I believe it would be disingenuous for the defense to claim he was in fear “of gangs” from the day of the murder, or that Donna was in fear “of gangs” from the moment he told her he was being extorted. It is possible they could argue they were in fear of murdering thugs, and perhaps that is a distinction without a difference.
But I think it does make a difference, because “gang members,” to me, is an inherently inflammatory and prejudicial term to use. And in my opinion any claim that either Donna or Charlie were in fear of “gang members” from the day of the murder is not supported by the evidence that I’ve seen.
The evidence that I’ve seen, including Rivera’s own testimony, is that Sig was not in a gang, and that although Luis was in a gang, he did not go along to Tallahassee pursuant to his role in the gang, this was simply a personal thing he did with Sig. Luis was expressly asked about this, as I recall, and he testified that the Latin Kings were in no way involved in the murder.
The only evidence I’ve seen as to any gangs being involved in this case is Charlie’s testimony in this trial that while in the car outside Dolce Vita - nearly two years later and conveniently when the FBI was not able to record him - Katie told him that Luis was a Latin King and was involved in killing Dan and extorting him. This testimony, in my opinion, is self-serving.
The claim by Charlie that he’s currently being threatened in prison by angry gang members, in my opinion, is simply an effort to bolster Donna’s defense. It’s certainly possible that they might be upset that Charlie accused them of extortion, but, for me that’s not easy to believe, given that the ONlY time he alleged that any gang member extorted him was in his (in my opinion self-serving) testimony about what Katie said to him in the car outside Dolce Vita.