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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. 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. En 1995, su reinado lleg a su fin. 1136 (1916). [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Mexican prosecutors persuade California courts to send Alfredo Hodoyan Palacios and Emilio Valdez Mainero, alleged paid killers for a vicious drug ring based in Tijuana, back to Mexico to face . EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. 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 notes are identified by Augustin Hodoyan, Alejandro's brother. 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. BATTAGLIA, United States Magistrate Judge. Matter of Extradition of Mainero :: California Southern District Court 1996) on CaseMine. A certified copy of the extradition Treaty between the United States of America and Mexico of May 4, 1978 *1217 (TIAS 9656) was submitted by the United States in support of its position that the Treaty is presently in full force and effect. The two cars stopped in the village of San Mateo Atenco. 39); and, SUPPLEMENTAL ORDER DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 12, 1997 (Docket No. 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. Treaties, by design, live well beyond the administration involved in their enactment. The court denied the writ. Respondent asserts that Soto lost an eye as a result of the torture used by Mexico to extract his statement[39]. 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). Mr. Valdez was referred to as "El Cabezon", "C.P. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . 5.1 is denied. 18 U.S.C. The date of production for the photographic evidence was set for November 5, 1997[9] and later extended with properly authenticated and certified originals being filed on December 1, 1997. 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. 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. The United States has filed videotapes of Alejandro's November 30, 1996 deposition. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." 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. Soto also explains the details of the alleged abuse visited upon him. (4) Alejandro Enrique Hodoyan Palacios In his November 30, 1996 deposition, Alejandro not only discussed the murder of Gallardo and Sanchez, but he also discussed other criminal activity involving the AFO and including the activities of Respondent Valdez. Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. Columna. November 4, 1997. Nobody threatens my brother because the moron who does it, dies."[12]. 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 . One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. 526/2019. denied, 405 U.S. 989, 92 S. Ct. 1251, 31 L. Ed. Los narcojuniors reales de la serie 'Narcos Mxico 3' The credible evidence, satisfies Mexico's burden in this respect[44]. [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. (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. emilio valdez mainero - polucon.com [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. Buscar. The essential question is whether the indicia of reliability is on the recantation or the initial statement. In support of its extradition request on the charge of criminal conspiracy, Mexico has provided, among other things, the following sworn, certified and authenticated witness statements which detail Valdez' membership and participation in the Arellano Felix drug trafficking organization: (1) Gerardo Cruz Pacheco aka "Capitan". However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. *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. Extradition of Mainero, Matter of, 990 F. Supp. 1208 - Casetext [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. The complaint . This is part of the framework created by case law in these proceedings. This document is submitted to be from the files in the prosecution of General Gutierrez Rebollo, by the Republic of Mexico, in Mexico. 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). 1 Since there is no right of appeal from extradition orders, Valdez and Hodoyan filed petitions for writs of habeas corpus in . Respondent's request for discovery is denied. Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). 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. Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . 448 (1901). The filing of certified documents permitted Mexico to go forward with the extradition proceeding under the Treaty. 1462, 1464 (S.D.Tex. 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. Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. 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. Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). QUIERE LIBERTAD, DEBE VIDAS. The Court concludes that each of the crimes for which extradition is requested by Mexico are among those specified in the Treaty but that only Criminal Association and First Degree Murder are analogous to United States law. Quines son los narcojuniors reales de Narcos Mxico 3 - EL DEBATE Id. Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. The 33-year-old Mexican . The witnesses go on to attribute a number of other incidents based upon their personal knowledge occurring since 1994 which are competent for a finding of probable cause on this charge as well. Mexican Tale: Drugs, Crime, Torture and the U.S. 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. De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. Martinez told Cruz that he would receive some money if Cruz would hold the 38 Super and the 9mm guns that they had used to kill Gallardo and Sanchez. 534 (1902). The Court denied the motion.[3]. On October 22, 1997, the Court issued an Order directing the United States Attorney to produce photographic evidence referenced in witness statements and related to the issue of the identity of Respondent. The Court's direction to the United States to request from Mexico a copy of the signed statement by Ruiz or other information confirming its authenticity and the actual arrest dates of the individuals involved has been met with a response that this information is not available. 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. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. Matter of Extradition of Mainero, 990 F. Supp. 1208 (S.D. Cal. 1997) According to testimony given to . 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. Background. 777(N.D.Cal.1985). Background. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. 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. Este es el miembro del Crtel Tijuana que interpreta Bad Bunny en Matter of Extradition of Koskotas, 127 F.R.D. 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]. They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. 50). 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. Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . [37] Respondent criticizes Mexico for not filing this set of documents. Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. 3188 for a similar proposition. Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. 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. at 77, 78. The Department of Justice shall prepare a certification consistent with this memorandum as required by 18 U.S.C. In September of 2002, a Judge of the Federal Penal Processes in Mexico State found El Lobo, La Piedra and El Capitan guilty, and sentenced them all to . Connect with the definitive source for global and local news. 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. the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. 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. Finally, Respondent filed FINDINGS OF MEXICAN LAW EXPERT RODOLFO GASTELUM PEREZ RE: ABSENCE OF PROBABLE CAUSE; SYNOPSIS; AND CURRICULUM VITAE which asserted procedural, substantive and constitutional infirmities under Mexican law in the extradition request and in the arrest warrant. denied, 398 U.S. 903, 90 S. Ct. 1688, 26 L. Ed. Valdez shot and killed Gallardo as well as Sanchez who happened to be in the corridor at the time of Gallardo's murder. 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. In re Sindona,450 F. Supp. Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. It was at one of the celebrations that they met Emilio Valdez Mainero, the son of a colonel who was once a member of the presidential guards.Later they contacted Alfredo Hodoyan Palacios, who was the son of a wealthy businessman from the city.Alfredo had been born and studied in USA, so it was easier for the drug to pass through the border without generating suspicion. He also stated that it was Valdez who assigned him the code name "F7". The Department of States's opinion is entitled to deference. 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. The contours do not lend themselves, nor invite the type of inquiry required to evaluate the humanitarian concerns of the magnitude suggested by Respondent. Threats at the time were taken seriously, especially given the high profile murders of Tijuana's police chief in February 2000, followed shortly by the murder of Jose Patio . Quines son los narcojuniors en los que est basada la historia . ``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 allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996.