Alfredo Miguel Hodoyn Palacios, (a) "Lobo" u "88" , fue detenido el 30 de septiembre de 1996, en San Diego California. ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. (5) Gilberto Vasquez Culebro. QUIERE LIBERTAD, DEBE VIDAS - Semanario ZETA 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. Finally, the United States submits evidence in the form of statements attributed to Respondent related to the disappearance and murder of Alejandro by the AFO and the organizations efforts to effect a recantation of Alejandro's November 30, 1996 deposition. 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. The court, for reasons explained below, grants the petition, finding the detainee extraditable. The cohorts also said the Arellanos had on their payroll Mexican immigration agents who waved cocaine shipments across the border. 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. El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . Publicado: 5/6/2021 7:10:25 PM. ), 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. La pequea y poco conocida . 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. emilio valdez mainero - reyasroom.com In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. Background. "The rationale is that such matters are to be determined solely by the executive branch." Otro de los reclutados fue Alfredo Hodoyan Palacios, quien era hijo de un empresario prominente en Tijuana. 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. [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. 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. 00:15. 13, 22 (D.Mass.1989). 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. [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. Mr. Vasquez states that the individuals acted suspiciously and carried long and short range firearms. Valdez moved the Court for release under the special circumstances doctrine. 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". 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 District Court, S.D. United States v. Taitz, 130 F.R.D. This is defined as an individual who is a member of a group or gang of three or more persons whose purpose is to carry out criminal activity (Article 164). Narcos 3: quines son en la vida real los "narcojuniors - infobae Emilio Ricardo Valds Mainero, (a) "Len" o "Ricardo Gonzlez Len", detenido el 30 de septiembre de 1996, en San Diego, California, por posesin ilegal de armas y de estupefacientes. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. Respondent asserts that Soto lost an eye as a result of the torture used by Mexico to extract his statement[39]. 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. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. The entire record supports the finding that probable cause exists with regard to homicide charges. These questions cannot be answered within the narrow confines of an extradition proceeding and would be most properly addressed by the Secretary of State and/or the Court in Mexico on a trial on the merits. No mention of torture or physical abuse is made. 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. It is also notable, that the sum total of the evidence showed Alejandro's Declaration regarding torture and abuse to be contrived in its derivation. The Ninth Circuit has held that self incriminating statements of accomplices are sufficient to establish probable cause in an extradition hearing. As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. Valdez and Martinez then fled the Holiday Inn in the white Volkswagen. Whitepages people search is the most trusted directory. 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. This resulted in the arrest of Valdez on September 30, 1996. Ellos son los narcojuniors reales de Narcos Mxico 3 - Soy502 [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. After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. 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. The various activities included a number of incidents of transportation of illegal drugs and homicide. 1462, 1469 (S.D.Tex.1992). De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). Narcos Mxico: who were the narcojuniors in real life - El Comercio 24). Negocia "El Caballo" inmunidad con EU - Periodico El Vigia The court, for reasons explained below, grants the petition, finding the detainee extraditable. MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. 1996) BATTAGLIA, United States Magistrate Judge. ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. The government's request for the stay was denied sustaining Respondent's objection and request to proceed. The court has jurisdiction over the Respondents if they are before the court. 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. No precise authority is offered in regard to this premise. It is argued that Vasquez suffered similar mistreatment at the hands of the Mexican authorities and had recanted the statement attributed to him in Mexico's case in chief. This issue was not challenged by the Respondent. Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. 1103. 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. Quines son en la vida real los narcojuniors de la serie Narcos 3? 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. In the Matter of the Extradition of Contreras,800 F. Supp. As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. 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 . 611 (S.D.N.Y.1985). 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]. 1996) on CaseMine. Augustin also indicates that Alejandro told him that the Mexican officers intended to torture and kill Alfredo Hodoyan Palacios should he be extradited to Mexico. Article 11, Paragraph 3, provides that the provisional arrest "shall be terminated" if the United States does not receive the formal request for extradition and the necessary documents specified in Article 10 within 60 days after the detainee's apprehension. 1462, 1464 (S.D.Tex. 2d 496 (1990). 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. There, Valdez told the group, "`The Baby' paid me off. Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities. You can explore additional available newsletters here. 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. Este es el miembro del Crtel Tijuana que interpreta Bad Bunny en 442 (S.D.Cal.1990). "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. 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. Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. Respondent had indicated that a recantation by Vasquez would be filed, but no such document has been offered in evidence in this case. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. 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. 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). *1220 At approximately 9:30 p.m., Cruz, who was about twenty meters away from the entrance of the Holiday Inn heard several firearms shots. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. *1225 Seargent Ruiz' statement appears to confirm Soto's statement that he was arrested prior to the September 27, 1996 date set forth in the statements made to the Mexican authorities. 568 (S.D.N.Y.1979). 2d 61 (1970). Demandado: Emilio Ricardo Valdez Mainero. 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. 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 . The recantations are little more than self-serving declarations at the time of "arraignment" on the charges based upon the statements given to the federal prosecutor. 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. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. We will gather for a memorial service and viewing at 6:00 p.m. Friday, September 6, 2019 followed by a visitation at Lake Ridge Chapel and Memorial Designers. Article 11, itself, cites that urgency to arrest and detain an individual supports this initial procedure. Valdez then smiled and announced, "The Baby paid me off. Matter of Extradition of Mainero, 990 F. Supp. 1208 - CourtListener Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. The Supplemental Complaint charged Respondent with criminal association under Article 164, paragraph 1 and Article 13, section 2 of the Penal Code for the Federal District. In fact, in the statement to the district judge on October 2, 1996, Mr. Soto indicates that he has no physical defects. Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. 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. Los narcojuniors reales de Tijuana. 40). 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. Informacin de El Universal. [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". Hodoyan haba estudiado en una . Only the criminal association (conspiracy) and murder charges satisfy the dual criminality requirement for extradition. Extradition of Mainero, Matter of, 950 F. Supp. 290 | Casetext Search 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. Each "recantation" is essentially a denial of the former statement(s) in their entirety and an allegation of torture and abuse at the hands of the Mexican authorities. In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. 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 purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. denied, 364 U.S. 851, 81 S. Ct. 97, 5 L. Ed. The two cars stopped in the village of San Mateo Atenco. October 21, 1996. In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. In response to this evidence, Valdez offers statements of Gabriel Valdez, Marci Ramirez Marin de Gonzalez and Eva Marin viuda de Pena. 1101(d) (3); and Fed. Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. 956 (1922), In re Locatelli,468 F. Supp. denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. The Department of States's opinion is entitled to deference. Finally, Valdez offers that Cruz, Soto, Alejandro and Vasquez[32] were subjected to torture, *1222 and were under duress at the time of the "alleged" statements. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. Bingham v. Bradley,241 U.S. 511, 36 S. Ct. 634, 60 L. Ed. Cruz testified based upon his personal acquaintance with the individuals named in the statement, and his participation in various events and circumstances, as well as conversations, with the individuals involved. Emilio Valdez Mainero met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. Cruz admitted his own involvement in the criminal activities of Valdez and the AFO and admitted that he was paid to assist them in killing the enemies of Ramon Arellano-Felix. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. The record is overwhelming with eyewitness testimony,[20] autopsies and physical evidence from the scene to establish these facts. "Lobo" Hodoyn obtiene libertad - Semanario ZETA Id. In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. Quines son los narcojuniors de Narcos Mxico en la vida real In Gallina, commissioner found the appellant subject to the extradition in Italy. [19]Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. Miranda's statement was given to an officer of this Court. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. 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. A great number of questions exist, and many questions remain unanswered in this case. Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. The Ruiz statement also describes the "detention" of Alejandro and Francisco Cabrera Castro, aka "Piedras". A significant portion of the mens statements were taken in Mexico by officials putting together the case against Valdez and his companion at the time of his arrest, 25-year-old Alfredo Hodoyan de Palacios. 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.