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Witness’s Reference to Accused’s ‘Moniker’ Didn’t Require Mistrial to Be Declared, C.A. Holds

Wiley Says Association of Term, Within Criminal Justice System, With Gang Membership Doesn’t Mean Connotation Is Commonplace

By a MetNews Staff Writer

A judge, after a police officer referred in testimony to the defendant’s “moniker,” properly admonished the witness, outside the presence of the jury, to use, instead, the word “nickname,” Div. Eight of the Court of Appeal for this district said yesterday, holding that this sufficiently guarded against further prejudice and that declaring a mistrial—on the theory that the term that was used connotes gang membership—was not required.

The opinion by Justice John Shepard Wiley Jr. affirms the murder conviction of Ricardo Sarabia, who goes by the sobriquet, “Clover.”

Wiley said that Los Angeles Superior Court Judge Hilleri G. Merritt, who had granted a motion in limine excluding evidence of gang membership “was understandably concerned that the prosecutor failed to admonish the witness” to avoid terminology that could be seen as violative of the order. The justice wrote:

“One instance of the word ‘moniker’ did not deny Sarabia a fair trial. People working in the criminal justice system may connect the word ‘moniker’ with gangs from familiarity with rap sheets (which can have an entry labeled ‘moniker’). Sarabia has not established the lay population, from which the jury pool is drawn, shares this association. A standard dictionary defines the word as slang for ‘a person’s name, esp. a nickname or alias.’ ”

He continued:

“The prosecution quotes this dictionary definition: “Merriam-Webster’s dictionary defines moniker as ‘NAME, NICKNAME,’ and gives as an example,’ ‘Hoosier’ is a common moniker for a resident of Indiana.’…

“The court was right to deny the mistrial motion.”

Other challenges to the conviction were rejected. Wiley’s opinion orders a remand for corrections in the abstract of judgment.

The case is People v. Sarabia, 2025 S.O.S. 2360.