In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . Through observation and discussion, he became privy to the knowledge set forth. 896 (S.D.Cal.1993). The two cars stopped in the village of San Mateo Atenco. [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. 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. En 1995, su reinado lleg a su fin. [27] Soto actually made a series of statements relative to this matter. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. [21] The real issue in this proceeding is whether or not there is probable cause to establish that Respondent was one of the perpetrators. BATTAGLIA, United States Magistrate Judge. [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. There is no evidence, however, in this regard. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. ``Take out your AK-47, and you are going to (expletive) him right now.. The entire record supports the finding that probable cause exists with regard to homicide charges. *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. Miranda declared that Valdez and Martinez committed the murder of Gallardo. Respondent asserts that Soto lost an eye as a result of the torture used by Mexico to extract his statement[39]. Whitepages people search is the most trusted directory. In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. On September 30, 1996, the United States Attorney's Office for the Southern District of *292 California, acting on behalf of the Republic of Mexico, presented to the Honorable Anthony Battaglia, United States Magistrate Judge, a complaint and a formal extradition request for Emilio Valdez Mainero (hereinafter "Valdez" or "Extraditee"). 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. BATTAGLIA, District Judge. ("Cruz") In his October 12, 1996 statement, Cruz declared before an agent of the Mexican Federal Public Prosecutor that Valdez, Martinez and, Fabian Partiday, aka "Domingo," described to him crimes that they had committed, the firearms they used to commit the crimes, and the numerous cities in Mexico, in which they had committed crimes in furtherance of the goals of the AFO. [5] This Declaration is filed in Case No. The Extradition Hearing was continued on several occasions after the January 14, 1997 filing, with the consent of the parties, to allow for further preparation and response to the evidence. 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. The Department of States's opinion is entitled to deference. 577 (1901). 448 (1901). 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. [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. The document is not authenticated. The Department of Justice shall prepare a certification consistent with this memorandum as required by 18 U.S.C. The statement by Cruz to the federal prosecutor did indicate that Cruz had suffered recent physical injury. The others drove in a white Volkswagen. At approximately 9:30 p.m. Valdez and Martinez encountered Gallardo whom Valdez planned to assassinate. Fed.R.Evid. 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. [6] The Court also directed the United States to request from Mexico, a signed statement of Seargent Ruiz and evidence of all dates of arrest after September 1, 1996 of witnesses Soto, Alejandro Hodoyan, Francisco Cabrera Castro and Gerardo Cruz Pacheco.[7]. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 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 . 3190. BATTAGLIA, United States Magistrate Judge. Id. 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. (2) Gustavo Miranda Santacruz. (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. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. The essential question is whether the indicia of reliability is on the recantation or the initial statement. 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. [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). 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. No precise authority is offered in regard to this premise. He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. The complaint . 1103. Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. 956 (1922). Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. Bingham v. Bradley,241 U.S. 511, 517, 36 S. Ct. 634, 60 L. Ed. Miranda also identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74. Respondent's objections to this evidence and his explanatory evidence have already been addressed, and rejected. Emilio Valdez Mainero declara que en mayo de 1992, l, Arturo "Kitty" Pez Martnez, Fabin Martnez Gonzlez "El Tiburn", David Barrn Corona y Jorge Alonso, fueron a buscar para matarlo, a Ricardo Olmos; que despus que lo localizaron como usuario de un taxi, se emparejaron al vehculo y Valdez y Barrn descendieron del . But the deal fell apart when the other inmate couldn't pay the promised . In Matter of Extradition of Lui Kin-Hong,939 F. Supp. [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. [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. [43] The balance of the evidence, as noted, does not lead to the conclusion that Alejandro was under duress, nor, that the November 30, 1996 deposition is unreliable. (2) Criminal Association between 1994 and September 14, 1996 in violation of Article 164, Paragraph 1 in accordance with Article 13, Section II, of the Penal Code for the Federal District;[11] and. Id. The contours of the extradition proceeding were shaped by the Treaty and statute. [16] Further, it is not the responsibility of this Court to assess the probability that the requesting party will be able to secure a conviction. Background. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). Respondent does not dispute that the Treaty requirements have been met with regard to these items with three exceptions. ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. 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. 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). 611 (S.D.N.Y.1985). 2d 74 (1960), as the case that establishes the possibility of a "humanitarian exception" based on the "federal court's sense of decency." According to testimony given to . Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. [31] See discussion at page 1213, line ___, et seq. 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. El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . The Treaty between the United States and Mexico calls for probable cause to be measured by the standards established in the requesting country. [42] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION (Docket No. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. Appellant then filed a writ of habeas corpus with the district court. 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. 96mg 1828(AJB). As a result, the Court finds Treaty compliance in this respect and denies Respondent's request for release on this basis. The filing of certified documents permitted Mexico to go forward with the extradition proceeding under the Treaty. That conclusion is based on the following analysis. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. In Emami v. United States, 834 F.2d 1444 (9th Cir.1987), Emami contended that Germany had presented no competent evidence upon which the district court could make a finding of extraditability because Germany relied on facts which prosecutor Keller related in his affidavit which consisted solely of inadmissible hearsay statements made by Emami's former patients and employees. [21] This evidence is certified by the principle diplomatic or counsular officer of the United States in Mexico and is received into evidence pursuant Article 10(6) of the Treaty and 18 U.S.C. He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. 672, 685 (S.D.N.Y.1978), aff'd, 619 F.2d 167 (2d Cir.1980), citing Collins, supra, 259 U.S. at 316. Respondent's discovery request in this regard is denied. This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. (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. 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. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. Columna. 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. There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. This issue was not challenged by the Respondent. 956 (1922), In re Locatelli,468 F. Supp. Demandado: Emilio Ricardo Valdez Mainero. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. 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. No applicable authority was presented on this point and prevailing authority as set forth herein supports this ruling. (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). 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. 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. The signs of injury included 16 irregularly circular scars, 17 circular scars and 3 small scars on the chest as well as a hematoma to the upper base of the nose and a circular bruise on the right chin. Nobody threatens my brother because the moron who does it, dies."[12]. 3184, et seq. Finally, Valdez offers that Cruz, Soto, Alejandro and Vasquez[32] were subjected to torture, *1222 and were under duress at the time of the "alleged" statements. [20] i.e. denied, 398 U.S. 903, 90 S. Ct. 1688, 26 L. Ed. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). 00:15. In response to this evidence, Valdez offers statements of Gabriel Valdez, Marci Ramirez Marin de Gonzalez and Eva Marin viuda de Pena. This resulted in the arrest of Valdez on September 30, 1996. These statements are also corroborated in significant part by Alejandro's declaration. 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. 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. ``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. "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 government's request for the stay was denied sustaining Respondent's objection and request to proceed.
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