Leniz Escobar seeks new trial in quadruple MS-13 gang murder case, court papers say
Lawyers for the MS-13 gang associate known as “La Diablita” say she should get a new trial following her conviction in a Central Islip quadruple murder because prosecutors previously didn’t disclose information that shows a key government witness testified falsely.
Earlier this year a jury found Leniz Escobar, then 22, guilty of racketeering and murder in aid of racketeering on the fifth anniversary of the four victims’ April 2017 hacking deaths in a Central Islip park.
Prosecutors said during the trial in a federal courthouse near where police recovered the victims’ remains that Escobar, whose nickname means “Little Devil,” was both the “bait” that lured the young men to the scene and a “mastermind” who helped plot the crime.
As she awaits sentencing, Escobar’s defense team says cooperating prosecution witness Sergio Vladimir Segovia-Pineda — who told jurors about taking part in the murders — lied in his testimony by denying being present when another MS-13 member raped a female gang associate months before the killings.
The defense’s court filing contends prosecutors had information at the time of the trial showing they knew, or should have known, that Pineda was committing perjury.
Notes the Eastern District U.S. Attorney’s Office turned over to the defense in June — after Escobar’s trial — from an interview with another gang source directly contradict Segovia-Pineda’s testimony about the rape, according to the defense paperwork.
The source, whose identity was redacted in court papers, told law enforcement Segovia-Pineda was ordered to bring the victim to the house where she was sexually assaulted and that Segovia-Pineda was among MS-13 members who wouldn’t let her leave when she tried.
“The government failed to turn over a document that contained information that directly contradicted one of their three main witnesses on an important part of his testimony,” Jesse Siegel, one of Escobar’s attorneys, told Newsday in an exclusive interview.
“Had it been turned over, it could have been used to impeach that witness. And if that witness was discredited in the eyes of the jury as a result … it could have led to a different verdict,” he added.
John Marzulli, a spokesman for prosecutors, declined to comment Thursday.
Court records show prosecutors haven’t responded to the defense motion yet but agreed to Siegel’s request to move Escobar’s sentencing from next week to January. She faces a possible sentence of life in prison.
The defense motion, which Siegel’s co-counsel N. Keith White filed Nov. 1, also says a previously unavailable witness who is “an accused co-conspirator to the subject murders” could offer “information favorable” to Escobar in a new trial after being recent extradited from El Salvador.
That witness could testify, according to other notes the government disclosed, about being at the murder scene and seeing Escobar “on the ground crying,” the defense filing says.
Segovia-Pineda testified during Escobar’s trial that she was “just watching” the violence and didn’t try to run.
He also told jurors he used a chisel and a machete on the victims as they screamed during the attack that he said 14 MS-13 gang members or associates played a role in.
Those who died were: Jorge Tigre, 18, of Bellport; Justin Llivicura, 16, of East Patchogue; Michael Lopez, 20, of Brentwood; and Lopez's cousin, Jefferson Villalobos, 18, of Pompano Beach, Florida.
MS-13 had believed based on social media posts that the sole survivor of the attack and his friends were either members of the rival 18th Street gang or had shown disrespect toward MS-13 and so targeted them for death, prosecutors said during the trial.
The survivor testified he wasn’t in a gang but had posed making gang signs for attention from women.
The defense's recent motion is the second time Escobar's lawyers have requested a new trial.
In May, her attorneys argued evidence was insufficient to show she acted with the purpose of maintaining or increasing her position in MS-13 — an element of the four counts of murder in aid of racketeering.
At trial, Escobar’s lawyer said she wasn’t a gang associate, but got protection from MS-13 because of her boyfriend’s role in the gang.
Prosecutors opposed the defense’s May motion, saying the jury had more than sufficient evidence to find Escobar, an MS-13 associate, lured the victims to their deaths "to gain the trust and respect of, and ingratiate herself with" the gang.
U.S. Circuit Judge Joseph Bianco hasn’t ruled on the defense motions.
Holiday celebrations around LI From house decorations and candy makers to restaurant and theater offerings, NewsdayTV's Elisa DiStefano checks out how Long Islanders are celebrating this holiday season.
Holiday celebrations around LI From house decorations and candy makers to restaurant and theater offerings, NewsdayTV's Elisa DiStefano checks out how Long Islanders are celebrating this holiday season.