At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. Soto's testimony is based upon his acquaintance with the individuals referenced in the statement, and his role as a cook residing at various times with these individuals. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. Mr. Valdez was referred to as "El Cabezon", "C.P. Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. 956 (1922). 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 . narcoseries Netflix. Homicide is an extraditable offense under Article 2(1) and Appendix Part 1 of the treaty. 5.1 is without authority and is unavailable in any event under prevailing authority. Cruz also said he transported weapons used in Ibarras slaying. Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980). [30] Respondent's Exhibits H, I and J, respectively, docket No. Defense counsel was provided for Mr. Soto for purposes of his testimony. Garcia-Guillern v. United States, 450 F.2d 1189, 1192 (5th Cir. Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. 18 U.S.C. Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . [5] This Declaration is filed in Case No. *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. "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. 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. Valdez moved the Court for release under the special circumstances doctrine. 0. [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. [41] All of these individuals are described as "prisoners" in the statement. Respondent's reliance upon Article 11, Paragraph 3, is misplaced. This resulted in the arrest of Valdez on September 30, 1996. 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. 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]. BATTAGLIA, United States Magistrate Judge. 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. (5) Gilberto Vasquez Culebro. 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 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. 1978). The Courts have chosen to defer questions regarding the procedures or treatment that might await an individual on extradition to the executive branch because of its exclusive power to conduct foreign affairs. 3184, et seq. Soto extensively describes other, numerous criminal activities of the AFO. Gill v. Imundi,747 F. Supp. During the drive, Contreras told Cruz that, "his friends in the white Volkswagen wanted to say hello to a fellow citizen who was in Toluca to train for boxing." 563, 572 *1219 (S.D.N.Y. 24). 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. Ultimately, the United States sought to stay the proceedings for an additional ninety (90) day period. He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. denied, 364 U.S. 851, 81 S. Ct. 97, 5 L. Ed. The essential question is whether the indicia of reliability is on the recantation or the initial statement. 577 (1901). After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. 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"). Mr. Valdez became a top operative in the organization, arranging drug . [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. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. 3190. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . 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. 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. A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. The Department of Justice shall prepare a certification consistent with this memorandum as required by 18 U.S.C. Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. The evidence tying Valdez to the murder of Gallardo and Sanchez itself, given the numbers of other individuals involved, supports the criminal association charge. 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. 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 principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. You can explore additional available newsletters here. 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. California. Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities. one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; at 77, 78. The contours of the extradition proceeding were shaped by the Treaty and statute. The document is not authenticated. at 952. Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. 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. Case Number: 97CR2149 JM (S.D. 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. The Treaty between the United States and Mexico calls for probable cause to be measured by the standards established in the requesting country. Extradition of Kraiselburd, 786 F.2d 1395, 1399 (9th Cir.1986). The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. In re Petition of France for Extradition of Sauvage,819 F. Supp. Publicado: 5/6/2021 7:10:25 PM. Mexico also takes the position that the statement is inaccurate and not properly certified or executed. is indoor ice skating safe during covid; most common super bowl final scores; lynette woodard spouse; reelfoot lake fishing guides; emilio valdez mainero. 1462, 1469 (S.D.Tex.1992). 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. 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. Lastly, there is no authority that requires a magistrate judge to compel disclosure of explanatory information. The Court finds that the videotapes do show a cooperating witness. Valdezs attorney said some of the statements were extracted under torture. In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. No applicable authority was presented on this point and prevailing authority as set forth herein supports this ruling. The court denied the writ. 20, 2013) From Casetext: Smarter Legal Research. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). The physical description of Emilio Valdez Mainero, "El C.P." or "Cabeza de Perro," is the following: 30 years old, 1.77 or 1.76 meters, heavy build, white skin, short straight hair which . 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. Valdez and Martinez then fled the Holiday Inn in the white Volkswagen. Specifically, Respondent sought "all witness statements submitted in General Gutierrez Rebollo's case to determine whether or not there is additional relevant testimony." United States v. Manzi, 888 F.2d 204, 206 (1st Cir. 1971), cert. 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. [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). Soto acknowledges having signed the statement as well as affixing his fingerprints. 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. Cal. 44). 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. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. Demandado: Emilio Ricardo Valdez Mainero. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 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. Mr. Vasquez states that the individuals acted suspiciously and carried long and short range firearms. 30), he requests discovery regarding the statement by Miranda. [42] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION (Docket No. 956 (1922). Fed.R.Evid. [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. 13, 22 (D.Mass.1989). The authority of a magistrate judge to conduct the proceedings is provided by 18 U.S.C. These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. Court documents say the threat against assistant U.S. Atty. 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. In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. En 1995, su reinado lleg a su fin. The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. The two cars stopped in the village of San Mateo Atenco. 1101(d) (3); and Fed. BATTAGLIA, District Judge. 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. Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). 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. The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. 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. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. 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. Alejandro's statement, at page 13, implicates Respondent[47] in the murder. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. 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. 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 . As a result, the Court finds Treaty compliance in this respect and denies Respondent's request for release on this basis. 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. 50). EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Respondent also offers, as evidence to defeat probable cause, recantations by Cruz and Soto relative to the earlier statements[36]. Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. But the deal fell apart when the other inmate couldn't pay the promised . For this reason, Respondent's challenge in this regard is denied. 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. 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 government's request for the stay was denied sustaining Respondent's objection and request to proceed. Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. 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. [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. 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. ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. 2d 496 (1990). Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). 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. October 21, 1996. 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. 3190. [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. United States v. Valdez-Mainero. Valdez shot and killed Gallardo as well as Sanchez who happened to be in the corridor at the time of Gallardo's murder. The Ninth Circuit has held that self incriminating statements of accomplices are sufficient to establish probable cause in an extradition hearing. Mexico), they could have easily added that provision. A full review of the evidence, however, is the provence of the trial court in the requesting nation. the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. [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. ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. emilio valdez mainero. 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. 1136 (1916); McNamara v. Henkel,226 U.S. 520, 33 S. Ct. 146, 57 L. Ed. 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. 25. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Background. It is also alleged that Respondent was in charge of cocaine and marijuana shipments for the AFO and as a leading member of the organization, was responsible for assigning code names to the other members. Under *1216 United States law, the standard of probable cause is whether there is any evidence warranting the finding that there was reasonable ground to believe the accused guilty. 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. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Nobody threatens my brother because the moron who does it, dies.". In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. This evidence is clearly contradictory and inadmissible under Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. His body was found in Osmun Lake in Pontiac on June 7, 2018 but no arrests were made until April 8 of this year. Quinn v. Robinson, 783 F.2d 776, 789, 790 (9th Cir.1986). QUIERE LIBERTAD, DEBE VIDAS. El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . 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. 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"). Republic of France v. Moghadam,617 F. Supp. I Background. [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. 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. 3184. In the Matter of the Extradition of Contreras,800 F. Supp. Explanatory evidence is allowed only if the evidence would, clearly, negate a showing of probable cause. The two perpetrators escaped in a white Volkswagen. Informacin de El Universal. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. de Sicor 1 Acdo. 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"). Get free summaries of new Southern District of California US Federal District Court opinions delivered to your inbox! Magistrate No.