EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. 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. The record is overwhelming with eyewitness testimony,[20] autopsies and physical evidence from the scene to establish these facts. The entire record supports the finding that probable cause exists with regard to homicide charges. MATTER OF EXTRADITION OF MAINERO - leagle.com 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. 2d 74 (1960), as the case that establishes the possibility of a "humanitarian exception" based on the "federal court's sense of decency." EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Respondent asserts that Soto lost an eye as a result of the torture used by Mexico to extract his statement[39]. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. Por Investigaciones ZETA. 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 analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. These issues were analyzed under that premise. 18 U.S.C. 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. (4) Alejandro Enrique Hodoyan Palacios In his November 30, 1996 deposition, Alejandro not only discussed the murder of Gallardo and Sanchez, but he also discussed other criminal activity involving the AFO and including the activities of Respondent Valdez. 96-1798-M. United States District Court, S.D. Matter of Extradition of Koskotas, 127 F.R.D. Tras 20 aos en prisn "El Lobo" Hodoyn del Crtel Arellano Flix 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. The . 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. The Ninth Circuit has labeled the above statement from Gallina as speculation. 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. *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. Anecdotes from the AFO (Ramon and Benjamin). I may have the - reddit Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. 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. 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. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. 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). There is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. Whitepages people search is the most trusted directory. A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. The Republic of Mexico seeks to extradite Valdez to answer the following charges: (1) Carrying a firearm exclusive to the Army, Navy and Air Force on or about April 9, 1996 in violation of Article 83, Section II, in accordance with Article 11, Section (b), of the Federal Law of Mexico on Weapons and Explosives;[10]. The extradition proceeding is not a criminal trial nor is Respondent entitled to the rights available in a criminal trial at common law. 96-1798-M. United States District Court, S.D. "The Secretary of State has sole discretion to refuse extradition on humanitarian grounds because of the procedures or treatment that await the surrendered fugitive." 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. 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 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. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. 534 (1902). Respondent also cites Title 18 U.S.C. 24). Id. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". 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. El Cocinero confesses about FBI Top Ten Most Wanted's Arellano Felix Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. 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. 1136 (1916); McNamara v. Henkel,226 U.S. 520, 33 S. Ct. 146, 57 L. Ed. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . 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. 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. Barrett v. United States, 590 F.2d 624 (6th Cir. The Federal Rules of Criminal Procedure and the Federal Rules of Evidence are not applicable in extradition proceedings. "EL Lobo"Hodoyan of the CAF gains his freedom - Borderland Beat The murder and conspiracy offenses, above described, survive the Respondent's challenge. There is no evidence to suggest that the United States no longer honors the treaty or that its purpose and intent are no longer served. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 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. In re Sindona,450 F. Supp. Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. Pursuant to an extradition treaty between Mexico and the United States, Treaty 31 UST 5059, TIAS 9656 ("Treaty"), and under federal laws supplementing and implementing such treaties, 18 U.S.C. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). 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. (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). The Ninth Circuit has held that self incriminating statements of accomplices are sufficient to establish probable cause in an extradition hearing. (7) Evidence which, in accordance with the laws of the requested party, would justify the apprehension and commitment for the trial of the person sought if the offense had been committed there, (i.e., probable cause). No case authority is offered on this issue. 124 F.3d 1186, 1997 WL 624797 (9th Cir.). [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. The proper authority for the political decision here is, of course, the Secretary of State. You're all set! EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . Matter of Extradition of Mainero, No. 96MG1798 (AJB). This element was not challenged by the Respondent. This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. The Ninth Circuit held that "[t]his contention lacks merit because under general extradition of the United States and under the provisions of Treaty, the hearsay statements Keller summarized in his affidavit are competent evidence." 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. [4] As presented, the documentary evidence in this regard appears to supplement, not supersede, the previous filings of certified documents in support of the request for extradition. Caso Blancornelas - activoforo.com E. Alejandro Enrique Hodoyan Palacios On November 30, 1996, Alejandro Enrique Hodoyan Palacios (hereinafter "Alejandro") gave a deposition at the office of the Attorney General of the United States of Mexico. 18 U.S.C. emilio valdez mainerospiral pattern printing in c. phillies front office salaries 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. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 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. The power to make treaties is constitutionally invested in the executive branch of the United States government. Magistrate No. Fed.R.Evid. United States v. Valdez-Mainero. Bingham v. Bradley,241 U.S. 511, 517, 36 S. Ct. 634, 60 L. Ed. 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 . It is argued that Vasquez suffered similar mistreatment at the hands of the Mexican authorities and had recanted the statement attributed to him in Mexico's case in chief. Opinion for Matter of Extradition of Mainero, 950 F. Supp. 253 (1910); Rice v. Ames,180 U.S. 371, 21 S. Ct. 406, 45 L. Ed. This document is submitted to be from the files in the prosecution of General Gutierrez Rebollo, by the Republic of Mexico, in Mexico. Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. 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. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. *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. As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. Valdezs attorney said some of the statements were extracted under torture. 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. 1992); Fed.R.Evid. Specifically, Respondent sought "all witness statements submitted in General Gutierrez Rebollo's case to determine whether or not there is additional relevant testimony." Republic of France v. Moghadam,617 F. Supp. [42] The response from Mexico indicates that closed proceedings related to General Rebollo are ongoing in Mexico and that Ruiz is a witness therein. According to testimony given to . Two Mexican men to be extradited for drug-related murders 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. Valdez also faces charges of arranging the sale of a kilogram of heroin to a fellow inmate through friends outside prison. Seeing no one in pursuit, Cruz followed the white Volkswagen in the navy blue Cutlass. Respondent's request for discovery is denied. Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. [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 - polucon.com Soto acknowledges having signed the statement as well as affixing his fingerprints. 1462, 1469 (S.D.Tex.1992). The . In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. Mar. The notes are identified by Augustin Hodoyan, Alejandro's brother. ``Take out your AK-47, and you are going to (expletive) him right now.. 1462, 1469 (S.D.Tex.1992). On the other hand, the formal statements of Soto and Cruz have significant detail concerning the personal background of the witnesses and the specifics of the offenses and related matters. at 952. Mr. Valdez was referred to as "El Cabezon", "C.P. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. Los narcos asesinan, se ren y despus se van a cenar Miranda added that the motivation for assassination was that Gallardo had threatened Gabriel Valdez Mainero (Emilio Valdez Mainero's brother) with a firearm.[26]. Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. Appellant appealed the habeas corpus denial to the Second Circuit. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. Mexico also argued that the document was not certified as required by the treaty and would be presumptively inadmissable. Citations Copy Citation. 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.