[8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. 1462, 1464 (S.D.Tex.1992). Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. 1103. Whitepages people search is the most trusted directory. Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. 568 (S.D.N.Y.1979). Opinion for Matter of Extradition of Mainero, 950 F. Supp. Under *1216 United States law, the standard of probable cause is whether there is any evidence warranting the finding that there was reasonable ground to believe the accused guilty. Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. 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. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. Twenty-eight days after he took office, Ibarra, along with two government agents and a taxi driver, was gunned down in a cab outside Mexico Citys airport. [23] Cruz made several statements relative to this matter. [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. "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. A great number of questions exist, and many questions remain unanswered in this case. Get free summaries of new Southern District of California US Federal District Court opinions delivered to your inbox! In the Matter of the Extradition of Contreras,800 F. Supp. 30), he requests discovery regarding the statement by Miranda. During the meeting, the group discussed their plans to kill enemies of their interests, including Amado Carillo, a rival drug trafficker. [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]. 830 (1911). 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. 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. 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. De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . Galanis v. Pallanck, 568 F.2d 234 (2d Cir.1977); Sayne v. Shipley, 418 F.2d 679 (5th Cir.1969) cert. The Court may act upon unsworn statements of absent *1223 witnesses, although they could not have been received by the judge under the law of the state in a preliminary examination. 834 F.2d 1444, 1453. 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. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . 18 U.S.C. In Matter of Extradition of Lui Kin-Hong,939 F. Supp. Respondent's discovery request in this regard is denied. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . 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 . 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. No precise authority is offered in regard to this premise. 1989), cert. Additionally, it is not the business of the United States Courts to assume responsibility for supervising the integrity of a judicial system of another sovereign nation; such an assumption would directly conflict with the principal of comity on which extradition is based. After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. The videotapes clearly demonstrate Alejandro's demeanor. 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. Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. An extradition hearing is not a criminal proceeding and the person whose return is sought is not entitled to the rights available in a criminal trial at common law. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. Id. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. 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. [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. Magistrate No. 12). Court documents say the threat against assistant U.S. Atty. The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. While the motion was denied, the Court did find good cause to order the production of further evidence described by the United States in its responsive papers as becoming available since the June 30, 1997 extradition hearing. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. Case Number: 97CR2149 JM (S.D. A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. Respondent had indicated that a recantation by Vasquez would be filed, but no such document has been offered in evidence in this case. 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. 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. Informacin de El Universal. The various activities included a number of incidents of transportation of illegal drugs and homicide. He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". No applicable authority was presented on this point and prevailing authority as set forth herein supports this ruling. 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. [25] Miranda testified based upon his acquaintance with the individuals described in his statement, his personal presence at various of the events and circumstances described and conversations with the involved individuals. Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). 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. The United States has also offered statements from interviews between Alejandro and federal agents in February of 1997 which are asserted to corroborate Alejandro's knowledge of the AFO and his willingness to cooperate. 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. The environment where the deposition was taken is not suggestive of any coercive circumstances. Mexican officials wanted Valdez, 32, for allegedly gunning down an aspiring boxer over a personal grudge in 1996 at a Holiday Inn in the state of Mexico. (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. The Court finds that the videotapes do show a cooperating witness. 1101(d) (3); and Fed. 937 (D.Vt.1991); Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. (7) Evidence which, in accordance with the laws of the requested party, would justify the apprehension and commitment for the trial of the person sought if the offense had been committed there, (i.e., probable cause). At the time, Emilio Valdez Mainero, a member of the Arellano Flix cartel, said in a bugged conversation with a inmate-turned-informant that he wanted to kill Curiel. 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. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. 1136 (1916); McNamara v. Henkel,226 U.S. 520, 33 S. Ct. 146, 57 L. Ed. Miranda also declared that Valdez had told him he and Fabian Reyes Partida, aka "Domingo", (hereinafter Reyes) had assassinated Jesus Romero Magana because he was investigating Valdez' criminal activity. B. Gustavo Miranda Santacruz On November 19, 1996, Gustavo Miranda Santacruz (hereinafter "Miranda") made a declaration before Assistant United States Attorney, Gonzalo P. Curiel, acting as Mexico's agent pursuant to a request under the mutual Legal Assistance Treaty that exists between Mexico and the United States. The Secretary of State makes the ultimate decision on whether to surrender the Respondent. 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. A review of the evidence submitted in support of those charges meets the requirements regarding identity and probable cause sufficient to fulfill the fifth extradition requirement. 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. The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. Hodoyan haba estudiado en una . Quines eran los narcojuniors reales de Tijuana? A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. 1462, 1464 (S.D.Tex. [38] These are the same statements offered in this matter to support the request for extradition. The statements attributed to Respondent Valdez from the wiretape surveillance,[35] result in a finding that Alejandro's March 3, 1997 declaration and personal notes were contrived and are unreliable. In the proceeding before this Court, the Republic of Mexico (hereafter Mexico), through the United States government, seeks the extradition of United States citizen, EMILIO VALDEZ MAINERO, alleged to have committed crimes in Mexico. Soto acknowledges having signed the statement as well as affixing his fingerprints. Through observation and discussion, he became privy to the knowledge set forth. Covid-19 Mxico: Suman 218 mil 173 muertes y 1 milln 879 mil 713 personas se han recuperado | Cifras El director general de Epidemiologa, Jos Luis Aloma Zegarra, inform que se registran 21 mil 224 casos activos en el pas; se han aplicado 19 millones 951 mil 121 dosis aplicadas.. Miranda also identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74. 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. 54(b) (5). The entire record supports the finding that probable cause exists with regard to homicide charges. 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. BATTAGLIA, District Judge. 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. The Court denied the motion.[3]. The Ninth Circuit recognizes that barring hearsay from extradition hearings would thwart one of the objectives of bilateral extradition treaties by requiring the requesting nation to send its citizens to the extraditing country to confront the accused. 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. Under Article 10(7) of the Treaty, the probable cause determination is to be made in accordance with the laws of requested party (here, the United States). In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. [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. 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. According to testimony given to . *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. The 33-year-old Mexican . The statement by Cruz to the federal prosecutor did indicate that Cruz had suffered recent physical injury. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. In fact, in the statement to the district judge on October 2, 1996, Mr. Soto indicates that he has no physical defects. 28). Respondent does not dispute that the Treaty requirements have been met with regard to these items with three exceptions. Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. 13, 22 (D.Mass.1989). 896 (S.D.Cal.1993). He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. Get free access to the complete judgment in MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. 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. 956 (1922). 0. He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. "The rationale is that such matters are to be determined solely by the executive branch." In the Matter of Extradition of Contreras,800 F. Supp. "The Secretary of State has sole discretion to refuse extradition on humanitarian grounds because of the procedures or treatment that await the surrendered fugitive." 20, 2013) From Casetext: Smarter Legal Research. Ejecutivo Mercantil Autr. 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. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. Defense counsel was provided for Mr. Soto for purposes of his testimony. Cal. Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. Valdez and Martinez then fled the Holiday Inn in the white Volkswagen. 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. In that statement, Cruz was noted to have suffered multiple burns which were attributed to an incident several days before when he was inspecting the exhaust pipe of a vehicle. 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 . 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. But federal prosecutors said that the information is valuable for this case and others, and that the mens credibility is proved by the way their stories fit together. In re Petition of France for Extradition of Sauvage,819 F. Supp. Several days went by before Cruz met with Valdez, Martinez, Contreras and Cabrera. For the reasons set forth in the Memorandum Decision Denying Bail (see footnote 1), the Court finds that the offense of carrying a firearm exclusive to the Army, Navy and Air Force lacks dual criminality and petitioner fails in its burden regarding extradition on that matter.[18]. 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). 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 . His body was found in Osmun Lake in Pontiac on June 7, 2018 but no arrests were made until April 8 of this year. 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. "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. 534 (1902). 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. There is no evidence, however, in this regard. Miranda declared that Valdez and Martinez committed the murder of Gallardo. 577 (1901). The law limits extradition to circumstances where the Treaty is in full force and effect. This finding could be based upon the testimony of Miranda and Alejandro, alone. October 21, 1996. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. In the Matter of the Extradition of Contreras,800 F. Supp. The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. ("Cruz") In his October 12, 1996 statement, Cruz declared before an agent of the Mexican Federal Public Prosecutor that Valdez, Martinez and, Fabian Partiday, aka "Domingo," described to him crimes that they had committed, the firearms they used to commit the crimes, and the numerous cities in Mexico, in which they had committed crimes in furtherance of the goals of the AFO. [45] The physical injuries to Cruz are certainly suspicious in this regard. R.Crim.P. BATTAGLIA, United States Magistrate Judge. This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. Cruz declared that in April 1996, he received a message from Martinez instructing him to meet at the Glorieta del Angel at 6:00 p.m. At that location, Cruz met with Valdez, Martinez and Contreras. These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. The others in the navy blue Cutlass also left the Holiday Inn and caught up with the white Volkswagen at the village of San Mateo Atenco. Cruz declared that the group told him of multiple murders that they, including Valdez, had committed because the "boss was angry", referring to Ramon Arellano Felix. 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. (3) Fausto Soto Miller. 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). ``Take out your AK-47, and you are going to (expletive) him right now.. Concerning the murder and firearms charge, it is alleged that on April 9, 1996, at approximately 9:30 p.m., in the restaurant at the Holiday Inn in Toluca, Mexico, Jesus Gallardo Vigil, aka "El Bebe", (hereinafter "Gallardo"), and Jesus Sanchez Angulo (hereinafter "Sanchez") were shot and killed by Respondent and Fabian Martinez Gonzalez, aka "Tiburon", (hereinafter "Martinez"). Quines eran los narcojuniors reales de Tijuana? Emilio Ricardo Valds Mainero, (a) "Len" o "Ricardo Gonzlez Len", detenido el 30 de septiembre de 1996, en San Diego, California, por posesin ilegal de armas y de estupefacientes. Respondent's objections to this evidence and his explanatory evidence have already been addressed, and rejected. As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31].