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. Argument, inference and innuendo is all that has really been presented here. The entire record supports the finding that probable cause exists with regard to homicide charges. [15] The Treaty, in Article 11, and 18 U.S.C. [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. 611 (S.D.N.Y.1985). 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. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities. C. Fausto Soto Miller, aka "Chef" In his September 27, 1996[27] declaration before an agent of the Mexican Federal Public Prosecutor, Fausto Soto Miller, "Chef," (hereinafter *1221 "Soto") stated that he was aware of the personal problems between Valdez and Gallardo, arising out of a threat with a firearm against Gabriel Valdez made by Gallardo. 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 . Id. 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. The two perpetrators escaped in a white Volkswagen. It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). 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"). The essential question is whether the indicia of reliability is on the recantation or the initial statement. The videotapes clearly demonstrate Alejandro's demeanor. *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. 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. Respondent had indicated that a recantation by Vasquez would be filed, but no such document has been offered in evidence in this case. Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. The cohorts also said the Arellanos had on their payroll Mexican immigration agents who waved cocaine shipments across the border. [25] While there is no corroborating evidence outside of this declaration itself, that Mr. Curiel was in fact an agent of Mexico under the mutual legal assistance treaty, nor was a copy of that treaty provided, this evidence is received over respondents objection and pursuant to Article 10(6) of the Treaty and 18 U.S.C. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. Miranda's statement was given to an officer of this Court. 1 Since there is no right of appeal from extradition orders, Valdez and Hodoyan filed petitions for writs of habeas corpus in . January 1997: Hodin Gutierrez Rico, a . The record is overwhelming with eyewitness testimony,[20] autopsies and physical evidence from the scene to establish these facts. The magistrate judge need only determine whether there is competent evidence to justify holding the Respondent for trial, not whether the evidence is sufficient to justify conviction. Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. The certificate is forwarded to the Department of State. The court, for reasons explained below, grants the petition, finding the detainee extraditable. [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). The witnesses all identify Respondent as the perpetrator in these regards. While Ruiz provides no direct account of any torture, this information supports a finding that Alejandro was "in custody"[43] along with others and supports an argument that extended detention was involved in the handling of the witnesses by Mexico. (5) Gilberto Vasquez Culebro. 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. He later was charged with several murders, including Ibarras. Respondent also cites Title 18 U.S.C. ``Take out your AK-47, and you are going to (expletive) him right now.. 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. Explanatory evidence is allowed only if the evidence would, clearly, negate a showing of probable cause. Date published: Mar 20, 2013. In re Petition of France for Extradition of Sauvage,819 F. Supp. Nobody threatens my brother because the moron who does it, dies."[12]. An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. 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. Est acusado de ser uno de los secuaces ms temidos de Arellano y se lo busca por asesinato en Mxico.Emilio Valdez Mainero era un compaero de juventud que Alex Hodoyn eligi, aos ms . Emilio Ricardo Valdez Mainero Exp: 526/2019 - PoderJudicialVirtual.com The March 3, 1997 date is taken from the first line of the document. 834 F.2d 1444, 1453. His body was found in Osmun Lake in Pontiac on June 7, 2018 but no arrests were made until April 8 of this year. Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. 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. [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. [21] The real issue in this proceeding is whether or not there is probable cause to establish that Respondent was one of the perpetrators. 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. [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. [29] Respondents request for discovery of all evidence of discussions with Alejandro Hodoyan is denied on the basis of the authority set forth in footnote 26, except to the extent that this information was produced in response to the Court's order of September 11, 1997 (see footnote 6). 13, 22 (D.Mass.1989). At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. 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 . The physical description of Emilio Valdez Mainero, "El C.P." or "Cabeza de Perro," is the following: 30 years old, 1.77 or 1.76 meters, heavy build, white skin, short straight hair which . Bingham v. Bradley,241 U.S. 511, 517, 36 S. Ct. 634, 60 L. Ed. 3190. Mr. Vasquez states that the individuals acted suspiciously and carried long and short range firearms. Republic of France v. Moghadam,617 F. Supp. Emilio Valdez - Phone, Address, Background info | Whitepages emilio valdez mainerospiral pattern printing in c. phillies front office salaries 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. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. 577 (1901). 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. Respondent urges that this Court decline extradition based upon a "humanitarian exception" in that he is likely to be tortured based upon his alleged relationship to the Arellano-Felix brothers. 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. 000012 dated January 3, *1213 1997. denied, 405 U.S. 989, 92 S. Ct. 1251, 31 L. Ed. Peryea v. United States,782 F. Supp. Seduction of a Generation - Los Angeles Times 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. (2) Gustavo Miranda Santacruz. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. The Federal Rules of Criminal Procedure and the Federal Rules of Evidence are not applicable in extradition proceedings. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. In re Sindona,450 F. Supp. 3184, Ward v. Rutherford, 921 F.2d 286, 289 (D.C.Cir.1990) and Rule 74 of the Local Civil Rules of the United States District Court of the Southern District of California. Anecdotes from the AFO (Ramon and Benjamin). I may have the - reddit ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. Since the evidence was undisputed it is not detailed extensively herein. 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"). The two cars stopped in the village of San Mateo Atenco. 448 (1901); Simmons v. Braun, 627 F.2d 635 (2d Cir.1980); Charlton v. Kelly,229 U.S. 447, 461, 33 S. Ct. 945, 57 L. Ed. 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. ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. Soto acknowledges having signed the statement as well as affixing his fingerprints. 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. [6] See ORDER DENYING RESPONDENT'S MOTION TO REOPEN EVIDENCE AND DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 11, 1997 (Docket No. mayo 9, 2022. 3190. A significant portion of the mens statements were taken in Mexico by officials putting together the case against Valdez and his companion at the time of his arrest, 25-year-old Alfredo Hodoyan de Palacios. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. 44). The environment where the deposition was taken is not suggestive of any coercive circumstances. Aparte de Kitty 'Pez', los que formaron el grupo de los "Narcojuniors" fueron Emilio Valdz Mainero, hijo de un guardia presidencial; Alfredo Hodoyan Palacios, hijo de un importante empresario . You can explore additional available newsletters here. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . Matter of Extradition of Mainero, 950 F. Supp. 290 (S.D. Cal. 1996) 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. On June 26, 1997, respondent filed a SUPPLEMENTAL SUBMISSION RE: EXTRADITION AND REQUEST FOR DISCOVERY[34], with an attached declaration of Augustin Hodoyan (Alejandro's brother) with Alejandro's personal notes which were used to create the March 3, 1997 declaration. See footnote 10. one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; The authority of a magistrate judge to conduct the proceedings is provided by 18 U.S.C. This assertion relates specifically to the supplemental filing of evidence regarding the first degree murder charge on January 14, 1997 and the weapons charge related to the events and circumstances of April 9, 1996. [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. 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. 2d 496 (1990). Peter Lupsha, an expert on drug trafficking and former professor at University of New Mexico, said this case suggests that a corrupt Mexican government thwarted previous drug investigations. 20, 2013) From Casetext: Smarter Legal Research. Officials Link Ensenada Massacre to Drug Feud - Los Angeles Times There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. [15] The later supplementation of the record and the supplementation of Mexico's request for extradition, with additional charges, are not inconsistent with the Treaty or its provisions. 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. 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. 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. 28). Informacin de El Universal. Get free access to the complete judgment in MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. 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. By Molly Moore. In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". Valdez then smiled and announced, "The Baby paid me off. Magistrate No. In the Matter of Extradition of Contreras,800 F. Supp. The recantations are little more than self-serving declarations at the time of "arraignment" on the charges based upon the statements given to the federal prosecutor. the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. La pequea y poco conocida . 777 (N.D.Cal.1985). Alfredo Miguel Hodoyn Palacios, (a) "Lobo" u "88" , fue detenido el 30 de septiembre de 1996, en San Diego California. 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. [23] Cruz made several statements relative to this matter. A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. 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). Ramn Arellano Flix: As se vea Bad Bunny como parte de narcojuniors Miranda declared that Valdez and Martinez committed the murder of Gallardo. Mexican Tale: Drugs, Crime, Torture and the U.S. 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. 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.
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