Peryea v. United States,782 F. Supp. 30). The filing of certified documents permitted Mexico to go forward with the extradition proceeding under the Treaty. Specifically, Respondent submits that the Treaty is invalid because the use of torture in Mexico in obtaining evidence, including the evidence in this matter, is contrary to the law of the United States. (3) Fausto Soto Miller. 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. No mention of torture or physical abuse is made. 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. Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. In re Petition of France for Extradition of Sauvage,819 F. Supp. mayo 9, 2022. The Ninth Circuit held that "[t]his contention lacks merit because under general extradition of the United States and under the provisions of Treaty, the hearsay statements Keller summarized in his affidavit are competent evidence." No case authority is offered in this regard. 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. Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). It is asserted that the videotapes demonstrate Alejandro's demeanor and rebut the assertion that Alejandro testified as a result of any torture or duress. 896 (S.D.Cal.1993). Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . 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. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. October 21, 1996. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. 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. [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. denied, 364 U.S. 851, 81 S. Ct. 97, 5 L. Ed. Buscar. narcoseries Netflix. 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. 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. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." 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. A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. [31] See discussion at page 1213, line ___, et seq. Miranda added that the motivation for assassination was that Gallardo had threatened Gabriel Valdez Mainero (Emilio Valdez Mainero's brother) with a firearm.[26]. Extradition of Kraiselburd, 786 F.2d 1395, 1399 (9th Cir.1986). [42] The response from Mexico indicates that closed proceedings related to General Rebollo are ongoing in Mexico and that Ruiz is a witness therein. 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. Informacin de El Universal. A great number of questions exist, and many questions remain unanswered in this case. Soto recounted another incident in March, 1995, during which he was told by members of the AFO that Valdez and others participated in the assassination of a man named "Endir" who was the cousin of Manolo Rico. Support for the reliability of Soto's "recantation" (and by inference the other recantations) is offered by Respondent in an unsigned and uncertified declaration of First Seargent Vicente Ruiz Martinez, submitted on June 30, 1997 at the extradition hearing. 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. [33] On June 19, 1997, Respondent filed a REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY requesting, among other things, that the Court "order the government to turn over any other relevant information which might help the detainee explain the `evidence' lodged against him" (Docket No. 2d 455 (1972). 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 . 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. Mexico also cites the medical examination of Soto following the September 27, 1996 statements concluding that there were no traces of any recent physical wounds. The Ninth Circuit has held that self incriminating statements of accomplices are sufficient to establish probable cause in an extradition hearing. 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. 2d 61 (1970). Magistrate No. Valdez also faces charges of arranging the sale of a kilogram of heroin to a fellow inmate through friends outside prison. 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 . The authority of a magistrate judge to conduct the proceedings is provided by 18 U.S.C. 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. 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]. 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. 956 (1922). Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix 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. 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. Quines eran los narcojuniors reales de Tijuana? The court, for reasons explained below, grants the petition, finding the detainee extraditable. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. Respondent was identified in statements of alleged co-conspirators Fausto Soto Miller, aka "Joel Fierro," "El Chef" or "El Cocinero" (hereinafter "Soto");[22] Cruz; Gilberto Vasquez Culebro, aka "El Gorras" or "El Cachuchas" (hereinafter "Vasquez"); as well as witnesses, Alejandro Enrique Hodoyan Palacios, (hereinafter "Alejandro"); and, Gustavo Miranda Santacruz, (hereinafter "Miranda") with involvement in a host of criminal activities on behalf of the Arellano Felix organization and in particular with the shooting of Gallardo and Sanchez. [5] This Declaration is filed in Case No. As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. In September of 2002, a Judge of the Federal Penal Processes in Mexico State found El Lobo, La Piedra and El Capitan guilty, and sentenced them all to . An extradition hearing is not a criminal proceeding and the person whose return is sought is not entitled to the rights available in a criminal trial at common law. 1997). 777 (N.D.Cal.1985). Respondent does not dispute that the Treaty requirements have been met with regard to these items with three exceptions. Miranda declared that Valdez and Martinez committed the murder of Gallardo. Ahora me siento segura ya que me entero inmediatamente de todo lo que sucede, inclusive antes que mi abogado y que el abogado de . Nobody threatens my brother because the moron who does it, dies.". Opinion for Matter of Extradition of Mainero, 950 F. Supp. In the Matter of Extradition of Contreras,800 F. Supp. 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. In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. The two cars stopped in the village of San Mateo Atenco. de Sicor 1 Acdo. Respondent's roles and activities in these regards is specifically referenced. [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. Case Number: 97CR2149 JM (S.D. 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 contours do not lend themselves, nor invite the type of inquiry required to evaluate the humanitarian concerns of the magnitude suggested by Respondent. Argument, inference and innuendo is all that has really been presented here. 1280 (D.Mass.1997) but reversed on appeal. Mr. Soto also provides a physical description of Respondent. 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. The two perpetrators escaped in a white Volkswagen. [30] Respondent's Exhibits H, I and J, respectively, docket No. He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. [47] Alejandro's testimony also implicates his brother concerning the involvement with the AFO, which relates to the pending extradition of Alfredo Hodoyan-Palacios, 96mg1828(AJB). 23. 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. [37] Respondent criticizes Mexico for not filing this set of documents. As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. See footnote 25. ``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. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. Get free summaries of new Southern District of California US Federal District Court opinions delivered to your inbox! Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge I Background The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. Through observation and discussion, he became privy to the knowledge set forth. Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. He later was charged with several murders, including Ibarras. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. The Court is not limited in its receipt of this evidence by virtue of the lack of certification. United States v. Manzi, 888 F.2d 204, 206 (1st Cir. one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; [4] As presented, the documentary evidence in this regard appears to supplement, not supersede, the previous filings of certified documents in support of the request for extradition. The case against the implicated juniors spilled into U.S. courts after the Sept. 30 arrest of Emilio Valdez Mainero, 32, the baby-faced son of a deceased army colonel from Tijuana who, his widow . Cruz declared that the group told him of multiple murders that they, including Valdez, had committed because the "boss was angry", referring to Ramon Arellano Felix. The entire record supports the finding that probable cause exists with regard to homicide charges. 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. [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. 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. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. Finally, the scope of admissible evidence in an extradition hearing is guided by the distinction between contradictory and explanatory evidence. [38] These are the same statements offered in this matter to support the request for extradition. Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). 970 (1925); the probable cause is sustained if competent evidence to establish reasonable grounds is presented, not necessarily evidence competent to convict. Hearsay evidence is admissible on behalf of the Respondent to establish the "obliteration" of probable cause. The environment where the deposition was taken is not suggestive of any coercive circumstances. 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. 33) which is similarly denied for the reasons stated. Respondent urges that this Court decline extradition based upon a "humanitarian exception" in that he is likely to be tortured based upon his alleged relationship to the Arellano-Felix brothers. There is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. In the Matter of the Extradition of Contreras,800 F. Supp. Los narcojuniors . Mr. Vasquez states that the individuals acted suspiciously and carried long and short range firearms. Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. [41] All of these individuals are described as "prisoners" in the statement. Connect with the definitive source for global and local news. [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. 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. The others drove in a white Volkswagen. 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. "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. 25. Miranda also stated that in 1992, Valdez was in charge of cocaine trafficking, and that later, Valdez trafficked in 200 to 400 kilogram shipments of marijuana for the AFO.