De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . Miranda also identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74. [42] The response from Mexico indicates that closed proceedings related to General Rebollo are ongoing in Mexico and that Ruiz is a witness therein. Again, no more precise recantation of the specific events exists. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . 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. Valdez told Contreras, "Wait for me here and when you see us leave the parking lot in the white Volkswagen, make a wall so that we won't be followed". [15] The Treaty, in Article 11, and 18 U.S.C. Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. Citations Copy Citation. MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. 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. United States v. Manzi, 888 F.2d 204, 206 (1st Cir. (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. [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. Respondent's roles and activities in these regards is specifically referenced. The court, for reasons explained below, grants the petition, finding the detainee extraditable. The Court concludes that each of the crimes for which extradition is requested by Mexico are among those specified in the Treaty but that only Criminal Association and First Degree Murder are analogous to United States law. Buscar. Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. The Secretary of State makes the ultimate decision on whether to surrender the Respondent. [29] Respondents request for discovery of all evidence of discussions with Alejandro Hodoyan is denied on the basis of the authority set forth in footnote 26, except to the extent that this information was produced in response to the Court's order of September 11, 1997 (see footnote 6). There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. Miranda declared that Valdez and Martinez committed the murder of Gallardo. 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. 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. 2d 476 (1968), is also unpersuasive in this regard. 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 . The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. According to the allegations, earlier on April 9, 1996, Valdez, Martinez, and Isaac Contreras Ayala, aka "Calaco", (hereinafter "Contreras") were awaiting the arrival of Gerardo Cruz Pacheco, aka "Capitan", (hereinafter "Cruz") at the Glorieta del Angel. Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. ), affirmed as modified, 478 F.2d 894 (2d Cir.1973) the court stated in part: The magistrate judge conducting the extradition proceeding has wide latitude in admitting evidence. R.Crim.P. [30] Respondent's Exhibits H, I and J, respectively, docket No. "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. 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. Quines eran los narcojuniors reales de Tijuana? 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. In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. 448 (1901). Tambin as reclutaron a Alfredo Hodoyan Palacios, hijo de un empresario de Tijuana, quien comenz a pasar droga sin levantar sospechas pues era . 3190. The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. 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. They are: (1) The Statement of October 12, 1996 at 1:00 a.m. in Mexico City; and. 0. 3184. 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. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. 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. When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. Fue en una de las celebraciones que conocieron a Emilio Valdez Mainero, el hijo de un coronel que en su momento fue miembro de los guardias presidenciales.Ms tarde contactaron . Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). Respondent also challenges compliance with the Treaty, and urges his release in these proceedings, relative to the "late filing" of certified documents in this case. B. Gustavo Miranda Santacruz On November 19, 1996, Gustavo Miranda Santacruz (hereinafter "Miranda") made a declaration before Assistant United States Attorney, Gonzalo P. Curiel, acting as Mexico's agent pursuant to a request under the mutual Legal Assistance Treaty that exists between Mexico and the United States. 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. View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. In re Petition of France for Extradition of Sauvage,819 F. Supp. 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. Seeing no one in pursuit, Cruz followed the white Volkswagen in the navy blue Cutlass. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". [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. The Ninth Circuit has labeled the above statement from Gallina as speculation. The court, for reasons explained below, grants the petition, finding the detainee extraditable. [48] Authority for this proposition is gathered from dicta in some case law in that there is no direct authority for this proposition. They are under a compelled setting initiated by Mexican judicial authorities (as opposed to a self directed recantation by the declarants) and are no greater than a plea of not guilty when analyzed to similar proceedings under United States law. 1136 (1916); McNamara v. Henkel,226 U.S. 520, 33 S. Ct. 146, 57 L. Ed. 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. Lastly, there is no authority that requires a magistrate judge to compel disclosure of explanatory information. Ante una posible enfermedad terminal, Benjamn Arellano Flix pretende obtener una liberacin humanitaria, y no pagar la pena de 25 aos de prisin en Estados Unidos. These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. Since the evidence was undisputed it is not detailed extensively herein. While the motion was denied, the Court did find good cause to order the production of further evidence described by the United States in its responsive papers as becoming available since the June 30, 1997 extradition hearing. 577 (1901). EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Covid-19 Mxico: Suman 218 mil 173 muertes y 1 milln 879 mil 713 personas se han recuperado | Cifras El director general de Epidemiologa, Jos Luis Aloma Zegarra, inform que se registran 21 mil 224 casos activos en el pas; se han aplicado 19 millones 951 mil 121 dosis aplicadas.. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. Los narcojuniors reales de Tijuana. There was no mention of the lost eye in the medical exam performed by the Republic of Mexico or during the court proceedings where the alleged recantation took place. 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. There is no evidence to suggest that the United States no longer honors the treaty or that its purpose and intent are no longer served. The essential question is whether the indicia of reliability is on the recantation or the initial statement. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. Emilio Valdez Mainero met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. Miranda's statement was given to an officer of this Court. [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. narcoseries Netflix. At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. The extradition proceeding is not a criminal trial nor is Respondent entitled to the rights available in a criminal trial at common law. (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. 777 (N.D.Cal.1985). 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. Barrett v. United States, 590 F.2d 624 (6th Cir. He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. Respondent's discovery request in this regard is denied. 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. In Gallina, commissioner found the appellant subject to the extradition in Italy. [20] i.e. Respondent's request for discovery is denied. 672, 685 (S.D.N.Y.1978), aff'd, 619 F.2d 167 (2d Cir.1980), citing Collins, supra, 259 U.S. at 316. 956 (1922), In re Locatelli,468 F. Supp. [21] The real issue in this proceeding is whether or not there is probable cause to establish that Respondent was one of the perpetrators. 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." Mexican law defines murder (or homicide) as taking the life of another (Article 302). The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. Quines son los narcojuniors en los que est basada la historia . 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. Cruz describes his mistreatment and torture at the hands of the Mexican authorities. Otro de los reclutados fue Alfredo Hodoyan Palacios, quien era hijo de un empresario prominente en Tijuana. 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. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. No mention of torture or physical abuse is made. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. These statements are also corroborated in significant part by Alejandro's declaration. R.Crim.P. 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. [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. Ramn y Arturo se la pasaban en fiestas y en una de conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales. Id. It was at one of the celebrations that they met Emilio Valdez Mainero, the son of a colonel who was once a member of the presidential guards.Later they contacted Alfredo Hodoyan Palacios, who was the son of a wealthy businessman from the city.Alfredo had been born and studied in USA, so it was easier for the drug to pass through the border without generating suspicion. A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. Background. 124 F.3d 1186, 1997 WL 624797 (9th Cir.). The Department of Justice shall prepare a certification consistent with this memorandum as required by 18 U.S.C. He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. 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. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. Specifically, the tape of the interview with Miranda, all notes and interview sheets, and documentation concerning Assistant United States Attorney Curiel's agency on behalf of Mexico. 28). There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. That conclusion is based on the following analysis. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. "Chef" ("Soto") In his September 27, 1996 declaration before an agent of the Mexican Federal Public Prosecutor, Soto recalled an incident in which Valdez, Ramon Arellano Felix and other members of his organization met at a house rented by Valdez in Mexico City. 00:15. On July 29, 1997, Respondent filed a Motion to Reopen Evidence in this matter. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. 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. [13] The diplomatic note related to the initial firearms charge[14] and the criminal association charge. The filing of certified documents permitted Mexico to go forward with the extradition proceeding under the Treaty. There, Valdez told the group, "`The Baby' paid me off. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). 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. 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. 956 (1922). Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. [41] The statement of Francisco Cabrera Castro, aka "Piedras" is offered in the Extradition of Alejandro Hodoyan Palacios, 96mg1828 AJB. LOS NARCOJUNIORS. 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. The . In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. In the Matter of Extradition of Contreras,800 F. Supp. Garcia-Guillern v. United States, 450 F.2d 1189, 1192 (5th Cir. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. 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. In fact, it is the United States, on behalf of the Republic of Mexico, that is the moving party in this proceeding, pursuant to the subject Treaty. Quines eran los narcojuniors reales de Tijuana? 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. 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. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. [37] These statements were taken in open Court, at the time that Cruz and Soto were arraigned on charges filed against them by the Republic of Mexico and based upon the statements given to the public prosecutor. 44). [23] Cruz made several statements relative to this matter. 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). Alejandro, who is the brother of extraditee Alfredo Miguel hodoyan Palacios aka "Lobo",[28] stated that his brother told him that Valdez and Martinez had participated in the murder of Gallardo at the Holiday Inn Hotel in Toluca. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. You already receive all suggested Justia Opinion Summary Newsletters. 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.

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