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. (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. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. Elias v. Ramirez,215 U.S. 398, 30 S. Ct. 131, 54 L. Ed. In the supplemental request for extradition filed in January, 1997, the facts supporting the firearms offense were related to the first degree murder of Mr. Gallardo and Mr. Sanchez alleged to have occurred on or about April 9, 1996. 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. Miranda added that the motivation for assassination was that Gallardo had threatened Gabriel Valdez Mainero (Emilio Valdez Mainero's brother) with a firearm.[26]. 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. [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]. In making this ruling, the Court of Appeals stated: After making its holding, the Gallina court did state that a case might occur in which the extraditee "would be subject to procedures or punishments so antipathetic to a federal court's sense of decency as to require reexamination of the [the general principle upholding extradition.]" Los narcojuniors reales de Tijuana. 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. The principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. ``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 Department of States's opinion is entitled to deference. The court, for reasons explained below, grants the petition, finding the detainee extraditable. There is no question, and no conflict in the evidence, that Gallardo and Sanchez were shot and killed by two individuals on April 9, 1996, at approximately 9:30 p.m., at the entrance of the restaurant at the Holiday Inn in Toluca, Mexico. 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. Under Article 10 of the Treaty, the request for extradition is required to contain the description of the offense for which extradition is requested and shall be accompanied by: (1) A statement of the facts of the case; (2) The text of the legal provisions describing the essential elements of the offense; (3) The text of the legal provisions describing the punishment for the offense; (4) The text of the legal provisions relating to the time limit on the prosecution of the offense; and. 3190. The complaint . 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. [48] Authority for this proposition is gathered from dicta in some case law in that there is no direct authority for this proposition. at 1450-1451. When the two cars arrived at the Holiday Inn in Toluca, Valdez got out of the white Volkswagen and told Contreras, "Be, cautious, wait for me here and when you see us going out from the parking lot in the white Volkswagen, you should form a `wall' so that we cannot be followed.". 290 Brought to you by Free Law Project, . [27] Soto actually made a series of statements relative to this matter. 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. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. "El Lobo" tambin fue capturado en los Estados Unidos junto con el tijuanense Emilio Valdez Mainero "El Radioloco", ambos extraditados a Mxico en enero de 1998 y tambin remitidos a Almoloya de Jurez. 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. Appellant then filed a writ of habeas corpus with the district court. [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. The credible evidence, satisfies Mexico's burden in this respect[44]. United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). The testimony of Miranda, taken by Assistant United States Attorney Curiel, corroborates the substance of the evidence collected at the *1228 scene and statements by non-involved witnesses. Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. California. 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. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . Under 18 U.S.C. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. On July 29, 1997, Respondent filed a Motion to Reopen Evidence in this matter. 970 (1925); the probable cause is sustained if competent evidence to establish reasonable grounds is presented, not necessarily evidence competent to convict. 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. The suggestion of torture is certainly present in the record. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. For this reason, Respondent's challenge in this regard is denied. 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. Article 11, Paragraph 3, provides that the provisional arrest "shall be terminated" if the United States does not receive the formal request for extradition and the necessary documents specified in Article 10 within 60 days after the detainee's apprehension. Respondent's reliance upon Article 11, Paragraph 3, is misplaced. Through observation and discussion, he became privy to the knowledge set forth. Por Investigaciones ZETA. Valdez then smiled and announced, "The Baby paid me off. 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. 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". Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. 777(N.D.Cal.1985). As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. Publicado: 5/6/2021 7:10:25 PM. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). Alejandro's statement, at page 13, implicates Respondent[47] in the murder. 371. Valdez was ordered detained following arraignment. *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. 18 U.S.C. 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]. 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. Opinion for Matter of Extradition of Mainero, 950 F. Supp. United States v. Kin-Hong, 110 F.3d 103 (1st Cir. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). In fact, Respondent urges the Court to dismiss this proceeding stating that the Mexican Attorney General's office held back these statements because of their negative impact on the probable cause analysis. 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. "The rationale is that such matters are to be determined solely by the executive branch." [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. 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. The document is not authenticated. 563, 572 *1219 (S.D.N.Y. 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. Specifically, their testimony is summarized as follows: A. Gerardo Cruz Pacheco, aka "Capitan," On October 12, 1996 at 1:00 p.m.,[23] Gerardo Cruz Pacheco, aka "Capitan," (hereinafter "Cruz"), made a signed statement before Alma Leticia Lares Tenorio, an agent of the Mexican Federal Public Prosecutor. [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. denied, 398 U.S. 903, 90 S. Ct. 1688, 26 L. Ed. Augustin also indicates that Alejandro told him that the Mexican officers intended to torture and kill Alfredo Hodoyan Palacios should he be extradited to Mexico. 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. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. [37] Respondent criticizes Mexico for not filing this set of documents. Argument, inference and innuendo is all that has really been presented here. En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. No charges have been filed against Anaya, and he denies the allegations. 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. He also stated that it was Valdez who assigned him the code name "F7". 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. He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . Nobody threatens my brother because the moron who does it, dies.". October 21, 1996. [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. 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. 1983). 44). Ejecutivo Mercantil Autr. [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. I Background. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. 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. La pequea y poco conocida . Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. 896 (S.D.Cal.1993). In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. 830 (1911). It was not until October 2, 1996 that Soto described the alleged torture to the judge in Mexico. 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. Get free summaries of new Southern District of California US Federal District Court opinions delivered to your inbox! Mexico takes issue with the March 3, 1997 declaration, noting that it was not signed by the declarant, nor is part of an official proceeding or under penalty of perjury. 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. *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. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. Defense counsel was provided for Mr. Cruz. The contours of the extradition proceeding were shaped by the Treaty and statute. In Zanazanian, the Ninth Circuit held that police reports which summarize the statements of witnesses are competent evidence, *1227 even though the same documents would be inadmissible hearsay in other contexts. Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. 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. (2) Gustavo Miranda Santacruz. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. For the reasons set forth in footnote 32 an extended analysis of the recantation is not set forth, nor is the recantation viewed any differently than those of Cruz and Soto. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. [15] The Treaty, in Article 11, and 18 U.S.C. 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 . Prior to the June 30, 1997 evidentiary hearing on the extradition requests, there were numerous other filings by the United States and by counsel for the detainee as well as several status hearings. 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. 777 (N.D.Cal.1985). 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. 1136 (1916). 834 F.2d 1444, 1453. I Background Support for its origin is suggested from a New York Times article[40]. 25. Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. When he appeared in court, the judge also noted, on the record, residual signs of physical injury. ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. (5) Gilberto Vasquez Culebro. Fed.R.Evid. Valdez also faces charges of arranging the sale of a kilogram of heroin to a fellow inmate through friends outside prison. 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. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. In the Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996. An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. 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. 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 and Martinez then fled the Holiday Inn in the white Volkswagen. 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. The court, for reasons explained below, grants the petition, finding the detainee extraditable. A great number of questions exist, and many questions remain unanswered in this case. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. 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. 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. The Court finds that the videotapes do show a cooperating witness. 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]. [13] The diplomatic note related to the initial firearms charge[14] and the criminal association charge. Republic of France v. Moghadam,617 F. Supp. If the Court determines that all the requisite elements have been met, the findings are incorporated into a certificate of extraditability. In re Petition of France for Extradition of Sauvage,819 F. Supp. October 21, 1996. There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. Quines son los narcojuniors en los que est basada la historia . 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").
emilio valdez mainero