Almond Croissant Recipe Paul Hollywood, Articles E

denied, 364 U.S. 851, 81 S. Ct. 97, 5 L. Ed. These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. 934 (D.Mass.1996). Additional documentation[4] (specifically related to the first degree murder and carrying a firearm exclusive to the Army, Navy and Air Force) were submitted by diplomatic note No. Respondent had indicated that a recantation by Vasquez would be filed, but no such document has been offered in evidence in this case. The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. The Court is not limited in its receipt of this evidence by virtue of the lack of certification. Miranda declared that Valdez and Martinez committed the murder of Gallardo. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). Everardo Pez, also known as "El Kitty", was not a person of money, but under the tutelage of Ramn Arellano Flix, he dedicated himself, together with the narco juniors, to cross drugs into the United States without raising suspicions due to his economic status. [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. R.Crim.P. Caso Blancornelas - activoforo.com October 21, 1996. *1229 The testimony of the various witnesses, including Miranda and Alejandro provide competent evidence for an assessment of probable cause to believe that the crime of criminal association (conspiracy) has been committed and that Respondent is involved therein. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. Judge Attacked By Trump Has Long History of Serving His Country 534 (1902). The complaint . [2] An analysis under Parretti v. United States, 112 F.3d 1363 (9th Cir.1997) decided May 6, 1997 and amended August 29, 1997, well after the issuance of the provisional arrest warrant in this case, is unnecessary given the timely filing of the certified documents. Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. 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. Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. Magistrate No. Date published: Mar 20, 2013. [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. Seeing no one in pursuit, Cruz followed the white Volkswagen in the navy blue Cutlass. 18 U.S.C. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Homicide is an extraditable offense under Article 2(1) and Appendix Part 1 of the treaty. 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. LOS NARCOJUNIORS. R.Crim.P. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. 2d 476 (1968), is also unpersuasive in this regard. [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. 611 (S.D.N.Y.1985). In the Matter of Extradition of Contreras,800 F. Supp. Miranda's statement was given to an officer of this Court. When he appeared in court, the judge also noted, on the record, residual signs of physical injury. Tambin as reclutaron a Alfredo Hodoyan Palacios, hijo de un empresario de Tijuana, quien comenz a pasar droga sin levantar sospechas pues era . Id. MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. B. Gustavo Miranda Santacruz On November 19, 1996, Gustavo Miranda Santacruz (hereinafter "Miranda") made a declaration before Assistant United States Attorney, Gonzalo P. Curiel, acting as Mexico's agent pursuant to a request under the mutual Legal Assistance Treaty that exists between Mexico and the United States. 3188 for a similar proposition. the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. 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. *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. BATTAGLIA, District Judge. As to Soto, his three statements to the Mexican authorities, two on September 27, 1996 and one on September 30, 1996, respectively, do not reference any injury. 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. [29] Clearly, Alejandro's testimony is based upon his personal knowledge derived from his acquaintance with Respondent and the other individuals named and his discussion and observations in their presence. 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. 30). Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. 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. 0. 990 F.Supp. 1208 (S.D.Cal. 1997), 96MG1798, Extradition of Mainero Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . Soto extensively describes other, numerous criminal activities of the AFO. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. This issue was not challenged by the Respondent. 1101(d) (3); and Fed. "The Secretary of State has sole discretion to refuse extradition on humanitarian grounds because of the procedures or treatment that await the surrendered fugitive." Mexican Tale: Drugs, Crime, Torture and the U.S. These issues were analyzed under that premise. 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. You can explore additional available newsletters here. 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. No case authority is offered on this issue. 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. mayo 9, 2022. Cal. 1971), cert. 00:15. 23. The interviews of Alejandro in the United States confirm the uncoerced willingness of Alejandro to provide testimony concerning the criminal activities of the AFO and Respondent's role therein. Buscar. The law limits extradition to circumstances where the Treaty is in full force and effect. 3190. Kitty Pez, el narcojunior real que interpreta Bad Bunny en "Narcos 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. Elias v. Ramirez,215 U.S. 398, 30 S. Ct. 131, 54 L. Ed. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. The proper authority for the political decision here is, of course, the Secretary of State. 24). In the Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996. 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." (2) Criminal Association between 1994 and September 14, 1996 in violation of Article 164, Paragraph 1 in accordance with Article 13, Section II, of the Penal Code for the Federal District;[11] and. But the deal fell apart when the other inmate couldn't pay the promised . [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]. In response to this evidence, Valdez offers statements of Gabriel Valdez, Marci Ramirez Marin de Gonzalez and Eva Marin viuda de Pena. La pequea y poco conocida . Collins v. Loisel,259 U.S. 309, 316, 42 S. Ct. 469, 66 L. Ed. The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. Kitty Pez, el narco real que interpreta Bad Bunny en 'Narcos Mxico [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. 1103. 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. [39] MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, Page 6, lines 5-7 (Docket No. 1997). The Second Circuit affirmed the denial of the habeas corpus petition. BATTAGLIA, United States Magistrate Judge. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. 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. United States v. Manzi, 888 F.2d 204, 206 (1st Cir. 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. 448 (1901). 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. 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. 777 (N.D.Cal.1985). 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. In re Petition of France for Extradition of Sauvage,819 F. Supp. 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. Alejandro, who is the brother of extraditee Alfredo Miguel hodoyan Palacios aka "Lobo",[28] stated that his brother told him that Valdez and Martinez had participated in the murder of Gallardo at the Holiday Inn Hotel in Toluca. These statements do not add a great deal to Mexico's case regarding this Respondent. 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. 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. De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . [18] In the original request, Mexico sought extradition on the firearm offense related to events and circumstances alleged to have occurred on April 13, 1994. 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. Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. Emilio Valdez Mainero declara que en mayo de 1992, l, Arturo "Kitty" Pez Martnez, Fabin Martnez Gonzlez "El Tiburn", David Barrn Corona y Jorge Alonso, fueron a buscar para matarlo, a Ricardo Olmos; que despus que lo localizaron como usuario de un taxi, se emparejaron al vehculo y Valdez y Barrn descendieron del . The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. Miranda details numerous other criminal activities in which Valdez and others in the AFO were involved, including the assassination of Larios Guzman, the July 1994 assassination of multiple military officers, the kidnaping and murder of a person with the last name Margain, and the kidnaping of a man with the last name Baloyan. [41] The statement of Francisco Cabrera Castro, aka "Piedras" is offered in the Extradition of Alejandro Hodoyan Palacios, 96mg1828 AJB. The record is overwhelming with eyewitness testimony,[20] autopsies and physical evidence from the scene to establish these facts. 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. 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. [48] Authority for this proposition is gathered from dicta in some case law in that there is no direct authority for this proposition. The Republic of Mexico seeks to extradite Valdez to answer the following charges: (1) Carrying a firearm exclusive to the Army, Navy and Air Force on or about April 9, 1996 in violation of Article 83, Section II, in accordance with Article 11, Section (b), of the Federal Law of Mexico on Weapons and Explosives;[10]. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. 956 (1922). The Ninth Circuit has held that self incriminating statements of accomplices are sufficient to establish probable cause in an extradition hearing. Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. See footnote 25. For this reason, Respondent's challenge in this regard is denied. The environment where the deposition was taken is not suggestive of any coercive circumstances. Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses.