United States v. Valdez-Mainero. The certificate is forwarded to the Department of State. Publicado: 5/6/2021 7:10:25 PM. Through observation and discussion, he became privy to the knowledge set forth. 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. Miranda also identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74. 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. 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. Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . (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. Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. The proper authority for the political decision here is, of course, the Secretary of State. In Gallina, commissioner found the appellant subject to the extradition in Italy. 96-1798-M. United States District Court, S.D. There is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. 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. 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. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. 1136 (1916). 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. The statement by Cruz to the federal prosecutor did indicate that Cruz had suffered recent physical injury. Respondent asserts that Soto lost an eye as a result of the torture used by Mexico to extract his statement[39]. Los narcojuniors . 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. 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. Magistrate No. "The Secretary of State has sole discretion to refuse extradition on humanitarian grounds because of the procedures or treatment that await the surrendered fugitive." Emilio Valdez Mainero (Valdez) and Alfredo Hodoyan Palacios (Hodoyan) were certified as extraditable to Mexico on charges of murder and criminal association with the Arellano Felix drug trafficking organization (AFO). Magistrate No. Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. In the Matter of the Extradition of Contreras,800 F. Supp. [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. 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. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). 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. 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. Mexico also takes the position that the statement is inaccurate and not properly certified or executed. 371. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. 39); and, SUPPLEMENTAL ORDER DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 12, 1997 (Docket No. Mexican prosecutors persuade California courts to send Alfredo Hodoyan Palacios and Emilio Valdez Mainero, alleged paid killers for a vicious drug ring based in Tijuana, back to Mexico to face . 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. 5.1 is denied. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). 25. 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. [37] Respondent criticizes Mexico for not filing this set of documents. 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. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. 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. Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. Mexico takes issue with the March 3, 1997 declaration, noting that it was not signed by the declarant, nor is part of an official proceeding or under penalty of perjury. Valdez was ordered detained following arraignment. 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. The Ninth Circuit has labeled the above statement from Gallina as speculation. 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. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. The law limits extradition to circumstances where the Treaty is in full force and effect. Concerning the murder and firearms charge, it is alleged that on April 9, 1996, at approximately 9:30 p.m., in the restaurant at the Holiday Inn in Toluca, Mexico, Jesus Gallardo Vigil, aka "El Bebe", (hereinafter "Gallardo"), and Jesus Sanchez Angulo (hereinafter "Sanchez") were shot and killed by Respondent and Fabian Martinez Gonzalez, aka "Tiburon", (hereinafter "Martinez"). ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. United States District Court, S.D. 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. 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. Id. [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. United States v. Manzi, 888 F.2d 204, 206 (1st Cir. Again, no more precise recantation of the specific events exists. This issue was not challenged by the Respondent. Fed.R.Evid. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. Neely v. Henkel, supra. 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. 1989), cert. Bingham v. Bradley,241 U.S. 511, 36 S. Ct. 634, 60 L. Ed. These three were carrying short range firearms in a white Volkswagen. 1997). 50). There is no evidence, however, in this regard. Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Ahora me siento segura ya que me entero inmediatamente de todo lo que sucede, inclusive antes que mi abogado y que el abogado de . Miranda stated that the murder took place the first part of April 1996, at the Holiday Inn in Toluca. Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. 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. 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 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. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. It was not until October 2, 1996 that Soto described the alleged torture to the judge in Mexico. Mr. Valdez became a top operative in the organization, arranging drug . EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 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. (2) Gustavo Miranda Santacruz. 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. The videotapes clearly demonstrate Alejandro's demeanor. The court has jurisdiction over the Respondents if they are before the court. The contours of the extradition proceeding were shaped by the Treaty and statute. View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. 834 F.2d 1444, 1453. Defendant Emilio Valdez-Mainero, represented by the Federal Defenders of San Diego, Inc., seeks a 73 month reduction in his sentence on the basis of Amendment 782 to the Sentencing Guidelines which revised the Drug Quantity Table in U.S.S.G. Soto acknowledges having signed the statement as well as affixing his fingerprints. mayo 9, 2022. The Treaty between the United States and Mexico calls for probable cause to be measured by the standards established in the requesting country. 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"). Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. The long list of challenges to the probable cause finding in Mexico and the other alleged infirmities are not fully set forth herein as the Court finds the opinions of Attorney Gastelum are irrelevant to these proceedings. *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. Alejandro's statement, at page 13, implicates Respondent[47] in the murder. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. This finding could be based upon the testimony of Miranda and Alejandro, alone. ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. 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. Cruz declared that in April 1996, he received a message from Martinez instructing him to meet at the Glorieta del Angel at 6:00 p.m. At that location, Cruz met with Valdez, Martinez and Contreras. [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. Several days went by before Cruz met with Valdez, Martinez, Contreras and Cabrera. There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. [5] This Declaration is filed in Case No. At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. [25] Miranda testified based upon his acquaintance with the individuals described in his statement, his personal presence at various of the events and circumstances described and conversations with the involved individuals. The United States has filed videotapes of Alejandro's November 30, 1996 deposition. Lastly, there is no authority that requires a magistrate judge to compel disclosure of explanatory information. It is further argued that there is a strong motivation on behalf of the Hodoyan family to help Respondent and this would give rise to questions with regard to the trustworthiness of the document. 54(b) (5). 33. On July 29, 1997, Respondent filed a Motion to Reopen Evidence in this matter. Appellant then filed a writ of habeas corpus with the district court. Hearsay evidence is admissible on behalf of the Respondent to establish the "obliteration" of probable cause. 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. The government's request for the stay was denied sustaining Respondent's objection and request to proceed. (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). 30). Where a prior statement is shown to be coerced and the indicia of reliability is on the recantation, then the subsequent statement negating the existence of probable cause is germane in an extradition proceeding. 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. 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. 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. 956 (1922), In re Locatelli,468 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. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. The court, for reasons explained below, grants the petition, finding the detainee extraditable. "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. at 1450-1451. In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. [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. BATTAGLIA, United States Magistrate Judge. The credible evidence, satisfies Mexico's burden in this respect[44]. (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). BATTAGLIA, District Judge. 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). In re Sindona,450 F. Supp. [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. 896 (S.D.Cal.1993). He states that the reason that Gallardo was murdered was because he had allowed "Chapo Guzman" into the territory of Tijuana to deal drugs and push out Benjamin Arellano Felix. 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. [48] Evidence submitted in this regard includes the "recantations" regarding the use of torture to extract statements from the witnesses as well as the alleged abduction of Alejandro. 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). [30] These statements challenge the "motive" for the Gallardo murder as stated by Cruz and Miranda. Buscar. 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. Soto extensively describes other, numerous criminal activities of the AFO. Miranda was granted "use immunity" for giving the statement. This evidence is clearly contradictory and inadmissible under Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. 13, 22 (D.Mass.1989). 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. C. Fausto Soto Miller, aka "Chef" In his September 27, 1996[27] declaration before an agent of the Mexican Federal Public Prosecutor, Fausto Soto Miller, "Chef," (hereinafter *1221 "Soto") stated that he was aware of the personal problems between Valdez and Gallardo, arising out of a threat with a firearm against Gabriel Valdez made by Gallardo. 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 . 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. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . 896 (S.D.Cal.1993). 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 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 was represented by retained counsel Michael Pancer. Mexico more correctly characterizes the Ruiz statement as a summary of statements by Seargent Ruiz. If the Court determines that all the requisite elements have been met, the findings are incorporated into a certificate of extraditability. ), 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. Ejecutivo Mercantil Autr. [20] i.e. At approximately 9:30 p.m. Valdez and Martinez encountered Gallardo whom Valdez planned to assassinate. Mr. Valdez was referred to as "El Cabezon", "C.P. 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. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. 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. Court documents say the threat against assistant U.S. Atty. He later was charged with several murders, including Ibarras. 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. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. 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. BATTAGLIA, District Judge. The entire record supports the finding that probable cause exists with regard to homicide charges. He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. 3184, et seq., in order to extradite the Respondent, the United States, on behalf of the Republic of Mexico, must establish that: (1) The judicial officer is authorized to conduct extradition proceedings; (2) The court has jurisdiction over the respondent; (3) The applicable treaty is in full force and effect; (4) The crimes for which surrender is sought are included within the terms of the treaty; and. 33) which is similarly denied for the reasons stated. Treaties, by design, live well beyond the administration involved in their enactment. 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. Cal. Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. 563, 572 *1219 (S.D.N.Y. Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . Gill v. Imundi,747 F. Supp. The holding in Gallina, however, offers no support for Valdez' claim. El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . The others drove in a white Volkswagen. [19]Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. 934 (D.Mass.1996). Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. When he appeared in court, the judge also noted, on the record, residual signs of physical injury. For the reasons set forth in footnote 32 an extended analysis of the recantation is not set forth, nor is the recantation viewed any differently than those of Cruz and Soto. Quinn v. Robinson, 783 F.2d 776, 789, 790 (9th Cir.1986). 1996) on CaseMine. 1462, 1464 (S.D.Tex.1992). Connect with the definitive source for global and local news. the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. Since the evidence was undisputed it is not detailed extensively herein. In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. Emilio Valdez passed away Saturday, August 31, 2019. 44). In re Petition of France for Extradition of Sauvage,819 F. Supp. 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.
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