Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. 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. 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. De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. 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. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." [13] The diplomatic note related to the initial firearms charge[14] and the criminal association charge. 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. [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. The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. 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. 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. "The rationale is that such matters are to be determined solely by the executive branch." Whitepages people search is the most trusted directory. Respondent also argues that Alejandro was abducted in the Spring of 1997 by representatives of Mexico which corroborates Mexico's alleged use of inappropriate force and means to secure evidence in this case. [48] Authority for this proposition is gathered from dicta in some case law in that there is no direct authority for this proposition. 937 (D.Vt.1991); Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. 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. 18 U.S.C. The court has jurisdiction over the Respondents if they are before the court. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. Mexican law defines murder (or homicide) as taking the life of another (Article 302). 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. Alejandro's statement, at page 13, implicates Respondent[47] in the murder. (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 right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. 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. 3184, et seq. Peter Lupsha, an expert on drug trafficking and former professor at University of New Mexico, said this case suggests that a corrupt Mexican government thwarted previous drug investigations. 896 (S.D.Cal.1993). Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. Opinion for Matter of Extradition of Mainero, 950 F. Supp. Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. 611 (S.D.N.Y.1985). He also stated that it was Valdez who assigned him the code name "F7". Hearsay evidence is admissible on behalf of the Respondent to establish the "obliteration" of probable cause. EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Additional documentation[4] (specifically related to the first degree murder and carrying a firearm exclusive to the Army, Navy and Air Force) were submitted by diplomatic note No. [2] An analysis under Parretti v. United States, 112 F.3d 1363 (9th Cir.1997) decided May 6, 1997 and amended August 29, 1997, well after the issuance of the provisional arrest warrant in this case, is unnecessary given the timely filing of the certified documents. But the deal fell apart when the other inmate couldn't pay the promised . 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. 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. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. January 1997: Hodin Gutierrez Rico, a . Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. [32] Respondent also argues that the statements of Francisco Cabrera Castro and Edgar Alejandro Gonzalez Gonzalez offered by Mexico were also "extracted" by torture. 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. California. *1214 (3) First Degree Murder of Jesus Gallardo Vigil and Jesus Sanchez Angulo in violation of Article 302; Article 303, Sections I and III, Article 315 and Article 320 of the Penal Code for the Federal District. at 77, 78. 5.1 is denied. The power to make treaties is constitutionally invested in the executive branch of the United States government. 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. Prior to the June 30, 1997 evidentiary hearing on the extradition requests, there were numerous other filings by the United States and by counsel for the detainee as well as several status hearings. The "recantations" from Cruz and Soto are in the form of testimony before a judge of the First District of Federal Criminal Proceedings in the State of Mexico. Mexico also argued that the document was not certified as required by the treaty and would be presumptively inadmissable. Columna. *1229 The testimony of the various witnesses, including Miranda and Alejandro provide competent evidence for an assessment of probable cause to believe that the crime of criminal association (conspiracy) has been committed and that Respondent is involved therein. 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 . Miranda declared that Valdez and Martinez committed the murder of Gallardo. A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. *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. 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. 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. 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. 33) which is similarly denied for the reasons stated. Collins v. Loisel,259 U.S. 309, 317, 42 S. Ct. 469, 66 L. Ed. Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. 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. 3184, Ward v. Rutherford, 921 F.2d 286, 289 (D.C.Cir.1990) and Rule 74 of the Local Civil Rules of the United States District Court of the Southern District of California. Ultimately, the United States sought to stay the proceedings for an additional ninety (90) day period. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. Peryea v. United States,782 F. Supp. Por Investigaciones ZETA. This finding could be based upon the testimony of Miranda and Alejandro, alone. It was not until October 2, 1996 that Soto described the alleged torture to the judge in Mexico. Only the criminal association (conspiracy) and murder charges satisfy the dual criminality requirement for extradition. 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". MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. Hodoyan haba estudiado en una . Specifically, Respondent sought "all witness statements submitted in General Gutierrez Rebollo's case to determine whether or not there is additional relevant testimony." Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. 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. 896 (S.D.Cal.1993). [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. Demandado: Emilio Ricardo Valdez Mainero. Est acusado de ser uno de los secuaces ms temidos de Arellano y se lo busca por asesinato en Mxico.Emilio Valdez Mainero era un compaero de juventud que Alex Hodoyn eligi, aos ms . *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. Valdez moved the Court for release under the special circumstances doctrine. 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 . As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. 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. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. (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. One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. 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. Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. You can explore additional available newsletters here. Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. The credible evidence, satisfies Mexico's burden in this respect[44]. Barrett v. United States, 590 F.2d 624 (6th Cir. When arrested, Gallardo said that the marijuana belonged to Benjamin Arellano Felix, which caused the issuance of an arrest warrant for Benjamin Arellano Felix. Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities. 1 Since there is no right of appeal from extradition orders, Valdez and Hodoyan filed petitions for writs of habeas corpus in . En una de las fiestas conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales, cuando existan. The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. The Court denied the motion.[3]. 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. at 1450-1451. Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. denied, 454 U.S. 894, 102 S. Ct. 390, 70 L. Ed. The others drove in a white Volkswagen. [13] The documents themselves do not have to filed in court by the 60 day period, only received by the United States. 0. No charges have been filed against Anaya, and he denies the allegations. The witnesses all identify Respondent as the perpetrator in these regards. 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. 30). Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . 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. Los narcojuniors reales de Tijuana. 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. Galanis v. Pallanck, 568 F.2d 234 (2d Cir.1977); Sayne v. Shipley, 418 F.2d 679 (5th Cir.1969) cert. A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. [29] Clearly, Alejandro's testimony is based upon his personal knowledge derived from his acquaintance with Respondent and the other individuals named and his discussion and observations in their presence. 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.

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