There is no corroborating evidence regarding the source, however. 24). Valdez moved the Court for release under the special circumstances doctrine. As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. See footnote 25. The 33-year-old Mexican . Quines son los narcojuniors en los que est basada la historia . United States District Court, S.D. 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. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. Background. [13] The documents themselves do not have to filed in court by the 60 day period, only received by the United States. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). 96mg 1828(AJB). Respondent also asserts that not only have the governing administrations changed in Mexico and the United States since the 1978 signing of the Treaty, but the purpose and intent of the parties is materially different from what it was at the time the Treaty was signed. Respondent also argues that Alejandro was abducted in the Spring of 1997 by representatives of Mexico which corroborates Mexico's alleged use of inappropriate force and means to secure evidence in this case. The certificate is forwarded to the Department of State. Additional documentation[4] (specifically related to the first degree murder and carrying a firearm exclusive to the Army, Navy and Air Force) were submitted by diplomatic note No. It is also alleged that Respondent was in charge of cocaine and marijuana shipments for the AFO and as a leading member of the organization, was responsible for assigning code names to the other members. Quines eran los narcojuniors reales de Tijuana? No case authority is offered on this issue. Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. Court documents say the threat against assistant U.S. Atty. As a result, the Court finds Treaty compliance in this respect and denies Respondent's request for release on this basis. Miranda's statement was given to an officer of this Court. 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. Matter of Extradition of Koskotas, 127 F.R.D. [38] These are the same statements offered in this matter to support the request for extradition. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. Columna. The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. The two perpetrators escaped in a white Volkswagen. Treaties, by design, live well beyond the administration involved in their enactment. 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. (2) Gustavo Miranda Santacruz. In re Petition of France for Extradition of Sauvage,819 F. Supp. The record is overwhelming with eyewitness testimony,[20] autopsies and physical evidence from the scene to establish these facts. [21] The real issue in this proceeding is whether or not there is probable cause to establish that Respondent was one of the perpetrators. 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. Mexico also argued that the document was not certified as required by the treaty and would be presumptively inadmissable. Alejandro's statement, at page 13, implicates Respondent[47] in the murder. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. 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. 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 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. Concerning the murder and firearms charge, it is alleged that on April 9, 1996, at approximately 9:30 p.m., in the restaurant at the Holiday Inn in Toluca, Mexico, Jesus Gallardo Vigil, aka "El Bebe", (hereinafter "Gallardo"), and Jesus Sanchez Angulo (hereinafter "Sanchez") were shot and killed by Respondent and Fabian Martinez Gonzalez, aka "Tiburon", (hereinafter "Martinez"). Los narcojuniors reales de Tijuana. United States v. Kin-Hong, 110 F.3d 103 (1st Cir. 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. Netflix lanz la ltima temporada de Narcos: Mxico, donde adems de los personajes que ya conocemos, hay UNA sorpresa: Bad Bunny. [23] Cruz made several statements relative to this matter. Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). 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 Shapiro v. Ferrandina,355 F. Supp. The court denied the writ. 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 court, for reasons explained below, grants the petition, finding the detainee extraditable. denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. 1103. Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. In the Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996. 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. The March 3, 1997 date is taken from the first line of the document. Buscar. The interests of Mexico were represented by the United States through the United States Department of Justice, by United States Attorney Alan D. Bersin and Assistant United States Attorney Gonzalo P. Curiel. Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. The Federal Rules of Criminal Procedure and the Federal Rules of Evidence are not applicable in extradition proceedings. 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. [15] The Treaty, in Article 11, and 18 U.S.C. In re Sindona,450 F. Supp. Emilio Valdez passed away Saturday, August 31, 2019. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 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. 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. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. 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. Republic of France v. Moghadam,617 F. Supp. 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. [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. Background. During the meeting, the group discussed their plans to kill enemies of their interests, including Amado Carillo, a rival drug trafficker. Sign up for our free summaries and get the latest delivered directly to you. (7) Evidence which, in accordance with the laws of the requested party, would justify the apprehension and commitment for the trial of the person sought if the offense had been committed there, (i.e., probable cause). 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. 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. Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. 96-1798-M. United States District Court, S.D. Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). Magistrate No. It was not until October 2, 1996 that Soto described the alleged torture to the judge in Mexico. Valdezs attorney said some of the statements were extracted under torture. 777(N.D.Cal.1985). In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. The physical description of Emilio Valdez Mainero, "El C.P." or "Cabeza de Perro," is the following: 30 years old, 1.77 or 1.76 meters, heavy build, white skin, short straight hair which . In Gallina, commissioner found the appellant subject to the extradition in Italy. The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. 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. Connect with the definitive source for global and local news. 18 U.S.C. There is no evidence to suggest that the United States no longer honors the treaty or that its purpose and intent are no longer served. He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. 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. 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. The law limits extradition to circumstances where the Treaty is in full force and effect. Miranda also identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74. In contesting the accuracy of the statement of the federal prosecutor, he "rejects" the alias described to him, the reported rank in the infantry, and claims that he does not belong to the Presidential General staff but to the Presidential Guards Corps. The statement is a summary of what Alejandro described to his family and includes information related to meeting General Gutierrez Rebollo as well as contact with DEA and FBI agents who pressured him to sign a confession in exchange for removal from Mexico and protection thereafter. Based on case authorities Respondent's Motion in this regard is denied. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). 371. Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). It is also notable, that the sum total of the evidence showed Alejandro's Declaration regarding torture and abuse to be contrived in its derivation. 568 (S.D.N.Y.1979). A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . In Bruton, the Supreme Court held that the admission of a co-defendant confession at a joint trial violates the defendants right to confrontation if the confession also incriminates the defendant. [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". The notes are identified by Augustin Hodoyan, Alejandro's brother. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. Valdez shot and killed Gallardo as well as Sanchez who happened to be in the corridor at the time of Gallardo's murder. Miranda was granted "use immunity" for giving the statement. [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. Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. 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. Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. This finding could be based upon the testimony of Miranda and Alejandro, alone. The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. Defense counsel was provided for Mr. Soto for purposes of his testimony. Barrett v. United States, 590 F.2d 624 (6th Cir. 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. These three were carrying short range firearms in a white Volkswagen. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." [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. Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980). Nobody threatens my brother because the moron who does it, dies."[12]. There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. 2d 476 (1968), is also unpersuasive in this regard. *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. 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. These questions cannot be answered within the narrow confines of an extradition proceeding and would be most properly addressed by the Secretary of State and/or the Court in Mexico on a trial on the merits. R.Crim.P. Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix BATTAGLIA, District Judge. 2d 74 (1960), as the case that establishes the possibility of a "humanitarian exception" based on the "federal court's sense of decency." (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. In the final analysis, this Court is required to look at the indicia of reliability with regard to the persuasiveness of this evidence. ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. 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. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. 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. 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. In the Matter of the Extradition of Contreras,800 F. Supp. Get free access to the complete judgment in MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge The complaint . October 21, 1996. "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. The . 2d 496 (1990). The principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. 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. In Matter of Extradition of Lui Kin-Hong,939 F. Supp. 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. [21] This evidence is certified by the principle diplomatic or counsular officer of the United States in Mexico and is received into evidence pursuant Article 10(6) of the Treaty and 18 U.S.C. 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. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. [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). 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). [32] Respondent also argues that the statements of Francisco Cabrera Castro and Edgar Alejandro Gonzalez Gonzalez offered by Mexico were also "extracted" by torture. He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. 1280 (D.Mass.1997) but reversed on appeal. ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. at 1450-1451. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. The Treaty between the United States and Mexico calls for probable cause to be measured by the standards established in the requesting country. 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. In Matter of Extradition of Pazienza,619 F. Supp. The documents were filed by Mexican authorities seeking extradition of two men -- Emilio Valdez Mainero, 32, and Alfredo Hodayan Palacios, 25 -- alleged to be hit men for the Arellano Felix brothers. 000012 dated January 3, *1213 1997. 25. [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. 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. Cruz also said he transported weapons used in Ibarras slaying. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. On October 22, 1997, the Court issued an Order directing the United States Attorney to produce photographic evidence referenced in witness statements and related to the issue of the identity of Respondent. Respondent's discovery request in this regard is denied. The Secretary of State makes the ultimate decision on whether to surrender the Respondent. 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. [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. 50). 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. Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. 3190. 896 (S.D.Cal.1993). Demandado: Emilio Ricardo Valdez Mainero. Respondent does not dispute that the Treaty requirements have been met with regard to these items with three exceptions. The Department of Justice shall prepare a certification consistent with this memorandum as required by 18 U.S.C. This is part of the framework created by case law in these proceedings. [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. Id. En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. No applicable authority was presented on this point and prevailing authority as set forth herein supports this ruling. ), 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. 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. The murder and conspiracy offenses, above described, survive the Respondent's challenge. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. Lastly, there is no authority that requires a magistrate judge to compel disclosure of explanatory information. 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. Emilio Valdez Mainero and Alfredo Hodoyan were linked to the Arellano Felix drug organization, which controls the lucrative drug corridor from Baja California into the United States. United States v. Valdez-Mainero. Soto also explains the details of the alleged abuse visited upon him. 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. 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. When arrested, Gallardo said that the marijuana belonged to Benjamin Arellano Felix, which caused the issuance of an arrest warrant for Benjamin Arellano Felix. MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. Neely v. Henkel, supra. [30] Respondent's Exhibits H, I and J, respectively, docket No. Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Through observation and discussion, he became privy to the knowledge set forth. As a society we cannot suspend that concept by virtue of the interest of a foreign nation in the extradition of an United States citizen, the heinous nature of the offense notwithstanding. The United States, in fact, complied with Article 11, Paragraph 3, by its initial filing of diplomatic note 001831, on November 25, 1996 with the U.S. Embassy in Mexico. Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad.
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