Gill v. Imundi,747 F. Supp. Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. The "recantations" from Cruz and Soto are in the form of testimony before a judge of the First District of Federal Criminal Proceedings in the State of Mexico. BATTAGLIA, United States Magistrate Judge. Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. 13, 22 (D.Mass.1989). The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. The credible evidence, satisfies Mexico's burden in this respect[44]. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. 937 (D.Vt.1991); Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). El recordado criminal perteneca a los Narcojuniors, una clula del crtel de Tijuana que sale a relucir en la nueva temporada de la serie de Netflix. (5) Gilberto Vasquez Culebro. Mexico also takes the position that the statement is inaccurate and not properly certified or executed. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. 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. Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. 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. The proper authority for the political decision here is, of course, the Secretary of State. Miranda was granted "use immunity" for giving the statement. No precise authority is offered in regard to this premise. 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. In Zanazanian, the Ninth Circuit held that police reports which summarize the statements of witnesses are competent evidence, *1227 even though the same documents would be inadmissible hearsay in other contexts. Respondent also cites Title 18 U.S.C. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. Support for its origin is suggested from a New York Times article[40]. Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. 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. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). Id. This finding could be based upon the testimony of Miranda and Alejandro, alone. 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. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. If reliable, the recantations and the Ruiz statement would be evidence which would undermine the voluntariness of the statements offered by Mexico in their case in chief, and as a result, the evidence in support of probable cause for extradition. 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. Miranda declared that Valdez and Martinez committed the murder of Gallardo. [13] The diplomatic note related to the initial firearms charge[14] and the criminal association charge. 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. Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . [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". Peryea v. United States,782 F. Supp. [5] This Declaration is filed in Case No. 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. 526/2019. 1996) on CaseMine. 970 (1925); the probable cause is sustained if competent evidence to establish reasonable grounds is presented, not necessarily evidence competent to convict. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . Date published: Mar 20, 2013. 39); and, SUPPLEMENTAL ORDER DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 12, 1997 (Docket No. [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. Nobody threatens my brother because the moron who does it, dies."[12]. But the deal fell apart when the other inmate couldn't pay the promised . The court, for reasons explained below, grants the petition, finding the detainee extraditable. He also stated that it was Valdez who assigned him the code name "F7". [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. No. Lastly, there is no authority that requires a magistrate judge to compel disclosure of explanatory information. Mexico also cites the medical examination of Soto following the September 27, 1996 statements concluding that there were no traces of any recent physical wounds. The long list of challenges to the probable cause finding in Mexico and the other alleged infirmities are not fully set forth herein as the Court finds the opinions of Attorney Gastelum are irrelevant to these proceedings. 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. (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. The personal notes and translation were offered to corroborate the declaration and the explanatory evidence with regard to Alejandro's testimony. 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. Ultimately, the United States sought to stay the proceedings for an additional ninety (90) day period. In the Matter of Extradition of Contreras,800 F. Supp. 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. United States District Court, S.D. 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. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. 2d 74 (1960), as the case that establishes the possibility of a "humanitarian exception" based on the "federal court's sense of decency." Background. 44). The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. 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. This document is submitted to be from the files in the prosecution of General Gutierrez Rebollo, by the Republic of Mexico, in Mexico. [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. When the two cars arrived at the Holiday Inn in Toluca, Valdez got out of the white Volkswagen and told Contreras, "Be, cautious, wait for me here and when you see us going out from the parking lot in the white Volkswagen, you should form a `wall' so that we cannot be followed.". EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. No case authority is offered in this regard. 1971), cert. 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. [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. The filing of certified documents permitted Mexico to go forward with the extradition proceeding under the Treaty. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, p. 55, lines 17, et seq., Docket No. 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. The statement is a summary of what Alejandro described to his family and includes information related to meeting General Gutierrez Rebollo as well as contact with DEA and FBI agents who pressured him to sign a confession in exchange for removal from Mexico and protection thereafter. Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. 25. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. 568 (S.D.N.Y.1979). 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 Mainero met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. There, Valdez told the group, "`The Baby' paid me off. 1280 (D.Mass.1997) but reversed on appeal. 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. 577 (1901). [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 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. When arrested, Gallardo said that the marijuana belonged to Benjamin Arellano Felix, which caused the issuance of an arrest warrant for Benjamin Arellano Felix. Valdezs attorney said some of the statements were extracted under torture. Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. 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. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. 3184. 28). 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. 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. [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. Finally, he contests the date of arrest. 18 U.S.C. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 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. 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. 54(b) (5). Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. As a result, the Court finds Treaty compliance in this respect and denies Respondent's request for release on this basis. 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. 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. The record is overwhelming with eyewitness testimony,[20] autopsies and physical evidence from the scene to establish these facts. An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. Magistrate No. 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.
Can A Pitbull Kill A Raccoon, Articles E