HEADNOTE: Mario Rodriguez Gutierrez v. State of Maryland, No. 98 ...

members are expected to be.” Norris explained that MS-13 members respond to criticism
of their gang or untruthful displays of MS-13 membership (an act known as “false flagging”)
with violence “up to death.” In fact, MS-13 is “the gang that [law enforcement] had seen the
most violence with recently for the past four, four and a half years in this region . . . .”
Finally, Norris, who often conducted internet investigations by visiting gang members’
MySpace webpages, articulated a belief that Gutierrez was affiliated with MS-13 based on
pictures of the defendant taken from MySpace.
During the lower court proceedings, defense counsel attempted to prevent the
admission of evidence of MS-13 affiliation four separate times. Prior to trial, defense
counsel moved in limine to bar “any testimony as to [MS-13] and [Gutierrez’s] involvement
in a gang.” The Circuit Court, relying on Ayala v. State, 174 Md. App. 647, 923 A.2d 952
(2007), denied the motion on grounds that the State was using the gang evidence to prove
motive. Again, before voir dire, the defense renewed its “motion to exclude testimony by
any expert on gangs” because news reports of a supposed gang-related fatality in Riverdale
the week before trial rendered such evidence unduly prejudicial to Gutierrez. The court once
again denied the motion, but asked that neither side mention the MS-13 connection during
jury selection so as not to dissuade jurors from serving. As the State was about to make its
opening remarks, defense counsel asked the court for a standing objection to “any reference
to gang membership, gang procedures, or MS-13 except as that may have been uttered by any
person at the time [of the shooting].” The court granted a “standing objection to any
reference that the State makes to MS-13.” The final objection occurred immediately before
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