The . Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . Finally, he contests the date of arrest. In re Petition of France for Extradition of Sauvage,819 F. Supp. 3184, et seq., the United States issued a provisional arrest warrant for the Respondent, signed by Magistrate Judge Anthony J. Battaglia on September 30, 1996. Two Mexican men to be extradited for drug-related murders "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. Ejecutivo Mercantil Autr. Cal. 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". Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. Argument, inference and innuendo is all that has really been presented here. The Ruiz statement presents conflict with regard to dates of the arrest of some of Mexico's witnesses and is asserted to corroborate the use of torture in this case as well as create conflicts in Mexico's evidence in challenging the reliability of the evidence Mexico relies upon in this proceeding. [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. For the reasons set forth in footnote 32 an extended analysis of the recantation is not set forth, nor is the recantation viewed any differently than those of Cruz and Soto. 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. 40). Judge Attacked By Trump Has Long History of Serving His Country Bingham v. Bradley,241 U.S. 511, 517, 36 S. Ct. 634, 60 L. Ed. Extradition of Mainero, Matter of, 950 F. Supp. 290 | Casetext Search ``When they want to do a job _ when they want to bring down the hammer _ they can do it with brilliance and genius, Lupsha said. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Cruz describes his mistreatment and torture at the hands of the Mexican authorities. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). 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. Through observation and discussion, he became privy to the knowledge set forth. 563, 572 *1219 (S.D.N.Y. The personal notes and translation were offered to corroborate the declaration and the explanatory evidence with regard to Alejandro's testimony. When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. Based on case authorities Respondent's Motion in this regard is denied. California. Respondent's reliance upon Article 11, Paragraph 3, is misplaced. at 952. 3184, et seq., in order to extradite the Respondent, the United States, on behalf of the Republic of Mexico, must establish that: (1) The judicial officer is authorized to conduct extradition proceedings; (2) The court has jurisdiction over the respondent; (3) The applicable treaty is in full force and effect; (4) The crimes for which surrender is sought are included within the terms of the treaty; and. 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. The Ninth Circuit has labeled the above statement from Gallina as speculation. [32] Respondent also argues that the statements of Francisco Cabrera Castro and Edgar Alejandro Gonzalez Gonzalez offered by Mexico were also "extracted" by torture. 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). 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. 00:15. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. Matter of Extradition of Mainero, No. 96MG1798 (AJB). 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 . 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). [37] Respondent criticizes Mexico for not filing this set of documents. [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. 39); and, SUPPLEMENTAL ORDER DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 12, 1997 (Docket No. 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. 20, 2013) From Casetext: Smarter Legal Research. The Secretary of State makes the ultimate decision on whether to surrender the Respondent. 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. He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. 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. By Molly Moore. Recanting statements are relevant in these proceedings as they affect probable cause. Emilio Valdez passed away Saturday, August 31, 2019. ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. 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. Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. Quin era 'El Kitty', narcojunior interpretado por Bad Bunny? Matter of Extradition of Mainero :: California Southern District Court There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. 2d 476 (1968), is also unpersuasive in this regard. 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. Los narcojuniors reales de Tijuana. (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. Whitepages people search is the most trusted directory. The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. This element was not challenged by the Respondent. Respondent also cites Title 18 U.S.C. Emilio Ricardo Valdez Mainero Exp: 526/2019 - PoderJudicialVirtual.com 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. It was not until October 2, 1996 that Soto described the alleged torture to the judge in Mexico. 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. Kitty Pez, el narcojunior real que interpreta Bad Bunny en "Narcos [4] As presented, the documentary evidence in this regard appears to supplement, not supersede, the previous filings of certified documents in support of the request for extradition. 1992); Fed.R.Evid. Los narcojuniors reales de la serie 'Narcos Mxico 3' [31] See discussion at page 1213, line ___, et seq. 1983). 956 (1922). 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. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. 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. As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. From Pampered Sons To Hit Men? - The Seattle Times On September 30, 1996, the United States Attorney's Office for the Southern District of 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"). 5.1 is denied. Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . 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. 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. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. There is no evidence, however, in this regard. Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. Print material from AMNESTY INTERNATIONAL has also been filed. 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. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. Extradition case gives look at vicious cocaine group 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. The . Ramn y Arturo se la pasaban en fiestas y en una de conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. Otro de los reclutados fue Alfredo Hodoyan Palacios, quien era hijo de un empresario prominente en Tijuana. 50). Tijuana drug cartel may have targeted Gonzalo Curiel Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. Quines son los narcojuniors reales de Narcos Mxico 3? Tijuana Scions of Privilege Alleged to Be Drug Hit Men 2d 61 (1970). These individuals left his home the following day for Mexico City in a light grey Spirit automobile. Ramn Arellano Flix: As se vea Bad Bunny como parte de narcojuniors [22] The individuals related to this case are often referred to in the evidence by nicknames. In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. 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". [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. [20] i.e. In re Petition of France for Extradition of Sauvage,819 F. Supp. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. 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. A full review of the evidence, however, is the provence of the trial court in the requesting nation. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. MATTER OF EXTRADITION OF MAINERO - leagle.com 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. 96mg 1828(AJB). Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. The court, for reasons explained below, grants the petition, finding the detainee extraditable. These statements do not add a great deal to Mexico's case regarding this Respondent. 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. 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. Discovery is not available in extradition proceedings. 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. 124 F.3d 1186, 1997 WL 624797 (9th Cir.). [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. Neely v. Henkel, supra. Matter of Extradition of Koskotas, 127 F.R.D. 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 . The testimony of Miranda, taken by Assistant United States Attorney Curiel, corroborates the substance of the evidence collected at the *1228 scene and statements by non-involved witnesses. Mexico), they could have easily added that provision. [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. 534 (1902). [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. The two perpetrators escaped in a white Volkswagen. Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. Background. emilio valdez mainero - polucon.com The Ninth Circuit held that "[t]his contention lacks merit because under general extradition of the United States and under the provisions of Treaty, the hearsay statements Keller summarized in his affidavit are competent evidence." Opinion for Matter of Extradition of Mainero, 950 F. Supp. There is nothing to confirm, corroborate or verify that the facts in the statement are in fact the testimony of Sergeant Ruiz, and based upon personal knowledge. 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. Los narcojuniors . The law limits extradition to circumstances where the Treaty is in full force and effect. 3190. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. In the Matter of the Extradition of Contreras,800 F. Supp. Explanatory evidence is allowed only if the evidence would, clearly, negate a showing of probable cause. Court documents say the threat against assistant U.S. Atty. Id. 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 . 1989), cert. Respondent does not dispute that the Treaty requirements have been met with regard to these items with three exceptions. En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue . The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. 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. 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. The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. His body was found in Osmun Lake in Pontiac on June 7, 2018 but no arrests were made until April 8 of this year. is indoor ice skating safe during covid; most common super bowl final scores; lynette woodard spouse; reelfoot lake fishing guides; emilio valdez mainero. La pequea y poco conocida . 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. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. [41] All of these individuals are described as "prisoners" in the statement. October 21, 1996. 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. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. (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. 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. La historia detrs del ingreso de Bad Bunny a "Narcos: Mxico" - Mag. 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. [39] MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, Page 6, lines 5-7 (Docket No. In response to this evidence, Valdez offers statements of Gabriel Valdez, Marci Ramirez Marin de Gonzalez and Eva Marin viuda de Pena. See footnote 25. The certificate is forwarded to the Department of State. In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". It is asserted that the videotapes demonstrate Alejandro's demeanor and rebut the assertion that Alejandro testified as a result of any torture or duress. Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. 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. [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. 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. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. Under United States law, (i.e., California Penal Code 187-199) murder is unlawful and similarly defined. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. (3) Fausto Soto Miller. 23. The signs of injury included 16 irregularly circular scars, 17 circular scars and 3 small scars on the chest as well as a hematoma to the upper base of the nose and a circular bruise on the right chin. Mr. Soto also provides a physical description of Respondent. 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. Another Mexican, questioned by prosecutors while in the intensive care unit of a San Diego hospital, said the hit on the 50-year-old Ibarra was planned carefully by Arellano organization members. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. [9] See ORDER DIRECTING THE FILING OF ADDITIONAL EVIDENCE filed October 23, 1997 (Docket No. According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. 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). 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. 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. NARCOTRAFICO: DETENCIONES DE 1RA GENERACION DEL CAF - Blogger The Federal Rules of Criminal Procedure and the Federal Rules of Evidence are not applicable in extradition proceedings. 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. QUIERE LIBERTAD, DEBE VIDAS. A great number of questions exist, and many questions remain unanswered in this case. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. 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. Fausto Soto Miller presented As indicated previously, the extradition hearing is not a trial, nor a criminal proceeding providing respondent with rights available in a criminal trial at common law. Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. Support for its origin is suggested from a New York Times article[40]. 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. An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. 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 videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. Quin es Kitty Pez, el narcojunior que interpreta Bad Bunny en Narcos