There, Valdez told the group, "`The Baby' paid me off. 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. Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. 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 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. (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. Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). [48] Authority for this proposition is gathered from dicta in some case law in that there is no direct authority for this proposition. 12). 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. The Court denied the motion.[3]. The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. Specifically, Respondent sought "all witness statements submitted in General Gutierrez Rebollo's case to determine whether or not there is additional relevant testimony." In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". Specifically, the Court ordered the United States to file copies of videotapes of Alejandro Hodoyan's deposition; evidence including Respondent's statements regarding the circumstances surrounding the 1997 abduction of Alejandro Hodoyan and the genesis of the March 3, 1997 declaration by Alejandro Hodoyan;[5] and, all statements, recordings, transcriptions and memoranda of interviews by the assistant U.S. Attorney and federal agents of Alejandro Hodoyan. The various activities included a number of incidents of transportation of illegal drugs and homicide. MAINERO v. GREGG (1999) | FindLaw [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]. There is no evidence to suggest that the United States no longer honors the treaty or that its purpose and intent are no longer served. [9] See ORDER DIRECTING THE FILING OF ADDITIONAL EVIDENCE filed October 23, 1997 (Docket No. [42] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION (Docket No. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). [45] The physical injuries to Cruz are certainly suspicious in this regard. 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). Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. La pequea y poco conocida . 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. Extradition case of Mexican men reveals details of vicious drug gang The Department of States's opinion is entitled to deference. You already receive all suggested Justia Opinion Summary Newsletters. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. The court, for reasons explained below, grants the petition, finding the detainee extraditable. The date of production for the photographic evidence was set for November 5, 1997[9] and later extended with properly authenticated and certified originals being filed on December 1, 1997. They are: (1) The Statement of October 12, 1996 at 1:00 a.m. in Mexico City; and. *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. 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). Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. 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. 33) which is similarly denied for the reasons stated. Court documents say the threat against assistant U.S. Atty. No charges have been filed against Anaya, and he denies the allegations. 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. 5.1 is denied. Barrett v. United States, 590 F.2d 624 (6th Cir. (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. The holding in Gallina, however, offers no support for Valdez' claim. The Court is not limited in its receipt of this evidence by virtue of the lack of certification. Quines son los narcojuniors de Narcos Mxico en la vida real As a society we cannot suspend that concept by virtue of the interest of a foreign nation in the extradition of an United States citizen, the heinous nature of the offense notwithstanding. Seeing no one in pursuit, Cruz followed the white Volkswagen in the navy blue Cutlass. He states that the reason that Gallardo was murdered was because he had allowed "Chapo Guzman" into the territory of Tijuana to deal drugs and push out Benjamin Arellano Felix. 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. En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. 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. Recanting statements are relevant as they affect probable cause, but a showing that the prior statement is coerced and that indicia of reliability is on a subsequent recantation is the appropriate point of analysis on this issue. The Secretary of State makes the ultimate decision on whether to surrender the Respondent. 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]. Respondent's roles and activities in these regards is specifically referenced. Emilio Valdez Mainero declara que en mayo de 1992, l, Arturo "Kitty" Pez Martnez, Fabin Martnez Gonzlez "El Tiburn", David Barrn Corona y Jorge Alonso, fueron a buscar para matarlo, a Ricardo Olmos; que despus que lo localizaron como usuario de un taxi, se emparejaron al vehculo y Valdez y Barrn descendieron del . United States District Court, S.D. [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. Whitepages people search is the most trusted directory. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, p. 55, lines 17, et seq., Docket No. [30] These statements challenge the "motive" for the Gallardo murder as stated by Cruz and Miranda. 30). "The Secretary of State has sole discretion to refuse extradition on humanitarian grounds because of the procedures or treatment that await the surrendered fugitive." The principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. 39); and, SUPPLEMENTAL ORDER DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 12, 1997 (Docket No. There is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. The . 'Narcos: Mxico 3' reparto: Quin es 'Kitty' Pez? Historia - RPP These statements are also corroborated in significant part by Alejandro's declaration. 96-1798-M. United States District Court, S.D. These statements do not add a great deal to Mexico's case regarding this Respondent. [15] The later supplementation of the record and the supplementation of Mexico's request for extradition, with additional charges, are not inconsistent with the Treaty or its provisions. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . 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. [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. [43] The balance of the evidence, as noted, does not lead to the conclusion that Alejandro was under duress, nor, that the November 30, 1996 deposition is unreliable. 44). Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. Alejandro's statement, at page 13, implicates Respondent[47] in the murder. Another court has correctly characterized the above sentence from the Second Circuit as "dicta." 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. The contours of the extradition proceeding were shaped by the Treaty and statute. 1996) on CaseMine. Cartel May Have Targeted U.S. Prosecutor - Los Angeles Times Los narcojuniors reales de Tijuana. For this reason, Respondent's challenge in this regard is denied. 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. The power to make treaties is constitutionally invested in the executive branch of the United States government. The two perpetrators escaped in a white Volkswagen. 1462, 1469 (S.D.Tex.1992). 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. All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. Collins v. Loisel,259 U.S. 309, 316, 42 S. Ct. 469, 66 L. Ed. Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. 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. Through observation and discussion, he became privy to the knowledge set forth. 1103. The credible evidence, satisfies Mexico's burden in this respect[44]. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Background. Valdez was ordered detained following arraignment. Miranda declared that Valdez and Martinez committed the murder of Gallardo. 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. The court has jurisdiction over the Respondents if they are before the court. 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. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. 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. 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. 1978). 1997). Treaties, by design, live well beyond the administration involved in their enactment. [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. I Background. A great number of questions exist, and many questions remain unanswered in this case. Martinez told Cruz that he would receive some money if Cruz would hold the 38 Super and the 9mm guns that they had used to kill Gallardo and Sanchez. [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. Tijuana Scions of Privilege Alleged to Be Drug Hit Men Based on case authorities Respondent's Motion in this regard is denied. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. Explanatory evidence is allowed only if the evidence would, clearly, negate a showing of probable cause. Los narcojuniors reales de la serie 'Narcos Mxico 3' Galanis v. Pallanck, 568 F.2d 234 (2d Cir.1977); Sayne v. Shipley, 418 F.2d 679 (5th Cir.1969) cert. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. In that statement, Cruz was noted to have suffered multiple burns which were attributed to an incident several days before when he was inspecting the exhaust pipe of a vehicle. Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. The . Extradition of Kraiselburd, 786 F.2d 1395, 1399 (9th Cir.1986). ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. While the Court has wide latitude in admitting evidence, and hearsay evidence is admissible, the Ruiz statement is without any legally reliable corroborating or authenticating evidence in this case. [30] Respondent's Exhibits H, I and J, respectively, docket No. 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. Print material from AMNESTY INTERNATIONAL has also been filed. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. Miranda stated that the murder took place the first part of April 1996, at the Holiday Inn in Toluca. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. denied, 405 U.S. 989, 92 S. Ct. 1251, 31 L. Ed. 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. Mar. 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. Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. He also stated that it was Valdez who assigned him the code name "F7". November 4, 1997. Narcos 3: who are the "narco juniors" of the new season in real life You're all set! 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." It is further argued that there is a strong motivation on behalf of the Hodoyan family to help Respondent and this would give rise to questions with regard to the trustworthiness of the document. [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. Appellant then filed a writ of habeas corpus with the district court. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). ("Cruz") In his October 12, 1996 statement, Cruz declared before an agent of the Mexican Federal Public Prosecutor that Valdez, Martinez and, Fabian Partiday, aka "Domingo," described to him crimes that they had committed, the firearms they used to commit the crimes, and the numerous cities in Mexico, in which they had committed crimes in furtherance of the goals of the AFO. 956 (1922). 00:15. Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. 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.

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