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. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. B. Gustavo Miranda Santacruz On November 19, 1996, Gustavo Miranda Santacruz (hereinafter "Miranda") made a declaration before Assistant United States Attorney, Gonzalo P. Curiel, acting as Mexico's agent pursuant to a request under the mutual Legal Assistance Treaty that exists between Mexico and the United States. There, Valdez told the group, "`The Baby' paid me off. 896 (S.D.Cal.1993). 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 . QUIERE LIBERTAD, DEBE VIDAS - Semanario ZETA In re Petition of France for Extradition of Sauvage,819 F. Supp. At the time, Emilio Valdez Mainero, a member of the Arellano Flix cartel, said in a bugged conversation with a inmate-turned-informant that he wanted to kill Curiel. 1462, 1464 (S.D.Tex. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. The proper authority for the political decision here is, of course, the Secretary of State. Narcojuniors, la pandilla real de "nios ricos" que se involucr en el 3184. 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. Hearsay evidence is admissible on behalf of the Respondent to establish the "obliteration" of probable cause. Lastly, there is no authority that requires a magistrate judge to compel disclosure of explanatory information. Respondent also offers, as evidence to defeat probable cause, recantations by Cruz and Soto relative to the earlier statements[36]. The "recantations" from Cruz and Soto are in the form of testimony before a judge of the First District of Federal Criminal Proceedings in the State of Mexico. By Molly Moore. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). 12). [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. [20] i.e. 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. Valdez was ordered detained following arraignment. Anecdotes from the AFO (Ramon and Benjamin). I may have the - reddit Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. The two cars stopped in the village of San Mateo Atenco. Two Mexican men to be extradited for drug-related murders BATTAGLIA, United States Magistrate Judge. 2d 208. The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. 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. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. is indoor ice skating safe during covid; most common super bowl final scores; lynette woodard spouse; reelfoot lake fishing guides; emilio valdez mainero. The law limits extradition to circumstances where the Treaty is in full force and effect. The Miranda statement provides competent evidence to support a finding of probable cause that Valdez was involved in the Gallardo and Sanchez murders of April 9, 1996. Twenty-eight days after he took office, Ibarra, along with two government agents and a taxi driver, was gunned down in a cab outside Mexico Citys airport. It is also notable, that the sum total of the evidence showed Alejandro's Declaration regarding torture and abuse to be contrived in its derivation. In Zanazanian, the Ninth Circuit held that police reports which summarize the statements of witnesses are competent evidence, *1227 even though the same documents would be inadmissible hearsay in other contexts. the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. R.Crim.P. 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. (5) Gilberto Vasquez Culebro. Mexican Tale: Drugs, Crime, Torture and the U.S. Finally, Valdez offers that Cruz, Soto, Alejandro and Vasquez[32] were subjected to torture, *1222 and were under duress at the time of the "alleged" statements. The Department of Justice shall prepare a certification consistent with this memorandum as required by 18 U.S.C. Alejandro provides an unrestrained narrative discussion of various events and circumstances, prompted by periodic questions and all simultaneously recorded in an office on CPU's. The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. The murder and conspiracy offenses, above described, survive the Respondent's challenge. [2] The warrant was issued on a Complaint charging Respondent with carrying a firearm exclusively reserved for the military in violation of Articles 160 and 162, paragraph 3, Criminal Code for the Federal District. Extradition of Kraiselburd, 786 F.2d 1395, 1399 (9th Cir.1986). The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. Tijuana Cartel Escalates Violence Along Border You already receive all suggested Justia Opinion Summary Newsletters. (2) A Preparatory Statement of October 13, 1996, at 7:50 p.m. made before the First District Judge of Federal Criminal Proceedings in the State of Mexico, at the Federal Center for Social Rehabilitation Number 1, in Judicial Proceedings Courtroom Number One. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). The Court is not limited in its receipt of this evidence by virtue of the lack of certification. 777 (N.D.Cal.1985). Magistrate No. The personal notes and translation were offered to corroborate the declaration and the explanatory evidence with regard to Alejandro's testimony. 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. Id. En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales, cuando an existan. In the Matter of Extradition of Contreras,800 F. Supp. The Ninth Circuit recognizes that barring hearsay from extradition hearings would thwart one of the objectives of bilateral extradition treaties by requiring the requesting nation to send its citizens to the extraditing country to confront the accused. 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. 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. According to testimony given to . 1997). 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. The documents were filed by Mexican authorities seeking extradition of two men -- Emilio Valdez Mainero, 32, and Alfredo Hodayan Palacios, 25 -- alleged to be hit men for the Arellano Felix brothers. United States v. Valdez-Mainero | CASE NO. 97cr1798 JM - Casemine These issues were analyzed under that premise. emilio valdez mainerospiral pattern printing in c. phillies front office salaries Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. Valdez "hires young assassins who belong to Tijuana's upper class," according to the statement by Francisco Molina Ruiz, commissioner of Mexico's National Institute for the Combat of . The indicia of reliability is in favor of the formal statements given to the Mexican authorities by Soto and Cruz and not their in court "recantations." Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. 1136 (1916); McNamara v. Henkel,226 U.S. 520, 33 S. Ct. 146, 57 L. Ed. Narcos Mxico 3: Ellos son los verdaderos "narcojuniors" en los que "Chef" ("Soto") In his September 27, 1996 declaration before an agent of the Mexican Federal Public Prosecutor, Soto recalled an incident in which Valdez, Ramon Arellano Felix and other members of his organization met at a house rented by Valdez in Mexico City. [22] The individuals related to this case are often referred to in the evidence by nicknames. Specifically, Respondent submits that the Treaty is invalid because the use of torture in Mexico in obtaining evidence, including the evidence in this matter, is contrary to the law of the United States. Soto extensively describes other, numerous criminal activities of the AFO. There is no evidence to suggest that the United States no longer honors the treaty or that its purpose and intent are no longer served. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. As a society we cannot suspend that concept by virtue of the interest of a foreign nation in the extradition of an United States citizen, the heinous nature of the offense notwithstanding. While 3188 requires the United States to deliver a person committed for extradition to a foreign government within two months, that provision has no application to the proceedings in this case, at this stage, as commitment does not occur prior to the certification of the Respondent's extraditability by the Court. In fact, it is the United States, on behalf of the Republic of Mexico, that is the moving party in this proceeding, pursuant to the subject Treaty. Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. Everardo Pez, also known as "El Kitty", was not a person of money, but under the tutelage of Ramn Arellano Flix, he dedicated himself, together with the narco juniors, to cross drugs into the United States without raising suspicions due to his economic status. Finally, the United States submits evidence in the form of statements attributed to Respondent related to the disappearance and murder of Alejandro by the AFO and the organizations efforts to effect a recantation of Alejandro's November 30, 1996 deposition. Ejecutivo Mercantil Autr. Peter Lupsha, an expert on drug trafficking and former professor at University of New Mexico, said this case suggests that a corrupt Mexican government thwarted previous drug investigations. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. November 4, 1997. Finally, Respondent filed FINDINGS OF MEXICAN LAW EXPERT RODOLFO GASTELUM PEREZ RE: ABSENCE OF PROBABLE CAUSE; SYNOPSIS; AND CURRICULUM VITAE which asserted procedural, substantive and constitutional infirmities under Mexican law in the extradition request and in the arrest warrant. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. 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. Valdez told Contreras, "Wait for me here and when you see us leave the parking lot in the white Volkswagen, make a wall so that we won't be followed". The evidence tying Valdez to the murder of Gallardo and Sanchez itself, given the numbers of other individuals involved, supports the criminal association charge. Specifically, Respondent sought "all witness statements submitted in General Gutierrez Rebollo's case to determine whether or not there is additional relevant testimony." Respondent also asserts that not only have the governing administrations changed in Mexico and the United States since the 1978 signing of the Treaty, but the purpose and intent of the parties is materially different from what it was at the time the Treaty was signed. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. In re Petition of France for Extradition of Sauvage,819 F. Supp. 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. 1462, 1464 (S.D.Tex.1992). Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. In fact, in the statement to the district judge on October 2, 1996, Mr. Soto indicates that he has no physical defects. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. No case authority is offered on this issue. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. Quines son los narcojuniors en los que est basada la historia . The signs of injury included 16 irregularly circular scars, 17 circular scars and 3 small scars on the chest as well as a hematoma to the upper base of the nose and a circular bruise on the right chin. Treaties, by design, live well beyond the administration involved in their enactment. In that statement, Cruz was noted to have suffered multiple burns which were attributed to an incident several days before when he was inspecting the exhaust pipe of a vehicle. Concerning the murder and firearms charge, it is alleged that on April 9, 1996, at approximately 9:30 p.m., in the restaurant at the Holiday Inn in Toluca, Mexico, Jesus Gallardo Vigil, aka "El Bebe", (hereinafter "Gallardo"), and Jesus Sanchez Angulo (hereinafter "Sanchez") were shot and killed by Respondent and Fabian Martinez Gonzalez, aka "Tiburon", (hereinafter "Martinez"). Respondent also argues that Alejandro was abducted in the Spring of 1997 by representatives of Mexico which corroborates Mexico's alleged use of inappropriate force and means to secure evidence in this case. 956 (1922), In re Locatelli,468 F. Supp. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. 563, 572 *1219 (S.D.N.Y. Valdez moved the Court for release under the special circumstances doctrine. [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. SAN DIEGO (AP) _ Ernesto Ibarra Santes, the federal police commander in Tijuana, Mexico, fearlessly vowed to topple a vicious drug organization that controls the busiest cocaine corridor into the United States. ), affirmed as modified, 478 F.2d 894 (2d Cir.1973) the court stated in part: The magistrate judge conducting the extradition proceeding has wide latitude in admitting evidence. The statement is a summary of what Alejandro described to his family and includes information related to meeting General Gutierrez Rebollo as well as contact with DEA and FBI agents who pressured him to sign a confession in exchange for removal from Mexico and protection thereafter. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. *1226 In the final analysis, the Ruiz declaration is inadmissible given the lack of authenticity, certification or reliability and does little to support the recantations of Soto and Cruz. 3184, et seq., in order to extradite the Respondent, the United States, on behalf of the Republic of Mexico, must establish that: (1) The judicial officer is authorized to conduct extradition proceedings; (2) The court has jurisdiction over the respondent; (3) The applicable treaty is in full force and effect; (4) The crimes for which surrender is sought are included within the terms of the treaty; and. MAINERO v. GREGG (1999) | FindLaw 124 F.3d 1186, 1997 WL 624797 (9th Cir.). [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. Cruz declared that in April 1996, he received a message from Martinez instructing him to meet at the Glorieta del Angel at 6:00 p.m. At that location, Cruz met with Valdez, Martinez and Contreras. Emilio Valdez Mainero seemed an appropriately upper-tier husband, but he too allegedly found employment in the Arellano Felix organization, recruiting 'young assassins who belong to Tijuana's . Recanting statements are relevant in these proceedings as they affect probable cause. Todo lo que debes saber sobre los narcojuniors de "Narcos Mxico Matter of Extradition of Mainero, 950 F. Supp. 290 (S.D. Cal. 1996) 2d 476 (1968), is also unpersuasive in this regard. Get free access to the complete judgment in MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. In Gallina, commissioner found the appellant subject to the extradition in Italy. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Emilio Valdez Mainero and Alfredo Hodoyan were linked to the Arellano Felix drug organization, which controls the lucrative drug corridor from Baja California into the United States. The Secretary of State makes the ultimate decision on whether to surrender the Respondent. 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. For this reason, Respondent's challenge in this regard is denied. Under United States law, (i.e., California Penal Code 187-199) murder is unlawful and similarly defined. Mexico Wins Extradition of Two Defendants From U.S. for Drug-Killing Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . 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. Fue en una de las celebraciones que conocieron a Emilio Valdez Mainero, el hijo de un coronel que en su momento fue miembro de los guardias presidenciales. [31] See discussion at page 1213, line ___, et seq. The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. Negocia "El Caballo" inmunidad con EU - Periodico El Vigia In Matter of Extradition of Lui Kin-Hong,939 F. Supp. As to item 7, the sufficiency of the evidence, Respondent contends that the probable cause element has not been met and, therefore, there is no justification for his apprehension and commitment for extradition to Mexico. Respondent's discovery request in this regard is denied. at 952. Miranda declared that Valdez and Martinez committed the murder of Gallardo. The case against the juniors spilled into U.S. courts after the Sept. 30 arrest of Emilio Valdez Mainero, 32, the baby-faced son of a deceased Tijuana colonel. The case against the implicated juniors spilled into U.S. courts after the Sept. 30 arrest of Emilio Valdez Mainero, 32, the baby-faced son of a deceased army colonel from Tijuana who, his widow . In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. BATTAGLIA, District Judge. [42] The response from Mexico indicates that closed proceedings related to General Rebollo are ongoing in Mexico and that Ruiz is a witness therein. (4) Alejandro Enrique Hodoyan Palacios In his November 30, 1996 deposition, Alejandro not only discussed the murder of Gallardo and Sanchez, but he also discussed other criminal activity involving the AFO and including the activities of Respondent Valdez. In contesting the accuracy of the statement of the federal prosecutor, he "rejects" the alias described to him, the reported rank in the infantry, and claims that he does not belong to the Presidential General staff but to the Presidential Guards Corps. Los narcojuniors reales de Tijuana. Homicide is an extraditable offense under Article 2(1) and Appendix Part 1 of the treaty. Collins v. Loisel,259 U.S. 309, 317, 42 S. Ct. 469, 66 L. Ed. In the statement to the judge, with the assistance of counsel, Cruz was asked by the Court if he desired to make a statement concerning the facts that are attributed to him in the subject statement. ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. "Lobo" Hodoyn obtiene libertad - Semanario ZETA [29] Respondents request for discovery of all evidence of discussions with Alejandro Hodoyan is denied on the basis of the authority set forth in footnote 26, except to the extent that this information was produced in response to the Court's order of September 11, 1997 (see footnote 6). [16] Further, it is not the responsibility of this Court to assess the probability that the requesting party will be able to secure a conviction. 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. The . Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . In the Matter of the EXTRADITION OF Emilio Valdez MAINERO.