Neely v. Henkel, supra. At approximately 9:30 p.m. Valdez and Martinez encountered Gallardo whom Valdez planned to assassinate. Respondent had indicated that a recantation by Vasquez would be filed, but no such document has been offered in evidence in this case. There, Valdez told the group, "`The Baby' paid me off. The suggestion of torture is certainly present in the record. Mr. Vasquez states that the individuals acted suspiciously and carried long and short range firearms. [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. Argument, inference and innuendo is all that has really been presented here. 1997). [31] See discussion at page 1213, line ___, et seq. When the two cars arrived at the Holiday Inn in Toluca, Valdez got out of the white Volkswagen and told Contreras, "Be, cautious, wait for me here and when you see us going out from the parking lot in the white Volkswagen, you should form a `wall' so that we cannot be followed.". In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. 3184, et seq. Mexico takes issue with the March 3, 1997 declaration, noting that it was not signed by the declarant, nor is part of an official proceeding or under penalty of perjury. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). Ahora me siento segura ya que me entero inmediatamente de todo lo que sucede, inclusive antes que mi abogado y que el abogado de . Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. *1214 (3) First Degree Murder of Jesus Gallardo Vigil and Jesus Sanchez Angulo in violation of Article 302; Article 303, Sections I and III, Article 315 and Article 320 of the Penal Code for the Federal District. Arnbjornsdottir-Mendler v. United States, 721 F.2d 679, 683 (9th Cir. C. Fausto Soto Miller, aka "Chef" In his September 27, 1996[27] declaration before an agent of the Mexican Federal Public Prosecutor, Fausto Soto Miller, "Chef," (hereinafter *1221 "Soto") stated that he was aware of the personal problems between Valdez and Gallardo, arising out of a threat with a firearm against Gabriel Valdez made by Gallardo. Prior to the June 30, 1997 evidentiary hearing on the extradition requests, there were numerous other filings by the United States and by counsel for the detainee as well as several status hearings. According to testimony given to . Mexico has filed the videotapes, the evidence concerning Respondent's statements regarding the 1997 abduction of Alejandro Hodoyan and the genesis of the March 3, 1997 Declaration by Alejandro Hodoyan, as well as the statements by Alejandro to U.S. agents. The statement by Cruz to the federal prosecutor did indicate that Cruz had suffered recent physical injury. Mexico does acknowledge that there is an investigation ongoing concerning the actions of General Rebollo and his associates, and that the investigations include the "possible" unlawful detention of suspects. In the absence of legal authority to support the court's ability to find the treaty invalid for changed circumstances or that the purpose and intent of the parties in this instance is materially different, Respondent's position in this regard is rejected. According to the allegations, earlier on April 9, 1996, Valdez, Martinez, and Isaac Contreras Ayala, aka "Calaco", (hereinafter "Contreras") were awaiting the arrival of Gerardo Cruz Pacheco, aka "Capitan", (hereinafter "Cruz") at the Glorieta del Angel. Case Number: 97CR2149 JM (S.D. Mexican prosecutors persuade California courts to send Alfredo Hodoyan Palacios and Emilio Valdez Mainero, alleged paid killers for a vicious drug ring based in Tijuana, back to Mexico to face . "El Lobo" tambin fue capturado en los Estados Unidos junto con el tijuanense Emilio Valdez Mainero "El Radioloco", ambos extraditados a Mxico en enero de 1998 y tambin remitidos a Almoloya de Jurez. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. Mexico), they could have easily added that provision. He later was charged with several murders, including Ibarras. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . denied, 364 U.S. 851, 81 S. Ct. 97, 5 L. Ed. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . emilio valdez mainerospiral pattern printing in c. phillies front office salaries Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. United States v. Manzi, 888 F.2d 204, 206 (1st Cir. The extradition proceeding is not a criminal trial nor is Respondent entitled to the rights available in a criminal trial at common law. Ante una posible enfermedad terminal, Benjamn Arellano Flix pretende obtener una liberacin humanitaria, y no pagar la pena de 25 aos de prisin en Estados Unidos. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. The Secretary of State makes the ultimate decision on whether to surrender the Respondent. In fact, in the statement to the district judge on October 2, 1996, Mr. Soto indicates that he has no physical defects. Fabin Martnez remplaz en el cargo a Emilio Valdez Mainero, El CP, y adems compadre de Ramn Arellano Flix, luego que aqul fue arrestado en 1996 en San Diego, California, y condenado a 30 aos de prisin por delitos relacionados con trfico de cocana y herona hacia Estados Unidos. In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". The principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. Get free access to the complete judgment in MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. is indoor ice skating safe during covid; most common super bowl final scores; lynette woodard spouse; reelfoot lake fishing guides; emilio valdez mainero. denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. In Bruton, the Supreme Court held that the admission of a co-defendant confession at a joint trial violates the defendants right to confrontation if the confession also incriminates the defendant. In Gallina, commissioner found the appellant subject to the extradition in Italy. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). Court documents say the threat against assistant U.S. Atty. Respondent's objections to this evidence and his explanatory evidence have already been addressed, and rejected. The Courts have chosen to defer questions regarding the procedures or treatment that might await an individual on extradition to the executive branch because of its exclusive power to conduct foreign affairs. There is nothing to confirm, corroborate or verify that the facts in the statement are in fact the testimony of Sergeant Ruiz, and based upon personal knowledge. The request for discovery regarding Miranda was also submitted in RESPONDENTS SUPPLEMENTAL SUBMISSION RE: EXTRADITION AND REQUEST FOR DISCOVERY filed June 26, 1997 in Case 96-1828 (Docket No. [6] The Court also directed the United States to request from Mexico, a signed statement of Seargent Ruiz and evidence of all dates of arrest after September 1, 1996 of witnesses Soto, Alejandro Hodoyan, Francisco Cabrera Castro and Gerardo Cruz Pacheco.[7]. Respondent's discovery request in this regard is denied. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. On June 26, 1997, respondent filed a SUPPLEMENTAL SUBMISSION RE: EXTRADITION AND REQUEST FOR DISCOVERY[34], with an attached declaration of Augustin Hodoyan (Alejandro's brother) with Alejandro's personal notes which were used to create the March 3, 1997 declaration. Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix If the Court determines that all the requisite elements have been met, the findings are incorporated into a certificate of extraditability. Equihua had been close to a witness in the drug-related cases of Alfredo Hodoyan and Emilio Valdez Mainero, which were due to be heard in San Diego courts. United States v. Kin-Hong, 110 F.3d 103 (1st Cir. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. [22] The individuals related to this case are often referred to in the evidence by nicknames. In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. 44). Defense counsel was provided for Mr. Cruz Vasquez identifies himself as a member of the AFO and states that in March, 1996, he had several visitors to his home, including Respondent Valdez, Martinez, and co-extraditee Alfredo Hodoyan Palacios. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. The Court denied the motion.[3]. The . Background. Respondent also cites Title 18 U.S.C. The Ruiz statement also describes the "detention" of Alejandro and Francisco Cabrera Castro, aka "Piedras". They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. Valdez shot and killed Gallardo as well as Sanchez who happened to be in the corridor at the time of Gallardo's murder. [38] Specifically, Cruz was charged with homicide and Soto was charged with possession of various *1224 weapons, and a narcotics related offense (possession of marijuana). Si te preguntas quines son en la vida real los llamados narcojuniors de Narcos Mxico, serie de Netflix, se trata de al menos tres de los jvenes de familias acomodadas en Tijuana, Baja California, que se involucraron en temas de drogas y en especial con el Crtel de los Arellano Flix.Entre ellos, El Kitty Arturo Everardo Pez y los hermanos Hodoyan. 956 (1922), In re Locatelli,468 F. Supp. 96mg 1828(AJB). The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. Otros de los jvenes reclutados tambin fueron personificados en Narcos Mxico 3, por ejemplo Emilio Valdez Mainero, hijo de un guardia presidencial, quien conoci a Ramn Arellano en una . The complaint . Get free summaries of new Southern District of California US Federal District Court opinions delivered to your inbox! (4) Preparatory Statement of October 2, 1996, at 6:00 p.m. before the District Judge of the Federal Criminal Proceedings in the State of Mexico, at the Federal Center for Social Rehabilitation Number 1, in Judicial Proceedings Courtroom Number One. La pequea y poco conocida . Nobody threatens my brother because the moron who does it, dies."[12]. The Ninth Circuit has held that self incriminating statements of accomplices are sufficient to establish probable cause in an extradition hearing. [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. These issues were analyzed under that premise. His body was found in Osmun Lake in Pontiac on June 7, 2018 but no arrests were made until April 8 of this year. 54(b) (5). 672, 685 (S.D.N.Y.1978), aff'd, 619 F.2d 167 (2d Cir.1980), citing Collins, supra, 259 U.S. at 316. While the motion was denied, the Court did find good cause to order the production of further evidence described by the United States in its responsive papers as becoming available since the June 30, 1997 extradition hearing. [43] The balance of the evidence, as noted, does not lead to the conclusion that Alejandro was under duress, nor, that the November 30, 1996 deposition is unreliable. Recanting statements are relevant as they affect probable cause, but a showing that the prior statement is coerced and that indicia of reliability is on a subsequent recantation is the appropriate point of analysis on this issue. Gerardo Cruz Pacheco, a former presidential security guard, told Mexican officials he helped the gunmen escape after the Holiday Inn murder by forming a wall of cars as they drove off. [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". Defense counsel was provided for Mr. Soto for purposes of his testimony. 1983). Respondent has no right to rebut prosecutorial evidence (here, the basis and procedural compliance with the laws of Mexico as well as the determination of probable cause to issue the warrant in Mexico). Under Article 10(7) of the Treaty, the probable cause determination is to be made in accordance with the laws of requested party (here, the United States). Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. Est acusado de ser uno de los secuaces ms temidos de Arellano y se lo busca por asesinato en Mxico.Emilio Valdez Mainero era un compaero de juventud que Alex Hodoyn eligi, aos ms . 896 (S.D.Cal.1993). Otro de los reclutados fue Alfredo Hodoyan Palacios, quien era hijo de un empresario prominente en Tijuana. Miranda also declared that Valdez had told him he and Fabian Reyes Partida, aka "Domingo", (hereinafter Reyes) had assassinated Jesus Romero Magana because he was investigating Valdez' criminal activity. Fausto Soto Miller presented Matter of Extradition of Koskotas, 127 F.R.D. Id. The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. In making this ruling, the Court of Appeals stated: After making its holding, the Gallina court did state that a case might occur in which the extraditee "would be subject to procedures or punishments so antipathetic to a federal court's sense of decency as to require reexamination of the [the general principle upholding extradition.]" They are: (1) The Statement of October 12, 1996 at 1:00 a.m. in Mexico City; and. Martinez told Cruz that he would receive some money if Cruz would hold the 38 Super and the 9mm guns that they had used to kill Gallardo and Sanchez. The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. No charges have been filed against Anaya, and he denies the allegations. 3184, et seq., the United States issued a provisional arrest warrant for the Respondent, signed by Magistrate Judge Anthony J. Battaglia on September 30, 1996. Tambin as reclutaron a Alfredo Hodoyan Palacios, hijo de un empresario de Tijuana, quien comenz a pasar droga sin levantar sospechas pues era . 40). [20] i.e. Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. See footnote 10. Respondent also offers, as evidence to defeat probable cause, recantations by Cruz and Soto relative to the earlier statements[36]. Specifically, Respondent sought "all witness statements submitted in General Gutierrez Rebollo's case to determine whether or not there is additional relevant testimony." Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. These individuals returned to Mr. Vasquez' home in April of 1996 and stated that they were running from the authorities because they had committed a homicide in Mexico City. On the other hand, the formal statements of Soto and Cruz have significant detail concerning the personal background of the witnesses and the specifics of the offenses and related matters. The two perpetrators escaped in a white Volkswagen. Republic of France v. Moghadam,617 F. Supp. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. On October 22, 1997, the Court issued an Order directing the United States Attorney to produce photographic evidence referenced in witness statements and related to the issue of the identity of Respondent. [17] Article 9(1) provides in pertinent part, "the executive authority of the requested party shall have the power to deliver them up if, in its discretion, it is deemed proper to do so". These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". In fact, Respondent urges the Court to dismiss this proceeding stating that the Mexican Attorney General's office held back these statements because of their negative impact on the probable cause analysis. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent")[1] is accused by Mexico of having been involved with or committing various crimes in violation of Mexican laws. California. The charge related to the 1994 event has been abandoned. Cal. Under *1216 United States law, the standard of probable cause is whether there is any evidence warranting the finding that there was reasonable ground to believe the accused guilty. 2d 455 (1972). This finding could be based upon the testimony of Miranda and Alejandro, alone. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. The Court is not limited in its receipt of this evidence by virtue of the lack of certification. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). That conclusion is based on the following analysis. *291 Michael Pancer, Law Office of Michael Pancer, San Diego, CA, for Emilio Valdez Mainero. Another court has correctly characterized the above sentence from the Second Circuit as "dicta." EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. [18] In the original request, Mexico sought extradition on the firearm offense related to events and circumstances alleged to have occurred on April 13, 1994. Augustin also indicates that Alejandro told him that the Mexican officers intended to torture and kill Alfredo Hodoyan Palacios should he be extradited to Mexico. [33] On June 19, 1997, Respondent filed a REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY requesting, among other things, that the Court "order the government to turn over any other relevant information which might help the detainee explain the `evidence' lodged against him" (Docket No. Respondent's reliance upon Article 11, Paragraph 3, is misplaced. Los narcojuniors . While the Court has wide latitude in admitting evidence, and hearsay evidence is admissible, the Ruiz statement is without any legally reliable corroborating or authenticating evidence in this case. The contours of the extradition proceeding were shaped by the Treaty and statute. 1980), the court refused to decide whether the accused might be tortured or killed if surrendered to the requesting nation because this argument raised an "issue that properly falls within the exclusive purview of the executive branch" Id. 937 (D.Vt.1991); Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). The interests of Mexico were represented by the United States through the United States Department of Justice, by United States Attorney Alan D. Bersin and Assistant United States Attorney Gonzalo P. Curiel. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. These questions cannot be answered within the narrow confines of an extradition proceeding and would be most properly addressed by the Secretary of State and/or the Court in Mexico on a trial on the merits. Peryea v. United States,782 F. Supp. [13] The diplomatic note related to the initial firearms charge[14] and the criminal association charge. Miranda also stated that in 1992, Valdez was in charge of cocaine trafficking, and that later, Valdez trafficked in 200 to 400 kilogram shipments of marijuana for the AFO. BATTAGLIA, United States Magistrate Judge. Miranda's testimony is not only generally consistent with the statements of others, but is based upon his acquaintance and involvement with the individuals described therein. In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. Buscar. All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. The Court is not required to decide guilt or innocence, but only determines whether there is competent legal evidence to justify holding the accused for trial in the charging country. Collins v. Loisel,259 U.S. 309, 317, 42 S. Ct. 469, 66 L. Ed. Estudiaban en colegios particulares, eran de familias acomodadas y los deslumbr el estilo de vida del "Mon", uno de los lderes del crtel de Tijuana. October 21, 1996. at 1450-1451. Cruz declared that the group told him of multiple murders that they, including Valdez, had committed because the "boss was angry", referring to Ramon Arellano Felix. The holding in Gallina, however, offers no support for Valdez' claim. [39] MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, Page 6, lines 5-7 (Docket No. As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. 2d 61 (1970). 448 (1901); Simmons v. Braun, 627 F.2d 635 (2d Cir.1980); Charlton v. Kelly,229 U.S. 447, 461, 33 S. Ct. 945, 57 L. Ed. [48] Evidence submitted in this regard includes the "recantations" regarding the use of torture to extract statements from the witnesses as well as the alleged abduction of Alejandro. The magistrate judge need only determine whether there is competent evidence to justify holding the Respondent for trial, not whether the evidence is sufficient to justify conviction. Miranda stated that the murder took place the first part of April 1996, at the Holiday Inn in Toluca. Miranda declared that Valdez and Martinez committed the murder of Gallardo. Id. Appellant asked the Court of Appeals to stop his extradition because he had been convicted in absentia in Italy and, therefore, would be imprisoned without trial, be unable to confront his accusers and would not be able to conduct a defense. Entre los jvenes reclutados por el narcotrfico mexicano se encentraban Emilio Valdez Mainero, hijo de un guardia presidencial, Alfredo Hodoyan Palacios, Eduardo Len, los hermanos Endir y . Alfredo Miguel Hodoyn Palacios, (a) "Lobo" u "88" , fue detenido el 30 de septiembre de 1996, en San Diego California. A great number of questions exist, and many questions remain unanswered in this case. Cruz describes his mistreatment and torture at the hands of the Mexican authorities. *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of .
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