54(b) (5). After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. Where a prior statement is shown to be coerced and the indicia of reliability is on the recantation, then the subsequent statement negating the existence of probable cause is germane in an extradition proceeding. 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 . Mexico also takes the position that the statement is inaccurate and not properly certified or executed. Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). In the proceeding before this Court, the Republic of Mexico (hereafter Mexico), through the United States government, seeks the extradition of United States citizen, EMILIO VALDEZ MAINERO, alleged to have committed crimes in Mexico. Netflix lanz la ltima temporada de Narcos: Mxico, donde adems de los personajes que ya conocemos, hay UNA sorpresa: Bad Bunny. 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. 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. Respondent's discovery request in this regard is denied. The essential question is whether the indicia of reliability is on the recantation or the initial statement. As a result, the Court finds Treaty compliance in this respect and denies Respondent's request for release on this basis. Emilio Valdez - Lake Ridge Chapel & Memorial Designers [13] The diplomatic note related to the initial firearms charge[14] and the criminal association charge. Another court has correctly characterized the above sentence from the Second Circuit as "dicta." [15] The Treaty, in Article 11, and 18 U.S.C. narcoseries Netflix. Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. Seduction of a Generation - Los Angeles Times Article 11, itself, cites that urgency to arrest and detain an individual supports this initial procedure. Peryea v. United States,782 F. Supp. Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. 96-1798-M. United States District Court, S.D. As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. [37] Respondent criticizes Mexico for not filing this set of documents. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. No. In September of 2002, a Judge of the Federal Penal Processes in Mexico State found El Lobo, La Piedra and El Capitan guilty, and sentenced them all to . ``Take out your AK-47, and you are going to (expletive) him right now.. Furthermore, the sworn witness statements in the instant case are the type of evidence contemplated by the Treaty to avoid the need for the requesting country to send its witnesses to the requested country to testify at the extradition hearing. California. [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). [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. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. 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. Tijuana drug cartel may have targeted Gonzalo Curiel In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. 029n1est - La Jornada 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. 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. [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. 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.]" denied, 398 U.S. 903, 90 S. Ct. 1688, 26 L. Ed. In the Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996. 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 . Negocia "El Caballo" inmunidad con EU - Periodico El Vigia [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. Quines son los narcojuniors reales de Narcos Mxico 3 - EL DEBATE 956 (1922), In re Locatelli,468 F. Supp. Quines son los narcojuniors en los que est basada la historia . United States District Court, S.D. De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . We will gather for a memorial service and viewing at 6:00 p.m. Friday, September 6, 2019 followed by a visitation at Lake Ridge Chapel and Memorial Designers. ``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. 934 (D.Mass.1996). Extradition case gives look at vicious cocaine group The certificate is forwarded to the Department of State. Nobody threatens my brother because the moron who does it, dies.". There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. The complaint . Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. [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]. *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. United States v. Valdez-Mainero - casetext.com Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . 1101(d) (3); and Fed. In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". [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". On June 26, 1997, respondent filed a SUPPLEMENTAL SUBMISSION RE: EXTRADITION AND REQUEST FOR DISCOVERY[34], with an attached declaration of Augustin Hodoyan (Alejandro's brother) with Alejandro's personal notes which were used to create the March 3, 1997 declaration. 526/2019. 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 . Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. Emilio Valdez Mainero (Valdez) and Alfredo Hodoyan Palacios (Hodoyan) were certified as extraditable to Mexico on charges of murder and criminal association with the Arellano Felix drug trafficking organization (AFO). MATTER OF EXTRADITION OF MAINERO - leagle.com 1978). These three were carrying short range firearms in a white Volkswagen. 5.1 is without authority and is unavailable in any event under prevailing authority. (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). Republic of France v. Moghadam,617 F. Supp. These statements do not add a great deal to Mexico's case regarding this Respondent. ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. The evidence tying Valdez to the murder of Gallardo and Sanchez itself, given the numbers of other individuals involved, supports the criminal association charge. This element was not challenged by the Respondent. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. [4] As presented, the documentary evidence in this regard appears to supplement, not supersede, the previous filings of certified documents in support of the request for extradition. [42] The response from Mexico indicates that closed proceedings related to General Rebollo are ongoing in Mexico and that Ruiz is a witness therein. *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. Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. 28). emilio valdez mainero. The notes are identified by Augustin Hodoyan, Alejandro's brother. 3184, Ward v. Rutherford, 921 F.2d 286, 289 (D.C.Cir.1990) and Rule 74 of the Local Civil Rules of the United States District Court of the Southern District of California. 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. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. Emilio Valdez Mainero seemed an appropriately upper-tier husband, but he too allegedly found employment in the Arellano Felix organization, recruiting 'young assassins who belong to Tijuana's . 1462, 1464 (S.D.Tex. Valdez and Martinez then fled the Holiday Inn in the white Volkswagen. In the Matter of the Extradition of Contreras,800 F. Supp. The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. 33) which is similarly denied for the reasons stated. 24). [38] These are the same statements offered in this matter to support the request for extradition. Ramn Arellano Flix: As se vea Bad Bunny como parte de narcojuniors [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. MAINERO v. GREGG (1999) | FindLaw The court denied the writ. This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. 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"). Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. Miranda was granted "use immunity" for giving the statement. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. It is also notable, that the sum total of the evidence showed Alejandro's Declaration regarding torture and abuse to be contrived in its derivation. Quinn v. Robinson, 783 F.2d 776, 789, 790 (9th Cir.1986). 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. 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]. In re Petition of France for Extradition of Sauvage,819 F. Supp. Id. There is no prohibition against hearsay in the extradition context because the Federal Rules of Evidence, which proscribe hearsay, do not apply to extradition. 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. 896 (S.D.Cal.1993). If the drafters of the Treaty had intended the judicial officer to consider the admissibility and weight of the evidence under the law of the requesting party (i.e. Quines son los narcojuniors de Narcos Mxico en la vida real In the Matter of Extradition of Contreras,800 F. Supp. 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. 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]. de Sicor 1 Acdo. The United States has filed videotapes of Alejandro's November 30, 1996 deposition. 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. A significant portion of the mens statements were taken in Mexico by officials putting together the case against Valdez and his companion at the time of his arrest, 25-year-old Alfredo Hodoyan de Palacios. [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. He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. Id. 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. 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. 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. 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. In the proceeding before this Court, the Republic of Mexico (hereafter Mexico), through the United States government, seeks the extradition of United States citizen, EMILIO VALDEZ MAINERO, alleged to have committed crimes in Mexico. Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix Print material from AMNESTY INTERNATIONAL has also been filed. Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. [30] These statements challenge the "motive" for the Gallardo murder as stated by Cruz and Miranda. These issues were analyzed under that premise. Magistrate No. (3) Fausto Soto Miller. 2d 476 (1968), is also unpersuasive in this regard. Collins v. Loisel,259 U.S. 309, 316, 42 S. Ct. 469, 66 L. Ed. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. "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. [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. While Ruiz provides no direct account of any torture, this information supports a finding that Alejandro was "in custody"[43] along with others and supports an argument that extended detention was involved in the handling of the witnesses by Mexico. The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. Extradition case of Mexican men reveals details of vicious drug gang Defense counsel was provided for Mr. Cruz. 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. Soto acknowledges having signed the statement as well as affixing his fingerprints. Cartel May Have Targeted U.S. Prosecutor - Los Angeles Times 937 (D.Vt.1991); Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). Valdez moved the Court for release under the special circumstances doctrine. Cruz describes his mistreatment and torture at the hands of the Mexican authorities. Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . When he appeared in court, the judge also noted, on the record, residual signs of physical injury. mayo 9, 2022. [32] Respondent also argues that the statements of Francisco Cabrera Castro and Edgar Alejandro Gonzalez Gonzalez offered by Mexico were also "extracted" by torture. 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. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. 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. The credible evidence, satisfies Mexico's burden in this respect[44]. Publicado: 5/6/2021 7:10:25 PM. Mr. Valdez became a top operative in the organization, arranging drug . Valdezs attorney said some of the statements were extracted under torture. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. 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. The holding in Gallina, however, offers no support for Valdez' claim. (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.