The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. 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. ``When they want to do a job _ when they want to bring down the hammer _ they can do it with brilliance and genius, Lupsha said. Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. [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. Respondent also offers, as evidence to defeat probable cause, recantations by Cruz and Soto relative to the earlier statements[36]. The charge related to the 1994 event has been abandoned. 563, 572 *1219 (S.D.N.Y. United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). 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. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. 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. In Matter of Extradition of Lui Kin-Hong,939 F. Supp. According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. 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. 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. 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. [13] The documents themselves do not have to filed in court by the 60 day period, only received by the United States. 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. 3184. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. In Gallina, commissioner found the appellant subject to the extradition in Italy. 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." En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . [37] Respondent criticizes Mexico for not filing this set of documents. 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. En 1995, su reinado lleg a su fin. The March 3, 1997 date is taken from the first line of the document. The United States has also offered statements from interviews between Alejandro and federal agents in February of 1997 which are asserted to corroborate Alejandro's knowledge of the AFO and his willingness to cooperate. 1971), cert. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. The evidence tying Valdez to the murder of Gallardo and Sanchez itself, given the numbers of other individuals involved, supports the criminal association charge. 18 U.S.C. *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. The certificate is forwarded to the Department of State. Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. 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. The suggestion of torture is certainly present in the record. The contours do not lend themselves, nor invite the type of inquiry required to evaluate the humanitarian concerns of the magnitude suggested by Respondent. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. R.Crim.P. QUIERE LIBERTAD, DEBE VIDAS. The witnesses go on to attribute a number of other incidents based upon their personal knowledge occurring since 1994 which are competent for a finding of probable cause on this charge as well. Background. 30), he requests discovery regarding the statement by Miranda. 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. 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. This is part of the framework created by case law in these proceedings. 1 Since there is no right of appeal from extradition orders, Valdez and Hodoyan filed petitions for writs of habeas corpus in . Neely v. Henkel, supra. Valdez and Martinez then fled the Holiday Inn in the white Volkswagen. [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. January 1997: Hodin Gutierrez Rico, a . The court, for reasons explained below, grants the petition, finding the detainee extraditable. The document is not authenticated. These statements do not add a great deal to Mexico's case regarding this Respondent. The court denied the writ. R.Crim.P. The Ruiz statement also describes the "detention" of Alejandro and Francisco Cabrera Castro, aka "Piedras". Emilio Valdez Mainero seemed an appropriately upper-tier husband, but he too allegedly found employment in the Arellano Felix organization, recruiting 'young assassins who belong to Tijuana's . 448 (1901). "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. Court documents say the threat against assistant U.S. Atty. 1992); Fed.R.Evid. denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. 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). 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. Alejandro's statement, at page 13, implicates Respondent[47] in the murder. 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. ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. 3184, et seq. *1214 (3) First Degree Murder of Jesus Gallardo Vigil and Jesus Sanchez Angulo in violation of Article 302; Article 303, Sections I and III, Article 315 and Article 320 of the Penal Code for the Federal District. By Molly Moore. 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. Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . 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. Treaties, by design, live well beyond the administration involved in their enactment. 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. Recanting statements are relevant in these proceedings as they affect probable cause. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. 1101(d) (3); and Fed. [9] See ORDER DIRECTING THE FILING OF ADDITIONAL EVIDENCE filed October 23, 1997 (Docket No. 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. 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. During the meeting, the group discussed their plans to kill enemies of their interests, including Amado Carillo, a rival drug trafficker. Columna. MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. [29] Respondents request for discovery of all evidence of discussions with Alejandro Hodoyan is denied on the basis of the authority set forth in footnote 26, except to the extent that this information was produced in response to the Court's order of September 11, 1997 (see footnote 6). 3184, et seq., the United States issued a provisional arrest warrant for the Respondent, signed by Magistrate Judge Anthony J. Battaglia on September 30, 1996. En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. The entire record supports the finding that probable cause exists with regard to homicide charges. [21] The real issue in this proceeding is whether or not there is probable cause to establish that Respondent was one of the perpetrators. 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 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. Defendant Emilio Valdez-Mainero, represented by the Federal Defenders of San Diego, Inc., seeks a 73 month reduction in his sentence on the basis of Amendment 782 to the Sentencing Guidelines which revised the Drug Quantity Table in U.S.S.G. 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. Under 18 U.S.C. The Court finds that the videotapes do show a cooperating witness. There is no evidence to suggest that the United States no longer honors the treaty or that its purpose and intent are no longer served. The record is overwhelming with eyewitness testimony,[20] autopsies and physical evidence from the scene to establish these facts. Background. ("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 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. De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . Miranda also identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74. [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. In the Matter of the Extradition of Contreras,800 F. Supp. 577 (1901). According to testimony given to . Gill v. Imundi,747 F. Supp. Connect with the definitive source for global and local news. 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). 33. Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. 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. Print material from AMNESTY INTERNATIONAL has also been filed. 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. 2d 74 (1960), as the case that establishes the possibility of a "humanitarian exception" based on the "federal court's sense of decency." [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. The holding in Gallina, however, offers no support for Valdez' claim. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. The Supplemental Complaint charged Respondent with criminal association under Article 164, paragraph 1 and Article 13, section 2 of the Penal Code for the Federal District. 96-1798-M. United States District Court, S.D. denied, 454 U.S. 894, 102 S. Ct. 390, 70 L. Ed. Respondent's request for discovery is denied. [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. Article 11, Paragraph 3, provides that the provisional arrest "shall be terminated" if the United States does not receive the formal request for extradition and the necessary documents specified in Article 10 within 60 days after the detainee's apprehension. The "recantations" from Cruz and Soto are in the form of testimony before a judge of the First District of Federal Criminal Proceedings in the State of Mexico. Miranda added that the motivation for assassination was that Gallardo had threatened Gabriel Valdez Mainero (Emilio Valdez Mainero's brother) with a firearm.[26]. Another court has correctly characterized the above sentence from the Second Circuit as "dicta." Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities. Ultimately, the United States sought to stay the proceedings for an additional ninety (90) day period. 54(b) (5). The filing of certified documents permitted Mexico to go forward with the extradition proceeding under 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 . 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 Secretary of State makes the ultimate decision on whether to surrender the Respondent. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. Barrett v. United States, 590 F.2d 624 (6th Cir. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. Mexico more correctly characterizes the Ruiz statement as a summary of statements by Seargent Ruiz. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. Under Article 10 of the Treaty, the request for extradition is required to contain the description of the offense for which extradition is requested and shall be accompanied by: (1) A statement of the facts of the case; (2) The text of the legal provisions describing the essential elements of the offense; (3) The text of the legal provisions describing the punishment for the offense; (4) The text of the legal provisions relating to the time limit on the prosecution of the offense; and. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. 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. It is also notable, that the sum total of the evidence showed Alejandro's Declaration regarding torture and abuse to be contrived in its derivation. The extradition proceeding is not a criminal trial nor is Respondent entitled to the rights available in a criminal trial at common law. California. 40). [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. Mexican officials wanted Valdez, 32, for allegedly gunning down an aspiring boxer over a personal grudge in 1996 at a Holiday Inn in the state of Mexico. As earlier stated, the circumstances of Alejandro's testimony are not suggestive of torture, coercion or duress. On September 30, 1996, the United States Attorney's Office for the Southern District of California, acting on behalf of the Republic of Mexico, presented to the Honorable Anthony Battaglia, United States Magistrate Judge, a complaint and a formal extradition request for Emilio Valdez Mainero (hereinafter "Valdez" or "Extraditee"). aka "Cachuchas" In his September 30, 1996, declaration before an agent of the Mexican Federal Public Prosecutor, Gilberto Vasquez Culebro, aka "Cachuchas", (hereinafter Vasquez), declared that Valdez was a member of the AFO and that, in March, 1995, Valdez was in the company of the other AFO members, including, Eduardo Leon, aka "Abulon", Contreras, and Reyes. Quines son los narcojuniors en los que est basada la historia . Miranda was granted "use immunity" for giving the statement. Defense counsel was provided for Mr. Cruz Vasquez identifies himself as a member of the AFO and states that in March, 1996, he had several visitors to his home, including Respondent Valdez, Martinez, and co-extraditee Alfredo Hodoyan Palacios. You can explore additional available newsletters here. En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue . Discovery is not available in extradition proceedings. As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. [23] Cruz made several statements relative to this matter. Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. The Court denied the motion.[3]. Respondent also cites Title 18 U.S.C. The testimony of Miranda, taken by Assistant United States Attorney Curiel, corroborates the substance of the evidence collected at the *1228 scene and statements by non-involved witnesses. 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. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. 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 court, for reasons explained below, grants the petition, finding the detainee extraditable. 1280 (D.Mass.1997) but reversed on appeal. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. There was no mention of the lost eye in the medical exam performed by the Republic of Mexico or during the court proceedings where the alleged recantation took place. ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. 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. Date published: Mar 20, 2013. The government's request for the stay was denied sustaining Respondent's objection and request to proceed. 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. In fact, in the statement to the district judge on October 2, 1996, Mr. Soto indicates that he has no physical defects.