Nobody threatens my brother because the moron who does it, dies.". 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. Specifically, Respondent sought "all witness statements submitted in General Gutierrez Rebollo's case to determine whether or not there is additional relevant testimony." These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. Treaties, by design, live well beyond the administration involved in their enactment. After receipt of the diplomatic note, Respondent was then held under the formal request for extradition and not the provisional arrest which had initiated the case. Gerardo Cruz Pacheco, a former presidential security guard, told Mexican officials he helped the gunmen escape after the Holiday Inn murder by forming a wall of cars as they drove off. R.Crim.P. Id. 1996) on CaseMine. 2d 496 (1990). Este es el miembro del Crtel Tijuana que interpreta Bad Bunny en Galanis v. Pallanck, 568 F.2d 234 (2d Cir.1977); Sayne v. Shipley, 418 F.2d 679 (5th Cir.1969) cert. Based on case authorities Respondent's Motion in this regard is denied. "EL Lobo"Hodoyan of the CAF gains his freedom - Borderland Beat The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. [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). "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. "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. These statements do not add a great deal to Mexico's case regarding this Respondent. No. The Court denied the motion.[3]. Tijuana Cartel Escalates Violence Along Border 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. 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. United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). NARCOTRAFICO: DETENCIONES DE 1RA GENERACION DEL CAF - Blogger In re Petition of France for Extradition of Sauvage,819 F. Supp. 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. Quines eran los narcojuniors reales de Tijuana? Id. 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. The record is overwhelming with eyewitness testimony,[20] autopsies and physical evidence from the scene to establish these facts. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). QUIERE LIBERTAD, DEBE VIDAS. 1101(d) (3); and Fed. The Federal Rules of Criminal Procedure and the Federal Rules of Evidence are not applicable in extradition proceedings. 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. 563, 572 *1219 (S.D.N.Y. Matter of Extradition of Mainero :: California Southern District Court 830 (1911). Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). Covid-19 Mxico: Suman 218 mil 173 muertes y 1 milln 879 mil 713 personas se han recuperado | Cifras El director general de Epidemiologa, Jos Luis Aloma Zegarra, inform que se registran 21 mil 224 casos activos en el pas; se han aplicado 19 millones 951 mil 121 dosis aplicadas.. 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 . De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . 5.1 is denied. [43] The balance of the evidence, as noted, does not lead to the conclusion that Alejandro was under duress, nor, that the November 30, 1996 deposition is unreliable. 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]. The documents were filed by Mexican authorities seeking extradition of two men -- Emilio Valdez Mainero, 32, and Alfredo Hodayan Palacios, 25 -- alleged to be hit men for the Arellano Felix brothers. The United States has also offered statements from interviews between Alejandro and federal agents in February of 1997 which are asserted to corroborate Alejandro's knowledge of the AFO and his willingness to cooperate. United States v. Valdez-Mainero - casetext.com 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). SAN DIEGO (AP) _ Ernesto Ibarra Santes, the federal police commander in Tijuana, Mexico, fearlessly vowed to topple a vicious drug organization that controls the busiest cocaine corridor into the United States. Mexico takes issue with the March 3, 1997 declaration, noting that it was not signed by the declarant, nor is part of an official proceeding or under penalty of perjury. [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. 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. Emilio Valdez passed away Saturday, August 31, 2019. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . [22] The individuals related to this case are often referred to in the evidence by nicknames. Neely v. Henkel, supra. The law limits extradition to circumstances where the Treaty is in full force and effect. The Court concludes that each of the crimes for which extradition is requested by Mexico are among those specified in the Treaty but that only Criminal Association and First Degree Murder are analogous to United States law. In the final analysis, this Court is required to look at the indicia of reliability with regard to the persuasiveness of this evidence. Id. C. Fausto Soto Miller, aka "Chef" In his September 27, 1996[27] declaration before an agent of the Mexican Federal Public Prosecutor, Fausto Soto Miller, "Chef," (hereinafter *1221 "Soto") stated that he was aware of the personal problems between Valdez and Gallardo, arising out of a threat with a firearm against Gabriel Valdez made by Gallardo. In response to this evidence, Valdez offers statements of Gabriel Valdez, Marci Ramirez Marin de Gonzalez and Eva Marin viuda de Pena. The filing of certified documents permitted Mexico to go forward with the extradition proceeding under the Treaty. Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. Quinn v. Robinson, 783 F.2d 776, 789, 790 (9th Cir.1986). Finally, Respondent filed FINDINGS OF MEXICAN LAW EXPERT RODOLFO GASTELUM PEREZ RE: ABSENCE OF PROBABLE CAUSE; SYNOPSIS; AND CURRICULUM VITAE which asserted procedural, substantive and constitutional infirmities under Mexican law in the extradition request and in the arrest warrant. Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. 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 . 577 (1901). Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. Discovery is not available in extradition proceedings. Cruz also said he transported weapons used in Ibarras slaying. 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. 3190. Quines eran los narcojuniors reales de Tijuana? Under 18 U.S.C. The interests of Mexico were represented by the United States through the United States Department of Justice, by United States Attorney Alan D. Bersin and Assistant United States Attorney Gonzalo P. Curiel. This is part of the framework created by case law in these proceedings. There is no prohibition against hearsay in the extradition context because the Federal Rules of Evidence, which proscribe hearsay, do not apply to extradition. 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. In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. Finally, he contests the date of arrest. As to Soto, his three statements to the Mexican authorities, two on September 27, 1996 and one on September 30, 1996, respectively, do not reference any injury. Emilio Valdez - Phone, Address, Background info | Whitepages ``Take out your AK-47, and you are going to (expletive) him right now.. Kitty Pez, el narcojunior real que interpreta Bad Bunny en "Narcos This is defined as an individual who is a member of a group or gang of three or more persons whose purpose is to carry out criminal activity (Article 164). November 4, 1997. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. Mexico Wins Extradition of Two Defendants From U.S. for Drug-Killing 28). The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. In the absence of legal authority to support the court's ability to find the treaty invalid for changed circumstances or that the purpose and intent of the parties in this instance is materially different, Respondent's position in this regard is rejected. Ahora me siento segura ya que me entero inmediatamente de todo lo que sucede, inclusive antes que mi abogado y que el abogado de . 'Narcos: Mxico 3' reparto: Quin es 'Kitty' Pez? Historia - RPP [33] On June 19, 1997, Respondent filed a REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY requesting, among other things, that the Court "order the government to turn over any other relevant information which might help the detainee explain the `evidence' lodged against him" (Docket No. 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. California. The complaint . Finally, the scope of admissible evidence in an extradition hearing is guided by the distinction between contradictory and explanatory evidence. 834 F.2d 1444, 1453. 448 (1901). [21] This evidence is certified by the principle diplomatic or counsular officer of the United States in Mexico and is received into evidence pursuant Article 10(6) of the Treaty and 18 U.S.C. 3190. Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. Print material from AMNESTY INTERNATIONAL has also been filed. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Background. Seeing no one in pursuit, Cruz followed the white Volkswagen in the navy blue Cutlass. 50). 956 (1922). As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. Specifically, Respondent submits that the Treaty is invalid because the use of torture in Mexico in obtaining evidence, including the evidence in this matter, is contrary to the law of the United States. As earlier stated, the circumstances of Alejandro's testimony are not suggestive of torture, coercion or duress. They are under a compelled setting initiated by Mexican judicial authorities (as opposed to a self directed recantation by the declarants) and are no greater than a plea of not guilty when analyzed to similar proceedings under United States law. ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. The Second Circuit affirmed the denial of the habeas corpus petition. 777 (N.D.Cal.1985). In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. Valdezs attorney said some of the statements were extracted under torture. Columna. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). A great number of questions exist, and many questions remain unanswered in this case. de Sicor 1 Acdo. There is nothing to confirm, corroborate or verify that the facts in the statement are in fact the testimony of Sergeant Ruiz, and based upon personal knowledge. 534 (1902). (2) Criminal Association between 1994 and September 14, 1996 in violation of Article 164, Paragraph 1 in accordance with Article 13, Section II, of the Penal Code for the Federal District;[11] and. His body was found in Osmun Lake in Pontiac on June 7, 2018 but no arrests were made until April 8 of this year. "Lobo" Hodoyn obtiene libertad - Semanario ZETA [41] All of these individuals are described as "prisoners" in the statement. [6] See ORDER DENYING RESPONDENT'S MOTION TO REOPEN EVIDENCE AND DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 11, 1997 (Docket No. "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. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . 54(b) (5). 96-1798-M. United States District Court, S.D. 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. He declared that, in May, 1992, Ramon Arellano-Felix and Valdez killed rival drug traffickers, the Olmos brothers, and that Valdez told him and other members of the AFO that Valdez would pay $150,000 to them if they took the blame for the Olmos murders. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. [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. Mexico has filed the videotapes, the evidence concerning Respondent's statements regarding the 1997 abduction of Alejandro Hodoyan and the genesis of the March 3, 1997 Declaration by Alejandro Hodoyan, as well as the statements by Alejandro to U.S. agents. QUIERE LIBERTAD, DEBE VIDAS - Semanario ZETA Alfredo Miguel Hodoyn Palacios, (a) "Lobo" u "88" , fue detenido el 30 de septiembre de 1996, en San Diego California. Hearsay evidence is admissible on behalf of the Respondent to establish the "obliteration" of probable cause. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. From Pampered Sons To Hit Men? - The Seattle Times In re Sindona,450 F. Supp. 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. emilio valdez mainero - reyasroom.com [27] Soto actually made a series of statements relative to this matter. Quin era en realidad 'El Kitty', narcojunior al que da vida Bad Bunny The Ninth Circuit recognizes that barring hearsay from extradition hearings would thwart one of the objectives of bilateral extradition treaties by requiring the requesting nation to send its citizens to the extraditing country to confront the accused. The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. Nobody threatens my brother because the moron who does it, dies."[12]. He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. 25. Narcos Mxico: who were the narcojuniors in real life - El Comercio The murder and conspiracy offenses, above described, survive the Respondent's challenge. I Background. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. It was not until October 2, 1996 that Soto described the alleged torture to the judge in Mexico. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . 3184, et seq. The court denied the writ. Argument, inference and innuendo is all that has really been presented here. 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. 956 (1922), In re Locatelli,468 F. Supp. Whitepages people search is the most trusted directory. one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. You already receive all suggested Justia Opinion Summary Newsletters. Several days went by before Cruz met with Valdez, Martinez, Contreras and Cabrera. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. The entire record supports the finding that probable cause exists with regard to homicide charges. 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. The court has jurisdiction over the Respondents if they are before the court. The Court may act upon unsworn statements of absent *1223 witnesses, although they could not have been received by the judge under the law of the state in a preliminary examination. Equihua had been close to a witness in the drug-related cases of Alfredo Hodoyan and Emilio Valdez Mainero, which were due to be heard in San Diego courts. Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. 3184, Ward v. Rutherford, 921 F.2d 286, 289 (D.C.Cir.1990) and Rule 74 of the Local Civil Rules of the United States District Court of the Southern District of California. Negocia "El Caballo" inmunidad con EU - Periodico El Vigia The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. 18 U.S.C. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. "The Secretary of State has sole discretion to refuse extradition on humanitarian grounds because of the procedures or treatment that await the surrendered fugitive." 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. In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. 442 (S.D.Cal.1990). ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. 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. 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. Narcojuniors, la pandilla real de "nios ricos" que se involucr en el 934 (D.Mass.1996). Matter of Extradition of Mainero, 990 F. Supp. 1208 - CourtListener This finding could be based upon the testimony of Miranda and Alejandro, alone. 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. Magistrate No. In the statement to the judge, with the assistance of counsel, Cruz was asked by the Court if he desired to make a statement concerning the facts that are attributed to him in the subject statement. [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". Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. Valdez then smiled and announced, "The Baby paid me off. Background. (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. There is no evidence, however, in this regard. In September of 2002, a Judge of the Federal Penal Processes in Mexico State found El Lobo, La Piedra and El Capitan guilty, and sentenced them all to . 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. Bingham v. Bradley,241 U.S. 511, 517, 36 S. Ct. 634, 60 L. Ed. Most of the cocaine entering the United States comes from Mexico, and most of it passes through the Arellanos undisputed turf _ Baja California, according to the Drug Enforcement Administration. Miranda also identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74. Id. 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. Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . The court, for reasons explained below, grants the petition, finding the detainee extraditable. Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. 124 F.3d 1186, 1997 WL 624797 (9th Cir.). You're all set! One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. Support for its origin is suggested from a New York Times article[40]. Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. denied, 398 U.S. 903, 90 S. Ct. 1688, 26 L. Ed. 23. El Cocinero confesses about FBI Top Ten Most Wanted's Arellano Felix (2) Gustavo Miranda Santacruz. Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. Through observation and discussion, he became privy to the knowledge set forth. Quines son los narcojuniors en los que est basada la historia . These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian.