Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. Nobody threatens my brother because the moron who does it, dies.". [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. 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]. 577 (1901). The law limits extradition to circumstances where the Treaty is in full force and effect. Buscar. 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. California. For this reason, Respondent's challenge in this regard is denied. [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. Case Number: 97CR2149 JM (S.D. There was no mention of the lost eye in the medical exam performed by the Republic of Mexico or during the court proceedings where the alleged recantation took place. 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"). The murder and conspiracy offenses, above described, survive the Respondent's challenge. 896 (S.D.Cal.1993). The essential question is whether the indicia of reliability is on the recantation or the initial statement. 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. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. Kitty Pez, el narcojunior real que interpreta Bad Bunny en "Narcos [42] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION (Docket No. [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. Soto acknowledges having signed the statement as well as affixing his fingerprints. The Treaty between the United States and Mexico calls for probable cause to be measured by the standards established in the requesting country. 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. Additional documentation[4] (specifically related to the first degree murder and carrying a firearm exclusive to the Army, Navy and Air Force) were submitted by diplomatic note No. Ejecutivo Mercantil Autr. Specifically, their testimony is summarized as follows: A. Gerardo Cruz Pacheco, aka "Capitan," On October 12, 1996 at 1:00 p.m.,[23] Gerardo Cruz Pacheco, aka "Capitan," (hereinafter "Cruz"), made a signed statement before Alma Leticia Lares Tenorio, an agent of the Mexican Federal Public Prosecutor. By Molly Moore. These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. Emilio Valdez - Lake Ridge Chapel & Memorial Designers Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. 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. 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 . 5.1 is without authority and is unavailable in any event under prevailing authority. MAINERO v. GREGG (1999) | FindLaw During the meeting, the group discussed their plans to kill enemies of their interests, including Amado Carillo, a rival drug trafficker. Matter of Extradition of Mainero, 990 F. Supp. 1208 - CourtListener He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. As earlier stated, the circumstances of Alejandro's testimony are not suggestive of torture, coercion or duress. The Ruiz statement also describes the "detention" of Alejandro and Francisco Cabrera Castro, aka "Piedras". [25] Miranda testified based upon his acquaintance with the individuals described in his statement, his personal presence at various of the events and circumstances described and conversations with the involved individuals. The witnesses go on to attribute a number of other incidents based upon their personal knowledge occurring since 1994 which are competent for a finding of probable cause on this charge as well. According to testimony given to . This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. Appellant then filed a writ of habeas corpus with the district court. These statements are also corroborated in significant part by Alejandro's declaration. La pequea y poco conocida . Get free access to the complete judgment in MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. Judge Attacked By Trump Has Long History of Serving His Country The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue . 39); and, SUPPLEMENTAL ORDER DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 12, 1997 (Docket No. It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. You're all set! [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). 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. [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. Connect with the definitive source for global and local news. 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. Ahora me siento segura ya que me entero inmediatamente de todo lo que sucede, inclusive antes que mi abogado y que el abogado de . Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. The statement by Cruz to the federal prosecutor did indicate that Cruz had suffered recent physical injury. When he appeared in court, the judge also noted, on the record, residual signs of physical injury. Miranda was granted "use immunity" for giving the statement. Tambin as reclutaron a Alfredo Hodoyan Palacios, hijo de un empresario de Tijuana, quien comenz a pasar droga sin levantar sospechas pues era . EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . 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. In support of its extradition request on the charge of criminal conspiracy, Mexico has provided, among other things, the following sworn, certified and authenticated witness statements which detail Valdez' membership and participation in the Arellano Felix drug trafficking organization: (1) Gerardo Cruz Pacheco aka "Capitan". *1229 The testimony of the various witnesses, including Miranda and Alejandro provide competent evidence for an assessment of probable cause to believe that the crime of criminal association (conspiracy) has been committed and that Respondent is involved therein. In the absence of legal authority to support the court's ability to find the treaty invalid for changed circumstances or that the purpose and intent of the parties in this instance is materially different, Respondent's position in this regard is rejected. The certificate is forwarded to the Department of State. 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. In re Petition of France for Extradition of Sauvage,819 F. Supp. [38] These are the same statements offered in this matter to support the request for extradition. 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. Por Investigaciones ZETA. "Lobo" Hodoyn obtiene libertad - Semanario ZETA Mexico Wins Extradition of Two Defendants From U.S. for Drug-Killing [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. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. Background. En 1995, su reinado lleg a su fin. 1978). Ellos son los narcojuniors reales de Narcos Mxico 3 - Soy502 Los narcos asesinan, se ren y despus se van a cenar Support for its origin is suggested from a New York Times article[40]. Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). 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. When arrested, Gallardo said that the marijuana belonged to Benjamin Arellano Felix, which caused the issuance of an arrest warrant for Benjamin Arellano Felix. 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. One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. 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. But the deal fell apart when the other inmate couldn't pay the promised . Los narcojuniors . Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. United States District Court, S.D. A great number of questions exist, and many questions remain unanswered in this case. The complaint . The . In the statement to the judge, with the assistance of counsel, Cruz was asked by the Court if he desired to make a statement concerning the facts that are attributed to him in the subject statement. Treaties, by design, live well beyond the administration involved in their enactment. [18] In the original request, Mexico sought extradition on the firearm offense related to events and circumstances alleged to have occurred on April 13, 1994. ), 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. one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; [38] Specifically, Cruz was charged with homicide and Soto was charged with possession of various *1224 weapons, and a narcotics related offense (possession of marijuana). The various activities included a number of incidents of transportation of illegal drugs and homicide. Respondent's roles and activities in these regards is specifically referenced. [41] The statement of Francisco Cabrera Castro, aka "Piedras" is offered in the Extradition of Alejandro Hodoyan Palacios, 96mg1828 AJB. Emilio Valdez passed away Saturday, August 31, 2019. As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. Extradition case of Mexican men reveals details of vicious drug gang Each "recantation" is essentially a denial of the former statement(s) in their entirety and an allegation of torture and abuse at the hands of the Mexican authorities. Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). Valdez and Martinez then fled the Holiday Inn in the white Volkswagen. 33. [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. They are: (1) The Statement of October 12, 1996 at 1:00 a.m. in Mexico City; and. at 952. Mexico more correctly characterizes the Ruiz statement as a summary of statements by Seargent Ruiz. Caso Blancornelas - activoforo.com 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. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. Recanting statements are relevant in these proceedings as they affect probable cause. *1220 At approximately 9:30 p.m., Cruz, who was about twenty meters away from the entrance of the Holiday Inn heard several firearms shots. 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. Quines son los narcojuniors reales de Narcos Mxico 3? Print material from AMNESTY INTERNATIONAL has also been filed. 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. 253 (1910); Rice v. Ames,180 U.S. 371, 21 S. Ct. 406, 45 L. Ed. 2d 61 (1970). [30] Respondent's Exhibits H, I and J, respectively, docket No. 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. In the Matter of Extradition of Contreras,800 F. Supp. 568 (S.D.N.Y.1979). Under United States law, (i.e., California Penal Code 187-199) murder is unlawful and similarly defined. The Ninth Circuit held that "[t]his contention lacks merit because under general extradition of the United States and under the provisions of Treaty, the hearsay statements Keller summarized in his affidavit are competent evidence." You already receive all suggested Justia Opinion Summary Newsletters. 1989), cert. Tijuana Cartel Escalates Violence Along Border Mexican law defines murder (or homicide) as taking the life of another (Article 302). Mexican Tale: Drugs, Crime, Torture and the U.S. ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. [19]Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. Sign up for our free summaries and get the latest delivered directly to you. 25. Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. The United States has filed videotapes of Alejandro's November 30, 1996 deposition. Respondent also asserts that not only have the governing administrations changed in Mexico and the United States since the 1978 signing of the Treaty, but the purpose and intent of the parties is materially different from what it was at the time the Treaty was signed. [30] These statements challenge the "motive" for the Gallardo murder as stated by Cruz and Miranda. 18 U.S.C. 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 . 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. He later was charged with several murders, including Ibarras. 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. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). 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. As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. 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. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. C. Fausto Soto Miller, aka "Chef" In his September 27, 1996[27] declaration before an agent of the Mexican Federal Public Prosecutor, Fausto Soto Miller, "Chef," (hereinafter *1221 "Soto") stated that he was aware of the personal problems between Valdez and Gallardo, arising out of a threat with a firearm against Gabriel Valdez made by Gallardo. 1462, 1469 (S.D.Tex.1992). Officials Link Ensenada Massacre to Drug Feud - Los Angeles Times [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. 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. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. The Department of States's opinion is entitled to deference. Negocia "El Caballo" inmunidad con EU - Periodico El Vigia Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. Respondent's objections to this evidence and his explanatory evidence have already been addressed, and rejected. [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. Citations Copy Citation. 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. Cruz admitted his own involvement in the criminal activities of Valdez and the AFO and admitted that he was paid to assist them in killing the enemies of Ramon Arellano-Felix. See footnote 10. DRUG GANG'S LONG ARM GRIPS MEXICO - The Washington Post 563, 572 *1219 (S.D.N.Y. 3184, et seq., in order to extradite the Respondent, the United States, on behalf of the Republic of Mexico, must establish that: (1) The judicial officer is authorized to conduct extradition proceedings; (2) The court has jurisdiction over the respondent; (3) The applicable treaty is in full force and effect; (4) The crimes for which surrender is sought are included within the terms of the treaty; and. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Pursuant to an extradition treaty between Mexico and the United States, Treaty 31 UST 5059, TIAS 9656 ("Treaty"), and under federal laws supplementing and implementing such treaties, 18 U.S.C. The cohorts also said the Arellanos had on their payroll Mexican immigration agents who waved cocaine shipments across the border. 934 (D.Mass.1996). El Lobo was captured in the United States together with Emilio Valdez Mainero "El Radioloco", they were extradited to Mexico in January of 1998 and also sent to Altiplano at Almoloya de Juarez. MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. 1996) The government's request for the stay was denied sustaining Respondent's objection and request to proceed. (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). Matter of Extradition of Mainero, 990 F. Supp. 1208 (S.D. Cal. 1997) There, Valdez told the group, "`The Baby' paid me off. Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. No precise authority is offered in regard to this premise. In Shapiro v. Ferrandina,355 F. Supp. [20] i.e. [48] Authority for this proposition is gathered from dicta in some case law in that there is no direct authority for this proposition. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. [23] Cruz made several statements relative to this matter.

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