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*1226 In the final analysis, the Ruiz declaration is inadmissible given the lack of authenticity, certification or reliability and does little to support the recantations of Soto and Cruz. 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. [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. 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. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . 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. 3190. Magistrate No. According to testimony given to . Emilio Valdez passed away Saturday, August 31, 2019. 20, 2013) From Casetext: Smarter Legal Research. In the Matter of the EXTRADITION OF 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 contours of the extradition proceeding were shaped by the Treaty and statute. 2d 208. 577 (1901). 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. At the time, Emilio Valdez Mainero, a member of the Arellano Flix cartel, said in a bugged conversation with a inmate-turned-informant that he wanted to kill Curiel. (5) Gilberto Vasquez Culebro. Through observation and discussion, he became privy to the knowledge set forth. 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. He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". 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. 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. Soto extensively describes other, numerous criminal activities of the AFO. The Court is not limited in its receipt of this evidence by virtue of the lack of certification. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. 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. Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. 96mg 1828(AJB). ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. 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. 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. While the Court has wide latitude in admitting evidence, and hearsay evidence is admissible, the Ruiz statement is without any legally reliable corroborating or authenticating evidence in this case. 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. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. 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. Finally, he contests the date of arrest. As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. Soto acknowledges having signed the statement as well as affixing his fingerprints. One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. (4) Alejandro Enrique Hodoyan Palacios In his November 30, 1996 deposition, Alejandro not only discussed the murder of Gallardo and Sanchez, but he also discussed other criminal activity involving the AFO and including the activities of Respondent Valdez. According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. 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 . 13, 22 (D.Mass.1989). In Matter of Extradition of Pazienza,619 F. Supp. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. 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. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. The Ninth Circuit has labeled the above statement from Gallina as speculation. [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. Mexican law defines murder (or homicide) as taking the life of another (Article 302). These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. The Ruiz statement also describes the "detention" of Alejandro and Francisco Cabrera Castro, aka "Piedras". Court documents say the threat against assistant U.S. Atty. 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 . 1462, 1464 (S.D.Tex.1992). There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. 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. [9] See ORDER DIRECTING THE FILING OF ADDITIONAL EVIDENCE filed October 23, 1997 (Docket No. These statements do not add a great deal to Mexico's case regarding this Respondent. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). BATTAGLIA, United States Magistrate Judge. Respondent's objections to this evidence and his explanatory evidence have already been addressed, and rejected. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 3188 for a similar 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. (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. "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. Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980). 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 United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. 96-1798-M. United States District Court, S.D. Hodoyan haba estudiado en una . "The rationale is that such matters are to be determined solely by the executive branch." Matter of Extradition of Koskotas, 127 F.R.D. In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). The court, for reasons explained below, grants the petition, finding the detainee extraditable. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 44). In support of its extradition request on the charge of criminal conspiracy, Mexico has provided, among other things, the following sworn, certified and authenticated witness statements which detail Valdez' membership and participation in the Arellano Felix drug trafficking organization: (1) Gerardo Cruz Pacheco aka "Capitan". The essential question is whether the indicia of reliability is on the recantation or the initial statement. Print material from AMNESTY INTERNATIONAL has also been filed. Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. at 952. You're all set! Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . 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. 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"). According to the allegations, earlier on April 9, 1996, Valdez, Martinez, and Isaac Contreras Ayala, aka "Calaco", (hereinafter "Contreras") were awaiting the arrival of Gerardo Cruz Pacheco, aka "Capitan", (hereinafter "Cruz") at the Glorieta del Angel. 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. 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. No mention of torture or physical abuse is made. 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. In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. de Sicor 1 Acdo. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. The proper authority for the political decision here is, of course, the Secretary of State. In that statement, Cruz was noted to have suffered multiple burns which were attributed to an incident several days before when he was inspecting the exhaust pipe of a vehicle. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. The credible evidence, satisfies Mexico's burden in this respect[44]. This is part of the framework created by case law in these proceedings. R.Crim.P. The power to make treaties is constitutionally invested in the executive branch of the United States government. 568 (S.D.N.Y.1979). The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. 1462, 1469 (S.D.Tex.1992). The request for a provisional arrest is based, in significant part, upon the existence of a warrant for the fugitive's arrest issued in the district of the authority making the request and charging the fugitive with a commission of crime for which his extradition is sought to be obtained. "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. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. Buscar. 1997). [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. Cruz also said he transported weapons used in Ibarras slaying. 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 . 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. 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. No applicable authority was presented on this point and prevailing authority as set forth herein supports this ruling. 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"). [31] See discussion at page 1213, line ___, et seq. In the final analysis, this Court is required to look at the indicia of reliability with regard to the persuasiveness of this evidence. 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.