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. 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. EMILIO VALDEZ MAINERO | DataJuridica.com 1462, 1469 (S.D.Tex.1992). This element was not challenged by the Respondent. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." 1983). 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 . 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"). After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. The holding in Gallina, however, offers no support for Valdez' claim. He later was charged with several murders, including Ibarras. 956 (1922). [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. The complaint . The Ruiz statement also describes the "detention" of Alejandro and Francisco Cabrera Castro, aka "Piedras". Collins v. Loisel,259 U.S. 309, 316, 42 S. Ct. 469, 66 L. Ed. [33] On June 19, 1997, Respondent filed a REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY requesting, among other things, that the Court "order the government to turn over any other relevant information which might help the detainee explain the `evidence' lodged against him" (Docket No. denied, 454 U.S. 894, 102 S. Ct. 390, 70 L. Ed. Soto also explains the details of the alleged abuse visited upon him. 'Narcos: Mxico 3' reparto: Quin es 'Kitty' Pez? Historia - RPP denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. Extradition of Mainero, Matter of, 950 F. Supp. 290 | Casetext Search He declared that, in May, 1992, Ramon Arellano-Felix and Valdez killed rival drug traffickers, the Olmos brothers, and that Valdez told him and other members of the AFO that Valdez would pay $150,000 to them if they took the blame for the Olmos murders. There is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). 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, 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. denied, 398 U.S. 903, 90 S. Ct. 1688, 26 L. Ed. Respondent's roles and activities in these regards is specifically referenced. emilio valdez mainero. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. Gerardo Cruz Pacheco, a former presidential security guard, told Mexican officials he helped the gunmen escape after the Holiday Inn murder by forming a wall of cars as they drove off. Background. Matter of Extradition of Mainero, 990 F. Supp. 1208 (S.D. Cal. 1997) 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. Quin era en realidad 'El Kitty', narcojunior al que da vida Bad Bunny Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). Fed.R.Evid. Tijuana Cartel Escalates Violence Along Border 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. If the Court determines that all the requisite elements have been met, the findings are incorporated into a certificate of extraditability. The murder and conspiracy offenses, above described, survive the Respondent's challenge. Cruz testified based upon his personal acquaintance with the individuals named in the statement, and his participation in various events and circumstances, as well as conversations, with the individuals involved. Appellant asked the Court of Appeals to stop his extradition because he had been convicted in absentia in Italy and, therefore, would be imprisoned without trial, be unable to confront his accusers and would not be able to conduct a defense. A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. 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. The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. *1220 At approximately 9:30 p.m., Cruz, who was about twenty meters away from the entrance of the Holiday Inn heard several firearms shots. emilio valdez mainero - reyasroom.com 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 . "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. 18 U.S.C. (3) Fausto Soto Miller. The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. In re Petition of France for Extradition of Sauvage,819 F. Supp. 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. Collins v. Loisel,259 U.S. 309, 317, 42 S. Ct. 469, 66 L. Ed. The various activities included a number of incidents of transportation of illegal drugs and homicide. 1101(d) (3); and Fed. Valdez then smiled and announced, "The Baby paid me off. Bingham v. Bradley,241 U.S. 511, 36 S. Ct. 634, 60 L. Ed. BATTAGLIA, United States Magistrate Judge. 1978). [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. Miranda's statement was given to an officer of this Court. [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. 448 (1901). Miranda's testimony is not only generally consistent with the statements of others, but is based upon his acquaintance and involvement with the individuals described therein. QUIERE LIBERTAD, DEBE VIDAS - Semanario ZETA Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). 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. 1462, 1464 (S.D.Tex. 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. [41] All of these individuals are described as "prisoners" in the statement. Id. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. [30] Respondent's Exhibits H, I and J, respectively, docket No. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. These statements are also corroborated in significant part by Alejandro's declaration. 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. Mexico more correctly characterizes the Ruiz statement as a summary of statements by Seargent Ruiz. The court, for reasons explained below, grants the petition, finding the detainee extraditable. As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. 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 goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". [42] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION (Docket No. 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. Under 18 U.S.C. Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. "EL Lobo"Hodoyan of the CAF gains his freedom - Borderland Beat 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. emilio valdez mainerospiral pattern printing in c. phillies front office salaries In Gallina, commissioner found the appellant subject to the extradition in Italy. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. 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. United States v. Manzi, 888 F.2d 204, 206 (1st Cir. 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)). *1225 Seargent Ruiz' statement appears to confirm Soto's statement that he was arrested prior to the September 27, 1996 date set forth in the statements made to the Mexican authorities. No mention of torture or physical abuse is made. 2d 74 (1960), as the case that establishes the possibility of a "humanitarian exception" based on the "federal court's sense of decency." Tijuana Scions of Privilege Alleged to Be Drug Hit Men 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. No applicable authority was presented on this point and prevailing authority as set forth herein supports this ruling. [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. 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. On the other hand, the formal statements of Soto and Cruz have significant detail concerning the personal background of the witnesses and the specifics of the offenses and related matters. 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. Seduction of a Generation - Los Angeles Times The certificate is forwarded to the Department of State. 24). The law limits extradition to circumstances where the Treaty is in full force and effect. 777(N.D.Cal.1985). Respondent also challenges compliance with the Treaty, and urges his release in these proceedings, relative to the "late filing" of certified documents in this case. Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix 5.1 is denied. The "recantations" from Cruz and Soto are in the form of testimony before a judge of the First District of Federal Criminal Proceedings in the State of Mexico. 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 . Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. Valdez moved the Court for release under the special circumstances doctrine. NARCOTRAFICO: DETENCIONES DE 1RA GENERACION DEL CAF - Blogger 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. Los narcojuniors reales de la serie 'Narcos Mxico 3' Date published: Mar 20, 2013. The certified documents submitted by Mexico, including the statements of Cruz, Miranda, Soto, Vasquez and Alejandro are admitted into evidence in accordance with Article 10(6) of the subject Treaty and 18 U.S.C. The witnesses all identify Respondent as the perpetrator in these regards. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. Appellant then filed a writ of habeas corpus with the district court. (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. de Sicor 1 Acdo. Respondent has no right to rebut prosecutorial evidence (here, the basis and procedural compliance with the laws of Mexico as well as the determination of probable cause to issue the warrant in Mexico). 40). The entire record supports the finding that probable cause exists with regard to homicide charges. These issues were analyzed under that premise. The Ninth Circuit has held that self incriminating statements of accomplices are sufficient to establish probable cause in an extradition hearing. Emilio Valdez passed away Saturday, August 31, 2019. 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. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Tambin se encontraban en este grupo 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. United States District Court, S.D. Tras 20 aos en prisn "El Lobo" Hodoyn del Crtel Arellano Flix 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. 96-1798-M. United States District Court, S.D. The Ninth Circuit has labeled the above statement from Gallina as speculation. Defense counsel was provided for Mr. Cruz Vasquez identifies himself as a member of the AFO and states that in March, 1996, he had several visitors to his home, including Respondent Valdez, Martinez, and co-extraditee Alfredo Hodoyan Palacios. 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 court, for reasons explained below, grants the petition, finding the detainee extraditable. The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. Quines eran los narcojuniors reales de Tijuana? DRUG GANG'S LONG ARM GRIPS MEXICO - The Washington Post

Oklahoma Vehicle Registration Fees Calculator, Articles E