33. 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. at 952. [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. 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 analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. The principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. 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. 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. 448 (1901). Por Investigaciones ZETA. Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. at 77, 78. 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. Discovery is not available in extradition proceedings. 2d 496 (1990). 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. Several days went by before Cruz met with Valdez, Martinez, Contreras and Cabrera. 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. 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. In the supplemental request for extradition filed in January, 1997, the facts supporting the firearms offense were related to the first degree murder of Mr. Gallardo and Mr. Sanchez alleged to have occurred on or about April 9, 1996. [31] See discussion at page 1213, line ___, et seq. 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. There, Valdez told the group, "`The Baby' paid me off. Quines eran los narcojuniors reales de Tijuana? These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". [30] These statements challenge the "motive" for the Gallardo murder as stated by Cruz and Miranda. 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. Sign up for our free summaries and get the latest delivered directly to you. 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. The suggestion of torture is certainly present in the record. Appellant appealed the habeas corpus denial to the Second Circuit. Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . D. Gilberto Vasquez Culebro, aka "Cachuchas" On September 30, 1996, Gilberto Vasquez Culebro (hereinafter "Vasquez") gave a statement to Jose Luis Juarez Garcia, an agent of the Mexican federal public prosecutor in Mexico City, Mexico. 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. 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. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. R.Crim.P. 2d 455 (1972). El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . Entre los jvenes reclutados por el narcotrfico mexicano se encentraban Emilio Valdez Mainero, hijo de un guardia presidencial, Alfredo Hodoyan Palacios, Eduardo Len, los hermanos Endir y Henain Meza Castaos, Gustavo Miranda Santa Cruz y Fabin Martnez. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." Cruz describes his mistreatment and torture at the hands of the Mexican authorities. de Sicor 1 Acdo. 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. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. If the Court determines that all the requisite elements have been met, the findings are incorporated into a certificate of extraditability. 956 (1922). "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. Miranda was granted "use immunity" for giving the statement. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . Fausto Soto Miller presented [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. [27] Soto actually made a series of statements relative to this matter. 3190. In the Matter of Extradition of Contreras,800 F. Supp. [20] i.e. Hodoyan haba estudiado en una . 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. 1462, 1464 (S.D.Tex.1992). During the drive, Contreras told Cruz that, "his friends in the white Volkswagen wanted to say hello to a fellow citizen who was in Toluca to train for boxing." [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. (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. No charges have been filed against Anaya, and he denies the allegations. 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. EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. 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. [39] MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, Page 6, lines 5-7 (Docket No. 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 the Matter of the Extradition of Contreras,800 F. Supp. ``Take out your AK-47, and you are going to (expletive) him right now.. The contours do not lend themselves, nor invite the type of inquiry required to evaluate the humanitarian concerns of the magnitude suggested by Respondent. 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. Cruz also said he transported weapons used in Ibarras slaying. 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. 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. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . Miranda added that the motivation for assassination was that Gallardo had threatened Gabriel Valdez Mainero (Emilio Valdez Mainero's brother) with a firearm.[26]. 28). 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. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. Valdez was ordered detained following arraignment. In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. On June 26, 1997, respondent filed a SUPPLEMENTAL SUBMISSION RE: EXTRADITION AND REQUEST FOR DISCOVERY[34], with an attached declaration of Augustin Hodoyan (Alejandro's brother) with Alejandro's personal notes which were used to create the March 3, 1997 declaration. The Court denied the motion.[3]. Soto extensively describes other, numerous criminal activities of the AFO. De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . 44). The contours of the extradition proceeding were shaped by the Treaty and statute. denied, 364 U.S. 851, 81 S. Ct. 97, 5 L. Ed. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . 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 . Background. Id. Mexico), they could have easily added that provision. Citations Copy Citation. Respondent asserts that Soto lost an eye as a result of the torture used by Mexico to extract his statement[39]. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. During the meeting, the group discussed their plans to kill enemies of their interests, including Amado Carillo, a rival drug trafficker. Additionally, it is not the business of the United States Courts to assume responsibility for supervising the integrity of a judicial system of another sovereign nation; such an assumption would directly conflict with the principal of comity on which extradition is based. Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. 44). Soto's testimony is based upon his acquaintance with the individuals referenced in the statement, and his role as a cook residing at various times with these individuals. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. 1462, 1464 (S.D.Tex. Miranda stated that the murder took place the first part of April 1996, at the Holiday Inn in Toluca. California. The Court finds that the videotapes do show a cooperating witness. The evidence tying Valdez to the murder of Gallardo and Sanchez itself, given the numbers of other individuals involved, supports the criminal association charge. [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. 124 F.3d 1186, 1997 WL 624797 (9th Cir.). Opinion for Matter of Extradition of Mainero, 950 F. Supp. Defense counsel was provided for Mr. Soto for purposes of his testimony. ("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. Alfredo Miguel Hodoyn Palacios, (a) "Lobo" u "88" , fue detenido el 30 de septiembre de 1996, en San Diego California. The Court's direction to the United States to request from Mexico a copy of the signed statement by Ruiz or other information confirming its authenticity and the actual arrest dates of the individuals involved has been met with a response that this information is not available. Publicado: 5/6/2021 7:10:25 PM. There is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. 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. 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. 568 (S.D.N.Y.1979). Cal. 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. The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. 834 F.2d 1444, 1453. Treaties, by design, live well beyond the administration involved in their enactment. October 21, 1996. 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]. *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. Bingham v. Bradley,241 U.S. 511, 517, 36 S. Ct. 634, 60 L. Ed. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. In Quinn v. Robinson, 783 F.2d 776, 815 (9th Cir.1986), the Ninth Circuit reaffirmed that hearsay evidence that would be inadmissible for other purposes is admissible in extradition hearings. 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. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. In fact, Respondent urges the Court to dismiss this proceeding stating that the Mexican Attorney General's office held back these statements because of their negative impact on the probable cause analysis. [2] The warrant was issued on a Complaint charging Respondent with carrying a firearm exclusively reserved for the military in violation of Articles 160 and 162, paragraph 3, Criminal Code for the Federal District. 253 (1910); Rice v. Ames,180 U.S. 371, 21 S. Ct. 406, 45 L. Ed. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. "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. [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. 13, 22 (D.Mass.1989). 40). Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez.