and prejudicial.

"Simply inferring to a jury that Mr. Rodriguez prays to a figurine for guidance and protection would be unfairly prejudicial and that unfairness would multiply exponentially if the government was allowed to classify the figurine as the patron saint of Mexican drug traffickers," federal public defender Jack Schisler wrote in his motion.

The issue became moot when both Rodriguez and Mahone opted to plead guilty last week, rather than go to trial.

There's been little case law on the admissibility of Jesus Malverde paraphernalia. In one case it was allowed. In another case, a magistrate judge recommended narco saint images and symbols be excluded because, even if relevant, they would be unfairly prejudicial.

The magistrate noted that, "the average east Tennessee juror would likely be highly offended by an individual who prayed to or relied on some Goddess of Death or Jesus Malverde."

The government opposed the magistrate's recommendation but declined to pursue the objection and no formal ruling was ever made.

In February, Andres Carbajal was stopped on Interstate 30 in Hempstead County, in southwest Arkansas by a state trooper.

Trooper Adam Pinner told a federal magistrate judge at Carbajal's detention hearing that at least part of his probable cause to ask for a search of Carbajal's vehicle, during an otherwise routine traffic stop, was a figurine of Jesus Malverde in a box in the back of the vehicle.

A drug dog alerted on the vehicle, which was then impounded and searched. Four kilograms of cocaine were found in a secret compartment beneath the vehicle.

Carbajal is currently awaiting trial in federal court in Texarkana.

When Walter Nunez was arrested in Cabot with more than 10 pounds of methamphetamine in February, police also found a shrine to Jesus Malverde set up on Nunez' living room coffee table, according to reports. The shrine had a shot of tequila, a cigarette and money in front of it as an offering, which is common, police said. Nunez has a change of plea hearing set for Aug. 6 in Little Rock.

Plumlee said it's ironic in the sense that something drug smugglers have so much faith in can ultimately come back to expose them.

"A lot of these people who live in Mexico really believe in this and it's just a part of their religion," Plumlee said. "They're really committed to it so they'll actually have that saint hanging from their rearview mirror or a statuette on their dash or whatever."

AT A GLANCE

Who's Jesus Malverde?

Jesus Malverde, known to law enforcement officials as the "narco saint" is believed by many to be the patron saint of drug dealers. Others consider the folklore hero a protector and defender of the poor, a type of Robin Hood-bandit figure. Malverde, according to legend, was from the Mexican state of Sinaloa and died in 1909. It is not known whether Jesus Malverde ever actually existed. He is not recognized as a saint by the Roman Catholic Church.

Source: Staff Report

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