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. The document is not authenticated. 1462, 1464 (S.D.Tex.1992). For the reasons set forth in footnote 32 an extended analysis of the recantation is not set forth, nor is the recantation viewed any differently than those of Cruz and Soto. ), 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. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. This issue was not challenged by the Respondent. Informacin de El Universal. As earlier stated, the circumstances of Alejandro's testimony are not suggestive of torture, coercion or duress. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . Seeing no one in pursuit, Cruz followed the white Volkswagen in the navy blue Cutlass. Publicado: 5/6/2021 7:10:25 PM. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. 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. Defense counsel was provided for Mr. Cruz. The scope of this proceeding is narrow and is limited to the existence of probable cause and the evidence, received by virtue of the Treaty provisions and applicable law. According to testimony given to . Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. 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. 611 (S.D.N.Y.1985). 937 (D.Vt.1991); Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). A full review of the evidence, however, is the provence of the trial court in the requesting nation. 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.". 934 (D.Mass.1996). Argument, inference and innuendo is all that has really been presented here. Furthermore, the sworn witness statements in the instant case are the type of evidence contemplated by the Treaty to avoid the need for the requesting country to send its witnesses to the requested country to testify at the extradition hearing. 39); and, SUPPLEMENTAL ORDER DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 12, 1997 (Docket No. The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. Citations Copy Citation. QUIERE LIBERTAD, DEBE VIDAS. The indicia of reliability is in favor of the formal statements given to the Mexican authorities by Soto and Cruz and not their in court "recantations." As a society we cannot suspend that concept by virtue of the interest of a foreign nation in the extradition of an United States citizen, the heinous nature of the offense notwithstanding. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). 96-1798-M. United States District Court, S.D. There is nothing to confirm, corroborate or verify that the facts in the statement are in fact the testimony of Sergeant Ruiz, and based upon personal knowledge. United States v. Valdez-Mainero. Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. [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. (4) Alejandro Enrique Hodoyan Palacios In his November 30, 1996 deposition, Alejandro not only discussed the murder of Gallardo and Sanchez, but he also discussed other criminal activity involving the AFO and including the activities of Respondent Valdez. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . In the Matter of the Extradition of Contreras,800 F. Supp. The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. Get free summaries of new Southern District of California US Federal District Court opinions delivered to your inbox! 20, 2013) From Casetext: Smarter Legal Research. As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. No charges have been filed against Anaya, and he denies the allegations. 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 . Cruz also said he transported weapons used in Ibarras slaying. [38] Specifically, Cruz was charged with homicide and Soto was charged with possession of various *1224 weapons, and a narcotics related offense (possession of marijuana). 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. The entire record supports the finding that probable cause exists with regard to homicide charges. The physical description of Emilio Valdez Mainero, "El C.P." or "Cabeza de Perro," is the following: 30 years old, 1.77 or 1.76 meters, heavy build, white skin, short straight hair which . The record is overwhelming with eyewitness testimony,[20] autopsies and physical evidence from the scene to establish these facts. [6] The Court also directed the United States to request from Mexico, a signed statement of Seargent Ruiz and evidence of all dates of arrest after September 1, 1996 of witnesses Soto, Alejandro Hodoyan, Francisco Cabrera Castro and Gerardo Cruz Pacheco.[7]. [41] All of these individuals are described as "prisoners" in the statement. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. [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. November 4, 1997. 371. The March 3, 1997 date is taken from the first line of the document. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. 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. During the drive, Contreras told Cruz that, "his friends in the white Volkswagen wanted to say hello to a fellow citizen who was in Toluca to train for boxing." Fed.R.Evid. The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. 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.Ms tarde contactaron . 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. (3) Fausto Soto Miller. All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. 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. The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. Ramn y Arturo se la pasaban en fiestas y en una de conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales. De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . 23. ("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. The statement by Cruz to the federal prosecutor did indicate that Cruz had suffered recent physical injury. 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. 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. 956 (1922). 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. 30). Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. 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. In fact, in the statement to the district judge on October 2, 1996, Mr. Soto indicates that he has no physical defects. at 77, 78. He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. The Court may act upon unsworn statements of absent *1223 witnesses, although they could not have been received by the judge under the law of the state in a preliminary examination. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. Demandado: Emilio Ricardo Valdez Mainero. Connect with the definitive source for global and local news. 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. BATTAGLIA, District Judge. 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. 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. one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; These issues were analyzed under that premise. You already receive all suggested Justia Opinion Summary Newsletters. Twenty-eight days after he took office, Ibarra, along with two government agents and a taxi driver, was gunned down in a cab outside Mexico Citys airport. Collins v. Loisel,259 U.S. 309, 317, 42 S. Ct. 469, 66 L. Ed. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. 777 (N.D.Cal.1985). If reliable, the recantations and the Ruiz statement would be evidence which would undermine the voluntariness of the statements offered by Mexico in their case in chief, and as a result, the evidence in support of probable cause for extradition. 1978). The United States has filed videotapes of Alejandro's November 30, 1996 deposition. 2d 74 (1960), as the case that establishes the possibility of a "humanitarian exception" based on the "federal court's sense of decency." 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. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. Alfredo Miguel Hodoyn Palacios, (a) "Lobo" u "88" , fue detenido el 30 de septiembre de 1996, en San Diego California. 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. The Court is not limited in its receipt of this evidence by virtue of the lack of certification. 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. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. 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. 1280 (D.Mass.1997) but reversed on appeal. Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . "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. Through observation and discussion, he became privy to the knowledge set forth. United States v. Kin-Hong, 110 F.3d 103 (1st Cir. 18 U.S.C. 12). Id. 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. The proper authority for the political decision here is, of course, the Secretary of State. The Court concludes that each of the crimes for which extradition is requested by Mexico are among those specified in the Treaty but that only Criminal Association and First Degree Murder are analogous to United States law. 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. Appellant asked the Court of Appeals to stop his extradition because he had been convicted in absentia in Italy and, therefore, would be imprisoned without trial, be unable to confront his accusers and would not be able to conduct a defense. Chapo Guzman gave marijuana to Gallardo so that he could move it into the United States, but afterwards, Chapo Guzman sent the Federal Police after him. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. [30] Respondent's Exhibits H, I and J, respectively, docket No. 1 Since there is no right of appeal from extradition orders, Valdez and Hodoyan filed petitions for writs of habeas corpus in . The . In Matter of Extradition of Pazienza,619 F. Supp. [32] Respondent also argues that the statements of Francisco Cabrera Castro and Edgar Alejandro Gonzalez Gonzalez offered by Mexico were also "extracted" by torture. Mr. Soto also provides a physical description of Respondent. Date published: Mar 20, 2013. 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 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. 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 . [45] The physical injuries to Cruz are certainly suspicious in this regard. 896 (S.D.Cal.1993). [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. Soto acknowledges having signed the statement as well as affixing his fingerprints. 2d 61 (1970). 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. No precise authority is offered in regard to this premise. 54(b) (5). [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. Based on the above evidence, this Court finds that there is probable cause to believe that Valdez committed the crime of criminal conspiracy as alleged in the extradition request. 18 U.S.C. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. The Ninth Circuit has labeled the above statement from Gallina as speculation. The power to make treaties is constitutionally invested in the executive branch of the United States government. Valdez "hires young assassins who belong to Tijuana's upper class," according to the statement by Francisco Molina Ruiz, commissioner of Mexico's National Institute for the Combat of . United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). "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. After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. "The Secretary of State has sole discretion to refuse extradition on humanitarian grounds because of the procedures or treatment that await the surrendered fugitive." 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 . EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. "The rationale is that such matters are to be determined solely by the executive branch." In Gallina, commissioner found the appellant subject to the extradition in Italy. 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. narcoseries Netflix. (5) Gilberto Vasquez Culebro. The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. mayo 9, 2022. Arnbjornsdottir-Mendler v. United States, 721 F.2d 679, 683 (9th Cir. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 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. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Explanatory evidence is allowed only if the evidence would, clearly, negate a showing of probable cause. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. The Miranda statement provides competent evidence to support a finding of probable cause that Valdez was involved in the Gallardo and Sanchez murders of April 9, 1996. Recanting statements are relevant in these proceedings as they affect probable cause. 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. 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. [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. [27] Soto actually made a series of statements relative to this matter. In Emami v. United States, 834 F.2d 1444 (9th Cir.1987), Emami contended that Germany had presented no competent evidence upon which the district court could make a finding of extraditability because Germany relied on facts which prosecutor Keller related in his affidavit which consisted solely of inadmissible hearsay statements made by Emami's former patients and employees. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 18 U.S.C. Los narcojuniors reales de Tijuana. Republic of France v. Moghadam,617 F. Supp. The two cars stopped in the village of San Mateo Atenco. There is no question, and no conflict in the evidence, that Gallardo and Sanchez were shot and killed by two individuals on April 9, 1996, at approximately 9:30 p.m., at the entrance of the restaurant at the Holiday Inn in Toluca, Mexico. [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. Mexico has filed the videotapes, the evidence concerning Respondent's statements regarding the 1997 abduction of Alejandro Hodoyan and the genesis of the March 3, 1997 Declaration by Alejandro Hodoyan, as well as the statements by Alejandro to U.S. agents. 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. 1462, 1469 (S.D.Tex.1992). 3190. R.Crim.P. In making this ruling, the Court of Appeals stated: After making its holding, the Gallina court did state that a case might occur in which the extraditee "would be subject to procedures or punishments so antipathetic to a federal court's sense of decency as to require reexamination of the [the general principle upholding extradition.]" Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. 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. Mexico more correctly characterizes the Ruiz statement as a summary of statements by Seargent Ruiz.