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. La pequea y poco conocida . The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. [48] Authority for this proposition is gathered from dicta in some case law in that there is no direct authority for this proposition. 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. BATTAGLIA, District Judge. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. In the Matter of Extradition of Contreras,800 F. Supp. The murder and conspiracy offenses, above described, survive the Respondent's challenge. The Secretary of State makes the ultimate decision on whether to surrender the Respondent. *1214 (3) First Degree Murder of Jesus Gallardo Vigil and Jesus Sanchez Angulo in violation of Article 302; Article 303, Sections I and III, Article 315 and Article 320 of the Penal Code for the Federal District. Alejandro, who is the brother of extraditee Alfredo Miguel hodoyan Palacios aka "Lobo",[28] stated that his brother told him that Valdez and Martinez had participated in the murder of Gallardo at the Holiday Inn Hotel in Toluca. 956 (1922), In re Locatelli,468 F. Supp. Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). 2d 496 (1990). 2d 208. 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. As a result, the Court finds Treaty compliance in this respect and denies Respondent's request for release on this basis. *1220 At approximately 9:30 p.m., Cruz, who was about twenty meters away from the entrance of the Holiday Inn heard several firearms shots. The holding in Gallina, however, offers no support for Valdez' claim. 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. 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. 1978). Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . 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. Support for its origin is suggested from a New York Times article[40]. 937 (D.Vt.1991); Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. 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). 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. 577 (1901). California. Informacin de El Universal. [25] Miranda testified based upon his acquaintance with the individuals described in his statement, his personal presence at various of the events and circumstances described and conversations with the involved individuals. the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. The Department of States's opinion is entitled to deference. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. Cruz admitted his own involvement in the criminal activities of Valdez and the AFO and admitted that he was paid to assist them in killing the enemies of Ramon Arellano-Felix. 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." According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. 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. No mention of torture or physical abuse is made. 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. 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. 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. [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. 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. Id. "The Secretary of State has sole discretion to refuse extradition on humanitarian grounds because of the procedures or treatment that await the surrendered fugitive." 1996) on CaseMine. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Gill v. Imundi,747 F. Supp. In the Matter of Extradition of Contreras,800 F. Supp. 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. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. No case authority is offered in this regard. [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". Collins v. Loisel,259 U.S. 309, 316, 42 S. Ct. 469, 66 L. Ed. at 77, 78. 3190. "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. Los narcojuniors reales de Tijuana. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. Aparte de Kitty 'Pez', los que formaron el grupo de los "Narcojuniors" fueron Emilio Valdz Mainero, hijo de un guardia presidencial; Alfredo Hodoyan Palacios, hijo de un importante empresario . 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. 40). Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. 5.1 is without authority and is unavailable in any event under prevailing authority. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. Barrett v. United States, 590 F.2d 624 (6th Cir. [13] The diplomatic note related to the initial firearms charge[14] and the criminal association charge. 30), he requests discovery regarding the statement by Miranda. de Sicor 1 Acdo. There is no evidence, however, in this regard. The authority of a magistrate judge to conduct the proceedings is provided by 18 U.S.C. Respondent had indicated that a recantation by Vasquez would be filed, but no such document has been offered in evidence in this case. Miranda declared that Valdez and Martinez committed the murder of Gallardo. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. (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. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. 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. 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. [30] Respondent's Exhibits H, I and J, respectively, docket No. 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"). Elias v. Ramirez,215 U.S. 398, 30 S. Ct. 131, 54 L. Ed. 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. The contours do not lend themselves, nor invite the type of inquiry required to evaluate the humanitarian concerns of the magnitude suggested by Respondent. The recantations are little more than self-serving declarations at the time of "arraignment" on the charges based upon the statements given to the federal prosecutor. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). 12). Est acusado de ser uno de los secuaces ms temidos de Arellano y se lo busca por asesinato en Mxico.Emilio Valdez Mainero era un compaero de juventud que Alex Hodoyn eligi, aos ms . 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. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. Soto also explains the details of the alleged abuse visited upon him. Get free summaries of new Southern District of California US Federal District Court opinions delivered to your inbox! Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. 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. [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. 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. Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . [41] The statement of Francisco Cabrera Castro, aka "Piedras" is offered in the Extradition of Alejandro Hodoyan Palacios, 96mg1828 AJB. No. The Department of Justice shall prepare a certification consistent with this memorandum as required by 18 U.S.C. 39); and, SUPPLEMENTAL ORDER DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 12, 1997 (Docket No. [45] The physical injuries to Cruz are certainly suspicious in this regard. You can explore additional available newsletters here. 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. This latter evidence also results in a finding that any hostile action taken toward Alejandro and resulting in his disappearance and murder was more likely than not prompted at the direction of the AFO and not Mexico. Probable cause exists to believe that the Respondent committed the offenses of homicide and criminal conspiracy as charged against him in Mexico. In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. [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. 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. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. For this reason, Respondent's challenge in this regard is denied. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. No case authority is offered on this issue. Connect with the definitive source for global and local news. Discovery is not available in extradition proceedings. [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. The environment where the deposition was taken is not suggestive of any coercive circumstances. Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. 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 . No charges have been filed against Anaya, and he denies the allegations. 3184, et seq. November 4, 1997. 777 (N.D.Cal.1985). It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). Alejandro's statement, at page 13, implicates Respondent[47] in the murder. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. 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. (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). The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. (2) A Preparatory Statement of October 13, 1996, at 7:50 p.m. made before the First District Judge of Federal Criminal Proceedings in the State of Mexico, at the Federal Center for Social Rehabilitation Number 1, in Judicial Proceedings Courtroom Number One. Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. Respondent's discovery request in this regard is denied. The two cars stopped in the village of San Mateo Atenco. He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. 442 (S.D.Cal.1990). [20] i.e. United States v. Kin-Hong, 110 F.3d 103 (1st Cir. 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. 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").

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