*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. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). [15] The Treaty, in Article 11, and 18 U.S.C. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. The Department of Justice shall prepare a certification consistent with this memorandum as required by 18 U.S.C. 1280 (D.Mass.1997) but reversed on appeal. Tijuana Scions of Privilege Alleged to Be Drug Hit Men 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 . 5.1 is without authority and is unavailable in any event under prevailing authority. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. Seeing no one in pursuit, Cruz followed the white Volkswagen in the navy blue Cutlass. 13, 22 (D.Mass.1989). 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. 5.1 is denied. He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". 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. Again, no more precise recantation of the specific events exists. Case Number: 97CR2149 JM (S.D. 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. In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. Appellant then filed a writ of habeas corpus with the district court. 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. Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. The Courts have chosen to defer questions regarding the procedures or treatment that might await an individual on extradition to the executive branch because of its exclusive power to conduct foreign affairs. California. 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). 1992); Fed.R.Evid. In re Petition of France for Extradition of Sauvage,819 F. Supp. ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. [23] Cruz made several statements relative to this matter. Emilio Valdez - Lake Ridge Chapel & Memorial Designers 290 (S.D.Cal.1996). Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. 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. 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. Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent")[1] is accused by Mexico of having been involved with or committing various crimes in violation of Mexican laws. Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). The document is not authenticated. 54(b) (5). 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. The certified documents submitted by Mexico, including the statements of Cruz, Miranda, Soto, Vasquez and Alejandro are admitted into evidence in accordance with Article 10(6) of the subject Treaty and 18 U.S.C. 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. 18 U.S.C. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. Sign up for our free summaries and get the latest delivered directly to you. 20, 2013) From Casetext: Smarter Legal Research. Soto also explains the details of the alleged abuse visited upon him. The various activities included a number of incidents of transportation of illegal drugs and homicide. The essential question is whether the indicia of reliability is on the recantation or the initial statement. 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. [41] The statement of Francisco Cabrera Castro, aka "Piedras" is offered in the Extradition of Alejandro Hodoyan Palacios, 96mg1828 AJB. 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 . Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. 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. Discovery is not available in extradition proceedings. The entire record supports the finding that probable cause exists with regard to homicide charges. De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. The long list of challenges to the probable cause finding in Mexico and the other alleged infirmities are not fully set forth herein as the Court finds the opinions of Attorney Gastelum are irrelevant to these proceedings. United States v. Manzi, 888 F.2d 204, 206 (1st Cir. 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. Arnbjornsdottir-Mendler v. United States, 721 F.2d 679, 683 (9th Cir. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). [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. I Background 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. Get free access to the complete judgment in MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. During the meeting, the group discussed their plans to kill enemies of their interests, including Amado Carillo, a rival drug trafficker. Quines son los narcojuniors reales de Narcos Mxico 3 - EL DEBATE mayo 9, 2022. "Lobo" Hodoyn obtiene libertad - Semanario ZETA Defense counsel was provided for Mr. Cruz. 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. Argument, inference and innuendo is all that has really been presented here. 1103. 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 . 956 (1922). DRUG GANG'S LONG ARM GRIPS MEXICO - The Washington Post Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. In contesting the accuracy of the statement of the federal prosecutor, he "rejects" the alias described to him, the reported rank in the infantry, and claims that he does not belong to the Presidential General staff but to the Presidential Guards Corps. *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. For this reason, Respondent's challenge in this regard is denied. 3190. 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). 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. Augustin also indicates that Alejandro told him that the Mexican officers intended to torture and kill Alfredo Hodoyan Palacios should he be extradited to Mexico. Quines son los narcojuniors en los que est basada la historia . 23. 2d 74 (1960), as the case that establishes the possibility of a "humanitarian exception" based on the "federal court's sense of decency." Otros de los jvenes reclutados tambin fueron personificados en Narcos Mxico 3, por ejemplo Emilio Valdez Mainero, hijo de un guardia presidencial, quien conoci a Ramn Arellano en una . Court documents say the threat against assistant U.S. Atty. Cruz describes his mistreatment and torture at the hands of the Mexican authorities. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 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. The scope of this proceeding is narrow and is limited to the existence of probable cause and the evidence, received by virtue of the Treaty provisions and applicable law. As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. The government's request for the stay was denied sustaining Respondent's objection and request to proceed. 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". 568 (S.D.N.Y.1979). The filing of certified documents permitted Mexico to go forward with the extradition proceeding under the Treaty. 1462, 1469 (S.D.Tex.1992). Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge On October 22, 1997, the Court issued an Order directing the United States Attorney to produce photographic evidence referenced in witness statements and related to the issue of the identity of Respondent. In Matter of Extradition of Pazienza,619 F. Supp. 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. 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). However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. 96-1798-M. United States District Court, S.D. He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. 834 F.2d 1444, 1453. [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. When he appeared in court, the judge also noted, on the record, residual signs of physical injury. 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. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. [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. California. 2d 455 (1972). 1971), cert. 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. Negocia "El Caballo" inmunidad con EU - Periodico El Vigia 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. Extradition of Mainero, Matter of, 990 F. Supp. 1208 - Casetext Valdez then smiled and announced, "The Baby paid me off. 896 (S.D.Cal.1993). *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. The authority of a magistrate judge to conduct the proceedings is provided by 18 U.S.C. These statements are also corroborated in significant part by Alejandro's declaration. He also stated that it was Valdez who assigned him the code name "F7". The power to make treaties is constitutionally invested in the executive branch of the United States government. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 611 (S.D.N.Y.1985). 448 (1901). "El Mon" y "El Kitty" se la pasaban en fiestas, en las que Arellano invitaba a los asistentes, en una conocieron a Emilio Valdez Mainero, hijo de un coronel miembro de los guardias presidenciales de aqul entonces. 50). Specifically, Respondent submits that the Treaty is invalid because the use of torture in Mexico in obtaining evidence, including the evidence in this matter, is contrary to the law of the United States. Buscar. [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. 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. 124 F.3d 1186, 1997 WL 624797 (9th Cir.). Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. [41] All of these individuals are described as "prisoners" in the statement. In Gallina, commissioner found the appellant subject to the extradition in Italy. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot.