No case authority is offered in this regard. No. Conoce a Kitty Paez, el narcojunior al que dio vida Bad Bunny este 2021 The contours do not lend themselves, nor invite the type of inquiry required to evaluate the humanitarian concerns of the magnitude suggested by Respondent. 1101(d) (3); and Fed. *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. 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. 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 precedent of the long line of cases discussed above, supports the proposition that the consideration of a "humanitarian exception" should be left to the Department of State where it rightly belongs. In the supplemental request for extradition filed in January, 1997, the facts supporting the firearms offense were related to the first degree murder of Mr. Gallardo and Mr. Sanchez alleged to have occurred on or about April 9, 1996. Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. 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. (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. The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. Miranda also stated that in 1992, Valdez was in charge of cocaine trafficking, and that later, Valdez trafficked in 200 to 400 kilogram shipments of marijuana for the AFO. The environment where the deposition was taken is not suggestive of any coercive circumstances. Under Article 10 of the Treaty, the request for extradition is required to contain the description of the offense for which extradition is requested and shall be accompanied by: (1) A statement of the facts of the case; (2) The text of the legal provisions describing the essential elements of the offense; (3) The text of the legal provisions describing the punishment for the offense; (4) The text of the legal provisions relating to the time limit on the prosecution of the offense; and. 563, 572 *1219 (S.D.N.Y. 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. 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. The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. If reliable, the recantations and the Ruiz statement would be evidence which would undermine the voluntariness of the statements offered by Mexico in their case in chief, and as a result, the evidence in support of probable cause for extradition. 1462, 1469 (S.D.Tex.1992). In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. Miranda declared that Valdez and Martinez committed the murder of Gallardo. [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]. denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. "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. El Cocinero confesses about FBI Top Ten Most Wanted's Arellano Felix QUIERE LIBERTAD, DEBE VIDAS - Semanario ZETA 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. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. DRUG GANG'S LONG ARM GRIPS MEXICO - The Washington Post Fabin Martnez remplaz en el cargo a Emilio Valdez Mainero, El CP, y adems compadre de Ramn Arellano Flix, luego que aqul fue arrestado en 1996 en San Diego, California, y condenado a 30 aos de prisin por delitos relacionados con trfico de cocana y herona hacia Estados Unidos. 3184, et seq. The United States has filed videotapes of Alejandro's November 30, 1996 deposition. This latter evidence also results in a finding that any hostile action taken toward Alejandro and resulting in his disappearance and murder was more likely than not prompted at the direction of the AFO and not Mexico. 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. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. 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 drove in a white Volkswagen. Matter of Extradition of Mainero, 990 F. Supp. 1208 - CourtListener The court, for reasons explained below, grants the petition, finding the detainee extraditable. From Pampered Sons To Hit Men? - The Seattle Times Respondent's reliance upon Article 11, Paragraph 3, is misplaced. There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. Otro de los reclutados fue Alfredo Hodoyan Palacios, quien era hijo de un empresario prominente en Tijuana. denied, 405 U.S. 989, 92 S. Ct. 1251, 31 L. Ed. Buscar. emilio valdez mainero - reyasroom.com 956 (1922). 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. Article 11, itself, cites that urgency to arrest and detain an individual supports this initial procedure. Valdez also faces charges of arranging the sale of a kilogram of heroin to a fellow inmate through friends outside prison. Recanting statements are relevant in these proceedings as they affect probable cause. Defense counsel was provided for Mr. Soto for purposes of his testimony. 777(N.D.Cal.1985). 000012 dated January 3, *1213 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. 3188 for a similar proposition. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. 1462, 1464 (S.D.Tex. A certified copy of the extradition Treaty between the United States of America and Mexico of May 4, 1978 *1217 (TIAS 9656) was submitted by the United States in support of its position that the Treaty is presently in full force and effect. 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". *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. 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". Gill v. Imundi,747 F. Supp. A full review of the evidence, however, is the provence of the trial court in the requesting nation. 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. Mar. The authority of a magistrate judge to conduct the proceedings is provided by 18 U.S.C. Under Article 10(7) of the Treaty, the probable cause determination is to be made in accordance with the laws of requested party (here, the United States). Id. 1996) on CaseMine. In the final analysis, this Court is required to look at the indicia of reliability with regard to the persuasiveness of this evidence. Mexico), they could have easily added that provision. View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. In the Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996. 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. 672, 685 (S.D.N.Y.1978), aff'd, 619 F.2d 167 (2d Cir.1980), citing Collins, supra, 259 U.S. at 316. 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. The suggestion of torture is certainly present in the record. Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. 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. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. 290 Brought to you by Free Law Project, . Mexico also takes the position that the statement is inaccurate and not properly certified or executed. Defense counsel was provided for Mr. Cruz. Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. At the time, Emilio Valdez Mainero, a member of the Arellano Flix cartel, said in a bugged conversation with a inmate-turned-informant that he wanted to kill Curiel. Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. 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. In the Matter of Extradition of Contreras,800 F. Supp. The . Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. 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. Mexico also cites the medical examination of Soto following the September 27, 1996 statements concluding that there were no traces of any recent physical wounds. 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. 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. These issues were analyzed under that premise. Los narcojuniors reales de la serie 'Narcos Mxico 3' Treaties, by design, live well beyond the administration involved in their enactment. When he appeared in court, the judge also noted, on the record, residual signs of physical injury. En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue . Negocia "El Caballo" inmunidad con EU - Periodico El Vigia 00:15. 23. Arnbjornsdottir-Mendler v. United States, 721 F.2d 679, 683 (9th Cir. 896 (S.D.Cal.1993). 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 . Respondent urges that this Court decline extradition based upon a "humanitarian exception" in that he is likely to be tortured based upon his alleged relationship to the Arellano-Felix brothers. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". United States v. Taitz, 130 F.R.D. They are under a compelled setting initiated by Mexican judicial authorities (as opposed to a self directed recantation by the declarants) and are no greater than a plea of not guilty when analyzed to similar proceedings under United States law. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. Quin era 'El Kitty', narcojunior interpretado por Bad Bunny? Id. [48] Authority for this proposition is gathered from dicta in some case law in that there is no direct authority for this proposition. 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. Citations Copy Citation. It is argued that Vasquez suffered similar mistreatment at the hands of the Mexican authorities and had recanted the statement attributed to him in Mexico's case in chief. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". 611 (S.D.N.Y.1985). 1978). (2) A Preparatory Statement of October 13, 1996, at 7:50 p.m. made before the First District Judge of Federal Criminal Proceedings in the State of Mexico, at the Federal Center for Social Rehabilitation Number 1, in Judicial Proceedings Courtroom Number One. 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. [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. Cartel Suspect Admits Plotting Cocaine Deal - Los Angeles Times At approximately 9:30 p.m. Valdez and Martinez encountered Gallardo whom Valdez planned to assassinate. [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. United States v. Kin-Hong, 110 F.3d 103 (1st Cir. As earlier stated, the circumstances of Alejandro's testimony are not suggestive of torture, coercion or duress. He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. Respondent's roles and activities in these regards is specifically referenced. Print material from AMNESTY INTERNATIONAL has also been filed. SAN DIEGO (AP) _ Ernesto Ibarra Santes, the federal police commander in Tijuana, Mexico, fearlessly vowed to topple a vicious drug organization that controls the busiest cocaine corridor into the United States. The 33-year-old Mexican . 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). The March 3, 1997 date is taken from the first line of the document. 442 (S.D.Cal.1990). Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. [20] i.e. 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 . Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. In the Matter of Extradition of Contreras,800 F. Supp. 934 (D.Mass.1996). A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. United States District Court, S.D. Seeing no one in pursuit, Cruz followed the white Volkswagen in the navy blue Cutlass. [15] The Treaty, in Article 11, and 18 U.S.C. 5.1 is without authority and is unavailable in any event under prevailing authority. 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. 33) which is similarly denied for the reasons stated. mayo 9, 2022. 1462, 1469 (S.D.Tex.1992). United States v. Valdez-Mainero - casetext.com There is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. This element was not challenged by the Respondent. There is no evidence, however, in this regard. 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. Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. Magistrate No. Mexico takes issue with the March 3, 1997 declaration, noting that it was not signed by the declarant, nor is part of an official proceeding or under penalty of perjury. Extradition of Kraiselburd, 786 F.2d 1395, 1399 (9th Cir.1986). EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. *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. Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities. Emilio Valdez Mainero met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. Background. ), 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. 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. Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. Respondent's request for discovery is denied. Republic of France v. Moghadam,617 F. Supp. In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. These statements do not add a great deal to Mexico's case regarding this Respondent. 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. 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. Elias v. Ramirez,215 U.S. 398, 30 S. Ct. 131, 54 L. Ed. 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. The evidence tying Valdez to the murder of Gallardo and Sanchez itself, given the numbers of other individuals involved, supports the criminal association charge. Tijuana Cartel Escalates Violence Along Border Kitty Pez, el narcojunior real que interpreta Bad Bunny en "Narcos Neely v. Henkel, supra. Ante una posible enfermedad terminal, Benjamn Arellano Flix pretende obtener una liberacin humanitaria, y no pagar la pena de 25 aos de prisin en Estados Unidos. 5.1 is denied. 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.Ms tarde contactaron . The statement by Cruz to the federal prosecutor did indicate that Cruz had suffered recent physical injury. *1214 (3) First Degree Murder of Jesus Gallardo Vigil and Jesus Sanchez Angulo in violation of Article 302; Article 303, Sections I and III, Article 315 and Article 320 of the Penal Code for the Federal District. 3184. Matter of Extradition of Koskotas, 127 F.R.D. This document is submitted to be from the files in the prosecution of General Gutierrez Rebollo, by the Republic of Mexico, in Mexico. 1989), cert. [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. [47] Alejandro's testimony also implicates his brother concerning the involvement with the AFO, which relates to the pending extradition of Alfredo Hodoyan-Palacios, 96mg1828(AJB). [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. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. The request for a provisional arrest is based, in significant part, upon the existence of a warrant for the fugitive's arrest issued in the district of the authority making the request and charging the fugitive with a commission of crime for which his extradition is sought to be obtained. (4) Preparatory Statement of October 2, 1996, at 6:00 p.m. before the District Judge of the Federal Criminal Proceedings in the State of Mexico, at the Federal Center for Social Rehabilitation Number 1, in Judicial Proceedings Courtroom Number One. Finally, the scope of admissible evidence in an extradition hearing is guided by the distinction between contradictory and explanatory evidence. Background. Under United States law, (i.e., California Penal Code 187-199) murder is unlawful and similarly defined. at 77, 78. 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. This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. 956 (1922). The interests of Mexico were represented by the United States through the United States Department of Justice, by United States Attorney Alan D. Bersin and Assistant United States Attorney Gonzalo P. Curiel.