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448 (1901). Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. [29] Clearly, Alejandro's testimony is based upon his personal knowledge derived from his acquaintance with Respondent and the other individuals named and his discussion and observations in their presence. ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. Arnbjornsdottir-Mendler v. United States, 721 F.2d 679, 683 (9th Cir. 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. De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . *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. 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. [16] Further, it is not the responsibility of this Court to assess the probability that the requesting party will be able to secure a conviction. 290 (S.D.Cal.1996). 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. In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. The videotapes clearly demonstrate Alejandro's demeanor. 50). 563, 572 *1219 (S.D.N.Y. 956 (1922). The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. 00:15. The Ninth Circuit has labeled the above statement from Gallina as speculation. 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. October 21, 1996. ), affirmed as modified, 478 F.2d 894 (2d Cir.1973) the court stated in part: The magistrate judge conducting the extradition proceeding has wide latitude in admitting evidence. Citations Copy Citation. Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. Fausto Soto Miller presented 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). 534 (1902). 5.1 is denied. It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). California. 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. Since the evidence was undisputed it is not detailed extensively herein. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . [9] See ORDER DIRECTING THE FILING OF ADDITIONAL EVIDENCE filed October 23, 1997 (Docket No. This document is submitted to be from the files in the prosecution of General Gutierrez Rebollo, by the Republic of Mexico, in Mexico. Respondent asserts that Soto lost an eye as a result of the torture used by Mexico to extract his statement[39]. MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. Mexico also takes the position that the statement is inaccurate and not properly certified or executed. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). Ahora me siento segura ya que me entero inmediatamente de todo lo que sucede, inclusive antes que mi abogado y que el abogado de . 1996) on CaseMine. The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. Background. Recanting statements are relevant in these proceedings as they affect probable cause. The complaint . I Background Alejandro's statement, at page 13, implicates Respondent[47] in the murder. "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. The statement by Cruz to the federal prosecutor did indicate that Cruz had suffered recent physical injury. Quines eran los narcojuniors reales de Tijuana? As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. [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. Cal. (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). 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. El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . "Chef" ("Soto") In his September 27, 1996 declaration before an agent of the Mexican Federal Public Prosecutor, Soto recalled an incident in which Valdez, Ramon Arellano Felix and other members of his organization met at a house rented by Valdez in Mexico City. The Miranda statement provides competent evidence to support a finding of probable cause that Valdez was involved in the Gallardo and Sanchez murders of April 9, 1996. Concerning the murder and firearms charge, it is alleged that on April 9, 1996, at approximately 9:30 p.m., in the restaurant at the Holiday Inn in Toluca, Mexico, Jesus Gallardo Vigil, aka "El Bebe", (hereinafter "Gallardo"), and Jesus Sanchez Angulo (hereinafter "Sanchez") were shot and killed by Respondent and Fabian Martinez Gonzalez, aka "Tiburon", (hereinafter "Martinez"). The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. No charges have been filed against Anaya, and he denies the allegations. 1462, 1464 (S.D.Tex. Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. El recordado criminal perteneca a los Narcojuniors, una clula del crtel de Tijuana que sale a relucir en la nueva temporada de la serie de Netflix. Under United States law, (i.e., California Penal Code 187-199) murder is unlawful and similarly defined. No precise authority is offered in regard to this premise. The essential question is whether the indicia of reliability is on the recantation or the initial statement. The cohorts also said the Arellanos had on their payroll Mexican immigration agents who waved cocaine shipments across the border. 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. denied, 454 U.S. 894, 102 S. Ct. 390, 70 L. Ed. 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. 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. Id. 40). Otro de los reclutados fue Alfredo Hodoyan Palacios, quien era hijo de un empresario prominente en Tijuana. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. Gill v. Imundi,747 F. Supp. Ramn y Arturo se la pasaban en fiestas y en una de conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales. [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. 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. [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. En 1995, su reinado lleg a su fin. Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. These issues were analyzed under that premise. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. ``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. 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.. Columna. Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980). 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. This element was not challenged by the Respondent. He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. Background. Background. 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. (5) The facts and the personal information of the person sought which will permit his identification and, where possible, information concerning his location; (6) A certified copy of the warrant of arrest issued by the judge or judicial officer [in Mexico]; and. 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. Criminal activity is defined as those who agree to or plan the crime, commit the crime themselves and/or commit the crime jointly with others (Article 13, Sections 1 through 3, inclusive). Galanis v. Pallanck, 568 F.2d 234 (2d Cir.1977); Sayne v. Shipley, 418 F.2d 679 (5th Cir.1969) cert. I Background. The Treaty between the United States and Mexico calls for probable cause to be measured by the standards established in the requesting country. Seeing no one in pursuit, Cruz followed the white Volkswagen in the navy blue Cutlass. The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. 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, for reasons explained below, grants the petition, finding the detainee extraditable. There is no prohibition against hearsay in the extradition context because the Federal Rules of Evidence, which proscribe hearsay, do not apply to extradition. Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. At approximately 9:30 p.m. Valdez and Martinez encountered Gallardo whom Valdez planned to assassinate. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. [22] The individuals related to this case are often referred to in the evidence by nicknames. The certificate is forwarded to the Department of State. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. 777(N.D.Cal.1985). En una de las fiestas conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales, cuando existan. 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. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge Neely v. Henkel, supra. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. 13, 22 (D.Mass.1989). 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. 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. Appellant then filed a writ of habeas corpus with the district court. 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. [30] These statements challenge the "motive" for the Gallardo murder as stated by Cruz and Miranda. The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. [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. 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". 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.]" The court denied the writ. Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. This evidence is clearly contradictory and inadmissible under Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. No case authority is offered in this regard. 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. 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. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. Buscar. 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. The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. 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 . The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. 3184, et seq., the United States issued a provisional arrest warrant for the Respondent, signed by Magistrate Judge Anthony J. Battaglia on September 30, 1996. Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. These individuals returned to Mr. Vasquez' home in April of 1996 and stated that they were running from the authorities because they had committed a homicide in Mexico City. Valdez also faces charges of arranging the sale of a kilogram of heroin to a fellow inmate through friends outside prison. See footnote 10. [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. 44). Equihua had been close to a witness in the drug-related cases of Alfredo Hodoyan and Emilio Valdez Mainero, which were due to be heard in San Diego courts. 3190. The Secretary of State makes the ultimate decision on whether to surrender the Respondent. 28). [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. 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. 834 F.2d 1444, 1453. Valdez shot and killed Gallardo as well as Sanchez who happened to be in the corridor at the time of Gallardo's murder. *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. 2d 476 (1968), is also unpersuasive in this regard. Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. [45] The physical injuries to Cruz are certainly suspicious in this regard. is indoor ice skating safe during covid; most common super bowl final scores; lynette woodard spouse; reelfoot lake fishing guides; emilio valdez mainero. 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. 896 (S.D.Cal.1993). 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, 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. 1992); Fed.R.Evid. The . 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. He declared that, in May, 1992, Ramon Arellano-Felix and Valdez killed rival drug traffickers, the Olmos brothers, and that Valdez told him and other members of the AFO that Valdez would pay $150,000 to them if they took the blame for the Olmos murders. 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. BATTAGLIA, United States Magistrate Judge. QUIERE LIBERTAD, DEBE VIDAS. 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. R.Crim.P. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. Cruz declared that in April 1996, he received a message from Martinez instructing him to meet at the Glorieta del Angel at 6:00 p.m. At that location, Cruz met with Valdez, Martinez and Contreras. Quines son los narcojuniors en los que est basada la historia . Finally, he contests the date of arrest. Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix 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. Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 2d 496 (1990). EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. While the Court has wide latitude in admitting evidence, and hearsay evidence is admissible, the Ruiz statement is without any legally reliable corroborating or authenticating evidence in this case. The Department of Justice shall prepare a certification consistent with this memorandum as required by 18 U.S.C. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. 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. [29] Respondents request for discovery of all evidence of discussions with Alejandro Hodoyan is denied on the basis of the authority set forth in footnote 26, except to the extent that this information was produced in response to the Court's order of September 11, 1997 (see footnote 6). 568 (S.D.N.Y.1979). [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. November 4, 1997. 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. 830 (1911). In Quinn v. Robinson, 783 F.2d 776, 815 (9th Cir.1986), the Ninth Circuit reaffirmed that hearsay evidence that would be inadmissible for other purposes is admissible in extradition hearings. Based on the above evidence, this Court finds that there is probable cause to believe that Valdez committed the crime of criminal conspiracy as alleged in the extradition request. 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.

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