EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. In the absence of legal authority to support the court's ability to find the treaty invalid for changed circumstances or that the purpose and intent of the parties in this instance is materially different, Respondent's position in this regard is rejected. In the Matter of Extradition of Contreras,800 F. Supp. As to item 7, the sufficiency of the evidence, Respondent contends that the probable cause element has not been met and, therefore, there is no justification for his apprehension and commitment for extradition to Mexico. The essential question is whether the indicia of reliability is on the recantation or the initial statement. Quinn v. Robinson, 783 F.2d 776, 789, 790 (9th Cir.1986). Emilio Valdez Mainero met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. 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. 3184, et seq. There was no mention of the lost eye in the medical exam performed by the Republic of Mexico or during the court proceedings where the alleged recantation took place. Id. You already receive all suggested Justia Opinion Summary Newsletters. 611 (S.D.N.Y.1985). In re Petition of France for Extradition of Sauvage,819 F. Supp. The court, for reasons explained below, grants the petition, finding the detainee extraditable. In re Sindona,450 F. Supp. United States v. Manzi, 888 F.2d 204, 206 (1st Cir. "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. 1101(d) (3); and Fed. [6] The Court also directed the United States to request from Mexico, a signed statement of Seargent Ruiz and evidence of all dates of arrest after September 1, 1996 of witnesses Soto, Alejandro Hodoyan, Francisco Cabrera Castro and Gerardo Cruz Pacheco.[7]. No mention of torture or physical abuse is made. 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. The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. [21] The real issue in this proceeding is whether or not there is probable cause to establish that Respondent was one of the perpetrators. 1989), cert. 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. The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. 672, 685 (S.D.N.Y.1978), aff'd, 619 F.2d 167 (2d Cir.1980), citing Collins, supra, 259 U.S. at 316. 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. Extradition of Kraiselburd, 786 F.2d 1395, 1399 (9th Cir.1986). The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. Mr. Valdez was referred to as "El Cabezon", "C.P. Soto also explains the details of the alleged abuse visited upon him. The statement is a summary of what Alejandro described to his family and includes information related to meeting General Gutierrez Rebollo as well as contact with DEA and FBI agents who pressured him to sign a confession in exchange for removal from Mexico and protection thereafter. 28). These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". 44). According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. 534 (1902). This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. Miranda stated that the murder took place the first part of April 1996, at the Holiday Inn in Toluca. [5] This Declaration is filed in Case No. 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. Under United States law, (i.e., California Penal Code 187-199) murder is unlawful and similarly defined. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, p. 55, lines 17, et seq., Docket No. 1136 (1916). 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 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). 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 . 18 U.S.C. La pequea y poco conocida . En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales, cuando an existan. It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." Ante una posible enfermedad terminal, Benjamn Arellano Flix pretende obtener una liberacin humanitaria, y no pagar la pena de 25 aos de prisin en Estados Unidos. The certificate is forwarded to the Department of State. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Get free summaries of new Southern District of California US Federal District Court opinions delivered to your inbox! Soto acknowledges having signed the statement as well as affixing his fingerprints. Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . The scope of this proceeding is narrow and is limited to the existence of probable cause and the evidence, received by virtue of the Treaty provisions and applicable law. 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". (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. Id. 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. The court, for reasons explained below, grants the petition, finding the detainee extraditable. In the Matter of Extradition of Contreras,800 F. Supp. 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. 18 U.S.C. Respondent's reliance upon Article 11, Paragraph 3, is misplaced. 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. Alejandro, who is the brother of extraditee Alfredo Miguel hodoyan Palacios aka "Lobo",[28] stated that his brother told him that Valdez and Martinez had participated in the murder of Gallardo at the Holiday Inn Hotel in Toluca. 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. Otro de los reclutados fue Alfredo Hodoyan Palacios, quien era hijo de un empresario prominente en Tijuana. [41] The statement of Francisco Cabrera Castro, aka "Piedras" is offered in the Extradition of Alejandro Hodoyan Palacios, 96mg1828 AJB. [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. The Ninth Circuit has labeled the above statement from Gallina as speculation. 00:15. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. Opinion for Matter of Extradition of Mainero, 950 F. Supp. 1462, 1469 (S.D.Tex.1992). The Court finds that the videotapes do show a cooperating witness. (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. The United States, in fact, complied with Article 11, Paragraph 3, by its initial filing of diplomatic note 001831, on November 25, 1996 with the U.S. Embassy in Mexico. Quines son los narcojuniors en los que est basada la historia . The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. 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. (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. Magistrate No. 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. 39); and, SUPPLEMENTAL ORDER DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 12, 1997 (Docket No. [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. The document is not authenticated. En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. 124 F.3d 1186, 1997 WL 624797 (9th Cir.). The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. Through observation and discussion, he became privy to the knowledge set forth. 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. 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. Emilio Valdez Mainero and Alfredo Hodoyan were linked to the Arellano Felix drug organization, which controls the lucrative drug corridor from Baja California into the United States. (2) Gustavo Miranda Santacruz. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. 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. Quines son los narcojuniors en los que est basada la historia . 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. [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. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. 96mg 1828(AJB). R.Crim.P. Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities. 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. Garcia-Guillern v. United States, 450 F.2d 1189, 1192 (5th Cir. Cruz also said he transported weapons used in Ibarras slaying. 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. The Ninth Circuit has held that self incriminating statements of accomplices are sufficient to establish probable cause in an extradition hearing. 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. [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. [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. 1997). 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. Specifically, Respondent submits that the Treaty is invalid because the use of torture in Mexico in obtaining evidence, including the evidence in this matter, is contrary to the law of the United States. Pursuant to an extradition treaty between Mexico and the United States, Treaty 31 UST 5059, TIAS 9656 ("Treaty"), and under federal laws supplementing and implementing such treaties, 18 U.S.C. Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. 1983). 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. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. 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." The Second Circuit affirmed the denial of the habeas corpus petition. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 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 complaint . 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. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. United States District Court, S.D. I Background Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. denied, 364 U.S. 851, 81 S. Ct. 97, 5 L. Ed. Por Investigaciones ZETA. 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 Federal Rules of Criminal Procedure and the Federal Rules of Evidence are not applicable in extradition proceedings. 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 United States has filed videotapes of Alejandro's November 30, 1996 deposition. The power to make treaties is constitutionally invested in the executive branch of the United States government. The cohorts also said the Arellanos had on their payroll Mexican immigration agents who waved cocaine shipments across the border. at 77, 78. 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 . Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). 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. Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. [32] Respondent also argues that the statements of Francisco Cabrera Castro and Edgar Alejandro Gonzalez Gonzalez offered by Mexico were also "extracted" by torture. There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. These individuals returned to Mr. Vasquez' home in April of 1996 and stated that they were running from the authorities because they had committed a homicide in Mexico City. Soto recounted another incident in March, 1995, during which he was told by members of the AFO that Valdez and others participated in the assassination of a man named "Endir" who was the cousin of Manolo Rico. He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. Respondent's request for discovery is denied. As earlier stated, the circumstances of Alejandro's testimony are not suggestive of torture, coercion or duress. 1992); Fed.R.Evid. Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. BATTAGLIA, United States Magistrate Judge. 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. The holding in Gallina, however, offers no support for Valdez' claim. This is part of the framework created by case law in these proceedings. Valdezs attorney said some of the statements were extracted under torture. 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. They are: (1) The Statement of October 12, 1996 at 1:00 a.m. in Mexico City; and. Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. 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. The entire record supports the finding that probable cause exists with regard to homicide charges. No precise authority is offered in regard to this premise. The authority of a magistrate judge to conduct the proceedings is provided by 18 U.S.C. He also stated that it was Valdez who assigned him the code name "F7". 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. 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. Background. Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. 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. Appellant appealed the habeas corpus denial to the Second Circuit. Respondent also cites Title 18 U.S.C. ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. Respondent also offers, as evidence to defeat probable cause, recantations by Cruz and Soto relative to the earlier statements[36].
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