Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. [6] See ORDER DENYING RESPONDENT'S MOTION TO REOPEN EVIDENCE AND DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 11, 1997 (Docket No. The evidence tying Valdez to the murder of Gallardo and Sanchez itself, given the numbers of other individuals involved, supports the criminal association charge. The videotapes clearly demonstrate Alejandro's demeanor. [31] See discussion at page 1213, line ___, et seq. Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. The Extradition Hearing was continued on several occasions after the January 14, 1997 filing, with the consent of the parties, to allow for further preparation and response to the evidence. 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. 672, 685 (S.D.N.Y.1978), aff'd, 619 F.2d 167 (2d Cir.1980), citing Collins, supra, 259 U.S. at 316. 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." 1983). [42] The response from Mexico indicates that closed proceedings related to General Rebollo are ongoing in Mexico and that Ruiz is a witness therein. 1103. Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. [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. Mexico Wins Extradition of Two Defendants From U.S. for Drug-Killing aka "Cachuchas" In his September 30, 1996, declaration before an agent of the Mexican Federal Public Prosecutor, Gilberto Vasquez Culebro, aka "Cachuchas", (hereinafter Vasquez), declared that Valdez was a member of the AFO and that, in March, 1995, Valdez was in the company of the other AFO members, including, Eduardo Leon, aka "Abulon", Contreras, and Reyes. Soto also explains the details of the alleged abuse visited upon him. Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. Bingham v. Bradley,241 U.S. 511, 36 S. Ct. 634, 60 L. Ed. *291 Michael Pancer, Law Office of Michael Pancer, San Diego, CA, for Emilio Valdez Mainero. There is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. *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. (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. Respondent's discovery request in this regard is denied. Narcos 3: quines son en la vida real los "narcojuniors - infobae "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. United States v. Taitz, 130 F.R.D. According to testimony given to Mexican authorities, the Arellanos _ led by brothers Benjamin, Ramon, Javier and Francisco _ have been able to coordinate major assassinations with the aid of the attorney general of Baja California, Jose Luis Anaya Bautista. Nobody threatens my brother because the moron who does it, dies."[12]. [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. Los narcojuniors reales de la serie 'Narcos Mxico 3' [29] Clearly, Alejandro's testimony is based upon his personal knowledge derived from his acquaintance with Respondent and the other individuals named and his discussion and observations in their presence. BATTAGLIA, United States Magistrate Judge. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, p. 55, lines 17, et seq., Docket No. (2) Gustavo Miranda Santacruz. 290 (S.D.Cal.1996). 896 (S.D.Cal.1993). The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. 24). Miranda added that the motivation for assassination was that Gallardo had threatened Gabriel Valdez Mainero (Emilio Valdez Mainero's brother) with a firearm.[26]. There is no evidence, however, in this regard. 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. These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. 834 F.2d 1444, 1453. The certified documents submitted by Mexico, including the statements of Cruz, Miranda, Soto, Vasquez and Alejandro are admitted into evidence in accordance with Article 10(6) of the subject Treaty and 18 U.S.C. Alfredo Miguel Hodoyn Palacios, (a) "Lobo" u "88" , fue detenido el 30 de septiembre de 1996, en San Diego California. Alejandro, who is the brother of extraditee Alfredo Miguel hodoyan Palacios aka "Lobo",[28] stated that his brother told him that Valdez and Martinez had participated in the murder of Gallardo at the Holiday Inn Hotel in Toluca. Mexican officials wanted Valdez, 32, for allegedly gunning down an aspiring boxer over a personal grudge in 1996 at a Holiday Inn in the state of Mexico. 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 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. 253 (1910); Rice v. Ames,180 U.S. 371, 21 S. Ct. 406, 45 L. Ed. According to testimony given to . 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. [30] Respondent's Exhibits H, I and J, respectively, docket No. As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. at 952. 3190. Mexico), they could have easily added that provision. Through observation and discussion, he became privy to the knowledge set forth. The extradition request and supporting documents are admitted into evidence during the hearing and the post hearing submissions are properly authenticated or otherwise admissible within the discretion of the Court. Mexican Tale: Drugs, Crime, Torture and the U.S. The 33-year-old Mexican . Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. Miranda was granted "use immunity" for giving the statement. MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. 2d 455 (1972). ``When they want to do a job _ when they want to bring down the hammer _ they can do it with brilliance and genius, Lupsha said. 956 (1922). The Court may act upon unsworn statements of absent *1223 witnesses, although they could not have been received by the judge under the law of the state in a preliminary examination. The Republic of Mexico seeks to extradite Valdez to answer the following charges: (1) Carrying a firearm exclusive to the Army, Navy and Air Force on or about April 9, 1996 in violation of Article 83, Section II, in accordance with Article 11, Section (b), of the Federal Law of Mexico on Weapons and Explosives;[10]. 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. 956 (1922), In re Locatelli,468 F. Supp. En 1995, su reinado lleg a su fin. Defense counsel was provided for Mr. Soto for purposes of his testimony. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. The holding in Gallina, however, offers no support for Valdez' claim. QUIERE LIBERTAD, DEBE VIDAS - Semanario ZETA 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 Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996. 39); and, SUPPLEMENTAL ORDER DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 12, 1997 (Docket No. In the Matter of Extradition of Contreras,800 F. Supp. The environment where the deposition was taken is not suggestive of any coercive circumstances. emilio valdez mainerospiral pattern printing in c. phillies front office salaries 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. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. [15] The Treaty, in Article 11, and 18 U.S.C. 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". 5.1 is without authority and is unavailable in any event under prevailing authority. The Second Circuit affirmed the denial of the habeas corpus petition. This element was not challenged by the Respondent. Miranda declared that Valdez and Martinez committed the murder of Gallardo. Kitty Pez, el narco real que interpreta Bad Bunny en 'Narcos Mxico Tras 20 aos en prisn "El Lobo" Hodoyn del Crtel Arellano Flix Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. By Molly Moore. Neely v. Henkel, supra. BATTAGLIA, United States Magistrate Judge. Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). [9] See ORDER DIRECTING THE FILING OF ADDITIONAL EVIDENCE filed October 23, 1997 (Docket No. A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. Matter of Extradition of Mainero, 950 F. Supp. 290 (S.D. Cal. 1996) The court, for reasons explained below, grants the petition, finding the detainee extraditable. As earlier stated, the circumstances of Alejandro's testimony are not suggestive of torture, coercion or duress. The United States has filed videotapes of Alejandro's November 30, 1996 deposition. 611 (S.D.N.Y.1985). In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. 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. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. 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. The entire record supports the finding that probable cause exists with regard to homicide charges. 30), he requests discovery regarding the statement by Miranda. 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. 934 (D.Mass.1996). [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. In Emami v. United States, 834 F.2d 1444 (9th Cir.1987), Emami contended that Germany had presented no competent evidence upon which the district court could make a finding of extraditability because Germany relied on facts which prosecutor Keller related in his affidavit which consisted solely of inadmissible hearsay statements made by Emami's former patients and employees. The principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. 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. Furthermore, the sworn witness statements in the instant case are the type of evidence contemplated by the Treaty to avoid the need for the requesting country to send its witnesses to the requested country to testify at the extradition hearing. 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 . Magistrate No. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. R.Crim.P. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. 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. 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. [38] These are the same statements offered in this matter to support the request for extradition. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. Ultimately, the United States sought to stay the proceedings for an additional ninety (90) day period. 1978). Quines son en la vida real los narcojuniors de la serie Narcos 3? Seeing no one in pursuit, Cruz followed the white Volkswagen in the navy blue Cutlass. Matter of Extradition of Mainero :: California Southern District Court Emilio Valdez - Lake Ridge Chapel & Memorial Designers 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. 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 . He declared that, in May, 1992, Ramon Arellano-Felix and Valdez killed rival drug traffickers, the Olmos brothers, and that Valdez told him and other members of the AFO that Valdez would pay $150,000 to them if they took the blame for the Olmos murders. [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. The filing of certified documents permitted Mexico to go forward with the extradition proceeding under the Treaty. In fact, in the statement to the district judge on October 2, 1996, Mr. Soto indicates that he has no physical defects. 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. ``Take out your AK-47, and you are going to (expletive) him right now.. Specifically, the tape of the interview with Miranda, all notes and interview sheets, and documentation concerning Assistant United States Attorney Curiel's agency on behalf of Mexico. The statements attributed to Respondent Valdez from the wiretape surveillance,[35] result in a finding that Alejandro's March 3, 1997 declaration and personal notes were contrived and are unreliable. The testimony of Miranda, taken by Assistant United States Attorney Curiel, corroborates the substance of the evidence collected at the *1228 scene and statements by non-involved witnesses. [45] The physical injuries to Cruz are certainly suspicious in this regard. It is further argued that there is a strong motivation on behalf of the Hodoyan family to help Respondent and this would give rise to questions with regard to the trustworthiness of the document. 0. 23. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. Mexican Tale: Drugs, Crime, Torture and the U.S. E. Alejandro Enrique Hodoyan Palacios On November 30, 1996, Alejandro Enrique Hodoyan Palacios (hereinafter "Alejandro") gave a deposition at the office of the Attorney General of the United States of Mexico. No mention of torture or physical abuse is made. Ejecutivo Mercantil Autr. Where a prior statement is shown to be coerced and the indicia of reliability is on the recantation, then the subsequent statement negating the existence of probable cause is germane in an extradition proceeding. The essential question is whether the indicia of reliability is on the recantation or the initial statement. It was not until October 2, 1996 that Soto described the alleged torture to the judge in Mexico. The request for a provisional arrest is based, in significant part, upon the existence of a warrant for the fugitive's arrest issued in the district of the authority making the request and charging the fugitive with a commission of crime for which his extradition is sought to be obtained. United States District Court, S.D. 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. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. The cohorts also said the Arellanos had on their payroll Mexican immigration agents who waved cocaine shipments across the border. Los narcojuniors . The physical description of Emilio Valdez Mainero, "El C.P." or "Cabeza de Perro," is the following: 30 years old, 1.77 or 1.76 meters, heavy build, white skin, short straight hair which . [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. [19]Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. Respondent does not dispute that the Treaty requirements have been met with regard to these items with three exceptions. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. The . [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. 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. Extradition case gives look at vicious cocaine group 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. Opinion for Matter of Extradition of Mainero, 950 F. Supp. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . Appellant then filed a writ of habeas corpus with the district court. Emilio Ricardo Valdez Mainero Exp: 526/2019 - PoderJudicialVirtual.com Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. The contours of the extradition proceeding were shaped by the Treaty and statute. QUIERE LIBERTAD, DEBE VIDAS. 3184, et seq. denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. 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. The contours do not lend themselves, nor invite the type of inquiry required to evaluate the humanitarian concerns of the magnitude suggested by Respondent. Narcos 3: who are the "narco juniors" of the new season in real life The proper authority for the political decision here is, of course, the Secretary of State.
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