[27] Soto actually made a series of statements relative to this matter. The precedent of the long line of cases discussed above, supports the proposition that the consideration of a "humanitarian exception" should be left to the Department of State where it rightly belongs. 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. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . [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". In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. 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. But the deal fell apart when the other inmate couldn't pay the promised . [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. Judge Attacked By Trump Has Long History of Serving His Country A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. [2] An analysis under Parretti v. United States, 112 F.3d 1363 (9th Cir.1997) decided May 6, 1997 and amended August 29, 1997, well after the issuance of the provisional arrest warrant in this case, is unnecessary given the timely filing of the certified documents. Tijuana Scions of Privilege Alleged to Be Drug Hit Men Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. Respondent urges that this Court decline extradition based upon a "humanitarian exception" in that he is likely to be tortured based upon his alleged relationship to the Arellano-Felix brothers. An extradition hearing is not a criminal proceeding and the person whose return is sought is not entitled to the rights available in a criminal trial at common law. Narcojuniors, la pandilla real de "nios ricos" que se involucr en el When he appeared in court, the judge also noted, on the record, residual signs of physical injury. The Treaty between the United States and Mexico calls for probable cause to be measured by the standards established in the requesting country. 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. 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. BATTAGLIA, District Judge. Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. [19]Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. [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. *1225 Seargent Ruiz' statement appears to confirm Soto's statement that he was arrested prior to the September 27, 1996 date set forth in the statements made to the Mexican authorities. [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. Narcos 3: quines son en la vida real los "narcojuniors - infobae Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. 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". One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. 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. Tambin as reclutaron a Alfredo Hodoyan Palacios, hijo de un empresario de Tijuana, quien comenz a pasar droga sin levantar sospechas pues era . Matter of Extradition of Mainero :: California Southern District Court Anecdotes from the AFO (Ramon and Benjamin). I may have the - reddit En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue . Case against mother, sons charged in Emilio Valdez murder case advances Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. The March 3, 1997 date is taken from the first line of the document. (2) Gustavo Miranda Santacruz. Emilio Valdez passed away Saturday, August 31, 2019. Specifically, the Court ordered the United States to file copies of videotapes of Alejandro Hodoyan's deposition; evidence including Respondent's statements regarding the circumstances surrounding the 1997 abduction of Alejandro Hodoyan and the genesis of the March 3, 1997 declaration by Alejandro Hodoyan;[5] and, all statements, recordings, transcriptions and memoranda of interviews by the assistant U.S. Attorney and federal agents of Alejandro Hodoyan. Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). [38] These are the same statements offered in this matter to support the request for extradition. By Molly Moore. BATTAGLIA, United States Magistrate Judge. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. Background. Todo lo que debes saber sobre los narcojuniors de "Narcos Mxico Finally, he contests the date of arrest. [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). 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. (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. Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980). 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 . 3190. Emilio Valdez Mainero (Valdez) and Alfredo Hodoyan Palacios (Hodoyan) were certified as extraditable to Mexico on charges of murder and criminal association with the Arellano Felix drug trafficking organization (AFO). EMILIO VALDEZ MAINERO | DataJuridica.com Miranda declared that Valdez and Martinez committed the murder of Gallardo. The interviews of Alejandro in the United States confirm the uncoerced willingness of Alejandro to provide testimony concerning the criminal activities of the AFO and Respondent's role therein. No case authority is offered in this regard. En 1995, su reinado lleg a su fin. The Ninth Circuit held that "[t]his contention lacks merit because under general extradition of the United States and under the provisions of Treaty, the hearsay statements Keller summarized in his affidavit are competent evidence." 2d 455 (1972). 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. Valdez shot and killed Gallardo as well as Sanchez who happened to be in the corridor at the time of Gallardo's murder. QUIERE LIBERTAD, DEBE VIDAS. The . See footnote 25. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. denied, 454 U.S. 894, 102 S. Ct. 390, 70 L. Ed. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. emilio valdez mainero - polucon.com The Court concludes that each of the crimes for which extradition is requested by Mexico are among those specified in the Treaty but that only Criminal Association and First Degree Murder are analogous to United States law. The contours of the extradition proceeding were shaped by the Treaty and statute. Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. Los narcojuniors . United States v. Valdez-Mainero. 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. 2d 496 (1990). Explanatory evidence is allowed only if the evidence would, clearly, negate a showing of probable cause. He later was charged with several murders, including Ibarras. 0. Narcos Mxico 3: de Kitty Pez a los Arellano Flix - infobae (3) Fausto Soto Miller. Cruz also said he transported weapons used in Ibarras slaying. 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. *1220 At approximately 9:30 p.m., Cruz, who was about twenty meters away from the entrance of the Holiday Inn heard several firearms shots. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. 54(b) (5). The scope of this proceeding is narrow and is limited to the existence of probable cause and the evidence, received by virtue of the Treaty provisions and applicable law. [37] These statements were taken in open Court, at the time that Cruz and Soto were arraigned on charges filed against them by the Republic of Mexico and based upon the statements given to the public prosecutor. The Court denied the motion.[3]. 2d 74 (1960), as the case that establishes the possibility of a "humanitarian exception" based on the "federal court's sense of decency." Buscar. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. 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. This document is submitted to be from the files in the prosecution of General Gutierrez Rebollo, by the Republic of Mexico, in Mexico. In the Matter of the Extradition of Contreras,800 F. Supp. 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. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. [25] Miranda testified based upon his acquaintance with the individuals described in his statement, his personal presence at various of the events and circumstances described and conversations with the involved individuals. [4] As presented, the documentary evidence in this regard appears to supplement, not supersede, the previous filings of certified documents in support of the request for extradition. Matter of Extradition of Mainero, 990 F. Supp. 1208 - CourtListener These statements are also corroborated in significant part by Alejandro's declaration. 3188 for a similar proposition. I Background [25] While there is no corroborating evidence outside of this declaration itself, that Mr. Curiel was in fact an agent of Mexico under the mutual legal assistance treaty, nor was a copy of that treaty provided, this evidence is received over respondents objection and pursuant to Article 10(6) of the Treaty and 18 U.S.C. El Lobo was captured in the United States together with Emilio Valdez Mainero "El Radioloco", they were extradited to Mexico in January of 1998 and also sent to Altiplano at Almoloya de Juarez. The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. Respondent's roles and activities in these regards is specifically referenced. The United States, in fact, complied with Article 11, Paragraph 3, by its initial filing of diplomatic note 001831, on November 25, 1996 with the U.S. Embassy in Mexico. Again, no more precise recantation of the specific events exists. at 1450-1451. Mexico Wins Extradition of Two Defendants From U.S. for Drug-Killing 28). Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. 442 (S.D.Cal.1990). Tambin se encontraban en este grupo Emilio Valdez Mainero, hijo de un guardia presidencial, Alfredo Hodoyan Palacios, Eduardo Len, los hermanos Endir y Henain Meza Castaos, Gustavo Miranda Santa Cruz y Fabin Martnez. California. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. 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. But federal prosecutors said that the information is valuable for this case and others, and that the mens credibility is proved by the way their stories fit together. Support for the reliability of Soto's "recantation" (and by inference the other recantations) is offered by Respondent in an unsigned and uncertified declaration of First Seargent Vicente Ruiz Martinez, submitted on June 30, 1997 at the extradition hearing. Tijuana Cartel Escalates Violence Along Border The videotapes clearly demonstrate Alejandro's demeanor. The Ruiz statement also describes the "detention" of Alejandro and Francisco Cabrera Castro, aka "Piedras". [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. Caso Blancornelas - activoforo.com 39); and, SUPPLEMENTAL ORDER DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 12, 1997 (Docket No. at 952. ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. 1992); Fed.R.Evid. Connect with the definitive source for global and local news. The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. United States v. Valdez-Mainero - casetext.com Emilio Valdez - Phone, Address, Background info | Whitepages EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . (2) Criminal Association between 1994 and September 14, 1996 in violation of Article 164, Paragraph 1 in accordance with Article 13, Section II, of the Penal Code for the Federal District;[11] and. "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. LOS NARCOJUNIORS. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. Through observation and discussion, he became privy to the knowledge set forth. DRUG GANG'S LONG ARM GRIPS MEXICO - The Washington Post Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Mexico), they could have easily added that provision. In the proceeding before this Court, the Republic of Mexico (hereafter Mexico), through the United States government, seeks the extradition of United States citizen, EMILIO VALDEZ MAINERO, alleged to have committed crimes in Mexico. Emilio Ricardo Valds Mainero, (a) "Len" o "Ricardo Gonzlez Len", detenido el 30 de septiembre de 1996, en San Diego, California, por posesin ilegal de armas y de estupefacientes. October 21, 1996. Neely v. Henkel, supra. 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. Respondent's role is alleged to have included, among other things, the planning and carrying out of assassinations of people perceived to be enemies of the AFO, including rival drug traffickers and law enforcement officials. Threats at the time were taken seriously, especially given the high profile murders of Tijuana's police chief in February 2000, followed shortly by the murder of Jose Patio . Evidence that conflicts with that submitted on behalf of the demanding party is not permitted, nor is impeachment of the credibility of the demanding country's witnesses. *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". 96-1798-M. United States District Court, S.D. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. Respondent's request for discovery is denied. 777 (N.D.Cal.1985). Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). The certified documents included diplomatic note 001831 dated November 25, 1996 from the Embassy of Mexico formally requesting the extradition of Respondent on the firearms and conspiracy charges. The power to make treaties is constitutionally invested in the executive branch of the United States government. 448 (1901). The two cars stopped in the village of San Mateo Atenco. 00:15. The charge related to the 1994 event has been abandoned. 896 (S.D.Cal.1993). On September 30, 1996, the United States Attorney's Office for the Southern District of *292 California, acting on behalf of the Republic of Mexico, presented to the Honorable Anthony Battaglia, United States Magistrate Judge, a complaint and a formal extradition request for Emilio Valdez Mainero (hereinafter "Valdez" or "Extraditee"). When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. 1 Since there is no right of appeal from extradition orders, Valdez and Hodoyan filed petitions for writs of habeas corpus in . [31] See discussion at page 1213, line ___, et seq. (7) Evidence which, in accordance with the laws of the requested party, would justify the apprehension and commitment for the trial of the person sought if the offense had been committed there, (i.e., probable cause). The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. 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). November 4, 1997. Informacin de El Universal. [13] The documents themselves do not have to filed in court by the 60 day period, only received by the United States. Valdezs attorney said some of the statements were extracted under torture. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. 20, 2013) From Casetext: Smarter Legal Research. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 970 (1925); the probable cause is sustained if competent evidence to establish reasonable grounds is presented, not necessarily evidence competent to convict. Based on case authorities Respondent's Motion in this regard is denied. Challenges to the testimony of Cruz, Soto, Vasquez, Miranda and Alejandro based upon the argument that they are conclusory, unreliable hearsay, and unreliable as presented by alleged codefendants or co-conspirators are rejected. [32] Respondent also argues that the statements of Francisco Cabrera Castro and Edgar Alejandro Gonzalez Gonzalez offered by Mexico were also "extracted" by torture. *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. [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. El recordado criminal perteneca a los Narcojuniors, una clula del crtel de Tijuana que sale a relucir en la nueva temporada de la serie de Netflix. After receipt of the diplomatic note, Respondent was then held under the formal request for extradition and not the provisional arrest which had initiated the case. Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. Mr. Valdez was referred to as "El Cabezon", "C.P. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). 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. Soto extensively describes other, numerous criminal activities of the AFO. "The Secretary of State has sole discretion to refuse extradition on humanitarian grounds because of the procedures or treatment that await the surrendered fugitive." No precise authority is offered in regard to this premise. Covid-19 Mxico: Suman 218 mil 173 muertes y 1 milln 879 mil 713 personas se han recuperado | Cifras El director general de Epidemiologa, Jos Luis Aloma Zegarra, inform que se registran 21 mil 224 casos activos en el pas; se han aplicado 19 millones 951 mil 121 dosis aplicadas.. Mexican law defines murder (or homicide) as taking the life of another (Article 302). The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. Specifically, their testimony is summarized as follows: A. Gerardo Cruz Pacheco, aka "Capitan," On October 12, 1996 at 1:00 p.m.,[23] Gerardo Cruz Pacheco, aka "Capitan," (hereinafter "Cruz"), made a signed statement before Alma Leticia Lares Tenorio, an agent of the Mexican Federal Public Prosecutor. *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. NARCOTRAFICO: DETENCIONES DE 1RA GENERACION DEL CAF - Blogger Article 11, itself, cites that urgency to arrest and detain an individual supports this initial procedure. In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. "El Mon" y "El Kitty" se la pasaban en fiestas, en las que Arellano invitaba a los asistentes, en una conocieron a Emilio Valdez Mainero, hijo de un coronel miembro de los guardias presidenciales de aqul entonces. According to statements filed in federal court in San Diego, Ibarras assassination Sept. 14 was committed by members of the Arellano Felix drug organization and coordinated by the attorney general of Baja California. Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. Argument, inference and innuendo is all that has really been presented here. Cruz admitted his own involvement in the criminal activities of Valdez and the AFO and admitted that he was paid to assist them in killing the enemies of Ramon Arellano-Felix. D. Gilberto Vasquez Culebro, aka "Cachuchas" On September 30, 1996, Gilberto Vasquez Culebro (hereinafter "Vasquez") gave a statement to Jose Luis Juarez Garcia, an agent of the Mexican federal public prosecutor in Mexico City, Mexico. 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. Los narcos asesinan, se ren y despus se van a cenar The limitations of the judicial review at this stage of the proceedings, however, should not be an excuse to admit evidence presented without apparent foundation or any independent indicia of trustworthiness. Cartel May Have Targeted U.S. Prosecutor - Los Angeles Times [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. Ramn y Arturo se la pasaban en fiestas y en una de conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales. A full review of the evidence, however, is the provence of the trial court in the requesting nation. 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. 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. 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. Nobody threatens my brother because the moron who does it, dies."[12]. 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. 3190. [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.