MATTER OF EXTRADITION OF MAINERO - leagle.com Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . 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. Finally, he contests the date of arrest. (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). Court documents say the threat against assistant U.S. Atty. California. Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). Conoce a Kitty Paez, el narcojunior al que dio vida Bad Bunny este 2021 Lastly, there is no authority that requires a magistrate judge to compel disclosure of explanatory information. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". 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. In response to this evidence, Valdez offers statements of Gabriel Valdez, Marci Ramirez Marin de Gonzalez and Eva Marin viuda de Pena. 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. *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . Discovery is not available in extradition proceedings. 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. When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. This finding could be based upon the testimony of Miranda and Alejandro, alone. Anecdotes from the AFO (Ramon and Benjamin). I may have the - reddit California. In contesting the accuracy of the statement of the federal prosecutor, he "rejects" the alias described to him, the reported rank in the infantry, and claims that he does not belong to the Presidential General staff but to the Presidential Guards Corps. 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. MAINERO v. GREGG (1999) | FindLaw 830 (1911). is indoor ice skating safe during covid; most common super bowl final scores; lynette woodard spouse; reelfoot lake fishing guides; emilio valdez mainero. Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities. 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." In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". According to testimony given to . The others in the navy blue Cutlass also left the Holiday Inn and caught up with the white Volkswagen at the village of San Mateo Atenco. 12). This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. Article 11, itself, cites that urgency to arrest and detain an individual supports this initial procedure. 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. 029n1est - La Jornada [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. 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. Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. 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. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. The certified documents included diplomatic note 001831 dated November 25, 1996 from the Embassy of Mexico formally requesting the extradition of Respondent on the firearms and conspiracy charges. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. Magistrate No. EMILIO VALDEZ MAINERO | DataJuridica.com 2d 208. DRUG GANG'S LONG ARM GRIPS MEXICO - The Washington Post The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . emilio valdez mainero. ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. 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". 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. Background. *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. 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. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). In Matter of Extradition of Lui Kin-Hong,939 F. Supp. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. 1971), cert. denied, 454 U.S. 894, 102 S. Ct. 390, 70 L. Ed. 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. 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. 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 . denied, 398 U.S. 903, 90 S. Ct. 1688, 26 L. Ed. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; The murder and conspiracy offenses, above described, survive the Respondent's challenge. In the Matter of Extradition of Contreras,800 F. Supp. 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). 448 (1901). QUIERE LIBERTAD, DEBE VIDAS. In re Petition of France for Extradition of Sauvage,819 F. Supp. *291 Michael Pancer, Law Office of Michael Pancer, San Diego, CA, for Emilio Valdez Mainero. Respondent asserts that Soto lost an eye as a result of the torture used by Mexico to extract his statement[39]. "El Mon" y "El Kitty" se la pasaban en fiestas, en las que Arellano invitaba a los asistentes, en una conocieron a Emilio Valdez Mainero, hijo de un coronel miembro de los guardias presidenciales de aqul entonces. Mr. Valdez became a top operative in the organization, arranging drug . At the time, Emilio Valdez Mainero, a member of the Arellano Flix cartel, said in a bugged conversation with a inmate-turned-informant that he wanted to kill Curiel. [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. [27] Soto actually made a series of statements relative to this matter. 371. Mr. Soto also provides a physical description of Respondent. Emilio Valdez Mainero met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. Cruz describes his mistreatment and torture at the hands of the Mexican authorities. 1996) on CaseMine. November 4, 1997. The . No mention of torture or physical abuse is made. 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. Respondent has no right to rebut prosecutorial evidence (here, the basis and procedural compliance with the laws of Mexico as well as the determination of probable cause to issue the warrant in Mexico). "Lobo" Hodoyn obtiene libertad - Semanario ZETA Mexico also argued that the document was not certified as required by the treaty and would be presumptively inadmissable. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. Quines son en la vida real los narcojuniors de la serie Narcos 3? 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 . 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. Respondent's request for discovery is denied. The United States, in fact, complied with Article 11, Paragraph 3, by its initial filing of diplomatic note 001831, on November 25, 1996 with the U.S. Embassy in Mexico. 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. 00:15. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. The witnesses all identify Respondent as the perpetrator in these regards. 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. While obviously nervous as he recounts the AFO's activities, there are no signs of physical abuse or manifestations consistent with psychological pressure or duress. After receipt of the diplomatic note, Respondent was then held under the formal request for extradition and not the provisional arrest which had initiated the case. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." 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. The environment where the deposition was taken is not suggestive of any coercive circumstances. 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. 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. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. Ramn, "el Mon", organizaba las fiestas para localizar a sus objetivos y en una de ellas conocieron a Emilio Valdez Mainero, hijo de un coronel miembro de la Guardia Presidencial en la poca. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). Hodoyan haba estudiado en una . He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. United States v. Taitz, 130 F.R.D. Garcia-Guillern v. United States, 450 F.2d 1189, 1192 (5th Cir. Treaties, by design, live well beyond the administration involved in their enactment. The Court denied the motion.[3]. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). 39); and, SUPPLEMENTAL ORDER DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 12, 1997 (Docket No. 5.1 is denied. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. 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. United States v. Valdez-Mainero. [20] i.e. Miranda stated that the murder took place the first part of April 1996, at the Holiday Inn in Toluca. United States District Court, S.D. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 448 (1901); Simmons v. Braun, 627 F.2d 635 (2d Cir.1980); Charlton v. Kelly,229 U.S. 447, 461, 33 S. Ct. 945, 57 L. Ed. El recordado criminal perteneca a los Narcojuniors, una clula del crtel de Tijuana que sale a relucir en la nueva temporada de la serie de Netflix. Magistrate No. 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. 30), he requests discovery regarding the statement by Miranda. ("Cruz") In his October 12, 1996 statement, Cruz declared before an agent of the Mexican Federal Public Prosecutor that Valdez, Martinez and, Fabian Partiday, aka "Domingo," described to him crimes that they had committed, the firearms they used to commit the crimes, and the numerous cities in Mexico, in which they had committed crimes in furtherance of the goals of the AFO. This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. 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. There is no prohibition against hearsay in the extradition context because the Federal Rules of Evidence, which proscribe hearsay, do not apply to extradition. Mexico also takes the position that the statement is inaccurate and not properly certified or executed. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. narcoseries Netflix. Soto also explains the details of the alleged abuse visited upon him. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. Finally, Respondent filed FINDINGS OF MEXICAN LAW EXPERT RODOLFO GASTELUM PEREZ RE: ABSENCE OF PROBABLE CAUSE; SYNOPSIS; AND CURRICULUM VITAE which asserted procedural, substantive and constitutional infirmities under Mexican law in the extradition request and in the arrest warrant. 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 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. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). 956 (1922). Cal. Soto's testimony is based upon his acquaintance with the individuals referenced in the statement, and his role as a cook residing at various times with these individuals. No case authority is offered in this regard. 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. Evidence that conflicts with that submitted on behalf of the demanding party is not permitted, nor is impeachment of the credibility of the demanding country's witnesses. According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. Miranda's statement was given to an officer of this Court. 442 (S.D.Cal.1990). Los narcos asesinan, se ren y despus se van a cenar The documents were filed by Mexican authorities seeking extradition of two men -- Emilio Valdez Mainero, 32, and Alfredo Hodayan Palacios, 25 -- alleged to be hit men for the Arellano Felix brothers. 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. A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. 33. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Seeing no one in pursuit, Cruz followed the white Volkswagen in the navy blue Cutlass. 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. Cartel May Have Targeted U.S. Prosecutor - Los Angeles Times

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