emilio valdez mainero

At approximately 9:30 p.m. Valdez and Martinez encountered Gallardo whom Valdez planned to assassinate. Quines eran los narcojuniors reales de Tijuana? "The rationale is that such matters are to be determined solely by the executive branch." 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. Publicado: 5/6/2021 7:10:25 PM. 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. [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. 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. 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. 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. Under 18 U.S.C. Bingham v. Bradley,241 U.S. 511, 36 S. Ct. 634, 60 L. Ed. 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. 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. These statements are also corroborated in significant part by Alejandro's declaration. [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. The court denied the writ. Respondent asserts that Soto lost an eye as a result of the torture used by Mexico to extract his statement[39]. 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. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. [48] Authority for this proposition is gathered from dicta in some case law in that there is no direct authority for this proposition. Date published: Mar 20, 2013. denied, 454 U.S. 894, 102 S. Ct. 390, 70 L. Ed. In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. 1101(d) (3); and Fed. [37] These statements were taken in open Court, at the time that Cruz and Soto were arraigned on charges filed against them by the Republic of Mexico and based upon the statements given to the public prosecutor. 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 . 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. [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. 1997). Hodoyan was taken into custody for carrying an AK-47 and some marijuana. Respondent's reliance upon Article 11, Paragraph 3, is misplaced. You already receive all suggested Justia Opinion Summary Newsletters. Connect with the definitive source for global and local news. denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. The 33-year-old Mexican . EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . 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. He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. 2d 455 (1972). Under Article 10(7) of the Treaty, the probable cause determination is to be made in accordance with the laws of requested party (here, the United States). EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. 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. The extradition request and supporting documents are admitted into evidence during the hearing and the post hearing submissions are properly authenticated or otherwise admissible within the discretion of the Court. The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. Support for its origin is suggested from a New York Times article[40]. 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. 2d 208. 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. Netflix lanz la ltima temporada de Narcos: Mxico, donde adems de los personajes que ya conocemos, hay UNA sorpresa: Bad Bunny. [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. Soto recounted another incident in March, 1995, during which he was told by members of the AFO that Valdez and others participated in the assassination of a man named "Endir" who was the cousin of Manolo Rico. Background. I Background. Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. The suggestion of torture is certainly present in the record. 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. one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. 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 . Nobody threatens my brother because the moron who does it, dies.". An extradition hearing is not a criminal proceeding and the person whose return is sought is not entitled to the rights available in a criminal trial at common law. 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. 18 U.S.C. There is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. 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. 777(N.D.Cal.1985). Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. Under United States law, (i.e., California Penal Code 187-199) murder is unlawful and similarly defined. [30] Respondent's Exhibits H, I and J, respectively, docket No. [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). Another Mexican, questioned by prosecutors while in the intensive care unit of a San Diego hospital, said the hit on the 50-year-old Ibarra was planned carefully by Arellano organization members. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. The Ninth Circuit has labeled the above statement from Gallina as speculation. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. The others in the navy blue Cutlass also left the Holiday Inn and caught up with the white Volkswagen at the village of San Mateo Atenco. Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. 563, 572 *1219 (S.D.N.Y. October 21, 1996. The environment where the deposition was taken is not suggestive of any coercive circumstances. 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. Lastly, there is no authority that requires a magistrate judge to compel disclosure of explanatory information. [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". Cruz testified based upon his personal acquaintance with the individuals named in the statement, and his participation in various events and circumstances, as well as conversations, with the individuals involved. 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. Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. [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. In Matter of Extradition of Lui Kin-Hong,939 F. Supp. ``When they want to do a job _ when they want to bring down the hammer _ they can do it with brilliance and genius, Lupsha said. Recanting statements are relevant in these proceedings as they affect probable cause. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. We will gather for a memorial service and viewing at 6:00 p.m. Friday, September 6, 2019 followed by a visitation at Lake Ridge Chapel and Memorial Designers. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). It was not until October 2, 1996 that Soto described the alleged torture to the judge in Mexico. There is no prohibition against hearsay in the extradition context because the Federal Rules of Evidence, which proscribe hearsay, do not apply to extradition. The Treaty between the United States and Mexico calls for probable cause to be measured by the standards established in the requesting country. [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 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. 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. In the final analysis, this Court is required to look at the indicia of reliability with regard to the persuasiveness of this evidence. 1996) on CaseMine. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge 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. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. Id. 33) which is similarly denied for the reasons stated. 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. Republic of France v. Moghadam,617 F. Supp. In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. The contours of the extradition proceeding were shaped by the Treaty and statute. 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. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. This resulted in the arrest of Valdez on September 30, 1996. Tambin se encontraban en este grupo 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. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. 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. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. *291 Michael Pancer, Law Office of Michael Pancer, San Diego, CA, for Emilio Valdez Mainero. Hearsay evidence is admissible on behalf of the Respondent to establish the "obliteration" of probable cause. Soto extensively describes other, numerous criminal activities of the AFO. 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. Ante una posible enfermedad terminal, Benjamn Arellano Flix pretende obtener una liberacin humanitaria, y no pagar la pena de 25 aos de prisin en Estados Unidos. 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. 3190. 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. Finally, he contests the date of arrest. Collins v. Loisel,259 U.S. 309, 316, 42 S. Ct. 469, 66 L. Ed. Emilio Ricardo Valds Mainero, (a) "Len" o "Ricardo Gonzlez Len", detenido el 30 de septiembre de 1996, en San Diego, California, por posesin ilegal de armas y de estupefacientes. 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. emilio valdez mainero. Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980). The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). Mexico does acknowledge that there is an investigation ongoing concerning the actions of General Rebollo and his associates, and that the investigations include the "possible" unlawful detention of suspects. In Matter of Extradition of Pazienza,619 F. Supp. Ultimately, the United States sought to stay the proceedings for an additional ninety (90) day period. At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. [13] The documents themselves do not have to filed in court by the 60 day period, only received by the United States. 18 U.S.C. 937 (D.Vt.1991); Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). 5.1 is without authority and is unavailable in any event under prevailing authority. As indicated previously, the extradition hearing is not a trial, nor a criminal proceeding providing respondent with rights available in a criminal trial at common law. 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. De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . Respondent's request for discovery is denied. Whitepages people search is the most trusted directory. There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. 777 (N.D.Cal.1985). EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . *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. Gill v. Imundi,747 F. Supp. 1136 (1916). [29] Respondents request for discovery of all evidence of discussions with Alejandro Hodoyan is denied on the basis of the authority set forth in footnote 26, except to the extent that this information was produced in response to the Court's order of September 11, 1997 (see footnote 6). A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. 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. Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. There, Valdez told the group, "`The Baby' paid me off. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. emilio valdez mainerospiral pattern printing in c. phillies front office salaries (3) Fausto Soto Miller. Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. Miranda details numerous other criminal activities in which Valdez and others in the AFO were involved, including the assassination of Larios Guzman, the July 1994 assassination of multiple military officers, the kidnaping and murder of a person with the last name Margain, and the kidnaping of a man with the last name Baloyan. This assertion relates specifically to the supplemental filing of evidence regarding the first degree murder charge on January 14, 1997 and the weapons charge related to the events and circumstances of April 9, 1996. The contours do not lend themselves, nor invite the type of inquiry required to evaluate the humanitarian concerns of the magnitude suggested by Respondent. 956 (1922). 0. Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. (2) Gustavo Miranda Santacruz. 3188 for a similar proposition. 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. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. 44). 577 (1901). 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. 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. 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. 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. Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). "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 met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. *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. The . The complaint . mayo 9, 2022. 2d 74 (1960), as the case that establishes the possibility of a "humanitarian exception" based on the "federal court's sense of decency." [13] The diplomatic note related to the initial firearms charge[14] and the criminal association charge. 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. Peter Lupsha, an expert on drug trafficking and former professor at University of New Mexico, said this case suggests that a corrupt Mexican government thwarted previous drug investigations. In fact, in the statement to the district judge on October 2, 1996, Mr. Soto indicates that he has no physical defects. In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. November 4, 1997. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. 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. [42] The response from Mexico indicates that closed proceedings related to General Rebollo are ongoing in Mexico and that Ruiz is a witness therein. 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. MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. (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. Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). The two cars stopped in the village of San Mateo Atenco. 1992); Fed.R.Evid. The authority of a magistrate judge to conduct the proceedings is provided by 18 U.S.C. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). The witnesses all identify Respondent as the perpetrator in these regards. 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. 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.