emilio valdez mainero

El Cocinero confesses about FBI Top Ten Most Wanted's Arellano Felix 124 F.3d 1186, 1997 WL 624797 (9th Cir.). "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. Under 18 U.S.C. Mexico Wins Extradition of Two Defendants From U.S. for Drug-Killing 777 (N.D.Cal.1985). 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. [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). Valdez shot and killed Gallardo as well as Sanchez who happened to be in the corridor at the time of Gallardo's murder. The Court is not required to decide guilt or innocence, but only determines whether there is competent legal evidence to justify holding the accused for trial in the charging country. 33) which is similarly denied for the reasons stated. 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 . Extradition case gives look at vicious cocaine group (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. Get free access to the complete judgment in MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. 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. [30] These statements challenge the "motive" for the Gallardo murder as stated by Cruz and Miranda. A great number of questions exist, and many questions remain unanswered in this case. 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. Only the criminal association (conspiracy) and murder charges satisfy the dual criminality requirement for extradition. [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. 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). 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. Two Mexican men to be extradited for drug-related murders 896 (S.D.Cal.1993). This element was not challenged by the Respondent. Specifically, the Court ordered the United States to file copies of videotapes of Alejandro Hodoyan's deposition; evidence including Respondent's statements regarding the circumstances surrounding the 1997 abduction of Alejandro Hodoyan and the genesis of the March 3, 1997 declaration by Alejandro Hodoyan;[5] and, all statements, recordings, transcriptions and memoranda of interviews by the assistant U.S. Attorney and federal agents of Alejandro Hodoyan. Miranda also identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74. 1462, 1464 (S.D.Tex. [21] The real issue in this proceeding is whether or not there is probable cause to establish that Respondent was one of the perpetrators. If the Court determines that all the requisite elements have been met, the findings are incorporated into a certificate of extraditability. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. Appellant then filed a writ of habeas corpus with the district court. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. From Pampered Sons To Hit Men? - The Seattle Times Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. Otro de los reclutados fue Alfredo Hodoyan Palacios, quien era hijo de un empresario prominente en Tijuana. 1462, 1469 (S.D.Tex.1992). The Secretary of State makes the ultimate decision on whether to surrender the Respondent. The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. Magistrate No. 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. In Matter of Extradition of Lui Kin-Hong,939 F. Supp. at 77, 78. The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. 1136 (1916). 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. Anecdotes from the AFO (Ramon and Benjamin). I may have the - reddit 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. 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. Through observation and discussion, he became privy to the knowledge set forth. Background. While 3188 requires the United States to deliver a person committed for extradition to a foreign government within two months, that provision has no application to the proceedings in this case, at this stage, as commitment does not occur prior to the certification of the Respondent's extraditability by the Court. 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. Chapo Guzman gave marijuana to Gallardo so that he could move it into the United States, but afterwards, Chapo Guzman sent the Federal Police after him. 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. 956 (1922), In re Locatelli,468 F. Supp. Matter of Extradition of Mainero, No. 96MG1798 (AJB). *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. Valdez "hires young assassins who belong to Tijuana's upper class," according to the statement by Francisco Molina Ruiz, commissioner of Mexico's National Institute for the Combat of . 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. 20, 2013) From Casetext: Smarter Legal Research. 13, 22 (D.Mass.1989). It is also notable, that the sum total of the evidence showed Alejandro's Declaration regarding torture and abuse to be contrived in its derivation. 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. The extradition proceeding is not a criminal trial nor is Respondent entitled to the rights available in a criminal trial at common law. [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. 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. 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. Emilio Valdez Mainero met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. Netflix lanz la ltima temporada de Narcos: Mxico, donde adems de los personajes que ya conocemos, hay UNA sorpresa: Bad Bunny. Respondent also argues that Alejandro was abducted in the Spring of 1997 by representatives of Mexico which corroborates Mexico's alleged use of inappropriate force and means to secure evidence in this case. Negocia "El Caballo" inmunidad con EU - Periodico El Vigia 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. The court has jurisdiction over the Respondents if they are before the court. 1996) on CaseMine. Ultimately, the United States sought to stay the proceedings for an additional ninety (90) day period. Tras 20 aos en prisn "El Lobo" Hodoyn del Crtel Arellano Flix The limitations of the judicial review at this stage of the proceedings, however, should not be an excuse to admit evidence presented without apparent foundation or any independent indicia of trustworthiness. 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. *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. 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. 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 Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. In the final analysis, this Court is required to look at the indicia of reliability with regard to the persuasiveness of this evidence. "Lobo" Hodoyn obtiene libertad - Semanario ZETA Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. Valdez moved the Court for release under the special circumstances doctrine. Respondent does not dispute that the Treaty requirements have been met with regard to these items with three exceptions. EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. 23. United States District Court, S.D. These issues were analyzed under that premise. In re Sindona,450 F. Supp. Otros de los jvenes reclutados tambin fueron personificados en Narcos Mxico 3, por ejemplo Emilio Valdez Mainero, hijo de un guardia presidencial, quien conoci a Ramn Arellano en una . Soto also explains the details of the alleged abuse visited upon him. He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. 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. You can explore additional available newsletters here. BATTAGLIA, District Judge. 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. 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. In the Matter of the Extradition of Contreras,800 F. Supp. [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. Respondent also offers, as evidence to defeat probable cause, recantations by Cruz and Soto relative to the earlier statements[36]. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 1971), cert. At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. The court denied the writ. 672, 685 (S.D.N.Y.1978), aff'd, 619 F.2d 167 (2d Cir.1980), citing Collins, supra, 259 U.S. at 316. 39); and, SUPPLEMENTAL ORDER DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 12, 1997 (Docket No. No case authority is offered in this regard. Under *1216 United States law, the standard of probable cause is whether there is any evidence warranting the finding that there was reasonable ground to believe the accused guilty. Based on the above evidence, this Court finds that there is probable cause to believe that Valdez committed the crime of criminal conspiracy as alleged in the extradition request. 956 (1922). Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. 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. Treaties, by design, live well beyond the administration involved in their enactment. Columna. QUIERE LIBERTAD, DEBE VIDAS. See footnote 25. 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. 44). No precise authority is offered in regard to this premise. 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. 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. Extradition of Mainero, Matter of, 990 F. Supp. 1208 - Casetext Valdez was ordered detained following arraignment. The charge related to the 1994 event has been abandoned. [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. Argument, inference and innuendo is all that has really been presented here. 18 U.S.C. 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. Cruz also said he transported weapons used in Ibarras slaying. As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge [41] All of these individuals are described as "prisoners" in the statement. emilio valdez mainero - polucon.com (2) Gustavo Miranda Santacruz. Hodoyan haba estudiado en una . ``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. 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. Este es el miembro del Crtel Tijuana que interpreta Bad Bunny en On October 22, 1997, the Court issued an Order directing the United States Attorney to produce photographic evidence referenced in witness statements and related to the issue of the identity of Respondent. 777(N.D.Cal.1985). [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. Under Article 10 of the Treaty, the request for extradition is required to contain the description of the offense for which extradition is requested and shall be accompanied by: (1) A statement of the facts of the case; (2) The text of the legal provisions describing the essential elements of the offense; (3) The text of the legal provisions describing the punishment for the offense; (4) The text of the legal provisions relating to the time limit on the prosecution of the offense; and. 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. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. 'Narcos: Mxico 3' reparto: Quin es 'Kitty' Pez? Historia - RPP California. He later was charged with several murders, including Ibarras. R.Crim.P. 990 F.Supp. 1208 (S.D.Cal. 1997), 96MG1798, Extradition of Mainero Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980). In Gallina, commissioner found the appellant subject to the extradition in Italy. Quines son los narcojuniors en los que est basada la historia . Emilio Ricardo Valdez Mainero Exp: 526/2019 - PoderJudicialVirtual.com The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. 1462, 1469 (S.D.Tex.1992). He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). A full review of the evidence, however, is the provence of the trial court in the requesting nation. [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. The others drove in a white Volkswagen. 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. The Department of Justice shall prepare a certification consistent with this memorandum as required by 18 U.S.C. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. 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. In re Petition of France for Extradition of Sauvage,819 F. Supp. Tambin as reclutaron a Alfredo Hodoyan Palacios, hijo de un empresario de Tijuana, quien comenz a pasar droga sin levantar sospechas pues era . Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. No. The date of production for the photographic evidence was set for November 5, 1997[9] and later extended with properly authenticated and certified originals being filed on December 1, 1997. 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 law limits extradition to circumstances where the Treaty is in full force and effect. (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. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. 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. 40). Lastly, there is no authority that requires a magistrate judge to compel disclosure of explanatory information. The Courts have chosen to defer questions regarding the procedures or treatment that might await an individual on extradition to the executive branch because of its exclusive power to conduct foreign affairs. 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.". The two perpetrators escaped in a white Volkswagen. [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). Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. 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]. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. Cartel Suspect Admits Plotting Cocaine Deal - Los Angeles Times Respondent's reliance upon Article 11, Paragraph 3, is misplaced. Caso Blancornelas - activoforo.com 5.1 is without authority and is unavailable in any event under prevailing authority. The contours do not lend themselves, nor invite the type of inquiry required to evaluate the humanitarian concerns of the magnitude suggested by Respondent. Defense counsel was provided for Mr. Cruz. The recantations are little more than self-serving declarations at the time of "arraignment" on the charges based upon the statements given to the federal prosecutor. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . Appellant asked the Court of Appeals to stop his extradition because he had been convicted in absentia in Italy and, therefore, would be imprisoned without trial, be unable to confront his accusers and would not be able to conduct a defense. "The rationale is that such matters are to be determined solely by the executive branch." 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. Si te preguntas quines son en la vida real los llamados narcojuniors de Narcos Mxico, serie de Netflix, se trata de al menos tres de los jvenes de familias acomodadas en Tijuana, Baja California, que se involucraron en temas de drogas y en especial con el Crtel de los Arellano Flix.Entre ellos, El Kitty Arturo Everardo Pez y los hermanos Hodoyan. Los narcojuniors reales de Tijuana. By Molly Moore. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Mexico), they could have easily added that provision. Since the evidence was undisputed it is not detailed extensively herein. 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. emilio valdez mainero. 2d 455 (1972). Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. *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. Soto extensively describes other, numerous criminal activities of the AFO. The Ninth Circuit has labeled the above statement from Gallina as speculation. 029n1est - La Jornada A review of the evidence submitted in support of those charges meets the requirements regarding identity and probable cause sufficient to fulfill the fifth extradition requirement. 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. [38] These are the same statements offered in this matter to support the request for extradition. No mention of torture or physical abuse is made. I Background *1220 At approximately 9:30 p.m., Cruz, who was about twenty meters away from the entrance of the Holiday Inn heard several firearms shots. Cruz describes his mistreatment and torture at the hands of the Mexican authorities. Appellant appealed the habeas corpus denial to the Second Circuit. The . R.Crim.P. *1226 In the final analysis, the Ruiz declaration is inadmissible given the lack of authenticity, certification or reliability and does little to support the recantations of Soto and Cruz. Emilio Valdez passed away Saturday, August 31, 2019. The entire record supports the finding that probable cause exists with regard to homicide charges. 1978). [9] See ORDER DIRECTING THE FILING OF ADDITIONAL EVIDENCE filed October 23, 1997 (Docket No.