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. Magistrate 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 . El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . [38] These are the same statements offered in this matter to support the request for extradition. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. Mexico Wins Extradition of Two Defendants From U.S. for Drug-Killing Este es el miembro del Crtel Tijuana que interpreta Bad Bunny en The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. [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. Quin era en realidad 'El Kitty', narcojunior al que da vida Bad Bunny [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. 2d 496 (1990). Under Article 10(7) of the Treaty, the probable cause determination is to be made in accordance with the laws of requested party (here, the United States). [23] Cruz made several statements relative to this matter. 3184, et seq. 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. Mr. Vasquez states that the individuals acted suspiciously and carried long and short range firearms. 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. Mexican law defines murder (or homicide) as taking the life of another (Article 302). No precise authority is offered in regard to this premise. "EL Lobo"Hodoyan of the CAF gains his freedom - Borderland Beat Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." 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. Seduction of a Generation - Los Angeles Times 2d 208. emilio valdez mainero. LOS NARCOJUNIORS. Hearsay evidence is admissible on behalf of the Respondent to establish the "obliteration" of probable cause. The long list of challenges to the probable cause finding in Mexico and the other alleged infirmities are not fully set forth herein as the Court finds the opinions of Attorney Gastelum are irrelevant to these proceedings. The videotapes clearly demonstrate Alejandro's demeanor. The Court is not required to decide guilt or innocence, but only determines whether there is competent legal evidence to justify holding the accused for trial in the charging country. (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). at 952. He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. Miranda also declared that Valdez had told him he and Fabian Reyes Partida, aka "Domingo", (hereinafter Reyes) had assassinated Jesus Romero Magana because he was investigating Valdez' criminal activity. R.Crim.P. 956 (1922). The court, for reasons explained below, grants the petition, finding the detainee extraditable. The statement by Cruz to the federal prosecutor did indicate that Cruz had suffered recent physical injury. Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. 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. 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. 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. No mention of torture or physical abuse is made. An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . 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. (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. Garcia-Guillern v. United States, 450 F.2d 1189, 1192 (5th Cir. I Background EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). 029n1est - La Jornada 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. In Gallina, commissioner found the appellant subject to the extradition in Italy. Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. 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. His body was found in Osmun Lake in Pontiac on June 7, 2018 but no arrests were made until April 8 of this year. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. ``Take out your AK-47, and you are going to (expletive) him right now.. De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . Kitty Pez, el narco real que interpreta Bad Bunny en 'Narcos Mxico 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. [37] Respondent criticizes Mexico for not filing this set of documents. 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]. Otros de los jvenes reclutados tambin fueron personificados en Narcos Mxico 3, por ejemplo Emilio Valdez Mainero, hijo de un guardia presidencial, quien conoci a Ramn Arellano en una . mayo 9, 2022. The two cars stopped in the village of San Mateo Atenco. These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. The law limits extradition to circumstances where the Treaty is in full force and effect. 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. These statements do not add a great deal to Mexico's case regarding this Respondent. 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. As a result, the Court finds Treaty compliance in this respect and denies Respondent's request for release on this basis. Argument, inference and innuendo is all that has really been presented here. ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. 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. In re Sindona,450 F. Supp. [47] Alejandro's testimony also implicates his brother concerning the involvement with the AFO, which relates to the pending extradition of Alfredo Hodoyan-Palacios, 96mg1828(AJB). 33. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . 1462, 1469 (S.D.Tex.1992). The limitations of the judicial review at this stage of the proceedings, however, should not be an excuse to admit evidence presented without apparent foundation or any independent indicia of trustworthiness. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. The court denied the writ. 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 . The court has jurisdiction over the Respondents if they are before the court. Bingham v. Bradley,241 U.S. 511, 36 S. Ct. 634, 60 L. Ed. 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. 1136 (1916); McNamara v. Henkel,226 U.S. 520, 33 S. Ct. 146, 57 L. Ed. Mr. Valdez became a top operative in the organization, arranging drug . 830 (1911). *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. 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. At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. 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. 00:15. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. 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. 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 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. 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. Los narcojuniors reales de la serie 'Narcos Mxico 3' Background. 000012 dated January 3, *1213 1997. The interests of Mexico were represented by the United States through the United States Department of Justice, by United States Attorney Alan D. Bersin and Assistant United States Attorney Gonzalo P. Curiel. 2d 61 (1970). (2) A Preparatory Statement of October 13, 1996, at 7:50 p.m. made before the First District Judge of Federal Criminal Proceedings in the State of Mexico, at the Federal Center for Social Rehabilitation Number 1, in Judicial Proceedings Courtroom Number One. This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. Miranda added that the motivation for assassination was that Gallardo had threatened Gabriel Valdez Mainero (Emilio Valdez Mainero's brother) with a firearm.[26]. All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. He also stated that it was Valdez who assigned him the code name "F7". He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. denied, 454 U.S. 894, 102 S. Ct. 390, 70 L. Ed. 96-1798-M. United States District Court, S.D. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. Peter Lupsha, an expert on drug trafficking and former professor at University of New Mexico, said this case suggests that a corrupt Mexican government thwarted previous drug investigations. When he appeared in court, the judge also noted, on the record, residual signs of physical injury. November 4, 1997. Valdez _ the godfather of one of the Arellanos children _ was arrested in September in Coronado, Calif. An extradition hearing began Thursday for Valdez and another man. BATTAGLIA, United States Magistrate Judge. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. 1462, 1464 (S.D.Tex.1992). When arrested, Gallardo said that the marijuana belonged to Benjamin Arellano Felix, which caused the issuance of an arrest warrant for Benjamin Arellano Felix. 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. 1101(d) (3); and Fed. (3) Fausto Soto Miller. The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. Valdez and Martinez then fled the Holiday Inn in the white Volkswagen. The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. The statements of three admitted members of the organization are contained in extradition papers for Emilio Valdez Mainero, an alleged Arellano henchman arrested in the United States. 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. In the proceeding before this Court, the Republic of Mexico (hereafter Mexico), through the United States government, seeks the extradition of United States citizen, EMILIO VALDEZ MAINERO, alleged to have committed crimes in Mexico. 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. 1462, 1464 (S.D.Tex. "Chef" ("Soto") In his September 27, 1996 declaration before an agent of the Mexican Federal Public Prosecutor, Soto recalled an incident in which Valdez, Ramon Arellano Felix and other members of his organization met at a house rented by Valdez in Mexico City. denied, 364 U.S. 851, 81 S. Ct. 97, 5 L. Ed. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. Recanting statements are relevant in these proceedings as they affect probable cause. emilio valdez mainero - polucon.com Specifically, the Court ordered the United States to file copies of videotapes of Alejandro Hodoyan's deposition; evidence including Respondent's statements regarding the circumstances surrounding the 1997 abduction of Alejandro Hodoyan and the genesis of the March 3, 1997 declaration by Alejandro Hodoyan;[5] and, all statements, recordings, transcriptions and memoranda of interviews by the assistant U.S. Attorney and federal agents of Alejandro Hodoyan. Emilio Valdez Mainero met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. The witnesses all identify Respondent as the perpetrator in these regards. one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; 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. QUIERE LIBERTAD, DEBE VIDAS. The environment where the deposition was taken is not suggestive of any coercive circumstances. [15] The later supplementation of the record and the supplementation of Mexico's request for extradition, with additional charges, are not inconsistent with the Treaty or its provisions. 33) which is similarly denied for the reasons stated. Netflix lanz la ltima temporada de Narcos: Mxico, donde adems de los personajes que ya conocemos, hay UNA sorpresa: Bad Bunny. According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. In the supplemental request for extradition filed in January, 1997, the facts supporting the firearms offense were related to the first degree murder of Mr. Gallardo and Mr. Sanchez alleged to have occurred on or about April 9, 1996. 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. A great number of questions exist, and many questions remain unanswered in this case.