As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). But federal prosecutors said that the information is valuable for this case and others, and that the mens credibility is proved by the way their stories fit together. 1983). 54(b) (5). Cruz declared that in April 1996, he received a message from Martinez instructing him to meet at the Glorieta del Angel at 6:00 p.m. At that location, Cruz met with Valdez, Martinez and Contreras. [31] See discussion at page 1213, line ___, et seq. 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 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. Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. 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. denied, 405 U.S. 989, 92 S. Ct. 1251, 31 L. Ed. Valdez _ the godfather of one of the Arellanos children _ was arrested in September in Coronado, Calif. An extradition hearing began Thursday for Valdez and another man. Emilio Valdez Mainero declara que en mayo de 1992, l, Arturo "Kitty" Pez Martnez, Fabin Martnez Gonzlez "El Tiburn", David Barrn Corona y Jorge Alonso, fueron a buscar para matarlo, a Ricardo Olmos; que despus que lo localizaron como usuario de un taxi, se emparejaron al vehculo y Valdez y Barrn descendieron del . Each "recantation" is essentially a denial of the former statement(s) in their entirety and an allegation of torture and abuse at the hands of the Mexican authorities. After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. [41] All of these individuals are described as "prisoners" in the statement. The Court is not limited in its receipt of this evidence by virtue of the lack of certification. This evidence is clearly contradictory and inadmissible under Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. In re Petition of France for Extradition of Sauvage,819 F. Supp. California. 830 (1911). Background. 2d 455 (1972). denied, 364 U.S. 851, 81 S. Ct. 97, 5 L. Ed. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. 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. 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. [42] The response from Mexico indicates that closed proceedings related to General Rebollo are ongoing in Mexico and that Ruiz is a witness therein. Explanatory evidence is allowed only if the evidence would, clearly, negate a showing of probable cause. 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. The Federal Rules of Criminal Procedure and the Federal Rules of Evidence are not applicable in extradition proceedings. Magistrate No. There is no prohibition against hearsay in the extradition context because the Federal Rules of Evidence, which proscribe hearsay, do not apply to extradition. 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. The March 3, 1997 date is taken from the first line of the document. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. Matter of Extradition of Koskotas, 127 F.R.D. 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. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. 896 (S.D.Cal.1993). This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. The record is overwhelming with eyewitness testimony,[20] autopsies and physical evidence from the scene to establish these facts. denied, 398 U.S. 903, 90 S. Ct. 1688, 26 L. Ed. Respondent also challenges compliance with the Treaty, and urges his release in these proceedings, relative to the "late filing" of certified documents in this case. Respondent's roles and activities in these regards is specifically referenced. 1 Since there is no right of appeal from extradition orders, Valdez and Hodoyan filed petitions for writs of habeas corpus in . 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 . The suggestion of torture is certainly present in the record. Elias v. Ramirez,215 U.S. 398, 30 S. Ct. 131, 54 L. Ed. (3) Fausto Soto Miller. Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. Get free summaries of new Southern District of California US Federal District Court opinions delivered to your inbox! En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue . United States v. Taitz, 130 F.R.D. 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. one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. R.Crim.P. The court, for reasons explained below, grants the petition, finding the detainee extraditable. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . United States v. Valdez-Mainero. [47] Alejandro's testimony also implicates his brother concerning the involvement with the AFO, which relates to the pending extradition of Alfredo Hodoyan-Palacios, 96mg1828(AJB). Court documents say the threat against assistant U.S. Atty. Fausto Soto Miller presented There is no evidence, however, in this regard. 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. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. The scope of this proceeding is narrow and is limited to the existence of probable cause and the evidence, received by virtue of the Treaty provisions and applicable law. [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. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. The holding in Gallina, however, offers no support for Valdez' claim. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. Print material from AMNESTY INTERNATIONAL has also been filed. BATTAGLIA, District Judge. Mexico also argued that the document was not certified as required by the treaty and would be presumptively inadmissable. 1462, 1469 (S.D.Tex.1992). The contours of the extradition proceeding were shaped by the Treaty and statute. [32] Respondent also argues that the statements of Francisco Cabrera Castro and Edgar Alejandro Gonzalez Gonzalez offered by Mexico were also "extracted" by torture. The evidence tying Valdez to the murder of Gallardo and Sanchez itself, given the numbers of other individuals involved, supports the criminal association charge. Id. Specifically, the tape of the interview with Miranda, all notes and interview sheets, and documentation concerning Assistant United States Attorney Curiel's agency on behalf of Mexico. La pequea y poco conocida . While Ruiz provides no direct account of any torture, this information supports a finding that Alejandro was "in custody"[43] along with others and supports an argument that extended detention was involved in the handling of the witnesses by Mexico. The Secretary of State makes the ultimate decision on whether to surrender the Respondent. Several days went by before Cruz met with Valdez, Martinez, Contreras and Cabrera. If the drafters of the Treaty had intended the judicial officer to consider the admissibility and weight of the evidence under the law of the requesting party (i.e. Emilio Valdez Mainero and Alfredo Hodoyan were linked to the Arellano Felix drug organization, which controls the lucrative drug corridor from Baja California into the United States. The request for discovery regarding Miranda was also submitted in RESPONDENTS SUPPLEMENTAL SUBMISSION RE: EXTRADITION AND REQUEST FOR DISCOVERY filed June 26, 1997 in Case 96-1828 (Docket No. [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". As to item 7, the sufficiency of the evidence, Respondent contends that the probable cause element has not been met and, therefore, there is no justification for his apprehension and commitment for extradition to Mexico. 00:15. These statements are also corroborated in significant part by Alejandro's declaration. Article 11, itself, cites that urgency to arrest and detain an individual supports this initial procedure. In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. Furthermore, the sworn witness statements in the instant case are the type of evidence contemplated by the Treaty to avoid the need for the requesting country to send its witnesses to the requested country to testify at the extradition hearing. 13, 22 (D.Mass.1989). Mexican law defines murder (or homicide) as taking the life of another (Article 302). Under United States law, (i.e., California Penal Code 187-199) murder is unlawful and similarly defined. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. In fact, in the statement to the district judge on October 2, 1996, Mr. Soto indicates that he has no physical defects. The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. 0. 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. [22] The individuals related to this case are often referred to in the evidence by nicknames. 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. He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. In the Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996. The statement by Cruz to the federal prosecutor did indicate that Cruz had suffered recent physical injury. LOS NARCOJUNIORS. [38] Specifically, Cruz was charged with homicide and Soto was charged with possession of various *1224 weapons, and a narcotics related offense (possession of marijuana). Alejandro provides an unrestrained narrative discussion of various events and circumstances, prompted by periodic questions and all simultaneously recorded in an office on CPU's. I Background Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix 3184, et seq., the United States issued a provisional arrest warrant for the Respondent, signed by Magistrate Judge Anthony J. Battaglia on September 30, 1996. 96-1798-M. United States District Court, S.D. In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. 18 U.S.C. 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. (2) Gustavo Miranda Santacruz. 1136 (1916); McNamara v. Henkel,226 U.S. 520, 33 S. Ct. 146, 57 L. Ed. 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. 568 (S.D.N.Y.1979). [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. California. 1996) on CaseMine. [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. Miranda stated that the murder took place the first part of April 1996, at the Holiday Inn in Toluca. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. Cruz describes his mistreatment and torture at the hands of the Mexican authorities. at 1450-1451. But the deal fell apart when the other inmate couldn't pay the promised . 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. The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. No mention of torture or physical abuse is made. [45] The physical injuries to Cruz are certainly suspicious in this regard. 50). According to statements filed in federal court in San Diego, Ibarras assassination Sept. 14 was committed by members of the Arellano Felix drug organization and coordinated by the attorney general of Baja California. 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. These three were carrying short range firearms in a white Volkswagen. (5) Gilberto Vasquez Culebro. ("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. 124 F.3d 1186, 1997 WL 624797 (9th Cir.). Cal. As a result, the Court finds Treaty compliance in this respect and denies Respondent's request for release on this basis. 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. In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". [20] i.e. 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. [18] In the original request, Mexico sought extradition on the firearm offense related to events and circumstances alleged to have occurred on April 13, 1994. 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. D. Gilberto Vasquez Culebro, aka "Cachuchas" On September 30, 1996, Gilberto Vasquez Culebro (hereinafter "Vasquez") gave a statement to Jose Luis Juarez Garcia, an agent of the Mexican federal public prosecutor in Mexico City, Mexico. Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . In the final analysis, this Court is required to look at the indicia of reliability with regard to the persuasiveness of this evidence. As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. 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. 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. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. at 952. 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. The essential question is whether the indicia of reliability is on the recantation or the initial statement. 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 . On July 29, 1997, Respondent filed a Motion to Reopen Evidence in this matter. 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. (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. 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. *1229 The testimony of the various witnesses, including Miranda and Alejandro provide competent evidence for an assessment of probable cause to believe that the crime of criminal association (conspiracy) has been committed and that Respondent is involved therein. This is part of the framework created by case law in these proceedings. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. Tambin as reclutaron a Alfredo Hodoyan Palacios, hijo de un empresario de Tijuana, quien comenz a pasar droga sin levantar sospechas pues era . When he appeared in court, the judge also noted, on the record, residual signs of physical injury. Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. These individuals returned to Mr. Vasquez' home in April of 1996 and stated that they were running from the authorities because they had committed a homicide in Mexico City. 937 (D.Vt.1991); Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). In Shapiro v. Ferrandina,355 F. Supp. Finally, the scope of admissible evidence in an extradition hearing is guided by the distinction between contradictory and explanatory evidence. The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. On September 30, 1996, the United States Attorney's Office for the Southern District of *292 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"). Respondent's discovery request in this regard is denied. *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . *1225 Seargent Ruiz' statement appears to confirm Soto's statement that he was arrested prior to the September 27, 1996 date set forth in the statements made to the Mexican authorities. [30] Respondent's Exhibits H, I and J, respectively, docket No. [38] These are the same statements offered in this matter to support the request for extradition. The . 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. 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 government's request for the stay was denied sustaining Respondent's objection and request to proceed. There is no corroborating evidence regarding the source, however. Respondent also argues that Alejandro was abducted in the Spring of 1997 by representatives of Mexico which corroborates Mexico's alleged use of inappropriate force and means to secure evidence in this case. *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. In re Sindona,450 F. Supp. 23. Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. 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. 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. 448 (1901). If the Court determines that all the requisite elements have been met, the findings are incorporated into a certificate of extraditability. [30] These statements challenge the "motive" for the Gallardo murder as stated by Cruz and Miranda. 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. The certified documents submitted by Mexico, including the statements of Cruz, Miranda, Soto, Vasquez and Alejandro are admitted into evidence in accordance with Article 10(6) of the subject Treaty and 18 U.S.C. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. Otro de los reclutados fue Alfredo Hodoyan Palacios, quien era hijo de un empresario prominente en Tijuana. Buscar. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). 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. Citations Copy Citation. narcoseries Netflix. Discovery is not available in extradition proceedings. It is asserted that the videotapes demonstrate Alejandro's demeanor and rebut the assertion that Alejandro testified as a result of any torture or duress. Respondent's reliance upon Article 11, Paragraph 3, is misplaced. Respondent has no right to rebut prosecutorial evidence (here, the basis and procedural compliance with the laws of Mexico as well as the determination of probable cause to issue the warrant in Mexico). Hodoyan haba estudiado en una . This finding could be based upon the testimony of Miranda and Alejandro, alone. These questions cannot be answered within the narrow confines of an extradition proceeding and would be most properly addressed by the Secretary of State and/or the Court in Mexico on a trial on the merits. B. Gustavo Miranda Santacruz On November 19, 1996, Gustavo Miranda Santacruz (hereinafter "Miranda") made a declaration before Assistant United States Attorney, Gonzalo P. Curiel, acting as Mexico's agent pursuant to a request under the mutual Legal Assistance Treaty that exists between Mexico and the United States. mayo 9, 2022. Background. Recanting statements are relevant in these proceedings as they affect probable cause. 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. 563, 572 *1219 (S.D.N.Y.