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narcoseries Netflix. 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. 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 . 1103. 18 U.S.C. 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. 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. One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. [41] The statement of Francisco Cabrera Castro, aka "Piedras" is offered in the Extradition of Alejandro Hodoyan Palacios, 96mg1828 AJB. 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. The Department of Justice shall prepare a certification consistent with this memorandum as required by 18 U.S.C. The March 3, 1997 date is taken from the first line of the document. 777(N.D.Cal.1985). Los narcojuniors reales de Tijuana. No precise authority is offered in regard to this premise. 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. [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. 290 Brought to you by Free Law Project, . 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. Miranda declared that Valdez and Martinez committed the murder of Gallardo. 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. These three were carrying short range firearms in a white Volkswagen. 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). This finding could be based upon the testimony of Miranda and Alejandro, alone. Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. October 21, 1996. denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. The Ninth Circuit has held that self incriminating statements of accomplices are sufficient to establish probable cause in an extradition hearing. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. As to item 7, the sufficiency of the evidence, Respondent contends that the probable cause element has not been met and, therefore, there is no justification for his apprehension and commitment for extradition to Mexico. Defense counsel was provided for Mr. Soto for purposes of his testimony. When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. It is further argued that there is a strong motivation on behalf of the Hodoyan family to help Respondent and this would give rise to questions with regard to the trustworthiness of the document. Ultimately, the United States sought to stay the proceedings for an additional ninety (90) day period. The certified documents included diplomatic note 001831 dated November 25, 1996 from the Embassy of Mexico formally requesting the extradition of Respondent on the firearms and conspiracy charges. Ahora me siento segura ya que me entero inmediatamente de todo lo que sucede, inclusive antes que mi abogado y que el abogado de . [30] These statements challenge the "motive" for the Gallardo murder as stated by Cruz and Miranda. 39); and, SUPPLEMENTAL ORDER DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 12, 1997 (Docket No. [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. [48] Authority for this proposition is gathered from dicta in some case law in that there is no direct authority for this proposition. 830 (1911). 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. The notes are identified by Augustin Hodoyan, Alejandro's brother. [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. Bingham v. Bradley,241 U.S. 511, 517, 36 S. Ct. 634, 60 L. Ed. Barrett v. United States, 590 F.2d 624 (6th Cir. [18] In the original request, Mexico sought extradition on the firearm offense related to events and circumstances alleged to have occurred on April 13, 1994. 50). 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. 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. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. The contours of the extradition proceeding were shaped by the Treaty and statute. The principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. 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. Criminal activity is defined as those who agree to or plan the crime, commit the crime themselves and/or commit the crime jointly with others (Article 13, Sections 1 through 3, inclusive). Bingham v. Bradley,241 U.S. 511, 36 S. Ct. 634, 60 L. Ed. The record is overwhelming with eyewitness testimony,[20] autopsies and physical evidence from the scene to establish these facts. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. 534 (1902). Support for its origin is suggested from a New York Times article[40]. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. 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 . Fausto Soto Miller presented The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. The others drove in a white Volkswagen. Publicado: 5/6/2021 7:10:25 PM. 33. [5] This Declaration is filed in Case No. [19]Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. See footnote 25. [2] The warrant was issued on a Complaint charging Respondent with carrying a firearm exclusively reserved for the military in violation of Articles 160 and 162, paragraph 3, Criminal Code for the Federal District. *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. *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. 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. [30] Respondent's Exhibits H, I and J, respectively, docket No. 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 extradition proceeding is not a criminal trial nor is Respondent entitled to the rights available in a criminal trial at common law. In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. 956 (1922), In re Locatelli,468 F. Supp. Valdez was ordered detained following arraignment. Collins v. Loisel,259 U.S. 309, 317, 42 S. Ct. 469, 66 L. Ed. [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. [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. 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. the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. The long list of challenges to the probable cause finding in Mexico and the other alleged infirmities are not fully set forth herein as the Court finds the opinions of Attorney Gastelum are irrelevant to these proceedings. In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. 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. Demandado: Emilio Ricardo Valdez Mainero. The videotapes clearly demonstrate Alejandro's demeanor. Connect with the definitive source for global and local news. The court, for reasons explained below, grants the petition, finding the detainee extraditable. In Shapiro v. Ferrandina,355 F. Supp. Respondent asserts that Soto lost an eye as a result of the torture used by Mexico to extract his statement[39]. Background. The Court is not limited in its receipt of this evidence by virtue of the lack of certification. Mexico also takes the position that the statement is inaccurate and not properly certified or executed. emilio valdez mainero. ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. Defense counsel was provided for Mr. Cruz. Miranda also stated that in 1992, Valdez was in charge of cocaine trafficking, and that later, Valdez trafficked in 200 to 400 kilogram shipments of marijuana for the AFO. 00:15. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. 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. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. 96mg 1828(AJB). [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". Print material from AMNESTY INTERNATIONAL has also been filed. The Ninth Circuit held that "[t]his contention lacks merit because under general extradition of the United States and under the provisions of Treaty, the hearsay statements Keller summarized in his affidavit are competent evidence." Finally, the scope of admissible evidence in an extradition hearing is guided by the distinction between contradictory and explanatory evidence. [9] See ORDER DIRECTING THE FILING OF ADDITIONAL EVIDENCE filed October 23, 1997 (Docket No. 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). 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. Quines eran los narcojuniors reales de Tijuana? Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. 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. *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. 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. You already receive all suggested Justia Opinion Summary Newsletters. The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. 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. In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. 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. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . In response to this evidence, Valdez offers statements of Gabriel Valdez, Marci Ramirez Marin de Gonzalez and Eva Marin viuda de Pena. 1136 (1916). If the Court determines that all the requisite elements have been met, the findings are incorporated into a certificate of extraditability. The Treaty between the United States and Mexico calls for probable cause to be measured by the standards established in the requesting country. De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix En 1995, su reinado lleg a su fin. 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. 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. Galanis v. Pallanck, 568 F.2d 234 (2d Cir.1977); Sayne v. Shipley, 418 F.2d 679 (5th Cir.1969) cert. Appellant appealed the habeas corpus denial to the Second Circuit. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 1462, 1469 (S.D.Tex.1992). This evidence is clearly contradictory and inadmissible under Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. The United States has filed videotapes of Alejandro's November 30, 1996 deposition. 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". Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". 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 . 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.]" one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; 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. 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. 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. These statements do not add a great deal to Mexico's case regarding this Respondent. [6] See ORDER DENYING RESPONDENT'S MOTION TO REOPEN EVIDENCE AND DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 11, 1997 (Docket No. Fed.R.Evid. Treaties, by design, live well beyond the administration involved in their enactment. 442 (S.D.Cal.1990). Miranda added that the motivation for assassination was that Gallardo had threatened Gabriel Valdez Mainero (Emilio Valdez Mainero's brother) with a firearm.[26]. This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. In re Petition of France for Extradition of Sauvage,819 F. Supp. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned.