This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. Finally, he contests the date of arrest. R.Crim.P. 970 (1925); the probable cause is sustained if competent evidence to establish reasonable grounds is presented, not necessarily evidence competent to convict. Cruz also said he transported weapons used in Ibarras slaying. Publicado: 5/6/2021 7:10:25 PM. Valdezs attorney said some of the statements were extracted under torture. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. (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. As indicated previously, the extradition hearing is not a trial, nor a criminal proceeding providing respondent with rights available in a criminal trial at common law. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). On the other hand, the formal statements of Soto and Cruz have significant detail concerning the personal background of the witnesses and the specifics of the offenses and related matters. The Federal Rules of Criminal Procedure and the Federal Rules of Evidence are not applicable in extradition proceedings. 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. Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. 1971), cert. 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 power to make treaties is constitutionally invested in the executive branch of the United States government. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. BATTAGLIA, United States Magistrate Judge. mayo 9, 2022. Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. Matter of Extradition of Mainero, No. 96MG1798 (AJB). In the Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996. Extradition of Mainero, Matter of, 950 F. Supp. 290 | Casetext Search The court has jurisdiction over the Respondents if they are before the court. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). These statements are also corroborated in significant part by Alejandro's declaration. 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. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. Id. NARCOTRAFICO: DETENCIONES DE 1RA GENERACION DEL CAF - Blogger (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. 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. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. ("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. The Ninth Circuit has held that self incriminating statements of accomplices are sufficient to establish probable cause in an extradition hearing. Matter of Extradition of Koskotas, 127 F.R.D. A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. The law limits extradition to circumstances where the Treaty is in full force and effect. 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. "Lobo" Hodoyn obtiene libertad - Semanario ZETA [6] The Court also directed the United States to request from Mexico, a signed statement of Seargent Ruiz and evidence of all dates of arrest after September 1, 1996 of witnesses Soto, Alejandro Hodoyan, Francisco Cabrera Castro and Gerardo Cruz Pacheco.[7]. 96-1798-M. United States District Court, S.D. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. We will gather for a memorial service and viewing at 6:00 p.m. Friday, September 6, 2019 followed by a visitation at Lake Ridge Chapel and Memorial Designers. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Respondent's reliance upon Article 11, Paragraph 3, is misplaced. In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. 18 U.S.C. 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. 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. Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. In Bruton, the Supreme Court held that the admission of a co-defendant confession at a joint trial violates the defendants right to confrontation if the confession also incriminates the defendant. 3184. 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". See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. Ultimately, the United States sought to stay the proceedings for an additional ninety (90) day period. The recantations are little more than self-serving declarations at the time of "arraignment" on the charges based upon the statements given to the federal prosecutor. But the deal fell apart when the other inmate couldn't pay the promised . Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. Mr. Vasquez states that the individuals acted suspiciously and carried long and short range firearms. The Court denied the motion.[3]. 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. Mexico also takes the position that the statement is inaccurate and not properly certified or executed. 568 (S.D.N.Y.1979). 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. is indoor ice skating safe during covid; most common super bowl final scores; lynette woodard spouse; reelfoot lake fishing guides; emilio valdez mainero. (5) Gilberto Vasquez Culebro. California. Nobody threatens my brother because the moron who does it, dies."[12]. Conoce a Kitty Paez, el narcojunior al que dio vida Bad Bunny este 2021 En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue . Extradition case gives look at vicious cocaine group Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. The government's request for the stay was denied sustaining Respondent's objection and request to proceed. Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. 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"). 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. 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). 00:15. By Molly Moore. 563, 572 *1219 (S.D.N.Y. He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. The two cars stopped in the village of San Mateo Atenco. Elias v. Ramirez,215 U.S. 398, 30 S. Ct. 131, 54 L. Ed. Explanatory evidence is allowed only if the evidence would, clearly, negate a showing of probable cause. Defendant Emilio Valdez-Mainero, represented by the Federal Defenders of San Diego, Inc., seeks a 73 month reduction in his sentence on the basis of Amendment 782 to the Sentencing Guidelines which revised the Drug Quantity Table in U.S.S.G. Soto recounted another incident in March, 1995, during which he was told by members of the AFO that Valdez and others participated in the assassination of a man named "Endir" who was the cousin of Manolo Rico. Quines son los narcojuniors en los que est basada la historia . In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. [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". Quines eran los narcojuniors reales de Tijuana? Mexican Tale: Drugs, Crime, Torture and the U.S. 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. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. October 21, 1996. In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. Martinez told Cruz that he would receive some money if Cruz would hold the 38 Super and the 9mm guns that they had used to kill Gallardo and Sanchez. [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. [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. 1 Since there is no right of appeal from extradition orders, Valdez and Hodoyan filed petitions for writs of habeas corpus in . In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. 442 (S.D.Cal.1990). 5.1 is denied. Peryea v. United States,782 F. Supp. 2d 74 (1960), as the case that establishes the possibility of a "humanitarian exception" based on the "federal court's sense of decency." Valdez was ordered detained following arraignment. [38] These are the same statements offered in this matter to support the request for extradition. 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. 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. Through observation and discussion, he became privy to the knowledge set forth. (3) Fausto Soto Miller. The Court is not limited in its receipt of this evidence by virtue of the lack of certification. Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . These issues were analyzed under that premise. Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. Mexican law defines murder (or homicide) as taking the life of another (Article 302). In fact, in the statement to the district judge on October 2, 1996, Mr. Soto indicates that he has no physical defects. United States v. Taitz, 130 F.R.D. 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. From Pampered Sons To Hit Men? - The Seattle Times Valdez shot and killed Gallardo as well as Sanchez who happened to be in the corridor at the time of Gallardo's murder. Gill v. Imundi,747 F. Supp. As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. ``Take out your AK-47, and you are going to (expletive) him right now.. 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. Ramn Arellano Flix: As se vea Bad Bunny como parte de narcojuniors These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". 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. 1136 (1916); McNamara v. Henkel,226 U.S. 520, 33 S. Ct. 146, 57 L. Ed. The cohorts also said the Arellanos had on their payroll Mexican immigration agents who waved cocaine shipments across the border. La historia detrs del ingreso de Bad Bunny a "Narcos: Mxico" - Mag. 290 Brought to you by Free Law Project, . [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. (5) The facts and the personal information of the person sought which will permit his identification and, where possible, information concerning his location; (6) A certified copy of the warrant of arrest issued by the judge or judicial officer [in Mexico]; and. Collins v. Loisel,259 U.S. 309, 317, 42 S. Ct. 469, 66 L. Ed. 611 (S.D.N.Y.1985). Since the evidence was undisputed it is not detailed extensively herein. 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. No. The complaint . 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. 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. [20] i.e. 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. The filing of certified documents permitted Mexico to go forward with the extradition proceeding under the Treaty. [19]Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. [38] Specifically, Cruz was charged with homicide and Soto was charged with possession of various *1224 weapons, and a narcotics related offense (possession of marijuana). Opinion for Matter of Extradition of Mainero, 950 F. Supp. 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. QUIERE LIBERTAD, DEBE VIDAS - Semanario ZETA As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. January 1997: Hodin Gutierrez Rico, a . He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". This is defined as an individual who is a member of a group or gang of three or more persons whose purpose is to carry out criminal activity (Article 164). 44). 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. [22] The individuals related to this case are often referred to in the evidence by nicknames. As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. Mexico), they could have easily added that provision. 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. [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. Appellant appealed the habeas corpus denial to the Second Circuit. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. He also stated that it was Valdez who assigned him the code name "F7". 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. There is no prohibition against hearsay in the extradition context because the Federal Rules of Evidence, which proscribe hearsay, do not apply to extradition. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. Arnbjornsdottir-Mendler v. United States, 721 F.2d 679, 683 (9th Cir. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. 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). Connect with the definitive source for global and local news. [13] The diplomatic note related to the initial firearms charge[14] and the criminal association charge. (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. [37] Respondent criticizes Mexico for not filing this set of documents. *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. A great number of questions exist, and many questions remain unanswered in this case. 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. Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. Court documents say the threat against assistant U.S. Atty. You already receive all suggested Justia Opinion Summary Newsletters. Aparte de Kitty 'Pez', los que formaron el grupo de los "Narcojuniors" fueron Emilio Valdz Mainero, hijo de un guardia presidencial; Alfredo Hodoyan Palacios, hijo de un importante empresario . In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. Cartel May Have Targeted U.S. Prosecutor - Los Angeles Times Emilio Valdez Mainero met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. 39); and, SUPPLEMENTAL ORDER DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 12, 1997 (Docket No. Cartel Suspect Admits Plotting Cocaine Deal - Los Angeles Times 30). Los jvenes que cayeron en las garras de los hermanos Arellano Flix fueron: Emilio Valdez Mainero, hijo de un guardia presidencial, Alfredo Hodoyan Palacios, hijo de un empresario, Eduardo Len, los hermanos Endir y Henain Meza Castaos, Gustavo Miranda Santa Cruz y Fabin Martnez. Court documents say the threat against assistant U.S. Atty. The contours of the extradition proceeding were shaped by the Treaty and statute. A significant portion of the mens statements were taken in Mexico by officials putting together the case against Valdez and his companion at the time of his arrest, 25-year-old Alfredo Hodoyan de Palacios. Tijuana Scions of Privilege Alleged to Be Drug Hit Men This is part of the framework created by case law in these proceedings. 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. The evidence tying Valdez to the murder of Gallardo and Sanchez itself, given the numbers of other individuals involved, supports the criminal association charge. 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 . Kitty Pez, el narco real que interpreta Bad Bunny en 'Narcos Mxico 18 U.S.C. [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. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . Cruz testified based upon his personal acquaintance with the individuals named in the statement, and his participation in various events and circumstances, as well as conversations, with the individuals involved. 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. emilio valdez mainero - polucon.com 1103. Quin era 'El Kitty', narcojunior interpretado por Bad Bunny? When he appeared in court, the judge also noted, on the record, residual signs of physical injury. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; 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. There was no mention of the lost eye in the medical exam performed by the Republic of Mexico or during the court proceedings where the alleged recantation took place.
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