emilio valdez mainero

Mexico has filed the videotapes, the evidence concerning Respondent's statements regarding the 1997 abduction of Alejandro Hodoyan and the genesis of the March 3, 1997 Declaration by Alejandro Hodoyan, as well as the statements by Alejandro to U.S. agents. Valdez _ the godfather of one of the Arellanos children _ was arrested in September in Coronado, Calif. An extradition hearing began Thursday for Valdez and another man. 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. Soto extensively describes other, numerous criminal activities of the AFO. 18 U.S.C. [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. But federal prosecutors said that the information is valuable for this case and others, and that the mens credibility is proved by the way their stories fit together. Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). 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. 1462, 1464 (S.D.Tex. [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". 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. 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. La pequea y poco conocida . No applicable authority was presented on this point and prevailing authority as set forth herein supports this ruling. Columna. 1 Since there is no right of appeal from extradition orders, Valdez and Hodoyan filed petitions for writs of habeas corpus in . 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. You're all set! 1462, 1464 (S.D.Tex.1992). Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. Respondent also cites Title 18 U.S.C. Fausto Soto Miller presented Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. 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. Mr. Valdez became a top operative in the organization, arranging drug . Respondent's discovery request in this regard is denied. 1462, 1469 (S.D.Tex.1992). [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). The filing of certified documents permitted Mexico to go forward with the extradition proceeding under the Treaty. 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. He also stated that it was Valdez who assigned him the code name "F7". Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. 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. 371. These individuals returned to Mr. Vasquez' home in April of 1996 and stated that they were running from the authorities because they had committed a homicide in Mexico City. The Miranda statement provides competent evidence to support a finding of probable cause that Valdez was involved in the Gallardo and Sanchez murders of April 9, 1996. It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). 3190. 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. [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. The 33-year-old Mexican . [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. ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. No case authority is offered in this regard. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. They are: (1) The Statement of October 12, 1996 at 1:00 a.m. in Mexico City; and. An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. [45] The physical injuries to Cruz are certainly suspicious in this regard. [32] Respondent also argues that the statements of Francisco Cabrera Castro and Edgar Alejandro Gonzalez Gonzalez offered by Mexico were also "extracted" by torture. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. Quines eran los narcojuniors reales de Tijuana? Valdez and Martinez then fled the Holiday Inn in the white Volkswagen. 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. 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"). The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. 2d 476 (1968), is also unpersuasive in this regard. The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. 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. 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. [20] i.e. Fabin Martnez remplaz en el cargo a Emilio Valdez Mainero, El CP, y adems compadre de Ramn Arellano Flix, luego que aqul fue arrestado en 1996 en San Diego, California, y condenado a 30 aos de prisin por delitos relacionados con trfico de cocana y herona hacia Estados Unidos. See footnote 10. The charge related to the 1994 event has been abandoned. *291 Michael Pancer, Law Office of Michael Pancer, San Diego, CA, for Emilio Valdez Mainero. 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. 1280 (D.Mass.1997) but reversed on appeal. [19]Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. 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. Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. There is no evidence, however, in this regard. 3184, et seq., in order to extradite the Respondent, the United States, on behalf of the Republic of Mexico, must establish that: (1) The judicial officer is authorized to conduct extradition proceedings; (2) The court has jurisdiction over the respondent; (3) The applicable treaty is in full force and effect; (4) The crimes for which surrender is sought are included within the terms of the treaty; and. [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". Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. There is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. [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. When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. [31] See discussion at page 1213, line ___, et seq. 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. United States District Court, S.D. ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. 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. Discovery is not available in extradition proceedings. 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. 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. 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. [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 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." [29] Clearly, Alejandro's testimony is based upon his personal knowledge derived from his acquaintance with Respondent and the other individuals named and his discussion and observations in their presence. En 1995, su reinado lleg a su fin. [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. 1136 (1916); McNamara v. Henkel,226 U.S. 520, 33 S. Ct. 146, 57 L. Ed. January 1997: Hodin Gutierrez Rico, a . Quines son los narcojuniors en los que est basada la historia . [22] The individuals related to this case are often referred to in the evidence by nicknames. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 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. The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. Los narcojuniors . He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. While the Court has wide latitude in admitting evidence, and hearsay evidence is admissible, the Ruiz statement is without any legally reliable corroborating or authenticating evidence in this case. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). 3184, et seq. 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. When he appeared in court, the judge also noted, on the record, residual signs of physical injury. His body was found in Osmun Lake in Pontiac on June 7, 2018 but no arrests were made until April 8 of this year. Bingham v. Bradley,241 U.S. 511, 36 S. Ct. 634, 60 L. Ed. The Federal Rules of Criminal Procedure and the Federal Rules of Evidence are not applicable in extradition proceedings. 2d 455 (1972). Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. BATTAGLIA, District Judge. 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. The proper authority for the political decision here is, of course, the Secretary of State. 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. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. 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. Mexican law defines murder (or homicide) as taking the life of another (Article 302). Cruz describes his mistreatment and torture at the hands of the Mexican authorities. [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. 96-1798-M. United States District Court, S.D. 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". El recordado criminal perteneca a los Narcojuniors, una clula del crtel de Tijuana que sale a relucir en la nueva temporada de la serie de Netflix. Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. Arnbjornsdottir-Mendler v. United States, 721 F.2d 679, 683 (9th Cir. A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. The environment where the deposition was taken is not suggestive of any coercive circumstances. 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 . (4) Preparatory Statement of October 2, 1996, at 6:00 p.m. before the District Judge of the Federal Criminal Proceedings in the State of Mexico, at the Federal Center for Social Rehabilitation Number 1, in Judicial Proceedings Courtroom Number One. The others in the navy blue Cutlass also left the Holiday Inn and caught up with the white Volkswagen at the village of San Mateo Atenco. Miranda added that the motivation for assassination was that Gallardo had threatened Gabriel Valdez Mainero (Emilio Valdez Mainero's brother) with a firearm.[26]. In Matter of Extradition of Pazienza,619 F. Supp. The Ninth Circuit has labeled the above statement from Gallina as speculation. [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . 568 (S.D.N.Y.1979). 18 U.S.C. 830 (1911). Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. He later was charged with several murders, including Ibarras. 44). 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"). The others drove in a white Volkswagen. 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. Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. The complaint . 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. Another court has correctly characterized the above sentence from the Second Circuit as "dicta." 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. October 21, 1996. Finally, he contests the date of arrest. The Court is not required to decide guilt or innocence, but only determines whether there is competent legal evidence to justify holding the accused for trial in the charging country. 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. He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. 1997). You already receive all suggested Justia Opinion Summary Newsletters. As to Soto, his three statements to the Mexican authorities, two on September 27, 1996 and one on September 30, 1996, respectively, do not reference any injury. 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. Based on the above evidence, this Court finds that there is probable cause to believe that Valdez committed the crime of criminal conspiracy as alleged in the extradition request. En una de las fiestas conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales, cuando existan. The March 3, 1997 date is taken from the first line of the document. Emilio Valdez passed away Saturday, August 31, 2019. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. In Quinn v. Robinson, 783 F.2d 776, 815 (9th Cir.1986), the Ninth Circuit reaffirmed that hearsay evidence that would be inadmissible for other purposes is admissible in extradition hearings. 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. These issues were analyzed under that premise. The Treaty between the United States and Mexico calls for probable cause to be measured by the standards established in the requesting country. The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico.

Citadel Hockey 2022 Schedule, Timeshare Presentation Deals 2021, Articles E