emilio valdez mainero emilio valdez mainero

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 . BATTAGLIA, United States Magistrate Judge. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Print material from AMNESTY INTERNATIONAL has also been filed. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . [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. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. [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. Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. He later was charged with several murders, including Ibarras. A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. This issue was not challenged by the Respondent. Article 11, itself, cites that urgency to arrest and detain an individual supports this initial procedure. 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 . 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. 00:15. 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. 534 (1902). Alejandro's statement, at page 13, implicates Respondent[47] in the murder. [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. This resulted in the arrest of Valdez on September 30, 1996. A review of the evidence submitted in support of those charges meets the requirements regarding identity and probable cause sufficient to fulfill the fifth extradition requirement. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. Connect with the definitive source for global and local news. Get free summaries of new Southern District of California US Federal District Court opinions delivered to your inbox! Hearsay evidence is admissible on behalf of the Respondent to establish the "obliteration" of probable cause. 2d 496 (1990). 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. Si te preguntas quines son en la vida real los llamados narcojuniors de Narcos Mxico, serie de Netflix, se trata de al menos tres de los jvenes de familias acomodadas en Tijuana, Baja California, que se involucraron en temas de drogas y en especial con el Crtel de los Arellano Flix.Entre ellos, El Kitty Arturo Everardo Pez y los hermanos Hodoyan. He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". 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. 44). 1992); Fed.R.Evid. De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . The extradition proceeding is not a criminal trial nor is Respondent entitled to the rights available in a criminal trial at common law. In Matter of Extradition of Pazienza,619 F. Supp. Date published: Mar 20, 2013. These questions cannot be answered within the narrow confines of an extradition proceeding and would be most properly addressed by the Secretary of State and/or the Court in Mexico on a trial on the merits. Galanis v. Pallanck, 568 F.2d 234 (2d Cir.1977); Sayne v. Shipley, 418 F.2d 679 (5th Cir.1969) cert. 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 United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. The Court denied the motion.[3]. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. In re Petition of France for Extradition of Sauvage,819 F. Supp. These issues were analyzed under that premise. As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. 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. The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. 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. 448 (1901). The videotapes clearly demonstrate Alejandro's demeanor. 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. 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. This evidence is clearly contradictory and inadmissible under Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 33. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. Soto acknowledges having signed the statement as well as affixing his fingerprints. *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. (2) Gustavo Miranda Santacruz. The Ninth Circuit has labeled the above statement from Gallina as speculation. There is no question, and no conflict in the evidence, that Gallardo and Sanchez were shot and killed by two individuals on April 9, 1996, at approximately 9:30 p.m., at the entrance of the restaurant at the Holiday Inn in Toluca, Mexico. The entire record supports the finding that probable cause exists with regard to homicide charges. emilio valdez mainerospiral pattern printing in c. phillies front office salaries 777 (N.D.Cal.1985). Quines eran los narcojuniors reales de Tijuana? aka "Cachuchas" In his September 30, 1996, declaration before an agent of the Mexican Federal Public Prosecutor, Gilberto Vasquez Culebro, aka "Cachuchas", (hereinafter Vasquez), declared that Valdez was a member of the AFO and that, in March, 1995, Valdez was in the company of the other AFO members, including, Eduardo Leon, aka "Abulon", Contreras, and Reyes. BATTAGLIA, United States Magistrate Judge. The interviews of Alejandro in the United States confirm the uncoerced willingness of Alejandro to provide testimony concerning the criminal activities of the AFO and Respondent's role therein. [31] See discussion at page 1213, line ___, et seq. During the meeting, the group discussed their plans to kill enemies of their interests, including Amado Carillo, a rival drug trafficker. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. 934 (D.Mass.1996). 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. 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 Extradition Hearing was continued on several occasions after the January 14, 1997 filing, with the consent of the parties, to allow for further preparation and response to the evidence. Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). After receipt of the diplomatic note, Respondent was then held under the formal request for extradition and not the provisional arrest which had initiated the case. In Gallina, commissioner found the appellant subject to the extradition in Italy. Mexican officials wanted Valdez, 32, for allegedly gunning down an aspiring boxer over a personal grudge in 1996 at a Holiday Inn in the state of Mexico. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. Only the criminal association (conspiracy) and murder charges satisfy the dual criminality requirement for extradition. Background. Mexico has filed the videotapes, the evidence concerning Respondent's statements regarding the 1997 abduction of Alejandro Hodoyan and the genesis of the March 3, 1997 Declaration by Alejandro Hodoyan, as well as the statements by Alejandro to U.S. agents. Where a prior statement is shown to be coerced and the indicia of reliability is on the recantation, then the subsequent statement negating the existence of probable cause is germane in an extradition proceeding. Homicide is an extraditable offense under Article 2(1) and Appendix Part 1 of the treaty. 50). United States v. Manzi, 888 F.2d 204, 206 (1st Cir. The certified documents included diplomatic note 001831 dated November 25, 1996 from the Embassy of Mexico formally requesting the extradition of Respondent on the firearms and conspiracy charges. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. The others drove in a white Volkswagen. Case Number: 97CR2149 JM (S.D. 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. [30] Respondent's Exhibits H, I and J, respectively, docket No. 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. Mar. 1462, 1464 (S.D.Tex. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . 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 authority of a magistrate judge to conduct the proceedings is provided by 18 U.S.C. 33) which is similarly denied for the reasons stated. 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. The evidence tying Valdez to the murder of Gallardo and Sanchez itself, given the numbers of other individuals involved, supports the criminal association charge. [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. Seeing no one in pursuit, Cruz followed the white Volkswagen in the navy blue Cutlass. 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. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . 12). Collins v. Loisel,259 U.S. 309, 316, 42 S. Ct. 469, 66 L. Ed. R.Crim.P. Otro de los reclutados fue Alfredo Hodoyan Palacios, quien era hijo de un empresario prominente en Tijuana. In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. 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. Estudiaban en colegios particulares, eran de familias acomodadas y los deslumbr el estilo de vida del "Mon", uno de los lderes del crtel de Tijuana. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge 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. When he appeared in court, the judge also noted, on the record, residual signs of physical injury. Quines son los narcojuniors en los que est basada la historia . [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. Bingham v. Bradley,241 U.S. 511, 517, 36 S. Ct. 634, 60 L. Ed. Publicado: 5/6/2021 7:10:25 PM. Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. QUIERE LIBERTAD, DEBE VIDAS. After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. In re Sindona,450 F. Supp. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. 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. El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . The two perpetrators escaped in a white Volkswagen. 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." 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 . Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). 96-1798-M. United States District Court, S.D. Based on case authorities Respondent's Motion in this regard is denied. 96-1798-M. United States District Court, S.D. ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. The record is overwhelming with eyewitness testimony,[20] autopsies and physical evidence from the scene to establish these facts. 000012 dated January 3, *1213 1997. United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). denied, 405 U.S. 989, 92 S. Ct. 1251, 31 L. Ed. Id. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." [20] i.e. 124 F.3d 1186, 1997 WL 624797 (9th Cir.). By Molly Moore. See footnote 25. Netflix lanz la ltima temporada de Narcos: Mxico, donde adems de los personajes que ya conocemos, hay UNA sorpresa: Bad Bunny. 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. R.Crim.P. Respondent's roles and activities in these regards is specifically referenced. The cohorts also said the Arellanos had on their payroll Mexican immigration agents who waved cocaine shipments across the border. 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. Another court has correctly characterized the above sentence from the Second Circuit as "dicta." 830 (1911). Covid-19 Mxico: Suman 218 mil 173 muertes y 1 milln 879 mil 713 personas se han recuperado | Cifras El director general de Epidemiologa, Jos Luis Aloma Zegarra, inform que se registran 21 mil 224 casos activos en el pas; se han aplicado 19 millones 951 mil 121 dosis aplicadas.. 1101(d) (3); and Fed. Whitepages people search is the most trusted directory. Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. The suggestion of torture is certainly present in the record. As earlier stated, the circumstances of Alejandro's testimony are not suggestive of torture, coercion or duress. 3184, et seq. *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. Mexico also takes the position that the statement is inaccurate and not properly certified or executed. El Lobo was captured in the United States together with Emilio Valdez Mainero "El Radioloco", they were extradited to Mexico in January of 1998 and also sent to Altiplano at Almoloya de Juarez. Respondent also cites Title 18 U.S.C. 1997). [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). The "recantations" from Cruz and Soto are in the form of testimony before a judge of the First District of Federal Criminal Proceedings in the State of Mexico. The two cars stopped in the village of San Mateo Atenco. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. 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. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. [33] On June 19, 1997, Respondent filed a REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY requesting, among other things, that the Court "order the government to turn over any other relevant information which might help the detainee explain the `evidence' lodged against him" (Docket No. 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. 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. 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. 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. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. *1220 At approximately 9:30 p.m., Cruz, who was about twenty meters away from the entrance of the Holiday Inn heard several firearms shots. 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. 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. If the Court determines that all the requisite elements have been met, the findings are incorporated into a certificate of extraditability. 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 . [27] Soto actually made a series of statements relative to this matter. No case authority is offered in this regard. Defense counsel was provided for Mr. Soto for purposes of his testimony. You're all set! 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. [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). The charge related to the 1994 event has been abandoned. EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. 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). The March 3, 1997 date is taken from the first line of the document. As a result, the Court finds Treaty compliance in this respect and denies Respondent's request for release on this basis. Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. There, Valdez told the group, "`The Baby' paid me off. The Second Circuit affirmed the denial of the habeas corpus petition. Elias v. Ramirez,215 U.S. 398, 30 S. Ct. 131, 54 L. Ed. Emilio Valdez Mainero met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. The holding in Gallina, however, offers no support for Valdez' claim. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . The filing of certified documents permitted Mexico to go forward with the extradition proceeding under the Treaty. As to Soto, his three statements to the Mexican authorities, two on September 27, 1996 and one on September 30, 1996, respectively, do not reference any injury. 2d 74 (1960), as the case that establishes the possibility of a "humanitarian exception" based on the "federal court's sense of decency." The . Threats at the time were taken seriously, especially given the high profile murders of Tijuana's police chief in February 2000, followed shortly by the murder of Jose Patio . 3188 for a similar proposition. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. Valdez also faces charges of arranging the sale of a kilogram of heroin to a fellow inmate through friends outside prison. In the Matter of Extradition of Contreras,800 F. Supp. The notes are identified by Augustin Hodoyan, Alejandro's brother. 2d 476 (1968), is also unpersuasive in this regard. In Matter of Extradition of Lui Kin-Hong,939 F. Supp. The court has jurisdiction over the Respondents if they are before the court. Neely v. Henkel, supra. Valdez and Martinez then fled the Holiday Inn in the white Volkswagen. 1280 (D.Mass.1997) but reversed on appeal. *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. 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. the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. Fed.R.Evid.