Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . Respondent's reliance upon Article 11, Paragraph 3, is misplaced. 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. La pequea y poco conocida . The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. In response to this evidence, Valdez offers statements of Gabriel Valdez, Marci Ramirez Marin de Gonzalez and Eva Marin viuda de Pena. Valdez shot and killed Gallardo as well as Sanchez who happened to be in the corridor at the time of Gallardo's murder. January 1997: Hodin Gutierrez Rico, a . [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. By Molly Moore. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). The charge related to the 1994 event has been abandoned. 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. 448 (1901). 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. The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. at 77, 78. 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. Sign up for our free summaries and get the latest delivered directly to you. In the Matter of the Extradition of Contreras,800 F. Supp. 526/2019. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." Publicado: 5/6/2021 7:10:25 PM. 3190. 40). The request for discovery regarding Miranda was also submitted in RESPONDENTS SUPPLEMENTAL SUBMISSION RE: EXTRADITION AND REQUEST FOR DISCOVERY filed June 26, 1997 in Case 96-1828 (Docket No. Soto's testimony is based upon his acquaintance with the individuals referenced in the statement, and his role as a cook residing at various times with these individuals. Informacin de El Universal. View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. They are under a compelled setting initiated by Mexican judicial authorities (as opposed to a self directed recantation by the declarants) and are no greater than a plea of not guilty when analyzed to similar proceedings under United States law. 50). Emilio Valdez Mainero met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. But the deal fell apart when the other inmate couldn't pay the promised . 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. 30). Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. Respondent was identified in statements of alleged co-conspirators Fausto Soto Miller, aka "Joel Fierro," "El Chef" or "El Cocinero" (hereinafter "Soto");[22] Cruz; Gilberto Vasquez Culebro, aka "El Gorras" or "El Cachuchas" (hereinafter "Vasquez"); as well as witnesses, Alejandro Enrique Hodoyan Palacios, (hereinafter "Alejandro"); and, Gustavo Miranda Santacruz, (hereinafter "Miranda") with involvement in a host of criminal activities on behalf of the Arellano Felix organization and in particular with the shooting of Gallardo and Sanchez. 28). 896 (S.D.Cal.1993). Ante una posible enfermedad terminal, Benjamn Arellano Flix pretende obtener una liberacin humanitaria, y no pagar la pena de 25 aos de prisin en Estados Unidos. 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. [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]. Citations Copy Citation. [41] All of these individuals are described as "prisoners" in the statement. 896 (S.D.Cal.1993). Appellant then filed a writ of habeas corpus with the district court. ``When they want to do a job _ when they want to bring down the hammer _ they can do it with brilliance and genius, Lupsha said. De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. Emilio Ricardo Valds Mainero, (a) "Len" o "Ricardo Gonzlez Len", detenido el 30 de septiembre de 1996, en San Diego, California, por posesin ilegal de armas y de estupefacientes. 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. 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. [45] The physical injuries to Cruz are certainly suspicious in this regard. *1226 In the final analysis, the Ruiz declaration is inadmissible given the lack of authenticity, certification or reliability and does little to support the recantations of Soto and Cruz. A review of the evidence submitted in support of those charges meets the requirements regarding identity and probable cause sufficient to fulfill the fifth extradition requirement. Cruz describes his mistreatment and torture at the hands of the Mexican authorities. *1225 Seargent Ruiz' statement appears to confirm Soto's statement that he was arrested prior to the September 27, 1996 date set forth in the statements made to the Mexican authorities. Garcia-Guillern v. United States, 450 F.2d 1189, 1192 (5th Cir. The "recantations" from Cruz and Soto are in the form of testimony before a judge of the First District of Federal Criminal Proceedings in the State of Mexico. 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. Under *1216 United States law, the standard of probable cause is whether there is any evidence warranting the finding that there was reasonable ground to believe the accused guilty. 1280 (D.Mass.1997) but reversed on appeal. Ahora me siento segura ya que me entero inmediatamente de todo lo que sucede, inclusive antes que mi abogado y que el abogado de . Article 11, itself, cites that urgency to arrest and detain an individual supports this initial procedure. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. 3184, et seq. [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. No charges have been filed against Anaya, and he denies the allegations. Opinion for Matter of Extradition of Mainero, 950 F. Supp. Id. Buscar. 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. 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 Henain Meza Castaos, Gustavo Miranda Santa Cruz y Fabin Martnez. at 1450-1451. The Supplemental Complaint charged Respondent with criminal association under Article 164, paragraph 1 and Article 13, section 2 of the Penal Code for the Federal District. Estudiaban en colegios particulares, eran de familias acomodadas y los deslumbr el estilo de vida del "Mon", uno de los lderes del crtel de Tijuana. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. In Zanazanian, the Ninth Circuit held that police reports which summarize the statements of witnesses are competent evidence, *1227 even though the same documents would be inadmissible hearsay in other contexts. [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. Under 18 U.S.C. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. 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. 672, 685 (S.D.N.Y.1978), aff'd, 619 F.2d 167 (2d Cir.1980), citing Collins, supra, 259 U.S. at 316. Soto acknowledges having signed the statement as well as affixing his fingerprints. 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"). [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. In re Petition of France for Extradition of Sauvage,819 F. Supp. This is part of the framework created by case law in these proceedings. There, Valdez told the group, "`The Baby' paid me off. Background. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. 1136 (1916). A great number of questions exist, and many questions remain unanswered in this case. In Shapiro v. Ferrandina,355 F. Supp. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . [39] MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, Page 6, lines 5-7 (Docket No. Based on case authorities Respondent's Motion in this regard is denied. 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 . Otros de los jvenes reclutados tambin fueron personificados en Narcos Mxico 3, por ejemplo Emilio Valdez Mainero, hijo de un guardia presidencial, quien conoci a Ramn Arellano en una . de Sicor 1 Acdo. Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. October 21, 1996. 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. Gill v. Imundi,747 F. Supp. 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. United States v. Kin-Hong, 110 F.3d 103 (1st Cir. [37] These statements were taken in open Court, at the time that Cruz and Soto were arraigned on charges filed against them by the Republic of Mexico and based upon the statements given to the public prosecutor. Est acusado de ser uno de los secuaces ms temidos de Arellano y se lo busca por asesinato en Mxico.Emilio Valdez Mainero era un compaero de juventud que Alex Hodoyn eligi, aos ms . 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. The power to make treaties is constitutionally invested in the executive branch of the United States government. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. 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. You're all set! These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. 18 U.S.C. These issues were analyzed under that premise. In Gallina, commissioner found the appellant subject to the extradition in Italy. United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. 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. The Second Circuit affirmed the denial of the habeas corpus petition. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. Bingham v. Bradley,241 U.S. 511, 36 S. Ct. 634, 60 L. Ed. The Ninth Circuit recognizes that barring hearsay from extradition hearings would thwart one of the objectives of bilateral extradition treaties by requiring the requesting nation to send its citizens to the extraditing country to confront the accused. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. 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 . Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. 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 magistrate judge need only determine whether there is competent evidence to justify holding the Respondent for trial, not whether the evidence is sufficient to justify conviction. Case Number: 97CR2149 JM (S.D. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. Alejandro provides an unrestrained narrative discussion of various events and circumstances, prompted by periodic questions and all simultaneously recorded in an office on CPU's. 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]. An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. Under Article 10(7) of the Treaty, the probable cause determination is to be made in accordance with the laws of requested party (here, the United States). At approximately 9:30 p.m. Valdez and Martinez encountered Gallardo whom Valdez planned to assassinate. Print material from AMNESTY INTERNATIONAL has also been filed. 290 Brought to you by Free Law Project, . A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. During the drive, Contreras told Cruz that, "his friends in the white Volkswagen wanted to say hello to a fellow citizen who was in Toluca to train for boxing." In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. Id. 834 F.2d 1444, 1453. De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . 000012 dated January 3, *1213 1997. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Quines eran los narcojuniors reales de Tijuana? California. 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). Republic of France v. Moghadam,617 F. Supp. [38] These are the same statements offered in this matter to support the request for extradition. He later was charged with several murders, including Ibarras. There is no evidence, however, in this regard. They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. [27] Soto actually made a series of statements relative to this matter. He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. The cohorts also said the Arellanos had on their payroll Mexican immigration agents who waved cocaine shipments across the border. Background. There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. The murder and conspiracy offenses, above described, survive the Respondent's challenge. Specifically, Respondent submits that the Treaty is invalid because the use of torture in Mexico in obtaining evidence, including the evidence in this matter, is contrary to the law of the United States. Defense counsel was provided for Mr. Cruz. 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. [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. Los narcojuniors . "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. ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. Columna. Respondent's request for discovery is denied. 253 (1910); Rice v. Ames,180 U.S. 371, 21 S. Ct. 406, 45 L. Ed. October 21, 1996. Miranda also identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74. Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. 956 (1922). The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. November 4, 1997. 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.