[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. 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. According to testimony given to Mexican authorities, the Arellanos _ led by brothers Benjamin, Ramon, Javier and Francisco _ have been able to coordinate major assassinations with the aid of the attorney general of Baja California, Jose Luis Anaya Bautista. [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. Specifically, the tape of the interview with Miranda, all notes and interview sheets, and documentation concerning Assistant United States Attorney Curiel's agency on behalf of Mexico. Republic of France v. Moghadam,617 F. Supp. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . (4) Alejandro Enrique Hodoyan Palacios In his November 30, 1996 deposition, Alejandro not only discussed the murder of Gallardo and Sanchez, but he also discussed other criminal activity involving the AFO and including the activities of Respondent Valdez. Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Respondent's discovery request in this regard is denied. Miranda added that the motivation for assassination was that Gallardo had threatened Gabriel Valdez Mainero (Emilio Valdez Mainero's brother) with a firearm.[26]. Valdez also faces charges of arranging the sale of a kilogram of heroin to a fellow inmate through friends outside prison. The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. 0. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). (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. 1280 (D.Mass.1997) but reversed on appeal. "Chef" ("Soto") In his September 27, 1996 declaration before an agent of the Mexican Federal Public Prosecutor, Soto recalled an incident in which Valdez, Ramon Arellano Felix and other members of his organization met at a house rented by Valdez in Mexico City. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. 96-1798-M. United States District Court, S.D. 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. [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. 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. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). During the meeting, the group discussed their plans to kill enemies of their interests, including Amado Carillo, a rival drug trafficker. 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. Background. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 777 (N.D.Cal.1985). Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. 448 (1901). 956 (1922), In re Locatelli,468 F. Supp. Hodoyan haba estudiado en una . When he appeared in court, the judge also noted, on the record, residual signs of physical injury. According to statements filed in federal court in San Diego, Ibarras assassination Sept. 14 was committed by members of the Arellano Felix drug organization and coordinated by the attorney general of Baja California. Quines son los narcojuniors en los que est basada la historia . Article 11, itself, cites that urgency to arrest and detain an individual supports this initial procedure. This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. 1462, 1469 (S.D.Tex.1992). United States District Court, S.D. 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 Henain Meza Castaos, Gustavo Miranda Santa Cruz y Fabin Martnez. [42] The response from Mexico indicates that closed proceedings related to General Rebollo are ongoing in Mexico and that Ruiz is a witness therein. 448 (1901). 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. 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. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). 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. 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. Miranda stated that the murder took place the first part of April 1996, at the Holiday Inn in Toluca. 2d 476 (1968), is also unpersuasive in this regard. Soto extensively describes other, numerous criminal activities of the AFO. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Los narcojuniors reales de Tijuana. The certificate is forwarded to the Department of State. The two cars stopped in the village of San Mateo Atenco. [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. 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. 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. Publicado: 5/6/2021 7:10:25 PM. denied, 398 U.S. 903, 90 S. Ct. 1688, 26 L. Ed. ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. 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. Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. 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). Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. Concerning the murder and firearms charge, it is alleged that on April 9, 1996, at approximately 9:30 p.m., in the restaurant at the Holiday Inn in Toluca, Mexico, Jesus Gallardo Vigil, aka "El Bebe", (hereinafter "Gallardo"), and Jesus Sanchez Angulo (hereinafter "Sanchez") were shot and killed by Respondent and Fabian Martinez Gonzalez, aka "Tiburon", (hereinafter "Martinez"). *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. 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. 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. As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. 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"). Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). The Supplemental Complaint charged Respondent with criminal association under Article 164, paragraph 1 and Article 13, section 2 of the Penal Code for the Federal District. [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. California. Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. Miranda's testimony is not only generally consistent with the statements of others, but is based upon his acquaintance and involvement with the individuals described therein. The essential question is whether the indicia of reliability is on the recantation or the initial statement. 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. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. Ramn, "el Mon", organizaba las fiestas para localizar a sus objetivos y en una de ellas conocieron a Emilio Valdez Mainero, hijo de un coronel miembro de la Guardia Presidencial en la poca. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. [23] Cruz made several statements relative to this matter. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. 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. You're all set! Mr. Valdez was referred to as "El Cabezon", "C.P. The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. The Court may act upon unsworn statements of absent *1223 witnesses, although they could not have been received by the judge under the law of the state in a preliminary examination. 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. 54(b) (5). Quines son los narcojuniors en los que est basada la historia . Since the evidence was undisputed it is not detailed extensively herein. 2d 208. 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. Tambin as reclutaron a Alfredo Hodoyan Palacios, hijo de un empresario de Tijuana, quien comenz a pasar droga sin levantar sospechas pues era . 611 (S.D.N.Y.1985). Sign up for our free summaries and get the latest delivered directly to you. *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. In the Matter of the Extradition of Contreras,800 F. Supp. The 33-year-old Mexican . No case authority is offered in this regard. These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. 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. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge 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. Miranda was granted "use immunity" for giving the statement. The Department of States's opinion is entitled to deference. In Quinn v. Robinson, 783 F.2d 776, 815 (9th Cir.1986), the Ninth Circuit reaffirmed that hearsay evidence that would be inadmissible for other purposes is admissible in extradition hearings. 5.1 is without authority and is unavailable in any event under prevailing authority. Cruz also said he transported weapons used in Ibarras slaying. 830 (1911). 25. 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. He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. 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]. No charges have been filed against Anaya, and he denies the allegations. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. This resulted in the arrest of Valdez on September 30, 1996. The United States, in fact, complied with Article 11, Paragraph 3, by its initial filing of diplomatic note 001831, on November 25, 1996 with the U.S. Embassy in Mexico. 1462, 1469 (S.D.Tex.1992). October 21, 1996. Mexico more correctly characterizes the Ruiz statement as a summary of statements by Seargent Ruiz. 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. The various activities included a number of incidents of transportation of illegal drugs and homicide. 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. denied, 405 U.S. 989, 92 S. Ct. 1251, 31 L. Ed. *1226 In the final analysis, the Ruiz declaration is inadmissible given the lack of authenticity, certification or reliability and does little to support the recantations of Soto and Cruz. These statements do not add a great deal to Mexico's case regarding this Respondent. Miranda also declared that Valdez had told him he and Fabian Reyes Partida, aka "Domingo", (hereinafter Reyes) had assassinated Jesus Romero Magana because he was investigating Valdez' criminal activity.