At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. No case authority is offered in this regard. 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. Probable cause exists to believe that the Respondent committed the offenses of homicide and criminal conspiracy as charged against him in Mexico. Recanting statements are relevant in these proceedings as they affect probable cause. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . 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. For this reason, Respondent's challenge in this regard is denied. In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. [15] The later supplementation of the record and the supplementation of Mexico's request for extradition, with additional charges, are not inconsistent with the Treaty or its provisions. Article 11, itself, cites that urgency to arrest and detain an individual supports this initial procedure. This latter evidence also results in a finding that any hostile action taken toward Alejandro and resulting in his disappearance and murder was more likely than not prompted at the direction of the AFO and not Mexico. 934 (D.Mass.1996). Since the evidence was undisputed it is not detailed extensively herein. 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. 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. Specifically, Respondent sought "all witness statements submitted in General Gutierrez Rebollo's case to determine whether or not there is additional relevant testimony." 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 . 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. 96-1798-M. United States District Court, S.D. 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. Id. You can explore additional available newsletters here. 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. 448 (1901). 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. 253 (1910); Rice v. Ames,180 U.S. 371, 21 S. Ct. 406, 45 L. Ed. 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. narcoseries Netflix. In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. 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. 30), he requests discovery regarding the statement by Miranda. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". Quines son los narcojuniors en los que est basada la historia . Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). A great number of questions exist, and many questions remain unanswered in this case. These three were carrying short range firearms in a white Volkswagen. This finding could be based upon the testimony of Miranda and Alejandro, alone. As to Soto, his three statements to the Mexican authorities, two on September 27, 1996 and one on September 30, 1996, respectively, do not reference any injury. The entire record supports the finding that probable cause exists with regard to homicide charges. The two cars stopped in the village of San Mateo Atenco. 956 (1922). 18 U.S.C. 2d 496 (1990). The various activities included a number of incidents of transportation of illegal drugs and homicide. Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix Get free access to the complete judgment in MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. 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. In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. While the motion was denied, the Court did find good cause to order the production of further evidence described by the United States in its responsive papers as becoming available since the June 30, 1997 extradition hearing. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. The Court is not limited in its receipt of this evidence by virtue of the lack of certification. Sign up for our free summaries and get the latest delivered directly to you. 50). [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. 40). 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. [5] This Declaration is filed in Case No. 526/2019. Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. The case against the implicated juniors spilled into U.S. courts after the Sept. 30 arrest of Emilio Valdez Mainero, 32, the baby-faced son of a deceased army colonel from Tijuana who, his widow . 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). 1 Since there is no right of appeal from extradition orders, Valdez and Hodoyan filed petitions for writs of habeas corpus in . The certificate is forwarded to the Department of State. United States District Court, S.D. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . "The rationale is that such matters are to be determined solely by the executive branch." Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. The holding in Gallina, however, offers no support for Valdez' claim. 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. B. Gustavo Miranda Santacruz On November 19, 1996, Gustavo Miranda Santacruz (hereinafter "Miranda") made a declaration before Assistant United States Attorney, Gonzalo P. Curiel, acting as Mexico's agent pursuant to a request under the mutual Legal Assistance Treaty that exists between Mexico and the United States. There is no evidence, however, in this regard. Soto also explains the details of the alleged abuse visited upon him. An extradition hearing is not a criminal proceeding and the person whose return is sought is not entitled to the rights available in a criminal trial at common law. Mr. Valdez became a top operative in the organization, arranging drug . Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. [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. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. Otro de los reclutados fue Alfredo Hodoyan Palacios, quien era hijo de un empresario prominente en Tijuana. The United States, in fact, complied with Article 11, Paragraph 3, by its initial filing of diplomatic note 001831, on November 25, 1996 with the U.S. Embassy in Mexico. BATTAGLIA, District Judge. mayo 9, 2022. [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. During the meeting, the group discussed their plans to kill enemies of their interests, including Amado Carillo, a rival drug trafficker. 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. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 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 . Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. 18 U.S.C. ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. 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. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. Matter of Extradition of Koskotas, 127 F.R.D. [2] An analysis under Parretti v. United States, 112 F.3d 1363 (9th Cir.1997) decided May 6, 1997 and amended August 29, 1997, well after the issuance of the provisional arrest warrant in this case, is unnecessary given the timely filing of the certified documents. 956 (1922). [22] The individuals related to this case are often referred to in the evidence by nicknames. *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. The court denied the writ. No case authority is offered on this issue. Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. Miranda was granted "use immunity" for giving the statement. Emilio Valdez Mainero declara que en mayo de 1992, l, Arturo "Kitty" Pez Martnez, Fabin Martnez Gonzlez "El Tiburn", David Barrn Corona y Jorge Alonso, fueron a buscar para matarlo, a Ricardo Olmos; que despus que lo localizaron como usuario de un taxi, se emparejaron al vehculo y Valdez y Barrn descendieron del . Court documents say the threat against assistant U.S. Atty. 290 Brought to you by Free Law Project, . Informacin de El Universal. Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. 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. In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. 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 identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74. 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]. Soto extensively describes other, numerous criminal activities of the AFO. Background. De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . Mexico also cites the medical examination of Soto following the September 27, 1996 statements concluding that there were no traces of any recent physical wounds. "The Secretary of State has sole discretion to refuse extradition on humanitarian grounds because of the procedures or treatment that await the surrendered fugitive." 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 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. [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. In the Matter of Extradition of Contreras,800 F. Supp. Cruz also said he transported weapons used in Ibarras slaying. [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. Most of the cocaine entering the United States comes from Mexico, and most of it passes through the Arellanos undisputed turf _ Baja California, according to the Drug Enforcement Administration. California. 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. "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. 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. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 448 (1901); Simmons v. Braun, 627 F.2d 635 (2d Cir.1980); Charlton v. Kelly,229 U.S. 447, 461, 33 S. Ct. 945, 57 L. Ed. [41] All of these individuals are described as "prisoners" in the statement. [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. 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. *1229 The testimony of the various witnesses, including Miranda and Alejandro provide competent evidence for an assessment of probable cause to believe that the crime of criminal association (conspiracy) has been committed and that Respondent is involved therein. Bingham v. Bradley,241 U.S. 511, 36 S. Ct. 634, 60 L. Ed. Finally, the United States submits evidence in the form of statements attributed to Respondent related to the disappearance and murder of Alejandro by the AFO and the organizations efforts to effect a recantation of Alejandro's November 30, 1996 deposition. The record is overwhelming with eyewitness testimony,[20] autopsies and physical evidence from the scene to establish these facts. The statement by Cruz to the federal prosecutor did indicate that Cruz had suffered recent physical injury. The others in the navy blue Cutlass also left the Holiday Inn and caught up with the white Volkswagen at the village of San Mateo Atenco. 54(b) (5). The murder and conspiracy offenses, above described, survive the Respondent's challenge. Quines son los narcojuniors en los que est basada la historia . Id. In the Matter of Extradition of Contreras,800 F. Supp. The United States has also offered statements from interviews between Alejandro and federal agents in February of 1997 which are asserted to corroborate Alejandro's knowledge of the AFO and his willingness to cooperate. These questions cannot be answered within the narrow confines of an extradition proceeding and would be most properly addressed by the Secretary of State and/or the Court in Mexico on a trial on the merits. 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. Background. Under United States law, (i.e., California Penal Code 187-199) murder is unlawful and similarly defined. Respondent also cites Title 18 U.S.C. [15] The Treaty, in Article 11, and 18 U.S.C. Netflix lanz la ltima temporada de Narcos: Mxico, donde adems de los personajes que ya conocemos, hay UNA sorpresa: Bad Bunny. 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. The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". 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. The government's request for the stay was denied sustaining Respondent's objection and request to proceed. [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. 834 F.2d 1444, 1453. Por Investigaciones ZETA. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. 30). 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. Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. 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. En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. 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. *1214 (3) First Degree Murder of Jesus Gallardo Vigil and Jesus Sanchez Angulo in violation of Article 302; Article 303, Sections I and III, Article 315 and Article 320 of the Penal Code for the Federal District. Whitepages people search is the most trusted directory. They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. 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. The proper authority for the political decision here is, of course, the Secretary of State. denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. 563, 572 *1219 (S.D.N.Y. The Secretary of State makes the ultimate decision on whether to surrender the Respondent. 777(N.D.Cal.1985). [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. Magistrate No. The personal notes and translation were offered to corroborate the declaration and the explanatory evidence with regard to Alejandro's testimony. 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. 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.. emilio valdez mainero. Peter Lupsha, an expert on drug trafficking and former professor at University of New Mexico, said this case suggests that a corrupt Mexican government thwarted previous drug investigations. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . 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.

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