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. 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. Prior to the June 30, 1997 evidentiary hearing on the extradition requests, there were numerous other filings by the United States and by counsel for the detainee as well as several status hearings. Gerardo Cruz Pacheco, a former presidential security guard, told Mexican officials he helped the gunmen escape after the Holiday Inn murder by forming a wall of cars as they drove off. They are: (1) Ministerial Statement of September 27, 1996, at 1140 a.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor, in Guadalajara, Mexico; (2) Additional Ministerial Statement of September 27, 1996, at 6:30 p.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor, in Guadalajara, Mexico; (3) Additional Statement of September 30, 1996, at 9:00 p.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor in Mexico City, Mexico; and. Citations Copy Citation. Valdez and Martinez then fled the Holiday Inn in the white Volkswagen. All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. Miranda also identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74. [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]. Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. [5] This Declaration is filed in Case No. The Treaty between the United States and Mexico calls for probable cause to be measured by the standards established in the requesting country. 777(N.D.Cal.1985). Los narcojuniors . [25] While there is no corroborating evidence outside of this declaration itself, that Mr. Curiel was in fact an agent of Mexico under the mutual legal assistance treaty, nor was a copy of that treaty provided, this evidence is received over respondents objection and pursuant to Article 10(6) of the Treaty and 18 U.S.C. 834 F.2d 1444, 1453. On July 29, 1997, Respondent filed a Motion to Reopen Evidence in this matter. Neely v. Henkel, supra. There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. 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. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . California. United States v. Manzi, 888 F.2d 204, 206 (1st Cir. [30] These statements challenge the "motive" for the Gallardo murder as stated by Cruz and Miranda. On September 30, 1996, the United States Attorney's Office for the Southern District of *292 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"). 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, 1464 (S.D.Tex.1992). Print material from AMNESTY INTERNATIONAL has also been filed. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. 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. The court denied the writ. Appellant asked the Court of Appeals to stop his extradition because he had been convicted in absentia in Italy and, therefore, would be imprisoned without trial, be unable to confront his accusers and would not be able to conduct a defense. An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. 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. 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. 00:15. 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. This document is submitted to be from the files in the prosecution of General Gutierrez Rebollo, by the Republic of Mexico, in Mexico. Fue en una de las celebraciones que conocieron a Emilio Valdez Mainero, el hijo de un coronel que en su momento fue miembro de los guardias presidenciales. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. is indoor ice skating safe during covid; most common super bowl final scores; lynette woodard spouse; reelfoot lake fishing guides; emilio valdez mainero. Through observation and discussion, he became privy to the knowledge set forth. United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). (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). 672, 685 (S.D.N.Y.1978), aff'd, 619 F.2d 167 (2d Cir.1980), citing Collins, supra, 259 U.S. at 316. 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. 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). 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. He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. 1136 (1916). In re Petition of France for Extradition of Sauvage,819 F. Supp. [13] The diplomatic note related to the initial firearms charge[14] and the criminal association charge. Ejecutivo Mercantil Autr. Another Mexican, questioned by prosecutors while in the intensive care unit of a San Diego hospital, said the hit on the 50-year-old Ibarra was planned carefully by Arellano organization members. Gill v. Imundi,747 F. Supp. 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. The case against the implicated juniors spilled into U.S. courts after the Sept. 30 arrest of Emilio Valdez Mainero, 32, the baby-faced son of a deceased army colonel from Tijuana who, his widow . Tambin se encontraban en este grupo 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 the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. Quines son los narcojuniors en los que est basada la historia . 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. 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. I Background Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. La pequea y poco conocida . January 1997: Hodin Gutierrez Rico, a . 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. In Matter of Extradition of Lui Kin-Hong,939 F. Supp. The various activities included a number of incidents of transportation of illegal drugs and homicide. 937 (D.Vt.1991); Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). While obviously nervous as he recounts the AFO's activities, there are no signs of physical abuse or manifestations consistent with psychological pressure or duress. Lastly, there is no authority that requires a magistrate judge to compel disclosure of explanatory information. 1996) on CaseMine. In the Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996. Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. 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. That conclusion is based on the following analysis. 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. The court, for reasons explained below, grants the petition, finding the detainee extraditable. But the deal fell apart when the other inmate couldn't pay the promised . 2d 61 (1970). Por Investigaciones ZETA. 96-1798-M. United States District Court, S.D. 3190. Based on case authorities Respondent's Motion in this regard is denied. Cruz describes his mistreatment and torture at the hands of the Mexican authorities. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. The documents were filed by Mexican authorities seeking extradition of two men -- Emilio Valdez Mainero, 32, and Alfredo Hodayan Palacios, 25 -- alleged to be hit men for the Arellano Felix brothers. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). The credible evidence, satisfies Mexico's burden in this respect[44]. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 30). [32] Respondent also argues that the statements of Francisco Cabrera Castro and Edgar Alejandro Gonzalez Gonzalez offered by Mexico were also "extracted" by torture. Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. Publicado: 5/6/2021 7:10:25 PM. [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. Miranda's statement was given to an officer of this Court. 44). Miranda added that the motivation for assassination was that Gallardo had threatened Gabriel Valdez Mainero (Emilio Valdez Mainero's brother) with a firearm.[26]. The power to make treaties is constitutionally invested in the executive branch of the United States government. The holding in Gallina, however, offers no support for Valdez' claim. The certificate is forwarded to the Department of State. This assertion relates specifically to the supplemental filing of evidence regarding the first degree murder charge on January 14, 1997 and the weapons charge related to the events and circumstances of April 9, 1996. 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. Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. 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. 24). He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". Quines son los narcojuniors en los que est basada la historia . Buscar. The statement is a summary of what Alejandro described to his family and includes information related to meeting General Gutierrez Rebollo as well as contact with DEA and FBI agents who pressured him to sign a confession in exchange for removal from Mexico and protection thereafter. 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. LOS NARCOJUNIORS. The physical description of Emilio Valdez Mainero, "El C.P." or "Cabeza de Perro," is the following: 30 years old, 1.77 or 1.76 meters, heavy build, white skin, short straight hair which . 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. 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 . Appellant then filed a writ of habeas corpus with the district court. 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]. 290 (S.D.Cal.1996). 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. Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. 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. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. 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). de Sicor 1 Acdo. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. [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. 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. Miranda stated that the murder took place the first part of April 1996, at the Holiday Inn in Toluca. 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. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. Get free summaries of new Southern District of California US Federal District Court opinions delivered to your inbox! 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 two cars stopped in the village of San Mateo Atenco. R.Crim.P. The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge Respondent's reliance upon Article 11, Paragraph 3, is misplaced. 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. Garcia-Guillern v. United States, 450 F.2d 1189, 1192 (5th Cir. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. When the two cars arrived at the Holiday Inn in Toluca, Valdez got out of the white Volkswagen and told Contreras, "Be, cautious, wait for me here and when you see us going out from the parking lot in the white Volkswagen, you should form a `wall' so that we cannot be followed.". Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." 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. 20, 2013) From Casetext: Smarter Legal Research. 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. There is no evidence, however, in this regard. Galanis v. Pallanck, 568 F.2d 234 (2d Cir.1977); Sayne v. Shipley, 418 F.2d 679 (5th Cir.1969) cert. [42] The response from Mexico indicates that closed proceedings related to General Rebollo are ongoing in Mexico and that Ruiz is a witness therein. 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. 956 (1922). 568 (S.D.N.Y.1979). 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. *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. 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. 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. His body was found in Osmun Lake in Pontiac on June 7, 2018 but no arrests were made until April 8 of this year. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. The suggestion of torture is certainly present in the record. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. 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". The indicia of reliability is in favor of the formal statements given to the Mexican authorities by Soto and Cruz and not their in court "recantations." A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. Aparte de Kitty 'Pez', los que formaron el grupo de los "Narcojuniors" fueron Emilio Valdz Mainero, hijo de un guardia presidencial; Alfredo Hodoyan Palacios, hijo de un importante empresario . ), 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. 956 (1922). 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. There is no prohibition against hearsay in the extradition context because the Federal Rules of Evidence, which proscribe hearsay, do not apply to extradition. The Ninth Circuit has labeled the above statement from Gallina as speculation. In the final analysis, this Court is required to look at the indicia of reliability with regard to the persuasiveness of this evidence. The charge related to the 1994 event has been abandoned. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 1989), cert. Another court has correctly characterized the above sentence from the Second Circuit as "dicta." 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. 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. 448 (1901). Fed.R.Evid. According to the allegations, earlier on April 9, 1996, Valdez, Martinez, and Isaac Contreras Ayala, aka "Calaco", (hereinafter "Contreras") were awaiting the arrival of Gerardo Cruz Pacheco, aka "Capitan", (hereinafter "Cruz") at the Glorieta del Angel. 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. 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 respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. 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. The Court is not limited in its receipt of this evidence by virtue of the lack of certification. Emilio Valdez Mainero met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. Matter of Extradition of Koskotas, 127 F.R.D. The others drove in a white Volkswagen. Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). 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. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. Mexico more correctly characterizes the Ruiz statement as a summary of statements by Seargent Ruiz. 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. 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. 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. [31] See discussion at page 1213, line ___, et seq. The two perpetrators escaped in a white Volkswagen. Sign up for our free summaries and get the latest delivered directly to you. 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales.
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