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MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. 1996) Soto acknowledges having signed the statement as well as affixing his fingerprints. The government's request for the stay was denied sustaining Respondent's objection and request to proceed. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. United States v. Valdez-Mainero | CASE NO. 97cr1798 JM - Casemine 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. 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. Buscar. Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. Mexico also argued that the document was not certified as required by the treaty and would be presumptively inadmissable. BATTAGLIA, United States Magistrate Judge. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). The others drove in a white Volkswagen. 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. 290 (S.D.Cal.1996). 1980), the court refused to decide whether the accused might be tortured or killed if surrendered to the requesting nation because this argument raised an "issue that properly falls within the exclusive purview of the executive branch" Id. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. These statements do not add a great deal to Mexico's case regarding this Respondent. 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.]" Appellant appealed the habeas corpus denial to the Second Circuit. The two perpetrators escaped in a white Volkswagen. 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. Mar. Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities. Sign up for our free summaries and get the latest delivered directly to you. Otro de los reclutados fue Alfredo Hodoyan Palacios, quien era hijo de un empresario prominente en Tijuana. Los narcojuniors reales de Tijuana. 3188 for a similar proposition. Cal. BATTAGLIA, United States Magistrate Judge. Tijuana drug cartel may have targeted Gonzalo Curiel Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. [48] Authority for this proposition is gathered from dicta in some case law in that there is no direct authority for this proposition. There is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. Judge Attacked By Trump Has Long History of Serving His Country 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. 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. The signs of injury included 16 irregularly circular scars, 17 circular scars and 3 small scars on the chest as well as a hematoma to the upper base of the nose and a circular bruise on the right chin. 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 . 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. 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. Mexican law defines murder (or homicide) as taking the life of another (Article 302). [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. Finally, he contests the date of arrest. 448 (1901). Ejecutivo Mercantil Autr. The videotapes clearly demonstrate Alejandro's demeanor. 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. Mexico Wins Extradition of Two Defendants From U.S. for Drug-Killing Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). Valdezs attorney said some of the statements were extracted under torture. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. The indicia of reliability is in favor of the formal statements given to the Mexican authorities by Soto and Cruz and not their in court "recantations." [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. This issue was not challenged by the Respondent. Cartel Suspect Admits Plotting Cocaine Deal - Los Angeles Times En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. Matter of Extradition of Mainero :: California Southern District Court There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. Seeing no one in pursuit, Cruz followed the white Volkswagen in the navy blue Cutlass. [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. Tambin as reclutaron a Alfredo Hodoyan Palacios, hijo de un empresario de Tijuana, quien comenz a pasar droga sin levantar sospechas pues era . In the Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996. In September of 2002, a Judge of the Federal Penal Processes in Mexico State found El Lobo, La Piedra and El Capitan guilty, and sentenced them all to . 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. These statements are also corroborated in significant part by Alejandro's declaration. You already receive all suggested Justia Opinion Summary Newsletters. In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. Caso Blancornelas - activoforo.com 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. 23. In re Petition of France for Extradition of Sauvage,819 F. Supp. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. Mr. Soto also provides a physical description of Respondent. The entire record supports the finding that probable cause exists with regard to homicide charges. The environment where the deposition was taken is not suggestive of any coercive circumstances. 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. 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. In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. Si te preguntas quines son en la vida real los llamados narcojuniors de Narcos Mxico, serie de Netflix, se trata de al menos tres de los jvenes de familias acomodadas en Tijuana, Baja California, que se involucraron en temas de drogas y en especial con el Crtel de los Arellano Flix.Entre ellos, El Kitty Arturo Everardo Pez y los hermanos Hodoyan. Through observation and discussion, he became privy to the knowledge set forth. [38] These are the same statements offered in this matter to support the request for extradition. Matter of Extradition of Mainero, 990 F. Supp. 1208 (S.D. Cal. 1997) 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. Demandado: Emilio Ricardo Valdez Mainero. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. [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. (2) A Preparatory Statement of October 13, 1996, at 7:50 p.m. made before the First District Judge of Federal Criminal Proceedings in the State of Mexico, at the Federal Center for Social Rehabilitation Number 1, in Judicial Proceedings Courtroom Number One. The Ninth Circuit has held that self incriminating statements of accomplices are sufficient to establish probable cause in an extradition hearing. Recanting statements are relevant as they affect probable cause, but a showing that the prior statement is coerced and that indicia of reliability is on a subsequent recantation is the appropriate point of analysis on this issue. The record is overwhelming with eyewitness testimony,[20] autopsies and physical evidence from the scene to establish these facts. 1136 (1916); McNamara v. Henkel,226 U.S. 520, 33 S. Ct. 146, 57 L. Ed. Alfredo Miguel Hodoyn Palacios, (a) "Lobo" u "88" , fue detenido el 30 de septiembre de 1996, en San Diego California. 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. In re Petition of France for Extradition of Sauvage,819 F. Supp. 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. This evidence is clearly contradictory and inadmissible under Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. Mexican Tale: Drugs, Crime, Torture and the U.S. 2d 476 (1968), is also unpersuasive in this regard. The Ninth Circuit has labeled the above statement from Gallina as speculation. Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. Whitepages people search is the most trusted directory. The Secretary of State makes the ultimate decision on whether to surrender the Respondent. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. In the Matter of the Extradition of Contreras,800 F. Supp. 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. [30] These statements challenge the "motive" for the Gallardo murder as stated by Cruz and Miranda. In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. Get free summaries of new Southern District of California US Federal District Court opinions delivered to your inbox! 777 (N.D.Cal.1985). *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. 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. The cohorts also said the Arellanos had on their payroll Mexican immigration agents who waved cocaine shipments across the border. Emilio Valdez Mainero and Alfredo Hodoyan were linked to the Arellano Felix drug organization, which controls the lucrative drug corridor from Baja California into the United States. 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. 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. A great number of questions exist, and many questions remain unanswered in this case. The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. [31] See discussion at page 1213, line ___, et seq. Date published: Mar 20, 2013. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . 2d 208. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge [42] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION (Docket No. [22] The individuals related to this case are often referred to in the evidence by nicknames. The Court denied the motion.[3]. 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. Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. Only the criminal association (conspiracy) and murder charges satisfy the dual criminality requirement for extradition. Chapo Guzman gave marijuana to Gallardo so that he could move it into the United States, but afterwards, Chapo Guzman sent the Federal Police after him. 5.1 is denied. This finding could be based upon the testimony of Miranda and Alejandro, alone. Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. 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. Cruz also said he transported weapons used in Ibarras slaying. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. Case Number: 97CR2149 JM (S.D. Matter of Extradition of Mainero, 990 F. Supp. 1208 - CourtListener 44). Gerardo Cruz Pacheco, a former presidential security guard, told Mexican officials he helped the gunmen escape after the Holiday Inn murder by forming a wall of cars as they drove off. Miranda details numerous other criminal activities in which Valdez and others in the AFO were involved, including the assassination of Larios Guzman, the July 1994 assassination of multiple military officers, the kidnaping and murder of a person with the last name Margain, and the kidnaping of a man with the last name Baloyan. A certified copy of the extradition Treaty between the United States of America and Mexico of May 4, 1978 *1217 (TIAS 9656) was submitted by the United States in support of its position that the Treaty is presently in full force and effect. By Molly Moore. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 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 . When the two cars arrived at the Holiday Inn in Toluca, Valdez got out of the white Volkswagen and told Contreras, "Be, cautious, wait for me here and when you see us going out from the parking lot in the white Volkswagen, you should form a `wall' so that we cannot be followed.". He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". 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. Hearsay evidence is admissible on behalf of the Respondent to establish the "obliteration" of probable cause. The credible evidence, satisfies Mexico's burden in this respect[44]. 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. "The rationale is that such matters are to be determined solely by the executive branch." 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. According to testimony given to . Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. Ultimately, the United States sought to stay the proceedings for an additional ninety (90) day period. Quines son los narcojuniors reales de Narcos Mxico 3 - EL DEBATE Soto also explains the details of the alleged abuse visited upon him. He states that the reason that Gallardo was murdered was because he had allowed "Chapo Guzman" into the territory of Tijuana to deal drugs and push out Benjamin Arellano Felix. Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. Ellos son los narcojuniors reales de Narcos Mxico 3 - Soy502 3184, et seq., in order to extradite the Respondent, the United States, on behalf of the Republic of Mexico, must establish that: (1) The judicial officer is authorized to conduct extradition proceedings; (2) The court has jurisdiction over the respondent; (3) The applicable treaty is in full force and effect; (4) The crimes for which surrender is sought are included within the terms of the treaty; and. In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. (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 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. Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. 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. at 1450-1451. 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. Additionally, it is not the business of the United States Courts to assume responsibility for supervising the integrity of a judicial system of another sovereign nation; such an assumption would directly conflict with the principal of comity on which extradition is based. That conclusion is based on the following analysis. 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. Two Mexican men to be extradited for drug-related murders EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . [37] Respondent criticizes Mexico for not filing this set of documents. R.Crim.P. QUIERE LIBERTAD, DEBE VIDAS. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. (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. 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. As earlier stated, the circumstances of Alejandro's testimony are not suggestive of torture, coercion or duress. In fact, in the statement to the district judge on October 2, 1996, Mr. Soto indicates that he has no physical defects. 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. Miranda also declared that Valdez had told him he and Fabian Reyes Partida, aka "Domingo", (hereinafter Reyes) had assassinated Jesus Romero Magana because he was investigating Valdez' criminal activity. denied, 364 U.S. 851, 81 S. Ct. 97, 5 L. Ed. The date of production for the photographic evidence was set for November 5, 1997[9] and later extended with properly authenticated and certified originals being filed on December 1, 1997. emilio valdez mainerospiral pattern printing in c. phillies front office salaries [42] The response from Mexico indicates that closed proceedings related to General Rebollo are ongoing in Mexico and that Ruiz is a witness therein. 672, 685 (S.D.N.Y.1978), aff'd, 619 F.2d 167 (2d Cir.1980), citing Collins, supra, 259 U.S. at 316. 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. There is no corroborating evidence regarding the source, however. The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. The Ruiz statement also describes the "detention" of Alejandro and Francisco Cabrera Castro, aka "Piedras". [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. Fabin Martnez remplaz en el cargo a Emilio Valdez Mainero, El CP, y adems compadre de Ramn Arellano Flix, luego que aqul fue arrestado en 1996 en San Diego, California, y condenado a 30 aos de prisin por delitos relacionados con trfico de cocana y herona hacia Estados Unidos. Los narcos asesinan, se ren y despus se van a cenar Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . 956 (1922), In re Locatelli,468 F. Supp. [5] This Declaration is filed in Case No. When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. Collins v. Loisel,259 U.S. 309, 317, 42 S. Ct. 469, 66 L. Ed. In contesting the accuracy of the statement of the federal prosecutor, he "rejects" the alias described to him, the reported rank in the infantry, and claims that he does not belong to the Presidential General staff but to the Presidential Guards Corps. There is no evidence to suggest that the United States no longer honors the treaty or that its purpose and intent are no longer served. You can explore additional available newsletters here. The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. 18 U.S.C. Emilio Ricardo Valdez Mainero Exp: 526/2019 - PoderJudicialVirtual.com 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. Este es el miembro del Crtel Tijuana que interpreta Bad Bunny en The suggestion of torture is certainly present in the record. Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. In Matter of Extradition of Pazienza,619 F. Supp. 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. Get free access to the complete judgment in MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. [47] Alejandro's testimony also implicates his brother concerning the involvement with the AFO, which relates to the pending extradition of Alfredo Hodoyan-Palacios, 96mg1828(AJB). Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. Support for its origin is suggested from a New York Times article[40]. In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). For the reasons set forth in footnote 32 an extended analysis of the recantation is not set forth, nor is the recantation viewed any differently than those of Cruz and Soto.