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. 1462, 1469 (S.D.Tex.1992). Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. 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. The court has jurisdiction over the Respondents if they are before the court. In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. 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. 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). 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. 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. 448 (1901); Simmons v. Braun, 627 F.2d 635 (2d Cir.1980); Charlton v. Kelly,229 U.S. 447, 461, 33 S. Ct. 945, 57 L. Ed. Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980). LOS NARCOJUNIORS. Respondent also offers, as evidence to defeat probable cause, recantations by Cruz and Soto relative to the earlier statements[36]. 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. Alejandro's statement, at page 13, implicates Respondent[47] in the murder. One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. 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 . 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. mayo 9, 2022. 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.]" 1136 (1916). 568 (S.D.N.Y.1979). 124 F.3d 1186, 1997 WL 624797 (9th Cir.). (3) Fausto Soto Miller. 0. Finally, the United States submits evidence in the form of statements attributed to Respondent related to the disappearance and murder of Alejandro by the AFO and the organizations efforts to effect a recantation of Alejandro's November 30, 1996 deposition. ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. Respondent's discovery request in this regard is denied. The two cars stopped in the village of San Mateo Atenco. Miranda also identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74. 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. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. This evidence is clearly contradictory and inadmissible under Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . As earlier stated, the circumstances of Alejandro's testimony are not suggestive of torture, coercion or duress. 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. Mexico), they could have easily added that provision. Columna. [27] Soto actually made a series of statements relative to this matter. "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. ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. 18 U.S.C. 672, 685 (S.D.N.Y.1978), aff'd, 619 F.2d 167 (2d Cir.1980), citing Collins, supra, 259 U.S. at 316. California. 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. [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. The statement by Cruz to the federal prosecutor did indicate that Cruz had suffered recent 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. Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . Respondent's roles and activities in these regards is specifically referenced. Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. BATTAGLIA, District Judge. 371. 956 (1922). As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. narcoseries Netflix. [20] i.e. Support for its origin is suggested from a New York Times article[40]. 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. Garcia-Guillern v. United States, 450 F.2d 1189, 1192 (5th Cir. 2d 476 (1968), is also unpersuasive in this regard. According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. SAN DIEGO (AP) _ Ernesto Ibarra Santes, the federal police commander in Tijuana, Mexico, fearlessly vowed to topple a vicious drug organization that controls the busiest cocaine corridor into the United States. 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. The court denied the writ. Cruz describes his mistreatment and torture at the hands of the Mexican authorities. 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. In re Petition of France for Extradition of Sauvage,819 F. Supp. is indoor ice skating safe during covid; most common super bowl final scores; lynette woodard spouse; reelfoot lake fishing guides; emilio valdez mainero. No mention of torture or physical abuse is made. 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. [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. The notes are identified by Augustin Hodoyan, Alejandro's brother. By Molly Moore. Mexico does acknowledge that there is an investigation ongoing concerning the actions of General Rebollo and his associates, and that the investigations include the "possible" unlawful detention of suspects. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. Mexican officials wanted Valdez, 32, for allegedly gunning down an aspiring boxer over a personal grudge in 1996 at a Holiday Inn in the state of Mexico. 1462, 1469 (S.D.Tex.1992). 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. 3184. EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. At approximately 9:30 p.m. Valdez and Martinez encountered Gallardo whom Valdez planned to assassinate. 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. 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. In the Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996. Soto also explains the details of the alleged abuse visited upon him. 3190. 13, 22 (D.Mass.1989). Valdez moved the Court for release under the special circumstances doctrine. 1101(d) (3); and Fed. 777(N.D.Cal.1985). In the Matter of Extradition of Contreras,800 F. Supp. These statements do not add a great deal to Mexico's case regarding this 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. The suggestion of torture is certainly present in the record. 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. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. A great number of questions exist, and many questions remain unanswered in this case. Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. 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 . The Court denied the motion.[3]. He later was charged with several murders, including Ibarras. Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). 50). He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". ``Take out your AK-47, and you are going to (expletive) him right now.. There is nothing to confirm, corroborate or verify that the facts in the statement are in fact the testimony of Sergeant Ruiz, and based upon personal knowledge. 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. 956 (1922). [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. 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. "The Secretary of State has sole discretion to refuse extradition on humanitarian grounds because of the procedures or treatment that await the surrendered fugitive." Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). In Shapiro v. Ferrandina,355 F. Supp. 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. [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. If reliable, the recantations and the Ruiz statement would be evidence which would undermine the voluntariness of the statements offered by Mexico in their case in chief, and as a result, the evidence in support of probable cause for extradition. 33) which is similarly denied for the reasons stated. 24). (5) Gilberto Vasquez Culebro. The others drove in a white Volkswagen. Finally, Respondent filed FINDINGS OF MEXICAN LAW EXPERT RODOLFO GASTELUM PEREZ RE: ABSENCE OF PROBABLE CAUSE; SYNOPSIS; AND CURRICULUM VITAE which asserted procedural, substantive and constitutional infirmities under Mexican law in the extradition request and in the arrest warrant. Fed.R.Evid. 830 (1911). These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". 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. Respondent's reliance upon Article 11, Paragraph 3, is misplaced. October 21, 1996. 1992); Fed.R.Evid. 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. Extradition of Kraiselburd, 786 F.2d 1395, 1399 (9th Cir.1986). 577 (1901). 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 . Connect with the definitive source for global and local news. Court documents say the threat against assistant U.S. Atty. [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. They are: (1) Ministerial Statement of September 27, 1996, at 1140 a.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor, in Guadalajara, Mexico; (2) Additional Ministerial Statement of September 27, 1996, at 6:30 p.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor, in Guadalajara, Mexico; (3) Additional Statement of September 30, 1996, at 9:00 p.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor in Mexico City, Mexico; and.
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