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. Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. Publicado: 5/6/2021 7:10:25 PM. *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. 896 (S.D.Cal.1993). 0. As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. 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. Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. Quines son los narcojuniors en los que est basada la historia . There is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. Soto also explains the details of the alleged abuse visited upon him. 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. Quinn v. Robinson, 783 F.2d 776, 789, 790 (9th Cir.1986). 1462, 1464 (S.D.Tex.1992). In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. He also stated that it was Valdez who assigned him the code name "F7". [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. 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. 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. mayo 9, 2022. 1996) on CaseMine. 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. This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. 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. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. at 77, 78. 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. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . Citations Copy Citation. Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. 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. (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. 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. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. "The rationale is that such matters are to be determined solely by the executive branch." 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. 1136 (1916). R.Crim.P. The scope of this proceeding is narrow and is limited to the existence of probable cause and the evidence, received by virtue of the Treaty provisions and applicable law. 526/2019. The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. 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. 3184, et seq., the United States issued a provisional arrest warrant for the Respondent, signed by Magistrate Judge Anthony J. Battaglia on September 30, 1996. 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. Ante una posible enfermedad terminal, Benjamn Arellano Flix pretende obtener una liberacin humanitaria, y no pagar la pena de 25 aos de prisin en Estados Unidos. Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. 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. 33) which is similarly denied for the reasons stated. The witnesses all identify Respondent as the perpetrator in these regards. Argument, inference and innuendo is all that has really been presented here. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. Id. 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. 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. That conclusion is based on the following analysis. According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. The holding in Gallina, however, offers no support for Valdez' claim. Neely v. Henkel, supra. In fact, in the statement to the district judge on October 2, 1996, Mr. Soto indicates that he has no physical defects. 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. emilio valdez mainerospiral pattern printing in c. phillies front office salaries [5] This Declaration is filed in Case No. 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. 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. *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. [37] Respondent criticizes Mexico for not filing this set of documents. 577 (1901). The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. No case authority is offered on this issue. Background. Cruz also said he transported weapons used in Ibarras slaying. The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. According to statements filed in federal court in San Diego, Ibarras assassination Sept. 14 was committed by members of the Arellano Felix drug organization and coordinated by the attorney general of Baja California. No case authority is offered in this regard. 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. [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. Por Investigaciones ZETA. The videotapes clearly demonstrate Alejandro's demeanor. If the Court determines that all the requisite elements have been met, the findings are incorporated into a certificate of extraditability. 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. Miranda also stated that in 1992, Valdez was in charge of cocaine trafficking, and that later, Valdez trafficked in 200 to 400 kilogram shipments of marijuana for the AFO. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix 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. Finally, the scope of admissible evidence in an extradition hearing is guided by the distinction between contradictory and explanatory evidence. 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. According to testimony given to . BATTAGLIA, District Judge. [23] Cruz made several statements relative to this matter. 000012 dated January 3, *1213 1997. Id. 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. The Supplemental Complaint charged Respondent with criminal association under Article 164, paragraph 1 and Article 13, section 2 of the Penal Code for the Federal District. The cohorts also said the Arellanos had on their payroll Mexican immigration agents who waved cocaine shipments across the border. As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. 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. No. In September of 2002, a Judge of the Federal Penal Processes in Mexico State found El Lobo, La Piedra and El Capitan guilty, and sentenced them all to . In that statement, Cruz was noted to have suffered multiple burns which were attributed to an incident several days before when he was inspecting the exhaust pipe of a vehicle. (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. (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. [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. This element was not challenged by the Respondent. 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. 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. QUIERE LIBERTAD, DEBE VIDAS. Bingham v. Bradley,241 U.S. 511, 517, 36 S. Ct. 634, 60 L. Ed. [41] All of these individuals are described as "prisoners" in the statement. 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. [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). 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. Get free summaries of new Southern District of California US Federal District Court opinions delivered to your inbox! 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. Ultimately, the United States sought to stay the proceedings for an additional ninety (90) day period. 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. 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. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. Otros de los jvenes reclutados tambin fueron personificados en Narcos Mxico 3, por ejemplo Emilio Valdez Mainero, hijo de un guardia presidencial, quien conoci a Ramn Arellano en una . A full review of the evidence, however, is the provence of the trial court in the requesting nation. Barrett v. United States, 590 F.2d 624 (6th Cir. Emilio Valdez Mainero declara que en mayo de 1992, l, Arturo "Kitty" Pez Martnez, Fabin Martnez Gonzlez "El Tiburn", David Barrn Corona y Jorge Alonso, fueron a buscar para matarlo, a Ricardo Olmos; que despus que lo localizaron como usuario de un taxi, se emparejaron al vehculo y Valdez y Barrn descendieron del . 3188 for a similar proposition. [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). 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. The Treaty between the United States and Mexico calls for probable cause to be measured by the standards established in the requesting country. 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