The 33-year-old Mexican . Matter of Extradition of Koskotas, 127 F.R.D. There is no question, and no conflict in the evidence, that Gallardo and Sanchez were shot and killed by two individuals on April 9, 1996, at approximately 9:30 p.m., at the entrance of the restaurant at the Holiday Inn in Toluca, Mexico. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . Finally, he contests the date of arrest. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. Mr. Soto also provides a physical description of Respondent. *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. During the meeting, the group discussed their plans to kill enemies of their interests, including Amado Carillo, a rival drug trafficker. 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. There is no evidence, however, in this regard. Cartel May Have Targeted U.S. Prosecutor - Los Angeles Times 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 . Anecdotes from the AFO (Ramon and Benjamin). I may have the - reddit 934 (D.Mass.1996). 18 U.S.C. The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. The various activities included a number of incidents of transportation of illegal drugs and homicide. [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. emilio valdez mainerospiral pattern printing in c. phillies front office salaries Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. [42] The response from Mexico indicates that closed proceedings related to General Rebollo are ongoing in Mexico and that Ruiz is a witness therein. 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. Mexican prosecutors persuade California courts to send Alfredo Hodoyan Palacios and Emilio Valdez Mainero, alleged paid killers for a vicious drug ring based in Tijuana, back to Mexico to face . Miranda's testimony is not only generally consistent with the statements of others, but is based upon his acquaintance and involvement with the individuals described therein. 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. 33) which is similarly denied for the reasons stated. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge (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. Alejandro's statement, at page 13, implicates Respondent[47] in the murder. 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. [41] The statement of Francisco Cabrera Castro, aka "Piedras" is offered in the Extradition of Alejandro Hodoyan Palacios, 96mg1828 AJB. Mexico more correctly characterizes the Ruiz statement as a summary of statements by Seargent Ruiz. Whitepages people search is the most trusted directory. 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 is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. NARCOTRAFICO: DETENCIONES DE 1RA GENERACION DEL CAF - Blogger 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. United States v. Valdez-Mainero - casetext.com 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 . Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. Tras 20 aos en prisn "El Lobo" Hodoyn del Crtel Arellano Flix [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). 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. 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. 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. 23. Todo lo que debes saber sobre los narcojuniors de "Narcos Mxico No applicable authority was presented on this point and prevailing authority as set forth herein supports this ruling. United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). 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. 44). On the other hand, the formal statements of Soto and Cruz have significant detail concerning the personal background of the witnesses and the specifics of the offenses and related matters. 000012 dated January 3, *1213 1997. 1 Since there is no right of appeal from extradition orders, Valdez and Hodoyan filed petitions for writs of habeas corpus in . Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. Defense counsel was provided for Mr. Cruz. November 4, 1997. Get free summaries of new Southern District of California US Federal District Court opinions delivered to your inbox! [41] All of these individuals are described as "prisoners" in the statement. Quines son en la vida real los narcojuniors de la serie Narcos 3? 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. The extradition request and supporting documents are admitted into evidence during the hearing and the post hearing submissions are properly authenticated or otherwise admissible within the discretion of the Court. 1136 (1916). The signs of injury included 16 irregularly circular scars, 17 circular scars and 3 small scars on the chest as well as a hematoma to the upper base of the nose and a circular bruise on the right chin. 956 (1922). Emilio Valdez Mainero (Valdez) and Alfredo Hodoyan Palacios (Hodoyan) were certified as extraditable to Mexico on charges of murder and criminal association with the Arellano Felix drug trafficking organization (AFO). There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. denied, 398 U.S. 903, 90 S. Ct. 1688, 26 L. Ed. In Quinn v. Robinson, 783 F.2d 776, 815 (9th Cir.1986), the Ninth Circuit reaffirmed that hearsay evidence that would be inadmissible for other purposes is admissible in extradition hearings. Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . 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. Discovery is not available in extradition proceedings. Appellant asked the Court of Appeals to stop his extradition because he had been convicted in absentia in Italy and, therefore, would be imprisoned without trial, be unable to confront his accusers and would not be able to conduct a defense. United States v. Valdez-Mainero | CASE NO. 97cr1798 JM - Casemine In the Matter of the Extradition of Contreras,800 F. Supp. Under Article 10 of the Treaty, the request for extradition is required to contain the description of the offense for which extradition is requested and shall be accompanied by: (1) A statement of the facts of the case; (2) The text of the legal provisions describing the essential elements of the offense; (3) The text of the legal provisions describing the punishment for the offense; (4) The text of the legal provisions relating to the time limit on the prosecution of the offense; and. Collins v. Loisel,259 U.S. 309, 316, 42 S. Ct. 469, 66 L. Ed. 1462, 1469 (S.D.Tex.1992). Respondent does not dispute that the Treaty requirements have been met with regard to these items with three exceptions. 442 (S.D.Cal.1990). Los narcojuniors . In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. You already receive all suggested Justia Opinion Summary Newsletters. In the Matter of the Extradition of Contreras,800 F. Supp. [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. 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. 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. Neely v. Henkel, supra. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. Case Number: 97CR2149 JM (S.D. Under Article 10(7) of the Treaty, the probable cause determination is to be made in accordance with the laws of requested party (here, the United States). 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. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. 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. There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. When arrested, Gallardo said that the marijuana belonged to Benjamin Arellano Felix, which caused the issuance of an arrest warrant for Benjamin Arellano Felix. 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 . 3190. The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. de Sicor 1 Acdo. The videotapes clearly demonstrate Alejandro's demeanor. Narcos Mxico: who were the narcojuniors in real life - El Comercio In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. In Shapiro v. Ferrandina,355 F. Supp. Valdez told Contreras, "Wait for me here and when you see us leave the parking lot in the white Volkswagen, make a wall so that we won't be followed". Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . The power to make treaties is constitutionally invested in the executive branch of the United States government. [16] Further, it is not the responsibility of this Court to assess the probability that the requesting party will be able to secure a conviction. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . Support for its origin is suggested from a New York Times article[40]. Matter of Extradition of Mainero, 990 F. Supp. 1208 - CourtListener As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. 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. 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. Tijuana Scions of Privilege Alleged to Be Drug Hit Men He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. The magistrate judge need only determine whether there is competent evidence to justify holding the Respondent for trial, not whether the evidence is sufficient to justify conviction. The authority of a magistrate judge to conduct the proceedings is provided by 18 U.S.C. One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. [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. The personal notes and translation were offered to corroborate the declaration and the explanatory evidence with regard to Alejandro's testimony. 2d 61 (1970). 3190. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Chapo Guzman gave marijuana to Gallardo so that he could move it into the United States, but afterwards, Chapo Guzman sent the Federal Police after him. Mexico), they could have easily added that provision. BATTAGLIA, District Judge. This element was not challenged by the Respondent. ("Cruz") In his October 12, 1996 statement, Cruz declared before an agent of the Mexican Federal Public Prosecutor that Valdez, Martinez and, Fabian Partiday, aka "Domingo," described to him crimes that they had committed, the firearms they used to commit the crimes, and the numerous cities in Mexico, in which they had committed crimes in furtherance of the goals of the AFO. Mexican Tale: Drugs, Crime, Torture and the U.S. is indoor ice skating safe during covid; most common super bowl final scores; lynette woodard spouse; reelfoot lake fishing guides; emilio valdez mainero. 970 (1925); the probable cause is sustained if competent evidence to establish reasonable grounds is presented, not necessarily evidence competent to convict. The cohorts also said the Arellanos had on their payroll Mexican immigration agents who waved cocaine shipments across the border. [2] The warrant was issued on a Complaint charging Respondent with carrying a firearm exclusively reserved for the military in violation of Articles 160 and 162, paragraph 3, Criminal Code for the Federal District. 1462, 1464 (S.D.Tex.1992). Id. Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. 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. Collins v. Loisel,259 U.S. 309, 317, 42 S. Ct. 469, 66 L. Ed. 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 Henain Meza Castaos, Gustavo Miranda Santa Cruz y Fabin Martnez. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. Netflix lanz la ltima temporada de Narcos: Mxico, donde adems de los personajes que ya conocemos, hay UNA sorpresa: Bad Bunny. Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. "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. 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 videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. 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. Appellant then filed a writ of habeas corpus with the district court. You're all set! The certificate is forwarded to the Department of State. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . 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. Gill v. Imundi,747 F. Supp. Informacin de El Universal. In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. Peryea v. United States,782 F. Supp. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. 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 . There, Valdez told the group, "`The Baby' paid me off. Quines eran los narcojuniors reales de Tijuana? (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. Valdez and Martinez then fled the Holiday Inn in the white Volkswagen. *291 Michael Pancer, Law Office of Michael Pancer, San Diego, CA, for Emilio Valdez Mainero. The law limits extradition to circumstances where the Treaty is in full force and effect. These statements do not add a great deal to Mexico's case regarding this Respondent. Emilio Valdez Mainero met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. (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. The certified documents included diplomatic note 001831 dated November 25, 1996 from the Embassy of Mexico formally requesting the extradition of Respondent on the firearms and conspiracy charges. 1978). Quin era 'El Kitty', narcojunior interpretado por Bad Bunny? The holding in Gallina, however, offers no support for Valdez' claim. La pequea y poco conocida . 5.1 is denied. According to testimony given to . Connect with the definitive source for global and local news. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). The two perpetrators escaped in a white Volkswagen. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. Id. United States v. Manzi, 888 F.2d 204, 206 (1st Cir. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. narcoseries Netflix. In fact, it is the United States, on behalf of the Republic of Mexico, that is the moving party in this proceeding, pursuant to the subject Treaty. Background. Publicado: 5/6/2021 7:10:25 PM. 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. [2] An analysis under Parretti v. United States, 112 F.3d 1363 (9th Cir.1997) decided May 6, 1997 and amended August 29, 1997, well after the issuance of the provisional arrest warrant in this case, is unnecessary given the timely filing of the certified documents. 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 . [19]Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. The court, for reasons explained below, grants the petition, finding the detainee extraditable. The witnesses all identify Respondent as the perpetrator in these regards. 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. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. For this reason, Respondent's challenge in this regard is denied. 029n1est - La Jornada Miranda also declared that Valdez had told him he and Fabian Reyes Partida, aka "Domingo", (hereinafter Reyes) had assassinated Jesus Romero Magana because he was investigating Valdez' criminal activity. Quines eran los narcojuniors reales de Tijuana? 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. 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. He also stated that it was Valdez who assigned him the code name "F7". Mr. Valdez was referred to as "El Cabezon", "C.P. Cruz testified based upon his personal acquaintance with the individuals named in the statement, and his participation in various events and circumstances, as well as conversations, with the individuals involved. Caso Blancornelas - activoforo.com 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. I Background 1462, 1464 (S.D.Tex. Officials Link Ensenada Massacre to Drug Feud - Los Angeles Times 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. The notes are identified by Augustin Hodoyan, Alejandro's brother. 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. [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. In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". The Ninth Circuit has held that self incriminating statements of accomplices are sufficient to establish probable cause in an extradition hearing. 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. El recordado criminal perteneca a los Narcojuniors, una clula del crtel de Tijuana que sale a relucir en la nueva temporada de la serie de Netflix. 956 (1922). Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . This evidence is clearly contradictory and inadmissible under Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. Only the criminal association (conspiracy) and murder charges satisfy the dual criminality requirement for extradition. Mexican Tale: Drugs, Crime, Torture and the U.S. He later was charged with several murders, including Ibarras. [37] These statements were taken in open Court, at the time that Cruz and Soto were arraigned on charges filed against them by the Republic of Mexico and based upon the statements given to the public prosecutor. This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. 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. No. While obviously nervous as he recounts the AFO's activities, there are no signs of physical abuse or manifestations consistent with psychological pressure or duress. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . 13, 22 (D.Mass.1989). Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. According to testimony given to Mexican authorities, the Arellanos _ led by brothers Benjamin, Ramon, Javier and Francisco _ have been able to coordinate major assassinations with the aid of the attorney general of Baja California, Jose Luis Anaya Bautista.