Mother cleared in gang probe

Crown withdraws more accusations against those arrested in raid on alleged MS-13 members

Jan 27, 2009 04:30 AM
BETSY POWELL
COURTS BUREAU

The Crown has withdrawn more than 30 drug-related charges against a young mother arrested as part of last year's high-profile takedown of suspected MS-13 gang members.

Rosa Martinez-Cabrera, 24, spent more than five months in pre-trial custody, leaving her baby in the care of her in-laws, before she was released last fall.

Yesterday, the woman shook her head and declined to comment as she pushed a baby stroller outside the Old City Hall courtroom.

"I should sue," she said to her lawyer, Daniel Brown.

Brown said the circumstances are unfortunate, since Martinez-Cabrera spent "close to six months in pre-trial custody, a young child was taken out of her arms, and they fought her at all stages for her release."

Then, in the end, the Crown "realized they didn't have a case."

Her boyfriend, Douglas Moreira, 28, yesterday pleaded guilty to one count of possession of cocaine for the purpose of trafficking.

Judge Robert Bigelow sentenced Moreira to 24 months in prison, but gave him two-for-one credit for the eight months he had spent in custody, so Moreira must serve an additional eight months.

Both Martinez-Cabrera and Moreira forfeited claim to $30,000 seized during the raids; Brown told court there is no admission the money belonged to either of them.

Federal prosecutor Antoinette Issa also withdrew charges against another co-accused yesterday.

Now only one accused remains in what defence lawyers say is the embarrassing collapse of the case that made headlines in 2008, when Toronto police said they had taken steps to dismantle a local faction of the MS-13, one of the world's most vicious gangs.

"Gang investigators have stamped out the first wisps of smoke signalling the arrival of a notoriously violent street gang with U.S. and Central American roots," said a Toronto police news release.

"It was a lot more talk than actual show on the part of the police," said Brown.

"Where is it? Where is the gang they brought down? ... This was police officers rushing an investigation here, far below the standards that could possibly meet a conviction for participating in a criminal organization."

In a series of pre-dawn raids last June, Toronto police arrested 17 people they suspected of belonging to the Central American criminal organization.

Five were charged with plotting to kill a jail guard at Toronto West Detention Centre, but last fall the Crown stayed the murder conspiracy charges against four of the accused.

The Crown has also stayed the charges against the four of uttering death threats and belonging to a criminal organization.