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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. 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. 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. 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 United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. See footnote 10. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. 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. Background. *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. Under United States law, (i.e., California Penal Code 187-199) murder is unlawful and similarly defined. 33. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. [33] On June 19, 1997, Respondent filed a REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY requesting, among other things, that the Court "order the government to turn over any other relevant information which might help the detainee explain the `evidence' lodged against him" (Docket No. 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. Galanis v. Pallanck, 568 F.2d 234 (2d Cir.1977); Sayne v. Shipley, 418 F.2d 679 (5th Cir.1969) cert. 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. 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. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent")[1] is accused by Mexico of having been involved with or committing various crimes in violation of Mexican laws. The cohorts also said the Arellanos had on their payroll Mexican immigration agents who waved cocaine shipments across the border. The . On July 29, 1997, Respondent filed a Motion to Reopen Evidence in this matter. 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. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. 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. All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge United States v. Manzi, 888 F.2d 204, 206 (1st Cir. 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 . Court documents say the threat against assistant U.S. Atty. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. 970 (1925); the probable cause is sustained if competent evidence to establish reasonable grounds is presented, not necessarily evidence competent to convict. 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. 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. Argument, inference and innuendo is all that has really been presented here. The murder and conspiracy offenses, above described, survive the Respondent's challenge. October 21, 1996. In re Sindona,450 F. Supp. 896 (S.D.Cal.1993). There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. Respondent asserts that Soto lost an eye as a result of the torture used by Mexico to extract his statement[39]. The two cars stopped in the village of San Mateo Atenco. Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. Whitepages people search is the most trusted directory. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 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. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. [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". In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. 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. They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. In Gallina, commissioner found the appellant subject to the extradition in Italy. Based on case authorities Respondent's Motion in this regard is denied. Case Number: 97CR2149 JM (S.D. Miranda also stated that in 1992, Valdez was in charge of cocaine trafficking, and that later, Valdez trafficked in 200 to 400 kilogram shipments of marijuana for the AFO. Background. 33) which is similarly denied for the reasons stated. 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. [5] This Declaration is filed in Case No. Miranda declared that Valdez and Martinez committed the murder of Gallardo. 956 (1922). Fausto Soto Miller presented The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. 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. MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. The Court concludes that each of the crimes for which extradition is requested by Mexico are among those specified in the Treaty but that only Criminal Association and First Degree Murder are analogous to United States law. 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. de Sicor 1 Acdo. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. United States v. Valdez-Mainero. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. 896 (S.D.Cal.1993). [30] These statements challenge the "motive" for the Gallardo murder as stated by Cruz and Miranda. ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. 1101(d) (3); and Fed. The various activities included a number of incidents of transportation of illegal drugs and homicide. According to testimony given to Mexican authorities, the Arellanos _ led by brothers Benjamin, Ramon, Javier and Francisco _ have been able to coordinate major assassinations with the aid of the attorney general of Baja California, Jose Luis Anaya Bautista. The court, for reasons explained below, grants the petition, finding the detainee extraditable. For the reasons set forth in the Memorandum Decision Denying Bail (see footnote 1), the Court finds that the offense of carrying a firearm exclusive to the Army, Navy and Air Force lacks dual criminality and petitioner fails in its burden regarding extradition on that matter.[18]. Soto also explains the details of the alleged abuse visited upon him. Explanatory evidence is allowed only if the evidence would, clearly, negate a showing of probable cause. 00:15. Mar. 956 (1922). Garcia-Guillern v. United States, 450 F.2d 1189, 1192 (5th Cir. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. 3190. The United States has filed videotapes of Alejandro's November 30, 1996 deposition. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. at 77, 78. 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. [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. In Matter of Extradition of Lui Kin-Hong,939 F. Supp. The . These issues were analyzed under that premise. (2) Gustavo Miranda Santacruz. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. That conclusion is based on the following analysis. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. Collins v. Loisel,259 U.S. 309, 316, 42 S. Ct. 469, 66 L. Ed. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. 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. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue . At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. Por Investigaciones ZETA. 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. Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. 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. In response to this evidence, Valdez offers statements of Gabriel Valdez, Marci Ramirez Marin de Gonzalez and Eva Marin viuda de Pena. 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. 934 (D.Mass.1996). This issue was not challenged by the Respondent. 956 (1922). There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. 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. Cruz declared that the group told him of multiple murders that they, including Valdez, had committed because the "boss was angry", referring to Ramon Arellano Felix. 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. Another court has correctly characterized the above sentence from the Second Circuit as "dicta." The Court is not limited in its receipt of this evidence by virtue of the lack of certification. 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. The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). Valdez and Martinez then fled the Holiday Inn in the white Volkswagen. 290 (S.D.Cal.1996). 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. 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. No charges have been filed against Anaya, and he denies the allegations. The limitations of the judicial review at this stage of the proceedings, however, should not be an excuse to admit evidence presented without apparent foundation or any independent indicia of trustworthiness. 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 . 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". 371. "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. In the Matter of Extradition of Contreras,800 F. Supp. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. Id. The two perpetrators escaped in a white Volkswagen. [21] This evidence is certified by the principle diplomatic or counsular officer of the United States in Mexico and is received into evidence pursuant Article 10(6) of the Treaty and 18 U.S.C. Demandado: Emilio Ricardo Valdez Mainero. En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. [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]. In the final analysis, this Court is required to look at the indicia of reliability with regard to the persuasiveness of this evidence. 5.1 is without authority and is unavailable in any event under prevailing authority. Respondent also challenges compliance with the Treaty, and urges his release in these proceedings, relative to the "late filing" of certified documents in this case. United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). 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. 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 admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. 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. The court denied the writ. 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. When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. The witnesses all identify Respondent as the perpetrator in these regards. 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. According to testimony given to . Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. 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 papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. 24). 3184, et seq. [2] The warrant was issued on a Complaint charging Respondent with carrying a firearm exclusively reserved for the military in violation of Articles 160 and 162, paragraph 3, Criminal Code for the Federal District. 2d 74 (1960), as the case that establishes the possibility of a "humanitarian exception" based on the "federal court's sense of decency." Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). "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. This finding could be based upon the testimony of Miranda and Alejandro, alone. 1462, 1469 (S.D.Tex.1992). 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.]" Fed.R.Evid. Nobody threatens my brother because the moron who does it, dies.". Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. The court, for reasons explained below, grants the petition, finding the detainee extraditable. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". R.Crim.P. The notes are identified by Augustin Hodoyan, Alejandro's brother. 5.1 is denied. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. 290 Brought to you by Free Law Project, . Quinn v. Robinson, 783 F.2d 776, 789, 790 (9th Cir.1986). Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. Miranda stated that the murder took place the first part of April 1996, at the Holiday Inn in Toluca. 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. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. Extradition of Kraiselburd, 786 F.2d 1395, 1399 (9th Cir.1986). 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. Defense counsel was provided for Mr. Cruz Vasquez identifies himself as a member of the AFO and states that in March, 1996, he had several visitors to his home, including Respondent Valdez, Martinez, and co-extraditee Alfredo Hodoyan Palacios. Seeing no one in pursuit, Cruz followed the white Volkswagen in the navy blue Cutlass. Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. 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). 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. In the Matter of the Extradition of Contreras,800 F. Supp. Valdez also faces charges of arranging the sale of a kilogram of heroin to a fellow inmate through friends outside prison. 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. [45] The physical injuries to Cruz are certainly suspicious in this regard. [41] The statement of Francisco Cabrera Castro, aka "Piedras" is offered in the Extradition of Alejandro Hodoyan Palacios, 96mg1828 AJB. No precise authority is offered in regard to this premise. 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. 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. Probable cause exists to believe that the Respondent committed the offenses of homicide and criminal conspiracy as charged against him in Mexico. The complaint . *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. 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. The power to make treaties is constitutionally invested in the executive branch of the United States government. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. BATTAGLIA, District Judge. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. 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. In fact, Respondent urges the Court to dismiss this proceeding stating that the Mexican Attorney General's office held back these statements because of their negative impact on the probable cause analysis. 1103. at 1450-1451. 000012 dated January 3, *1213 1997. Magistrate No. (7) Evidence which, in accordance with the laws of the requested party, would justify the apprehension and commitment for the trial of the person sought if the offense had been committed there, (i.e., probable cause). I Background Under 18 U.S.C. This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." 2d 455 (1972). De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . The extradition proceeding is not a criminal trial nor is Respondent entitled to the rights available in a criminal trial at common law. 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. In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. 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. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. Respondent's reliance upon Article 11, Paragraph 3, is misplaced. 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. The others drove in a white Volkswagen. The entire record supports the finding that probable cause exists with regard to homicide charges. De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. 830 (1911). Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo .