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Valdezs attorney said some of the statements were extracted under torture. 956 (1922). The case against the juniors spilled into U.S. courts after the Sept. 30 arrest of Emilio Valdez Mainero, 32, the baby-faced son of a deceased Tijuana colonel. Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. 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. In the proceeding before this Court, the Republic of Mexico (hereafter Mexico), through the United States government, seeks the extradition of United States citizen, EMILIO VALDEZ MAINERO, alleged to have committed crimes in Mexico. 3188 for a similar proposition. 5.1 is without authority and is unavailable in any event under prevailing authority. 00:15. De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . Miranda details numerous other criminal activities in which Valdez and others in the AFO were involved, including the assassination of Larios Guzman, the July 1994 assassination of multiple military officers, the kidnaping and murder of a person with the last name Margain, and the kidnaping of a man with the last name Baloyan. [15] The later supplementation of the record and the supplementation of Mexico's request for extradition, with additional charges, are not inconsistent with the Treaty or its provisions. No precise authority is offered in regard to this premise. Mr. Soto also provides a physical description of Respondent. Alejandro provides an unrestrained narrative discussion of various events and circumstances, prompted by periodic questions and all simultaneously recorded in an office on CPU's. [17] Article 9(1) provides in pertinent part, "the executive authority of the requested party shall have the power to deliver them up if, in its discretion, it is deemed proper to do so". EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Respondent had indicated that a recantation by Vasquez would be filed, but no such document has been offered in evidence in this case. California. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. 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"). Nobody threatens my brother because the moron who does it, dies."[12]. The court, for reasons explained below, grants the petition, finding the detainee extraditable. The Second Circuit affirmed the denial of the habeas corpus petition. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. In Gallina, commissioner found the appellant subject to the extradition in Italy. 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. 1103. 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. 124 F.3d 1186, 1997 WL 624797 (9th Cir.). The others drove in a white Volkswagen. ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. No case authority is offered in this regard. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. Valdez moved the Court for release under the special circumstances doctrine. [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". 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"). For this reason, Respondent's challenge in this regard is denied. Quines eran los narcojuniors reales de Tijuana? Columna. 577 (1901). 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. 23. [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. In the Matter of Extradition of Contreras,800 F. Supp. [27] Soto actually made a series of statements relative to this matter. MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. The United States has filed videotapes of Alejandro's November 30, 1996 deposition. 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). There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. In Matter of Extradition of Pazienza,619 F. Supp. Connect with the definitive source for global and local news. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. 830 (1911). denied, 454 U.S. 894, 102 S. Ct. 390, 70 L. Ed. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. ), affirmed as modified, 478 F.2d 894 (2d Cir.1973) the court stated in part: The magistrate judge conducting the extradition proceeding has wide latitude in admitting evidence. [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". No mention of torture or physical abuse is made. They are: (1) The Statement of October 12, 1996 at 1:00 a.m. in Mexico City; and. 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. [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. 5.1 is denied. 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. ("Cruz") In his October 12, 1996 statement, Cruz declared before an agent of the Mexican Federal Public Prosecutor that Valdez, Martinez and, Fabian Partiday, aka "Domingo," described to him crimes that they had committed, the firearms they used to commit the crimes, and the numerous cities in Mexico, in which they had committed crimes in furtherance of the goals of the AFO. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . 000012 dated January 3, *1213 1997. 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. 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. At the time, Emilio Valdez Mainero, a member of the Arellano Flix cartel, said in a bugged conversation with a inmate-turned-informant that he wanted to kill Curiel. 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. 1136 (1916). [25] While there is no corroborating evidence outside of this declaration itself, that Mr. Curiel was in fact an agent of Mexico under the mutual legal assistance treaty, nor was a copy of that treaty provided, this evidence is received over respondents objection and pursuant to Article 10(6) of the Treaty and 18 U.S.C. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. BATTAGLIA, District Judge. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. at 77, 78. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). Republic of France v. Moghadam,617 F. Supp. The environment where the deposition was taken is not suggestive of any coercive circumstances. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. In the Matter of the Extradition of Contreras,800 F. Supp. In the proceeding before this Court, the Republic of Mexico (hereafter Mexico), through the United States government, seeks the extradition of United States citizen, EMILIO VALDEZ MAINERO, alleged to have committed crimes in Mexico. 18 U.S.C. United States District Court, S.D. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. In the final analysis, this Court is required to look at the indicia of reliability with regard to the persuasiveness of this evidence. At approximately 9:30 p.m. Valdez and Martinez encountered Gallardo whom Valdez planned to assassinate. C. Fausto Soto Miller, aka "Chef" In his September 27, 1996[27] declaration before an agent of the Mexican Federal Public Prosecutor, Fausto Soto Miller, "Chef," (hereinafter *1221 "Soto") stated that he was aware of the personal problems between Valdez and Gallardo, arising out of a threat with a firearm against Gabriel Valdez made by Gallardo. The 33-year-old Mexican . 54(b) (5). During the meeting, the group discussed their plans to kill enemies of their interests, including Amado Carillo, a rival drug trafficker. ``Take out your AK-47, and you are going to (expletive) him right now.. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. 1462, 1464 (S.D.Tex.1992). 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." The charge related to the 1994 event has been abandoned. Case Number: 97CR2149 JM (S.D. Los jvenes que cayeron en las garras de los hermanos Arellano Flix fueron: Emilio Valdez Mainero, hijo de un guardia presidencial, Alfredo Hodoyan Palacios, hijo de un empresario, Eduardo Len, los hermanos Endir y Henain Meza Castaos, Gustavo Miranda Santa Cruz y Fabin Martnez. In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. 1101(d) (3); and Fed. Mexico also takes the position that the statement is inaccurate and not properly certified or executed. Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. Fed.R.Evid. La pequea y poco conocida . 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. 96mg 1828(AJB). In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. [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. 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. 3184. 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. Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities. Homicide is an extraditable offense under Article 2(1) and Appendix Part 1 of the treaty. Cruz admitted his own involvement in the criminal activities of Valdez and the AFO and admitted that he was paid to assist them in killing the enemies of Ramon Arellano-Felix. 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. Probable cause exists to believe that the Respondent committed the offenses of homicide and criminal conspiracy as charged against him in Mexico. Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. The indicia of reliability is in favor of the formal statements given to the Mexican authorities by Soto and Cruz and not their in court "recantations." 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. 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. According to testimony given to . 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). He also stated that it was Valdez who assigned him the code name "F7". ``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. Magistrate No. *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. [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. [47] Alejandro's testimony also implicates his brother concerning the involvement with the AFO, which relates to the pending extradition of Alfredo Hodoyan-Palacios, 96mg1828(AJB). He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. 12). Valdez then smiled and announced, "The Baby paid me off. The credible evidence, satisfies Mexico's burden in this respect[44]. There, Valdez told the group, "`The Baby' paid me off. United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). Under United States law, (i.e., California Penal Code 187-199) murder is unlawful and similarly defined. El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . The contours do not lend themselves, nor invite the type of inquiry required to evaluate the humanitarian concerns of the magnitude suggested by Respondent. The government's request for the stay was denied sustaining Respondent's objection and request to proceed. 3184, et seq. View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. United States v. Taitz, 130 F.R.D. After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. at 952. The murder and conspiracy offenses, above described, survive the Respondent's challenge. [32] Respondent also argues that the statements of Francisco Cabrera Castro and Edgar Alejandro Gonzalez Gonzalez offered by Mexico were also "extracted" by torture. [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. Covid-19 Mxico: Suman 218 mil 173 muertes y 1 milln 879 mil 713 personas se han recuperado | Cifras El director general de Epidemiologa, Jos Luis Aloma Zegarra, inform que se registran 21 mil 224 casos activos en el pas; se han aplicado 19 millones 951 mil 121 dosis aplicadas.. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. 1989), cert. 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. Lastly, there is no authority that requires a magistrate judge to compel disclosure of explanatory information. 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. In re Petition of France for Extradition of Sauvage,819 F. Supp. Mr. Vasquez states that the individuals acted suspiciously and carried long and short range firearms. 442 (S.D.Cal.1990). 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. [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. 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. These issues were analyzed under that premise. [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. 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. Sign up for our free summaries and get the latest delivered directly to you. Ultimately, the United States sought to stay the proceedings for an additional ninety (90) day period. Id. 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. 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. R.Crim.P. Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . 834 F.2d 1444, 1453. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). 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. *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. 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. [42] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION (Docket No. BATTAGLIA, District Judge. 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.
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