emilio valdez mainero

The complaint . California. 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. 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. Sign up for our free summaries and get the latest delivered directly to you. A full review of the evidence, however, is the provence of the trial court in the requesting nation. 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. one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; 1992); Fed.R.Evid. Case Number: 97CR2149 JM (S.D. En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. ``When they want to do a job _ when they want to bring down the hammer _ they can do it with brilliance and genius, Lupsha said. 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. 563, 572 *1219 (S.D.N.Y. 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. 23. Defense counsel was provided for Mr. Soto for purposes of his testimony. 33) which is similarly denied for the reasons stated. Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. (3) Fausto Soto Miller. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. [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 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. 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. While 3188 requires the United States to deliver a person committed for extradition to a foreign government within two months, that provision has no application to the proceedings in this case, at this stage, as commitment does not occur prior to the certification of the Respondent's extraditability by the Court. denied, 398 U.S. 903, 90 S. Ct. 1688, 26 L. Ed. Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. 25. View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. Miranda details numerous other criminal activities in which Valdez and others in the AFO were involved, including the assassination of Larios Guzman, the July 1994 assassination of multiple military officers, the kidnaping and murder of a person with the last name Margain, and the kidnaping of a man with the last name Baloyan. It is further argued that there is a strong motivation on behalf of the Hodoyan family to help Respondent and this would give rise to questions with regard to the trustworthiness of the document. These statements are also corroborated in significant part by Alejandro's declaration. 577 (1901). October 21, 1996. Finally, Valdez offers that Cruz, Soto, Alejandro and Vasquez[32] were subjected to torture, *1222 and were under duress at the time of the "alleged" statements. Tambin as reclutaron a Alfredo Hodoyan Palacios, hijo de un empresario de Tijuana, quien comenz a pasar droga sin levantar sospechas pues era . At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. In Emami v. United States, 834 F.2d 1444 (9th Cir.1987), Emami contended that Germany had presented no competent evidence upon which the district court could make a finding of extraditability because Germany relied on facts which prosecutor Keller related in his affidavit which consisted solely of inadmissible hearsay statements made by Emami's former patients and employees. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Collins v. Loisel,259 U.S. 309, 317, 42 S. Ct. 469, 66 L. Ed. 1996) on CaseMine. Id. LOS NARCOJUNIORS. [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. United States v. Taitz, 130 F.R.D. Concerning the murder and firearms charge, it is alleged that on April 9, 1996, at approximately 9:30 p.m., in the restaurant at the Holiday Inn in Toluca, Mexico, Jesus Gallardo Vigil, aka "El Bebe", (hereinafter "Gallardo"), and Jesus Sanchez Angulo (hereinafter "Sanchez") were shot and killed by Respondent and Fabian Martinez Gonzalez, aka "Tiburon", (hereinafter "Martinez"). There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. 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. "Chef" ("Soto") In his September 27, 1996 declaration before an agent of the Mexican Federal Public Prosecutor, Soto recalled an incident in which Valdez, Ramon Arellano Felix and other members of his organization met at a house rented by Valdez in Mexico City. 956 (1922). Nobody threatens my brother because the moron who does it, dies.". 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. Cal. 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 Republic of Mexico seeks to extradite Valdez to answer the following charges: (1) Carrying a firearm exclusive to the Army, Navy and Air Force on or about April 9, 1996 in violation of Article 83, Section II, in accordance with Article 11, Section (b), of the Federal Law of Mexico on Weapons and Explosives;[10]. Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. For the reasons set forth in footnote 32 an extended analysis of the recantation is not set forth, nor is the recantation viewed any differently than those of Cruz and Soto. [45] The physical injuries to Cruz are certainly suspicious in this regard. El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . Get free access to the complete judgment in MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. [30] These statements challenge the "motive" for the Gallardo murder as stated by Cruz and Miranda. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. 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"). Soto extensively describes other, numerous criminal activities of the AFO. Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. at 1450-1451. 2d 496 (1990). [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. 934 (D.Mass.1996). 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. While the motion was denied, the Court did find good cause to order the production of further evidence described by the United States in its responsive papers as becoming available since the June 30, 1997 extradition hearing. In the Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996. Entre los jvenes reclutados por el narcotrfico mexicano se encentraban Emilio Valdez Mainero, hijo de un guardia presidencial, Alfredo Hodoyan Palacios, Eduardo Len, los hermanos Endir y . Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. [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. Respondent does not dispute that the Treaty requirements have been met with regard to these items with three exceptions. Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). 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.]" Background. The document is not authenticated. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . The proper authority for the political decision here is, of course, the Secretary of State. 13, 22 (D.Mass.1989). The Ninth Circuit has labeled the above statement from Gallina as speculation. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . The two perpetrators escaped in a white Volkswagen. All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. Mr. Vasquez states that the individuals acted suspiciously and carried long and short range firearms. 2d 476 (1968), is also unpersuasive in this regard. 956 (1922), In re Locatelli,468 F. Supp. 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 . 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. (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. 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. 20, 2013) From Casetext: Smarter Legal Research. 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. In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. 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 . Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980). Several days went by before Cruz met with Valdez, Martinez, Contreras and Cabrera. Arnbjornsdottir-Mendler v. United States, 721 F.2d 679, 683 (9th Cir. As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. 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 court, for reasons explained below, grants the petition, finding the detainee extraditable. A great number of questions exist, and many questions remain unanswered in this case. In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. Bingham v. Bradley,241 U.S. 511, 517, 36 S. Ct. 634, 60 L. Ed. 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 purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. The principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. In the supplemental request for extradition filed in January, 1997, the facts supporting the firearms offense were related to the first degree murder of Mr. Gallardo and Mr. Sanchez alleged to have occurred on or about April 9, 1996. 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. Respondent had indicated that a recantation by Vasquez would be filed, but no such document has been offered in evidence in this case. The law limits extradition to circumstances where the Treaty is in full force and effect. 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. [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. 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. de Sicor 1 Acdo. Support for the reliability of Soto's "recantation" (and by inference the other recantations) is offered by Respondent in an unsigned and uncertified declaration of First Seargent Vicente Ruiz Martinez, submitted on June 30, 1997 at the extradition hearing. Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. Court documents say the threat against assistant U.S. Atty. 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. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. [29] Clearly, Alejandro's testimony is based upon his personal knowledge derived from his acquaintance with Respondent and the other individuals named and his discussion and observations in their presence. 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. The extradition proceeding is not a criminal trial nor is Respondent entitled to the rights available in a criminal trial at common law. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. 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. Whitepages people search is the most trusted directory. 28). 1983). ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. 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. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. 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. 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. It is argued that Vasquez suffered similar mistreatment at the hands of the Mexican authorities and had recanted the statement attributed to him in Mexico's case in chief. Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). The environment where the deposition was taken is not suggestive of any coercive circumstances. [15] The Treaty, in Article 11, and 18 U.S.C. denied, 405 U.S. 989, 92 S. Ct. 1251, 31 L. Ed. 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. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. 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. 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. The witnesses all identify Respondent as the perpetrator in these regards. 3190. 534 (1902). 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. 2d 208. 1989), cert. Valdez also faces charges of arranging the sale of a kilogram of heroin to a fellow inmate through friends outside prison. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. Probable cause exists to believe that the Respondent committed the offenses of homicide and criminal conspiracy as charged against him in Mexico. 44). Id. Miranda added that the motivation for assassination was that Gallardo had threatened Gabriel Valdez Mainero (Emilio Valdez Mainero's brother) with a firearm.[26]. 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 government's request for the stay was denied sustaining Respondent's objection and request to proceed. It was at one of the celebrations that they met Emilio Valdez Mainero, the son of a colonel who was once a member of the presidential guards.Later they contacted Alfredo Hodoyan Palacios, who was the son of a wealthy businessman from the city.Alfredo had been born and studied in USA, so it was easier for the drug to pass through the border without generating suspicion. He later was charged with several murders, including Ibarras. [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. But the deal fell apart when the other inmate couldn't pay the promised . Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. 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. 3184. BATTAGLIA, District Judge. [39] MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, Page 6, lines 5-7 (Docket No. 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. 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. 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. 777 (N.D.Cal.1985). Respondent also asserts that not only have the governing administrations changed in Mexico and the United States since the 1978 signing of the Treaty, but the purpose and intent of the parties is materially different from what it was at the time the Treaty was signed. 3184, et seq. The documents were filed by Mexican authorities seeking extradition of two men -- Emilio Valdez Mainero, 32, and Alfredo Hodayan Palacios, 25 -- alleged to be hit men for the Arellano Felix brothers. Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. (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. 18 U.S.C. *291 Michael Pancer, Law Office of Michael Pancer, San Diego, CA, for Emilio Valdez Mainero. 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. After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. In Zanazanian, the Ninth Circuit held that police reports which summarize the statements of witnesses are competent evidence, *1227 even though the same documents would be inadmissible hearsay in other contexts. There, Valdez told the group, "`The Baby' paid me off. No precise authority is offered in regard to this premise. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. 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. [37] Respondent criticizes Mexico for not filing this set of documents. On July 29, 1997, Respondent filed a Motion to Reopen Evidence in this matter. Mexican law defines murder (or homicide) as taking the life of another (Article 302). 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. 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. Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. R.Crim.P. [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. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. La pequea y poco conocida . His body was found in Osmun Lake in Pontiac on June 7, 2018 but no arrests were made until April 8 of this year. 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. Cruz declared that the group told him of multiple murders that they, including Valdez, had committed because the "boss was angry", referring to Ramon Arellano Felix. 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]. 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. QUIERE LIBERTAD, DEBE VIDAS. Elias v. Ramirez,215 U.S. 398, 30 S. Ct. 131, 54 L. Ed. [41] All of these individuals are described as "prisoners" in the statement. Hearsay evidence is admissible on behalf of the Respondent to establish the "obliteration" of probable cause. 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.

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