emilio valdez mainero

Matter of Extradition of Koskotas, 127 F.R.D. 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. 896 (S.D.Cal.1993). An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. Evidence that conflicts with that submitted on behalf of the demanding party is not permitted, nor is impeachment of the credibility of the demanding country's witnesses. *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. 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. 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. The proper authority for the political decision here is, of course, the Secretary of State. According to testimony given to . 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Under 18 U.S.C. 2d 74 (1960), as the case that establishes the possibility of a "humanitarian exception" based on the "federal court's sense of decency." (2) Gustavo Miranda Santacruz. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . R.Crim.P. (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). [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. Informacin de El Universal. Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. (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 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. 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. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. Finally, he contests the date of arrest. No charges have been filed against Anaya, and he denies the allegations. [30] Respondent's Exhibits H, I and J, respectively, docket No. is indoor ice skating safe during covid; most common super bowl final scores; lynette woodard spouse; reelfoot lake fishing guides; emilio valdez mainero. Fabin Martnez remplaz en el cargo a Emilio Valdez Mainero, El CP, y adems compadre de Ramn Arellano Flix, luego que aqul fue arrestado en 1996 en San Diego, California, y condenado a 30 aos de prisin por delitos relacionados con trfico de cocana y herona hacia Estados Unidos. As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. En 1995, su reinado lleg a su fin. 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. 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). denied, 454 U.S. 894, 102 S. Ct. 390, 70 L. Ed. As earlier stated, the circumstances of Alejandro's testimony are not suggestive of torture, coercion or duress. When he appeared in court, the judge also noted, on the record, residual signs of physical injury. As to item 7, the sufficiency of the evidence, Respondent contends that the probable cause element has not been met and, therefore, there is no justification for his apprehension and commitment for extradition to Mexico. 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. There is no prohibition against hearsay in the extradition context because the Federal Rules of Evidence, which proscribe hearsay, do not apply to extradition. [27] Soto actually made a series of statements relative to this matter. 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. In support of its extradition request on the charge of criminal conspiracy, Mexico has provided, among other things, the following sworn, certified and authenticated witness statements which detail Valdez' membership and participation in the Arellano Felix drug trafficking organization: (1) Gerardo Cruz Pacheco aka "Capitan". See footnote 25. Valdez moved the Court for release under the special circumstances doctrine. The Second Circuit affirmed the denial of the habeas corpus petition. 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. Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. 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. [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. This evidence is clearly contradictory and inadmissible under Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. The videotapes clearly demonstrate Alejandro's demeanor. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". His body was found in Osmun Lake in Pontiac on June 7, 2018 but no arrests were made until April 8 of this year. Twenty-eight days after he took office, Ibarra, along with two government agents and a taxi driver, was gunned down in a cab outside Mexico Citys airport. 96-1798-M. United States District Court, S.D. Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . [32] Respondent also argues that the statements of Francisco Cabrera Castro and Edgar Alejandro Gonzalez Gonzalez offered by Mexico were also "extracted" by torture. In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. 2d 455 (1972). Magistrate No. 956 (1922), In re Locatelli,468 F. Supp. [15] The Treaty, in Article 11, and 18 U.S.C. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. The witnesses go on to attribute a number of other incidents based upon their personal knowledge occurring since 1994 which are competent for a finding of probable cause on this charge as well. Probable cause exists to believe that the Respondent committed the offenses of homicide and criminal conspiracy as charged against him in Mexico. Soto also explains the details of the alleged abuse visited upon him. The Department of Justice shall prepare a certification consistent with this memorandum as required by 18 U.S.C. No precise authority is offered in regard to this premise. No case authority is offered on this issue. Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. 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. Article 11, Paragraph 3, provides that the provisional arrest "shall be terminated" if the United States does not receive the formal request for extradition and the necessary documents specified in Article 10 within 60 days after the detainee's apprehension. [5] This Declaration is filed in Case No. He declared that, in May, 1992, Ramon Arellano-Felix and Valdez killed rival drug traffickers, the Olmos brothers, and that Valdez told him and other members of the AFO that Valdez would pay $150,000 to them if they took the blame for the Olmos murders. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. 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. ``Take out your AK-47, and you are going to (expletive) him right now.. An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . Miranda also stated that in 1992, Valdez was in charge of cocaine trafficking, and that later, Valdez trafficked in 200 to 400 kilogram shipments of marijuana for the AFO. 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 . 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. 956 (1922). Defense counsel was provided for Mr. Cruz. Id. ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. 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. Appellant appealed the habeas corpus denial to the Second Circuit. Appellant then filed a writ of habeas corpus with the district court. Specifically, their testimony is summarized as follows: A. Gerardo Cruz Pacheco, aka "Capitan," On October 12, 1996 at 1:00 p.m.,[23] Gerardo Cruz Pacheco, aka "Capitan," (hereinafter "Cruz"), made a signed statement before Alma Leticia Lares Tenorio, an agent of the Mexican Federal Public Prosecutor. 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. (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. Miranda also declared that Valdez had told him he and Fabian Reyes Partida, aka "Domingo", (hereinafter Reyes) had assassinated Jesus Romero Magana because he was investigating Valdez' criminal activity. 371. 568 (S.D.N.Y.1979). Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. This is defined as an individual who is a member of a group or gang of three or more persons whose purpose is to carry out criminal activity (Article 164). No mention of torture or physical abuse is made. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. 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. Quines eran los narcojuniors reales de Tijuana? No. 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. Demandado: Emilio Ricardo Valdez Mainero. The certified documents included diplomatic note 001831 dated November 25, 1996 from the Embassy of Mexico formally requesting the extradition of Respondent on the firearms and conspiracy charges. 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. 5.1 is without authority and is unavailable in any event under prevailing authority. at 952. 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. Gill v. Imundi,747 F. Supp. The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. [42] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION (Docket No. 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 indicia of reliability is in favor of the formal statements given to the Mexican authorities by Soto and Cruz and not their in court "recantations." If the Court determines that all the requisite elements have been met, the findings are incorporated into a certificate of extraditability. 44). If the drafters of the Treaty had intended the judicial officer to consider the admissibility and weight of the evidence under the law of the requesting party (i.e. 1989), cert. The documents were filed by Mexican authorities seeking extradition of two men -- Emilio Valdez Mainero, 32, and Alfredo Hodayan Palacios, 25 -- alleged to be hit men for the Arellano Felix brothers. 956 (1922). They are: (1) Ministerial Statement of September 27, 1996, at 1140 a.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor, in Guadalajara, Mexico; (2) Additional Ministerial Statement of September 27, 1996, at 6:30 p.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor, in Guadalajara, Mexico; (3) Additional Statement of September 30, 1996, at 9:00 p.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor in Mexico City, Mexico; and. When arrested, Gallardo said that the marijuana belonged to Benjamin Arellano Felix, which caused the issuance of an arrest warrant for Benjamin Arellano Felix. Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. Support for the reliability of Soto's "recantation" (and by inference the other recantations) is offered by Respondent in an unsigned and uncertified declaration of First Seargent Vicente Ruiz Martinez, submitted on June 30, 1997 at the extradition hearing. 3184. at 1450-1451. BATTAGLIA, District Judge. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). The court denied the writ. [37] Respondent criticizes Mexico for not filing this set of documents. According to testimony given to Mexican authorities, the Arellanos _ led by brothers Benjamin, Ramon, Javier and Francisco _ have been able to coordinate major assassinations with the aid of the attorney general of Baja California, Jose Luis Anaya Bautista. 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. 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. 956 (1922). "The rationale is that such matters are to be determined solely by the executive branch." 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. Collins v. Loisel,259 U.S. 309, 316, 42 S. Ct. 469, 66 L. Ed. 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. Id. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 12). These questions cannot be answered within the narrow confines of an extradition proceeding and would be most properly addressed by the Secretary of State and/or the Court in Mexico on a trial on the merits. Defense counsel was provided for Mr. Soto for purposes of his testimony. 290 (S.D.Cal.1996). 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 . Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. The testimony of Miranda, taken by Assistant United States Attorney Curiel, corroborates the substance of the evidence collected at the *1228 scene and statements by non-involved witnesses. 1462, 1469 (S.D.Tex.1992). Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. 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. [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. mayo 9, 2022. 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. 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. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). 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. These statements are also corroborated in significant part by Alejandro's declaration. [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". Challenges to the testimony of Cruz, Soto, Vasquez, Miranda and Alejandro based upon the argument that they are conclusory, unreliable hearsay, and unreliable as presented by alleged codefendants or co-conspirators are rejected. Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). The Court finds that the videotapes do show a cooperating witness. United States v. Kin-Hong, 110 F.3d 103 (1st Cir. Los narcojuniors reales de Tijuana. 1978). Respondent's role is alleged to have included, among other things, the planning and carrying out of assassinations of people perceived to be enemies of the AFO, including rival drug traffickers and law enforcement officials. They are: (1) The Statement of October 12, 1996 at 1:00 a.m. in Mexico City; and. 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. October 21, 1996. Id. Mexican officials wanted Valdez, 32, for allegedly gunning down an aspiring boxer over a personal grudge in 1996 at a Holiday Inn in the state of Mexico. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. 33) which is similarly denied for the reasons stated. Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. 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. This resulted in the arrest of Valdez on September 30, 1996. (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). Bingham v. Bradley,241 U.S. 511, 36 S. Ct. 634, 60 L. Ed. 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. [13] The documents themselves do not have to filed in court by the 60 day period, only received by the United States. 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. A great number of questions exist, and many questions remain unanswered in this case. In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. The witnesses all identify Respondent as the perpetrator in these regards. 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. emilio valdez mainero. As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. Each "recantation" is essentially a denial of the former statement(s) in their entirety and an allegation of torture and abuse at the hands of the Mexican authorities. 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. 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. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. 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. 448 (1901); Simmons v. Braun, 627 F.2d 635 (2d Cir.1980); Charlton v. Kelly,229 U.S. 447, 461, 33 S. Ct. 945, 57 L. Ed. Valdez also faces charges of arranging the sale of a kilogram of heroin to a fellow inmate through friends outside prison. 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. In the absence of legal authority to support the court's ability to find the treaty invalid for changed circumstances or that the purpose and intent of the parties in this instance is materially different, Respondent's position in this regard is rejected. This finding could be based upon the testimony of Miranda and Alejandro, alone. Soto acknowledges having signed the statement as well as affixing his fingerprints. BATTAGLIA, District Judge. [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. Martinez told Cruz that he would receive some money if Cruz would hold the 38 Super and the 9mm guns that they had used to kill Gallardo and Sanchez. In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. giovanni agnelli producer net worth, boulevard brewing hr director, perimeter behavioral health arkansas,

Psychology Became A Science In 1879 When Psychologists Began To, Basic Scientist Role In Law Enforcement, Articles E