``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. "The rationale is that such matters are to be determined solely by the executive branch." 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. 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. Through observation and discussion, he became privy to the knowledge set forth. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". mayo 9, 2022. 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. Publicado: 5/6/2021 7:10:25 PM. The notes are identified by Augustin Hodoyan, Alejandro's brother. is indoor ice skating safe during covid; most common super bowl final scores; lynette woodard spouse; reelfoot lake fishing guides; emilio valdez mainero. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. 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. MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. Ultimately, the United States sought to stay the proceedings for an additional ninety (90) day period. Hodoyan haba estudiado en una . 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. United States District Court, S.D. Everardo Pez, also known as "El Kitty", was not a person of money, but under the tutelage of Ramn Arellano Flix, he dedicated himself, together with the narco juniors, to cross drugs into the United States without raising suspicions due to his economic status. Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. 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. Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. 253 (1910); Rice v. Ames,180 U.S. 371, 21 S. Ct. 406, 45 L. Ed. This finding could be based upon the testimony of Miranda and Alejandro, alone. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. 290 Brought to you by Free Law Project, . 96mg 1828(AJB). 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. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". The Ninth Circuit has held that self incriminating statements of accomplices are sufficient to establish probable cause in an extradition hearing. Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. According to testimony given to . The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. 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. Respondent also cites Title 18 U.S.C. 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). Case Number: 97CR2149 JM (S.D. Quines son los narcojuniors en los que est basada la historia . I Background Cruz describes his mistreatment and torture at the hands of the Mexican authorities. (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. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. His body was found in Osmun Lake in Pontiac on June 7, 2018 but no arrests were made until April 8 of this year. 3184. 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. The precedent of the long line of cases discussed above, supports the proposition that the consideration of a "humanitarian exception" should be left to the Department of State where it rightly belongs. 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. 2d 496 (1990). As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. Barrett v. United States, 590 F.2d 624 (6th Cir. EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. 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. Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. The Department of Justice shall prepare a certification consistent with this memorandum as required by 18 U.S.C. 1462, 1469 (S.D.Tex.1992). 1103. [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. 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. 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. 44). Id. After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. Respondent asserts that Soto lost an eye as a result of the torture used by Mexico to extract his statement[39]. For this reason, Respondent's challenge in this regard is denied. The murder and conspiracy offenses, above described, survive the Respondent's challenge. "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. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). Valdez moved the Court for release under the special circumstances doctrine. There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. Emilio Valdez Mainero (Valdez) and Alfredo Hodoyan Palacios (Hodoyan) were certified as extraditable to Mexico on charges of murder and criminal association with the Arellano Felix drug trafficking organization (AFO). 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. 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. 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. Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. Support for the reliability of Soto's "recantation" (and by inference the other recantations) is offered by Respondent in an unsigned and uncertified declaration of First Seargent Vicente Ruiz Martinez, submitted on June 30, 1997 at the extradition hearing. 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. 1971), cert. R.Crim.P. "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. Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. Cruz also said he transported weapons used in Ibarras slaying. 1101(d) (3); and Fed. 1997). *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. In fact, it is the United States, on behalf of the Republic of Mexico, that is the moving party in this proceeding, pursuant to the subject Treaty. In re Sindona,450 F. Supp. Los narcojuniors . De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . 956 (1922). The limitations of the judicial review at this stage of the proceedings, however, should not be an excuse to admit evidence presented without apparent foundation or any independent indicia of trustworthiness. 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. November 4, 1997. This latter evidence also results in a finding that any hostile action taken toward Alejandro and resulting in his disappearance and murder was more likely than not prompted at the direction of the AFO and not Mexico. The United States has filed videotapes of Alejandro's November 30, 1996 deposition. Garcia-Guillern v. United States, 450 F.2d 1189, 1192 (5th Cir. [38] Specifically, Cruz was charged with homicide and Soto was charged with possession of various *1224 weapons, and a narcotics related offense (possession of marijuana). Finally, the scope of admissible evidence in an extradition hearing is guided by the distinction between contradictory and explanatory evidence. [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. 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. 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. As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. Quines eran los narcojuniors reales de Tijuana? EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . [42] The response from Mexico indicates that closed proceedings related to General Rebollo are ongoing in Mexico and that Ruiz is a witness therein. ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. 2d 208. The request for a provisional arrest is based, in significant part, upon the existence of a warrant for the fugitive's arrest issued in the district of the authority making the request and charging the fugitive with a commission of crime for which his extradition is sought to be obtained. 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. 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). The Ninth Circuit has labeled the above statement from Gallina as speculation. The essential question is whether the indicia of reliability is on the recantation or the initial statement. 896 (S.D.Cal.1993). (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). 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. 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 . The suggestion of torture is certainly present in the record. 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"). The extradition proceeding is not a criminal trial nor is Respondent entitled to the rights available in a criminal trial at common law. As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 5.1 is denied. Defendant Emilio Valdez-Mainero, represented by the Federal Defenders of San Diego, Inc., seeks a 73 month reduction in his sentence on the basis of Amendment 782 to the Sentencing Guidelines which revised the Drug Quantity Table in U.S.S.G. 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. 3184, et seq. 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 . 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. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. 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. Get free access to the complete judgment in MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. 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"). 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 Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996. Court documents say the threat against assistant U.S. Atty. Mr. Soto also provides a physical description of Respondent. Elias v. Ramirez,215 U.S. 398, 30 S. Ct. 131, 54 L. Ed. Collins v. Loisel,259 U.S. 309, 317, 42 S. Ct. 469, 66 L. Ed. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. 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. There, Valdez told the group, "`The Baby' paid me off. Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. When arrested, Gallardo said that the marijuana belonged to Benjamin Arellano Felix, which caused the issuance of an arrest warrant for Benjamin Arellano Felix. Background. 24). [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. The 33-year-old Mexican . A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. This resulted in the arrest of Valdez on September 30, 1996. Mr. Vasquez states that the individuals acted suspiciously and carried long and short range firearms. QUIERE LIBERTAD, DEBE VIDAS. United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). denied, 398 U.S. 903, 90 S. Ct. 1688, 26 L. Ed. 00:15. According to the allegations, earlier on April 9, 1996, Valdez, Martinez, and Isaac Contreras Ayala, aka "Calaco", (hereinafter "Contreras") were awaiting the arrival of Gerardo Cruz Pacheco, aka "Capitan", (hereinafter "Cruz") at the Glorieta del Angel. Arnbjornsdottir-Mendler v. United States, 721 F.2d 679, 683 (9th Cir. This element was not challenged by the Respondent. They are: (1) Ministerial Statement of September 27, 1996, at 1140 a.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor, in Guadalajara, Mexico; (2) Additional Ministerial Statement of September 27, 1996, at 6:30 p.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor, in Guadalajara, Mexico; (3) Additional Statement of September 30, 1996, at 9:00 p.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor in Mexico City, Mexico; and. Respondent also offers, as evidence to defeat probable cause, recantations by Cruz and Soto relative to the earlier statements[36]. Since the evidence was undisputed it is not detailed extensively herein. Mexico does acknowledge that there is an investigation ongoing concerning the actions of General Rebollo and his associates, and that the investigations include the "possible" unlawful detention of suspects. The government's request for the stay was denied sustaining Respondent's objection and request to proceed. Valdez also faces charges of arranging the sale of a kilogram of heroin to a fellow inmate through friends outside prison. 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. 40). 54(b) (5). 290 (S.D.Cal.1996). The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. 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 . Buscar. Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. 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. 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. View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. Citations Copy Citation. Seeing no one in pursuit, Cruz followed the white Volkswagen in the navy blue Cutlass. The certificate is forwarded to the Department of State. 1462, 1464 (S.D.Tex.1992). 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. 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]. Fed.R.Evid. Fausto Soto Miller presented 1989), cert. [21] The real issue in this proceeding is whether or not there is probable cause to establish that Respondent was one of the perpetrators. [45] The physical injuries to Cruz are certainly suspicious in this regard. [29] Clearly, Alejandro's testimony is based upon his personal knowledge derived from his acquaintance with Respondent and the other individuals named and his discussion and observations in their presence. 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. Article 11, itself, cites that urgency to arrest and detain an individual supports this initial procedure. When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. 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. [13] The diplomatic note related to the initial firearms charge[14] and the criminal association charge. [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. 937 (D.Vt.1991); Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). The case against the juniors spilled into U.S. courts after the Sept. 30 arrest of Emilio Valdez Mainero, 32, the baby-faced son of a deceased Tijuana colonel. [16] Further, it is not the responsibility of this Court to assess the probability that the requesting party will be able to secure a conviction. Mexican law defines murder (or homicide) as taking the life of another (Article 302). (2) Criminal Association between 1994 and September 14, 1996 in violation of Article 164, Paragraph 1 in accordance with Article 13, Section II, of the Penal Code for the Federal District;[11] and. Date published: Mar 20, 2013. In fact, in the statement to the district judge on October 2, 1996, Mr. Soto indicates that he has no physical defects. 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. 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. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . de Sicor 1 Acdo. The authority of a magistrate judge to conduct the proceedings is provided by 18 U.S.C. En 1995, su reinado lleg a su fin. 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. [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. 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. 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. [22] The individuals related to this case are often referred to in the evidence by nicknames. *1214 (3) First Degree Murder of Jesus Gallardo Vigil and Jesus Sanchez Angulo in violation of Article 302; Article 303, Sections I and III, Article 315 and Article 320 of the Penal Code for the Federal District. Emilio Valdez Mainero seemed an appropriately upper-tier husband, but he too allegedly found employment in the Arellano Felix organization, recruiting 'young assassins who belong to Tijuana's . Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. United States v. Manzi, 888 F.2d 204, 206 (1st Cir. An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. Respondent's request for discovery is denied. 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. In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document.

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