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Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. 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 . ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. 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. There is no prohibition against hearsay in the extradition context because the Federal Rules of Evidence, which proscribe hearsay, do not apply to extradition. That conclusion is based on the following analysis. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. [41] All of these individuals are described as "prisoners" in the statement. [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. "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. Bingham v. Bradley,241 U.S. 511, 517, 36 S. Ct. 634, 60 L. Ed. 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 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. at 77, 78. I Background. 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. Alejandro, who is the brother of extraditee Alfredo Miguel hodoyan Palacios aka "Lobo",[28] stated that his brother told him that Valdez and Martinez had participated in the murder of Gallardo at the Holiday Inn Hotel in Toluca. The Court denied the motion.[3]. The authority of a magistrate judge to conduct the proceedings is provided by 18 U.S.C. As a result, the Court finds Treaty compliance in this respect and denies Respondent's request for release on this basis. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. 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. Alejandro's statement, at page 13, implicates Respondent[47] in the murder. In contesting the accuracy of the statement of the federal prosecutor, he "rejects" the alias described to him, the reported rank in the infantry, and claims that he does not belong to the Presidential General staff but to the Presidential Guards Corps. Mexico more correctly characterizes the Ruiz statement as a summary of statements by Seargent Ruiz. 3190. 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. emilio valdez mainerospiral pattern printing in c. phillies front office salaries A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. [6] The Court also directed the United States to request from Mexico, a signed statement of Seargent Ruiz and evidence of all dates of arrest after September 1, 1996 of witnesses Soto, Alejandro Hodoyan, Francisco Cabrera Castro and Gerardo Cruz Pacheco.[7]. 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. 290 Brought to you by Free Law Project, . denied, 364 U.S. 851, 81 S. Ct. 97, 5 L. Ed. Quinn v. Robinson, 783 F.2d 776, 789, 790 (9th Cir.1986). (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. Valdez told Contreras, "Wait for me here and when you see us leave the parking lot in the white Volkswagen, make a wall so that we won't be followed". The case against the juniors spilled into U.S. courts after the Sept. 30 arrest of Emilio Valdez Mainero, 32, the baby-faced son of a deceased Tijuana colonel. 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. [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". Respondent had indicated that a recantation by Vasquez would be filed, but no such document has been offered in evidence in this case. The Court's direction to the United States to request from Mexico a copy of the signed statement by Ruiz or other information confirming its authenticity and the actual arrest dates of the individuals involved has been met with a response that this information is not available. [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. The document is not authenticated. 96-1798-M. United States District Court, S.D. 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 . These three were carrying short range firearms in a white Volkswagen. [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. 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. 934 (D.Mass.1996). 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. An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . When arrested, Gallardo said that the marijuana belonged to Benjamin Arellano Felix, which caused the issuance of an arrest warrant for Benjamin Arellano Felix. 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. (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. The court denied the writ. 970 (1925); the probable cause is sustained if competent evidence to establish reasonable grounds is presented, not necessarily evidence competent to convict. They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. Ahora me siento segura ya que me entero inmediatamente de todo lo que sucede, inclusive antes que mi abogado y que el abogado de . 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. Respondent's objections to this evidence and his explanatory evidence have already been addressed, and rejected. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. He states that the reason that Gallardo was murdered was because he had allowed "Chapo Guzman" into the territory of Tijuana to deal drugs and push out Benjamin Arellano Felix. 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. You can explore additional available newsletters here. Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. 577 (1901). The precedent of the long line of cases discussed above, supports the proposition that the consideration of a "humanitarian exception" should be left to the Department of State where it rightly belongs. [48] Evidence submitted in this regard includes the "recantations" regarding the use of torture to extract statements from the witnesses as well as the alleged abduction of Alejandro. Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. Respondent's discovery request in this regard is denied. 18 U.S.C. 1980), the court refused to decide whether the accused might be tortured or killed if surrendered to the requesting nation because this argument raised an "issue that properly falls within the exclusive purview of the executive branch" Id. 30), he requests discovery regarding the statement by Miranda. 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. November 4, 1997. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. Under 18 U.S.C. 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 witnesses all identify Respondent as the perpetrator in these regards. If the Court determines that all the requisite elements have been met, the findings are incorporated into a certificate of extraditability. The Supplemental Complaint charged Respondent with criminal association under Article 164, paragraph 1 and Article 13, section 2 of the Penal Code for the Federal District. [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. Threats at the time were taken seriously, especially given the high profile murders of Tijuana's police chief in February 2000, followed shortly by the murder of Jose Patio . El Lobo was captured in the United States together with Emilio Valdez Mainero "El Radioloco", they were extradited to Mexico in January of 1998 and also sent to Altiplano at Almoloya de Juarez. Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. Ejecutivo Mercantil Autr. De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . 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. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. The various activities included a number of incidents of transportation of illegal drugs and homicide. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. 3184, et seq. Based on case authorities Respondent's Motion in this regard is denied. The . Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. 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. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. Mexican prosecutors persuade California courts to send Alfredo Hodoyan Palacios and Emilio Valdez Mainero, alleged paid killers for a vicious drug ring based in Tijuana, back to Mexico to face . The magistrate judge need only determine whether there is competent evidence to justify holding the Respondent for trial, not whether the evidence is sufficient to justify conviction. 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. Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence.

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