44). Respondent's request for discovery is denied. 13, 22 (D.Mass.1989). Id. The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. Soto's testimony is based upon his acquaintance with the individuals referenced in the statement, and his role as a cook residing at various times with these individuals. 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. The 33-year-old Mexican . EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 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. Respondent also cites Title 18 U.S.C. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. The court has jurisdiction over the Respondents if they are before the court. emilio valdez mainerospiral pattern printing in c. phillies front office salaries 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . 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. On September 30, 1996, the United States Attorney's Office for the Southern District of 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"). In Shapiro v. Ferrandina,355 F. Supp. Alfredo Miguel Hodoyn Palacios, (a) "Lobo" u "88" , fue detenido el 30 de septiembre de 1996, en San Diego California. 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 . Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. 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 . (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. The credible evidence, satisfies Mexico's burden in this respect[44]. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). It is also alleged that Respondent was in charge of cocaine and marijuana shipments for the AFO and as a leading member of the organization, was responsible for assigning code names to the other members. As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. [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. 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. Finally, he contests the date of arrest. View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. This assertion relates specifically to the supplemental filing of evidence regarding the first degree murder charge on January 14, 1997 and the weapons charge related to the events and circumstances of April 9, 1996. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. 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. Support for its origin is suggested from a New York Times article[40]. EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. Miranda was granted "use immunity" for giving the statement. 5.1 is without authority and is unavailable in any event under prevailing authority. In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. 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. 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. 577 (1901). The statements of three admitted members of the organization are contained in extradition papers for Emilio Valdez Mainero, an alleged Arellano henchman arrested in the United States. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. 33. Otro de los reclutados fue Alfredo Hodoyan Palacios, quien era hijo de un empresario prominente en Tijuana. The power to make treaties is constitutionally invested in the executive branch of the United States government. If reliable, the recantations and the Ruiz statement would be evidence which would undermine the voluntariness of the statements offered by Mexico in their case in chief, and as a result, the evidence in support of probable cause for extradition. It was not until October 2, 1996 that Soto described the alleged torture to the judge in Mexico. 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. *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. 3190. Columna. The Ruiz statement presents conflict with regard to dates of the arrest of some of Mexico's witnesses and is asserted to corroborate the use of torture in this case as well as create conflicts in Mexico's evidence in challenging the reliability of the evidence Mexico relies upon in this proceeding. The March 3, 1997 date is taken from the first line of the document. Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. 3184, et seq. Under Article 10 of the Treaty, the request for extradition is required to contain the description of the offense for which extradition is requested and shall be accompanied by: (1) A statement of the facts of the case; (2) The text of the legal provisions describing the essential elements of the offense; (3) The text of the legal provisions describing the punishment for the offense; (4) The text of the legal provisions relating to the time limit on the prosecution of the offense; and. Valdez also faces charges of arranging the sale of a kilogram of heroin to a fellow inmate through friends outside prison. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. The evidence tying Valdez to the murder of Gallardo and Sanchez itself, given the numbers of other individuals involved, supports the criminal association charge. 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. En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue . In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". de Sicor 1 Acdo. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. Print material from AMNESTY INTERNATIONAL has also been filed. By Molly Moore. I Background. 526/2019. 448 (1901). This is part of the framework created by case law in these proceedings. Elias v. Ramirez,215 U.S. 398, 30 S. Ct. 131, 54 L. Ed. No applicable authority was presented on this point and prevailing authority as set forth herein supports this ruling. On July 29, 1997, Respondent filed a Motion to Reopen Evidence in this matter. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. Soto also explains the details of the alleged abuse visited upon him. 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. Miranda's statement was given to an officer of this Court. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. 568 (S.D.N.Y.1979). Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. 253 (1910); Rice v. Ames,180 U.S. 371, 21 S. Ct. 406, 45 L. Ed. [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. The extradition proceeding is not a criminal trial nor is Respondent entitled to the rights available in a criminal trial at common law. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. (3) Fausto Soto Miller. 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. Barrett v. United States, 590 F.2d 624 (6th Cir. Case Number: 97CR2149 JM (S.D. 1978). While obviously nervous as he recounts the AFO's activities, there are no signs of physical abuse or manifestations consistent with psychological pressure or duress. Background. 1 Since there is no right of appeal from extradition orders, Valdez and Hodoyan filed petitions for writs of habeas corpus in . 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. Miranda stated that the murder took place the first part of April 1996, at the Holiday Inn in Toluca. 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"). Buscar. 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. "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. 50). 1971), cert. But the deal fell apart when the other inmate couldn't pay the promised . 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). Por Investigaciones ZETA. In the supplemental request for extradition filed in January, 1997, the facts supporting the firearms offense were related to the first degree murder of Mr. Gallardo and Mr. Sanchez alleged to have occurred on or about April 9, 1996. January 1997: Hodin Gutierrez Rico, a . 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. Court documents say the threat against assistant U.S. Atty. [45] The physical injuries to Cruz are certainly suspicious in this regard. Article 11, Paragraph 3, provides that the provisional arrest "shall be terminated" if the United States does not receive the formal request for extradition and the necessary documents specified in Article 10 within 60 days after the detainee's apprehension. 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. Ramn, "el Mon", organizaba las fiestas para localizar a sus objetivos y en una de ellas conocieron a Emilio Valdez Mainero, hijo de un coronel miembro de la Guardia Presidencial en la poca. Valdez _ the godfather of one of the Arellanos children _ was arrested in September in Coronado, Calif. An extradition hearing began Thursday for Valdez and another man. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. It was at one of the celebrations that they met Emilio Valdez Mainero, the son of a colonel who was once a member of the presidential guards.Later they contacted Alfredo Hodoyan Palacios, who was the son of a wealthy businessman from the city.Alfredo had been born and studied in USA, so it was easier for the drug to pass through the border without generating suspicion. Pursuant to an extradition treaty between Mexico and the United States, Treaty 31 UST 5059, TIAS 9656 ("Treaty"), and under federal laws supplementing and implementing such treaties, 18 U.S.C. 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. 2d 496 (1990). (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. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". 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. Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. November 4, 1997. Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. The personal notes and translation were offered to corroborate the declaration and the explanatory evidence with regard to Alejandro's testimony. 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. 00:15. 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. Respondent's discovery request in this regard is denied. ), 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. [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. *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. The court denied the writ. 30), he requests discovery regarding the statement by Miranda. Mr. Soto also provides a physical description of Respondent. ("Cruz") In his October 12, 1996 statement, Cruz declared before an agent of the Mexican Federal Public Prosecutor that Valdez, Martinez and, Fabian Partiday, aka "Domingo," described to him crimes that they had committed, the firearms they used to commit the crimes, and the numerous cities in Mexico, in which they had committed crimes in furtherance of the goals of the AFO. There, Valdez told the group, "`The Baby' paid me off. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. 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. Alejandro's statement, at page 13, implicates Respondent[47] in the murder. Valdez was ordered detained following arraignment. 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. 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. In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. 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. 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. Republic of France v. Moghadam,617 F. Supp. 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.]" denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. 28). Mr. Vasquez states that the individuals acted suspiciously and carried long and short range firearms. 40). 1462, 1464 (S.D.Tex. In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. 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. 1997). 934 (D.Mass.1996). Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. No charges have been filed against Anaya, and he denies the allegations. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. Miranda also identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74. When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. California. 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. 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. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. 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. Mar. 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. 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]. The Department of States's opinion is entitled to deference. Date published: Mar 20, 2013. 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. It is argued that Vasquez suffered similar mistreatment at the hands of the Mexican authorities and had recanted the statement attributed to him in Mexico's case in chief. The certificate is forwarded to the Department of State. The contours of the extradition proceeding were shaped by the Treaty and statute. This element was not challenged by the Respondent. The Court finds that the videotapes do show a cooperating witness. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. In the Matter of the Extradition of Contreras,800 F. Supp. 000012 dated January 3, *1213 1997. Whitepages people search is the most trusted directory. Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). These issues were analyzed under that premise. 3190. 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. These statements are also corroborated in significant part by Alejandro's declaration. 18 U.S.C. at 952. 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. October 21, 1996. Valdez and Martinez then fled the Holiday Inn in the white Volkswagen. 20, 2013) From Casetext: Smarter Legal Research. 442 (S.D.Cal.1990). "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. [22] The individuals related to this case are often referred to in the evidence by nicknames. Based on the above evidence, this Court finds that there is probable cause to believe that Valdez committed the crime of criminal conspiracy as alleged in the extradition request. "The rationale is that such matters are to be determined solely by the executive branch." The authority of a magistrate judge to conduct the proceedings is provided by 18 U.S.C. When he appeared in court, the judge also noted, on the record, residual signs of physical injury. Quines son los narcojuniors en los que est basada la historia . The long list of challenges to the probable cause finding in Mexico and the other alleged infirmities are not fully set forth herein as the Court finds the opinions of Attorney Gastelum are irrelevant to these proceedings. 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. 834 F.2d 1444, 1453. In Gallina, commissioner found the appellant subject to the extradition in Italy. 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. [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. 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.. 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. En una de las fiestas conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales, cuando existan. Soto acknowledges having signed the statement as well as affixing his fingerprints. 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. 12). October 21, 1996. 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.