This is defined as an individual who is a member of a group or gang of three or more persons whose purpose is to carry out criminal activity (Article 164). This finding could be based upon the testimony of Miranda and Alejandro, alone. 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. Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. 956 (1922), In re Locatelli,468 F. Supp. For the reasons set forth in the Memorandum Decision Denying Bail (see footnote 1), the Court finds that the offense of carrying a firearm exclusive to the Army, Navy and Air Force lacks dual criminality and petitioner fails in its burden regarding extradition on that matter.[18]. A great number of questions exist, and many questions remain unanswered in this case. [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. United States v. Valdez-Mainero. 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. The witnesses all identify Respondent as the perpetrator in these regards. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. In making this ruling, the Court of Appeals stated: After making its holding, the Gallina court did state that a case might occur in which the extraditee "would be subject to procedures or punishments so antipathetic to a federal court's sense of decency as to require reexamination of the [the general principle upholding extradition.]" 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. Mexico also cites the medical examination of Soto following the September 27, 1996 statements concluding that there were no traces of any recent physical wounds. [30] These statements challenge the "motive" for the Gallardo murder as stated by Cruz and Miranda. 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. Informacin de El Universal. 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). 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. Quines son los narcojuniors en los que est basada la historia . Defense counsel was provided for Mr. Cruz. [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. Evidence that conflicts with that submitted on behalf of the demanding party is not permitted, nor is impeachment of the credibility of the demanding country's witnesses. Ramn y Arturo se la pasaban en fiestas y en una de conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales. [21] The real issue in this proceeding is whether or not there is probable cause to establish that Respondent was one of the perpetrators. [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. Case Number: 97CR2149 JM (S.D. 1983). Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. Fed.R.Evid. 33) which is similarly denied for the reasons stated. There is no corroborating evidence regarding the source, however. 1136 (1916). In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. 3190. 1462, 1464 (S.D.Tex. The murder and conspiracy offenses, above described, survive the Respondent's challenge. 28). 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. Extradition of Kraiselburd, 786 F.2d 1395, 1399 (9th Cir.1986). He also stated that it was Valdez who assigned him the code name "F7". The Second Circuit affirmed the denial of the habeas corpus petition. Soto acknowledges having signed the statement as well as affixing his fingerprints. 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 . Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. Miranda was granted "use immunity" for giving the statement. ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". 956 (1922). Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. ``Take out your AK-47, and you are going to (expletive) him right now.. After receipt of the diplomatic note, Respondent was then held under the formal request for extradition and not the provisional arrest which had initiated the case. 2d 476 (1968), is also unpersuasive in this regard. Respondent's roles and activities in these regards is specifically referenced. Columna. Gill v. Imundi,747 F. Supp. Valdez "hires young assassins who belong to Tijuana's upper class," according to the statement by Francisco Molina Ruiz, commissioner of Mexico's National Institute for the Combat of . 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. 54(b) (5). "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 filing of certified documents permitted Mexico to go forward with the extradition proceeding under the Treaty. No precise authority is offered in regard to this premise. 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. Treaties, by design, live well beyond the administration involved in their enactment. [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . Since the evidence was undisputed it is not detailed extensively herein. 371. Valdezs attorney said some of the statements were extracted under torture. The notes are identified by Augustin Hodoyan, Alejandro's brother. Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. The contours of the extradition proceeding were shaped by the Treaty and statute. Mr. Soto also provides a physical description of Respondent. The date of production for the photographic evidence was set for November 5, 1997[9] and later extended with properly authenticated and certified originals being filed on December 1, 1997. EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Publicado: 5/6/2021 7:10:25 PM. 96mg 1828(AJB). Support for its origin is suggested from a New York Times article[40]. 25. Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. BATTAGLIA, District Judge. 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. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. 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. The Extradition Hearing was continued on several occasions after the January 14, 1997 filing, with the consent of the parties, to allow for further preparation and response to the evidence. Another court has correctly characterized the above sentence from the Second Circuit as "dicta." Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. 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). The court, for reasons explained below, grants the petition, finding the detainee extraditable. A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. 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. ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. 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. 3184, et seq. Background. 1103. 5.1 is denied. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. 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. California. LOS NARCOJUNIORS. Por Investigaciones ZETA. Quines eran los narcojuniors reales de Tijuana? In the Matter of the Extradition of Contreras,800 F. Supp. Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. [47] Alejandro's testimony also implicates his brother concerning the involvement with the AFO, which relates to the pending extradition of Alfredo Hodoyan-Palacios, 96mg1828(AJB). 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. There was no mention of the lost eye in the medical exam performed by the Republic of Mexico or during the court proceedings where the alleged recantation took place. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, p. 55, lines 17, et seq., Docket No. 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. [30] Respondent's Exhibits H, I and J, respectively, docket No. 23. 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. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. You can explore additional available newsletters here. "El Mon" y "El Kitty" se la pasaban en fiestas, en las que Arellano invitaba a los asistentes, en una conocieron a Emilio Valdez Mainero, hijo de un coronel miembro de los guardias presidenciales de aqul entonces. narcoseries Netflix. Finally, the scope of admissible evidence in an extradition hearing is guided by the distinction between contradictory and explanatory evidence. As earlier stated, the circumstances of Alejandro's testimony are not suggestive of torture, coercion or duress. Sign up for our free summaries and get the latest delivered directly to you. Mr. Valdez became a top operative in the organization, arranging drug . 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. Matter of Extradition of Koskotas, 127 F.R.D. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. No. Galanis v. Pallanck, 568 F.2d 234 (2d Cir.1977); Sayne v. Shipley, 418 F.2d 679 (5th Cir.1969) cert. 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. de Sicor 1 Acdo. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. 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. Fausto Soto Miller presented 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. 96-1798-M. United States District Court, S.D. The document is not authenticated. No charges have been filed against Anaya, and he denies the allegations. 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. [6] See ORDER DENYING RESPONDENT'S MOTION TO REOPEN EVIDENCE AND DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 11, 1997 (Docket No. The Ruiz statement presents conflict with regard to dates of the arrest of some of Mexico's witnesses and is asserted to corroborate the use of torture in this case as well as create conflicts in Mexico's evidence in challenging the reliability of the evidence Mexico relies upon in this proceeding. In re Sindona,450 F. Supp. [9] See ORDER DIRECTING THE FILING OF ADDITIONAL EVIDENCE filed October 23, 1997 (Docket No. at 1450-1451. ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. Respondent asserts that Soto lost an eye as a result of the torture used by Mexico to extract his statement[39]. 124 F.3d 1186, 1997 WL 624797 (9th Cir.). Valdez and Martinez then fled the Holiday Inn in the white Volkswagen. Magistrate No. No case authority is offered in this regard. 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." 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.Ms tarde contactaron . 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. [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. Quines son los narcojuniors en los que est basada la historia . As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. (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 Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. Court documents say the threat against assistant U.S. Atty. United States v. Kin-Hong, 110 F.3d 103 (1st Cir. According to testimony given to . See footnote 10. January 1997: Hodin Gutierrez Rico, a . According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. Valdez was ordered detained following arraignment. By Molly Moore. [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". In re Petition of France for Extradition of Sauvage,819 F. Supp. 44). The court denied the writ. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 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. Another Mexican, questioned by prosecutors while in the intensive care unit of a San Diego hospital, said the hit on the 50-year-old Ibarra was planned carefully by Arellano organization members. 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. 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. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. aka "Cachuchas" In his September 30, 1996, declaration before an agent of the Mexican Federal Public Prosecutor, Gilberto Vasquez Culebro, aka "Cachuchas", (hereinafter Vasquez), declared that Valdez was a member of the AFO and that, in March, 1995, Valdez was in the company of the other AFO members, including, Eduardo Leon, aka "Abulon", Contreras, and Reyes. Appellant then filed a writ of habeas corpus with the district court. [31] See discussion at page 1213, line ___, et seq. (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. 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. 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. Cruz describes his mistreatment and torture at the hands of the Mexican authorities. An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. Equihua had been close to a witness in the drug-related cases of Alfredo Hodoyan and Emilio Valdez Mainero, which were due to be heard in San Diego courts. The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. Everardo Pez, also known as "El Kitty", was not a person of money, but under the tutelage of Ramn Arellano Flix, he dedicated himself, together with the narco juniors, to cross drugs into the United States without raising suspicions due to his economic status. 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 . [27] Soto actually made a series of statements relative to this matter. 1992); Fed.R.Evid. (2) Gustavo Miranda Santacruz. Id. His body was found in Osmun Lake in Pontiac on June 7, 2018 but no arrests were made until April 8 of this year. 2d 208. Miranda also identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74.

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