Republic of France v. Moghadam,617 F. Supp. 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 . The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. 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. "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 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. Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. There is no evidence, however, in this regard. [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. [32] Respondent also argues that the statements of Francisco Cabrera Castro and Edgar Alejandro Gonzalez Gonzalez offered by Mexico were also "extracted" by torture. 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. The court denied the writ. Background. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. 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. In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. Collins v. Loisel,259 U.S. 309, 317, 42 S. Ct. 469, 66 L. Ed. The various activities included a number of incidents of transportation of illegal drugs and homicide. The Treaty between the United States and Mexico calls for probable cause to be measured by the standards established in the requesting country. If the Court determines that all the requisite elements have been met, the findings are incorporated into a certificate of extraditability. 1997). [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. Through observation and discussion, he became privy to the knowledge set forth. 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. EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Nobody threatens my brother because the moron who does it, dies.". QUIERE LIBERTAD, DEBE VIDAS. 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]. 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. This assertion relates specifically to the supplemental filing of evidence regarding the first degree murder charge on January 14, 1997 and the weapons charge related to the events and circumstances of April 9, 1996. An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. 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. 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. Los narcojuniors . The court, for reasons explained below, grants the petition, finding the detainee extraditable. 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. I Background 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. 5.1 is denied. Anecdotes from the AFO (Ramon and Benjamin). I may have the - reddit In the Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996. 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. Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). 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. Ultimately, the United States sought to stay the proceedings for an additional ninety (90) day period. The Ninth Circuit has labeled the above statement from Gallina as speculation. (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. Narcos Mxico: who were the narcojuniors in real life - El Comercio They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. 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. 777(N.D.Cal.1985). Matter of Extradition of Mainero, 990 F. Supp. 1208 (S.D. Cal. 1997) In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. Tambin as reclutaron a Alfredo Hodoyan Palacios, hijo de un empresario de Tijuana, quien comenz a pasar droga sin levantar sospechas pues era . Miranda's testimony is not only generally consistent with the statements of others, but is based upon his acquaintance and involvement with the individuals described therein. Galanis v. Pallanck, 568 F.2d 234 (2d Cir.1977); Sayne v. Shipley, 418 F.2d 679 (5th Cir.1969) cert. Los narcos asesinan, se ren y despus se van a cenar "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. Whitepages people search is the most trusted directory. By Molly Moore. The filing of certified documents permitted Mexico to go forward with the extradition proceeding under the Treaty. 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 . 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. MAINERO v. GREGG (1999) | FindLaw 1989), cert. 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. Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. 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. Respondent's discovery request in this regard is denied. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. [21] This evidence is certified by the principle diplomatic or counsular officer of the United States in Mexico and is received into evidence pursuant Article 10(6) of the Treaty and 18 U.S.C. The court has jurisdiction over the Respondents if they are before the court. Id. They are: (1) The Statement of October 12, 1996 at 1:00 a.m. in Mexico City; and. Since the evidence was undisputed it is not detailed extensively herein. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. 2d 476 (1968), is also unpersuasive in this regard. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". The witnesses all identify Respondent as the perpetrator in these regards. Los jvenes que cayeron en las garras de los hermanos Arellano Flix fueron: Emilio Valdez Mainero, hijo de un guardia presidencial, Alfredo Hodoyan Palacios, hijo de un empresario, Eduardo Len, los hermanos Endir y Henain Meza Castaos, Gustavo Miranda Santa Cruz y Fabin Martnez. [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. As a result, the Court finds Treaty compliance in this respect and denies Respondent's request for release on this basis. 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. *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. The Court's direction to the United States to request from Mexico a copy of the signed statement by Ruiz or other information confirming its authenticity and the actual arrest dates of the individuals involved has been met with a response that this information is not available. Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. 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. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. No case authority is offered in this regard. 777 (N.D.Cal.1985). 1103. 20, 2013) From Casetext: Smarter Legal Research. These issues were analyzed under that premise. In Matter of Extradition of Lui Kin-Hong,939 F. Supp. The government's request for the stay was denied sustaining Respondent's objection and request to proceed. Appellant then filed a writ of habeas corpus with the district court. "Narcos Mxico" temporada 3: las historias reales de los narcojuniors *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. 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. Los jvenes que cayeron en las garras de los hermanos Arellano Flix fueron: Emilio Valdez Mainero, hijo de un guardia presidencial, Alfredo Hodoyan Palacios, hijo de un empresario, Eduardo Len, los hermanos Endir y Henain Meza Castaos, Gustavo Miranda Santa Cruz y Fabin Martnez. According to testimony given to . at 952. Specifically, Respondent sought "all witness statements submitted in General Gutierrez Rebollo's case to determine whether or not there is additional relevant testimony." In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". 1978). 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. de Sicor 1 Acdo. The Ruiz statement also describes the "detention" of Alejandro and Francisco Cabrera Castro, aka "Piedras". Tambin se encontraban en este grupo 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. 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. mayo 9, 2022. 2d 74 (1960), as the case that establishes the possibility of a "humanitarian exception" based on the "federal court's sense of decency." Publicado: 5/6/2021 7:10:25 PM. 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. 956 (1922). Matter of Extradition of Koskotas, 127 F.R.D. Alfredo Miguel Hodoyn Palacios, (a) "Lobo" u "88" , fue detenido el 30 de septiembre de 1996, en San Diego California. If the drafters of the Treaty had intended the judicial officer to consider the admissibility and weight of the evidence under the law of the requesting party (i.e. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. Alejandro provides an unrestrained narrative discussion of various events and circumstances, prompted by periodic questions and all simultaneously recorded in an office on CPU's. The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. [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. [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". Mexico also takes the position that the statement is inaccurate and not properly certified or executed. [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. Emilio Valdez Mainero met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. 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. Mar. Miranda stated that the murder took place the first part of April 1996, at the Holiday Inn in Toluca. When the two cars arrived at the Holiday Inn in Toluca, Valdez got out of the white Volkswagen and told Contreras, "Be, cautious, wait for me here and when you see us going out from the parking lot in the white Volkswagen, you should form a `wall' so that we cannot be followed.". 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.
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