emilio valdez mainero

In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. 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. 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. January 1997: Hodin Gutierrez Rico, a . Peryea v. United States,782 F. Supp. Los narcojuniors reales de la serie 'Narcos Mxico 3' Los narcos asesinan, se ren y despus se van a cenar [38] These are the same statements offered in this matter to support the request for extradition. [30] Respondent's Exhibits H, I and J, respectively, docket No. They are: (1) The Statement of October 12, 1996 at 1:00 a.m. in Mexico City; and. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. 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. 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. 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 . 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. 23. Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. Los narcojuniors . Mr. Valdez became a top operative in the organization, arranging drug . No. Explanatory evidence is allowed only if the evidence would, clearly, negate a showing of probable cause. The Extradition Hearing was continued on several occasions after the January 14, 1997 filing, with the consent of the parties, to allow for further preparation and response to the evidence. No mention of torture or physical abuse is made. 44). Sign up for our free summaries and get the latest delivered directly to you. Matter of Extradition of Mainero, 990 F. Supp. 1208 (S.D. Cal. 1997) We will gather for a memorial service and viewing at 6:00 p.m. Friday, September 6, 2019 followed by a visitation at Lake Ridge Chapel and Memorial Designers. 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. Alejandro's statement, at page 13, implicates Respondent[47] in the murder. 3190. Respondent's discovery request in this regard is denied. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. 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. The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. *1226 In the final analysis, the Ruiz declaration is inadmissible given the lack of authenticity, certification or reliability and does little to support the recantations of Soto and Cruz. At approximately 9:30 p.m. Valdez and Martinez encountered Gallardo whom Valdez planned to assassinate. Court documents say the threat against assistant U.S. Atty. 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. In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. October 21, 1996. de Sicor 1 Acdo. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . Arnbjornsdottir-Mendler v. United States, 721 F.2d 679, 683 (9th Cir. Extradition of Kraiselburd, 786 F.2d 1395, 1399 (9th Cir.1986). Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. Two Mexican men to be extradited for drug-related murders The Court denied the motion.[3]. Seduction of a Generation - Los Angeles Times Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. Defendant Emilio Valdez-Mainero, represented by the Federal Defenders of San Diego, Inc., seeks a 73 month reduction in his sentence on the basis of Amendment 782 to the Sentencing Guidelines which revised the Drug Quantity Table in U.S.S.G. "Lobo" Hodoyn obtiene libertad - Semanario ZETA The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. [27] Soto actually made a series of statements relative to this matter. The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. *1214 (3) First Degree Murder of Jesus Gallardo Vigil and Jesus Sanchez Angulo in violation of Article 302; Article 303, Sections I and III, Article 315 and Article 320 of the Penal Code for the Federal District. 50). On September 30, 1996, the United States Attorney's Office for the Southern District of *292 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 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. 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. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. 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. Por Investigaciones ZETA. The witnesses all identify Respondent as the perpetrator in these regards. Everardo Pez, also known as "El Kitty", was not a person of money, but under the tutelage of Ramn Arellano Flix, he dedicated himself, together with the narco juniors, to cross drugs into the United States without raising suspicions due to his economic status. If the Court determines that all the requisite elements have been met, the findings are incorporated into a certificate of extraditability. 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). 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. Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. 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 . 526/2019. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. [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. Emilio Valdez passed away Saturday, August 31, 2019. Finally, he contests the date of arrest. Since the evidence was undisputed it is not detailed extensively herein. Based on case authorities Respondent's Motion in this regard is denied. After receipt of the diplomatic note, Respondent was then held under the formal request for extradition and not the provisional arrest which had initiated the case. (2) Gustavo Miranda Santacruz. Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. As indicated previously, the extradition hearing is not a trial, nor a criminal proceeding providing respondent with rights available in a criminal trial at common law. A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. Quinn v. Robinson, 783 F.2d 776, 789, 790 (9th Cir.1986). Soto's testimony is based upon his acquaintance with the individuals referenced in the statement, and his role as a cook residing at various times with these individuals. ``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. This is part of the framework created by case law in these proceedings. DRUG GANG'S LONG ARM GRIPS MEXICO - The Washington Post As earlier stated, the circumstances of Alejandro's testimony are not suggestive of torture, coercion or duress. It is argued that Vasquez suffered similar mistreatment at the hands of the Mexican authorities and had recanted the statement attributed to him in Mexico's case in chief. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. 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. California. 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. (5) The facts and the personal information of the person sought which will permit his identification and, where possible, information concerning his location; (6) A certified copy of the warrant of arrest issued by the judge or judicial officer [in Mexico]; and. As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. "The Secretary of State has sole discretion to refuse extradition on humanitarian grounds because of the procedures or treatment that await the surrendered fugitive." Extradition of Mainero, Matter of, 950 F. Supp. 290 | Casetext Search I Background. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. That conclusion is based on the following analysis. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. Extradition case of Mexican men reveals details of vicious drug gang Galanis v. Pallanck, 568 F.2d 234 (2d Cir.1977); Sayne v. Shipley, 418 F.2d 679 (5th Cir.1969) cert. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. Ahora me siento segura ya que me entero inmediatamente de todo lo que sucede, inclusive antes que mi abogado y que el abogado de . While 3188 requires the United States to deliver a person committed for extradition to a foreign government within two months, that provision has no application to the proceedings in this case, at this stage, as commitment does not occur prior to the certification of the Respondent's extraditability by the Court. Chapo Guzman gave marijuana to Gallardo so that he could move it into the United States, but afterwards, Chapo Guzman sent the Federal Police after him. No case authority is offered in this regard. The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. Garcia-Guillern v. United States, 450 F.2d 1189, 1192 (5th Cir. [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. at 77, 78. 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. 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. Furthermore, the sworn witness statements in the instant case are the type of evidence contemplated by the Treaty to avoid the need for the requesting country to send its witnesses to the requested country to testify at the extradition hearing. From Pampered Sons To Hit Men? - The Seattle Times Case Number: 97CR2149 JM (S.D. 1462, 1469 (S.D.Tex.1992). 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. Argument, inference and innuendo is all that has really been presented here. [48] Authority for this proposition is gathered from dicta in some case law in that there is no direct authority for this proposition. Miranda was granted "use immunity" for giving the statement. These three were carrying short range firearms in a white Volkswagen. After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. 2d 208. 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. 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. Again, no more precise recantation of the specific events exists. El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . "The rationale is that such matters are to be determined solely by the executive branch." 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. 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 . In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. Narcos Mxico 3: de Kitty Pez a los Arellano Flix - infobae Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. Soto extensively describes other, numerous criminal activities of the AFO. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). 3184. QUIERE LIBERTAD, DEBE VIDAS - Semanario ZETA In fact, in the statement to the district judge on October 2, 1996, Mr. Soto indicates that he has no physical defects. California. Each "recantation" is essentially a denial of the former statement(s) in their entirety and an allegation of torture and abuse at the hands of the Mexican authorities. (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. Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. United States v. Valdez-Mainero - casetext.com [37] Respondent criticizes Mexico for not filing this set of documents. [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). 96-1798-M. United States District Court, S.D. [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. The contours do not lend themselves, nor invite the type of inquiry required to evaluate the humanitarian concerns of the magnitude suggested by Respondent. 934 (D.Mass.1996). According to testimony given to Mexican authorities, the Arellanos _ led by brothers Benjamin, Ramon, Javier and Francisco _ have been able to coordinate major assassinations with the aid of the attorney general of Baja California, Jose Luis Anaya Bautista. United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). Narcos Mxico: who were the narcojuniors in real life - El Comercio 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. Recanting statements are relevant as they affect probable cause, but a showing that the prior statement is coerced and that indicia of reliability is on a subsequent recantation is the appropriate point of analysis on this issue. [31] See discussion at page 1213, line ___, et seq. R.Crim.P. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. [48] Evidence submitted in this regard includes the "recantations" regarding the use of torture to extract statements from the witnesses as well as the alleged abduction of Alejandro. 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 . While obviously nervous as he recounts the AFO's activities, there are no signs of physical abuse or manifestations consistent with psychological pressure or duress. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. NARCOTRAFICO: DETENCIONES DE 1RA GENERACION DEL CAF - Blogger There is no prohibition against hearsay in the extradition context because the Federal Rules of Evidence, which proscribe hearsay, do not apply to extradition. 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. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). Background. 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". He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. The filing of certified documents permitted Mexico to go forward with the extradition proceeding under the Treaty. 029n1est - La Jornada Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. The government's request for the stay was denied sustaining Respondent's objection and request to proceed. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Background. The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. 1978). The Department of Justice shall prepare a certification consistent with this memorandum as required by 18 U.S.C. BATTAGLIA, United States Magistrate Judge. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . [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. [13] The documents themselves do not have to filed in court by the 60 day period, only received by the United States. Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix The March 3, 1997 date is taken from the first line of the document. 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. In the Matter of Extradition of Contreras,800 F. Supp. 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. E. Alejandro Enrique Hodoyan Palacios On November 30, 1996, Alejandro Enrique Hodoyan Palacios (hereinafter "Alejandro") gave a deposition at the office of the Attorney General of the United States of Mexico.

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