Augustin also indicates that Alejandro told him that the Mexican officers intended to torture and kill Alfredo Hodoyan Palacios should he be extradited to Mexico. Ahora me siento segura ya que me entero inmediatamente de todo lo que sucede, inclusive antes que mi abogado y que el abogado de . Hearsay evidence is admissible on behalf of the Respondent to establish the "obliteration" of probable cause. The others drove in a white Volkswagen. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. I Background Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . Background. 40). EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. 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 Second Circuit affirmed the denial of the habeas corpus petition. United States v. Valdez-Mainero. The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. These statements are also corroborated in significant part by Alejandro's declaration. 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. Los narcojuniors . mayo 9, 2022. 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. Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. Hodoyan haba estudiado en una . Fed.R.Evid. Probable cause exists to believe that the Respondent committed the offenses of homicide and criminal conspiracy as charged against him in Mexico. These issues were analyzed under that premise. 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. 1978). 1280 (D.Mass.1997) but reversed on appeal. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. Magistrate No. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. 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. Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. In re Petition of France for Extradition of Sauvage,819 F. Supp. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. [21] The real issue in this proceeding is whether or not there is probable cause to establish that Respondent was one of the perpetrators. No case authority is offered on this issue. United States v. Taitz, 130 F.R.D. Prior to the June 30, 1997 evidentiary hearing on the extradition requests, there were numerous other filings by the United States and by counsel for the detainee as well as several status hearings. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . The Ruiz statement also describes the "detention" of Alejandro and Francisco Cabrera Castro, aka "Piedras". 23. He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. 3188 for a similar proposition. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. The statement by Cruz to the federal prosecutor did indicate that Cruz had suffered recent physical 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. Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. The principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. Miranda stated that the murder took place the first part of April 1996, at the Holiday Inn in Toluca. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. BATTAGLIA, United States Magistrate Judge. Columna. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. Miranda was granted "use immunity" for giving the statement. (5) Gilberto Vasquez Culebro. [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). [48] Authority for this proposition is gathered from dicta in some case law in that there is no direct authority for this proposition. Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. 2d 496 (1990). 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 government's request for the stay was denied sustaining Respondent's objection and request to proceed. Respondent had indicated that a recantation by Vasquez would be filed, but no such document has been offered in evidence in this case. The court, for reasons explained below, grants the petition, finding the detainee extraditable. [41] The statement of Francisco Cabrera Castro, aka "Piedras" is offered in the Extradition of Alejandro Hodoyan Palacios, 96mg1828 AJB. 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 personal notes and translation were offered to corroborate the declaration and the explanatory evidence with regard to Alejandro's testimony. It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). 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. Each "recantation" is essentially a denial of the former statement(s) in their entirety and an allegation of torture and abuse at the hands of the Mexican authorities. The various activities included a number of incidents of transportation of illegal drugs and homicide. 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). The Court is not limited in its receipt of this evidence by virtue of the lack of certification. 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"). 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.. Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. ), 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. At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. Since the evidence was undisputed it is not detailed extensively herein. Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . When the two cars arrived at the Holiday Inn in Toluca, Valdez got out of the white Volkswagen and told Contreras, "Be, cautious, wait for me here and when you see us going out from the parking lot in the white Volkswagen, you should form a `wall' so that we cannot be followed.". Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. 1971), cert. 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. 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. 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. The evidence tying Valdez to the murder of Gallardo and Sanchez itself, given the numbers of other individuals involved, supports the criminal association charge. 1 Since there is no right of appeal from extradition orders, Valdez and Hodoyan filed petitions for writs of habeas corpus in . 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. The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. 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. 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. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. QUIERE LIBERTAD, DEBE VIDAS. Emilio Valdez Mainero seemed an appropriately upper-tier husband, but he too allegedly found employment in the Arellano Felix organization, recruiting 'young assassins who belong to Tijuana's . In Matter of Extradition of Lui Kin-Hong,939 F. Supp. En 1995, su reinado lleg a su fin. 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. The power to make treaties is constitutionally invested in the executive branch of the United States government. 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. 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). 28). EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". 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. E. Alejandro Enrique Hodoyan Palacios On November 30, 1996, Alejandro Enrique Hodoyan Palacios (hereinafter "Alejandro") gave a deposition at the office of the Attorney General of the United States of Mexico. Mexican law defines murder (or homicide) as taking the life of another (Article 302). 1992); Fed.R.Evid. [38] These are the same statements offered in this matter to support the request for extradition. [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. Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. The Court denied the motion.[3]. 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. 00:15. Support for its origin is suggested from a New York Times article[40]. "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. 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. No charges have been filed against Anaya, and he denies the allegations. 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 . The United States has also offered statements from interviews between Alejandro and federal agents in February of 1997 which are asserted to corroborate Alejandro's knowledge of the AFO and his willingness to cooperate. No. 534 (1902). In Shapiro v. Ferrandina,355 F. Supp. at 952. 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. As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. The witnesses go on to attribute a number of other incidents based upon their personal knowledge occurring since 1994 which are competent for a finding of probable cause on this charge as well. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. Respondent's discovery request in this regard is denied. Alfredo Miguel Hodoyn Palacios, (a) "Lobo" u "88" , fue detenido el 30 de septiembre de 1996, en San Diego California. Los narcojuniors reales de Tijuana. The interviews of Alejandro in the United States confirm the uncoerced willingness of Alejandro to provide testimony concerning the criminal activities of the AFO and Respondent's role therein. There is no evidence, however, in this regard. Citations Copy Citation. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. The complaint . 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." 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. 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. 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. Under 18 U.S.C. 96-1798-M. United States District Court, S.D. This finding could be based upon the testimony of Miranda and Alejandro, alone. 563, 572 *1219 (S.D.N.Y. But the deal fell apart when the other inmate couldn't pay the promised . 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 contours of the extradition proceeding were shaped by the Treaty and statute. Quines eran los narcojuniors reales de Tijuana? 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. [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". The two perpetrators escaped in a white Volkswagen. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. By Molly Moore. See footnote 25. Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. 18 U.S.C. LOS NARCOJUNIORS. 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. Miranda also identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74. The entire record supports the finding that probable cause exists with regard to homicide charges. 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. 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". 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). In the Matter of the Extradition of Contreras,800 F. Supp. El Lobo was captured in the United States together with Emilio Valdez Mainero "El Radioloco", they were extradited to Mexico in January of 1998 and also sent to Altiplano at Almoloya de Juarez. Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. The Courts have chosen to defer questions regarding the procedures or treatment that might await an individual on extradition to the executive branch because of its exclusive power to conduct foreign affairs. 611 (S.D.N.Y.1985). [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. Additionally, it is not the business of the United States Courts to assume responsibility for supervising the integrity of a judicial system of another sovereign nation; such an assumption would directly conflict with the principal of comity on which extradition is based. The Department of Justice shall prepare a certification consistent with this memorandum as required by 18 U.S.C. 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). Recanting statements are relevant in these proceedings as they affect probable cause. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. 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. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). de Sicor 1 Acdo. 2d 476 (1968), is also unpersuasive in this regard. Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). Opinion for Matter of Extradition of Mainero, 950 F. Supp. Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. United States v. Manzi, 888 F.2d 204, 206 (1st Cir. His body was found in Osmun Lake in Pontiac on June 7, 2018 but no arrests were made until April 8 of this year. Mexico also takes the position that the statement is inaccurate and not properly certified or executed. 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. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. California. Background. This document is submitted to be from the files in the prosecution of General Gutierrez Rebollo, by the Republic of Mexico, in Mexico. Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. Ramn, "el Mon", organizaba las fiestas para localizar a sus objetivos y en una de ellas conocieron a Emilio Valdez Mainero, hijo de un coronel miembro de la Guardia Presidencial en la poca. 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 . BATTAGLIA, District Judge. These three were carrying short range firearms in a white Volkswagen. BATTAGLIA, District Judge. 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. United States District Court, S.D. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. They are under a compelled setting initiated by Mexican judicial authorities (as opposed to a self directed recantation by the declarants) and are no greater than a plea of not guilty when analyzed to similar proceedings under United States law. 1136 (1916). 2d 455 (1972). The case against the implicated juniors spilled into U.S. courts after the Sept. 30 arrest of Emilio Valdez Mainero, 32, the baby-faced son of a deceased army colonel from Tijuana who, his widow . 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. Mexico), they could have easily added that provision. Most of the cocaine entering the United States comes from Mexico, and most of it passes through the Arellanos undisputed turf _ Baja California, according to the Drug Enforcement Administration. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . If the Court determines that all the requisite elements have been met, the findings are incorporated into a certificate of extraditability. You already receive all suggested Justia Opinion Summary Newsletters. Bingham v. Bradley,241 U.S. 511, 517, 36 S. Ct. 634, 60 L. Ed. 442 (S.D.Cal.1990). 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". [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). An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. 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. 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. Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. 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. Valdez was ordered detained following arraignment. 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. (2) Criminal Association between 1994 and September 14, 1996 in violation of Article 164, Paragraph 1 in accordance with Article 13, Section II, of the Penal Code for the Federal District;[11] and. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. Demandado: Emilio Ricardo Valdez Mainero. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. That conclusion is based on the following analysis. Specifically, Respondent sought "all witness statements submitted in General Gutierrez Rebollo's case to determine whether or not there is additional relevant testimony." As a result, the Court finds Treaty compliance in this respect and denies Respondent's request for release on this basis. The murder and conspiracy offenses, above described, survive the Respondent's challenge. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). Respondent also offers, as evidence to defeat probable cause, recantations by Cruz and Soto relative to the earlier statements[36]. 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 . [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. [16] Further, it is not the responsibility of this Court to assess the probability that the requesting party will be able to secure a conviction. The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. 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.

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