Again, no more precise recantation of the specific events exists. 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. Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. 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. California. The suggestion of torture is certainly present in the record. 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. There is no prohibition against hearsay in the extradition context because the Federal Rules of Evidence, which proscribe hearsay, do not apply to extradition. 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. 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. 5.1 is without authority and is unavailable in any event under prevailing authority. is indoor ice skating safe during covid; most common super bowl final scores; lynette woodard spouse; reelfoot lake fishing guides; emilio valdez mainero. Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. A certified copy of the extradition Treaty between the United States of America and Mexico of May 4, 1978 *1217 (TIAS 9656) was submitted by the United States in support of its position that the Treaty is presently in full force and effect. Valdez shot and killed Gallardo as well as Sanchez who happened to be in the corridor at the time of Gallardo's murder. [45] The physical injuries to Cruz are certainly suspicious in this regard. The precedent of the long line of cases discussed above, supports the proposition that the consideration of a "humanitarian exception" should be left to the Department of State where it rightly belongs. [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. 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 . 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 papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. In fact, in the statement to the district judge on October 2, 1996, Mr. Soto indicates that he has no physical defects. They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. Homicide is an extraditable offense under Article 2(1) and Appendix Part 1 of the treaty. 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. January 1997: Hodin Gutierrez Rico, a . Mexico more correctly characterizes the Ruiz statement as a summary of statements by Seargent Ruiz. 18 U.S.C. Nobody threatens my brother because the moron who does it, dies.". Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. at 1450-1451. The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. 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. [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). 448 (1901). In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. 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. 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. 1997). Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. 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. 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. R.Crim.P. In Gallina, commissioner found the appellant subject to the extradition in Italy. [5] This Declaration is filed in Case No. Mr. Valdez became a top operative in the organization, arranging drug . 442 (S.D.Cal.1990). Valdez then smiled and announced, "The Baby paid me off. 2d 455 (1972). *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. 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 purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. The extradition request and supporting documents are admitted into evidence during the hearing and the post hearing submissions are properly authenticated or otherwise admissible within the discretion of the Court. denied, 405 U.S. 989, 92 S. Ct. 1251, 31 L. Ed. Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. 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. 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. Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). In the Matter of the Extradition of Contreras,800 F. Supp. 568 (S.D.N.Y.1979). 611 (S.D.N.Y.1985). In re Sindona,450 F. Supp. 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. Los narcojuniors reales de Tijuana. This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. 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. He later was charged with several murders, including Ibarras. [38] These are the same statements offered in this matter to support the request for extradition. Publicado: 5/6/2021 7:10:25 PM. Respondent was identified in statements of alleged co-conspirators Fausto Soto Miller, aka "Joel Fierro," "El Chef" or "El Cocinero" (hereinafter "Soto");[22] Cruz; Gilberto Vasquez Culebro, aka "El Gorras" or "El Cachuchas" (hereinafter "Vasquez"); as well as witnesses, Alejandro Enrique Hodoyan Palacios, (hereinafter "Alejandro"); and, Gustavo Miranda Santacruz, (hereinafter "Miranda") with involvement in a host of criminal activities on behalf of the Arellano Felix organization and in particular with the shooting of Gallardo and Sanchez. Extradition of Kraiselburd, 786 F.2d 1395, 1399 (9th Cir.1986). Respondent's discovery request in this regard is denied. 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. United States v. Kin-Hong, 110 F.3d 103 (1st Cir. Mr. Vasquez states that the individuals acted suspiciously and carried long and short range firearms. Finally, the United States submits evidence in the form of statements attributed to Respondent related to the disappearance and murder of Alejandro by the AFO and the organizations efforts to effect a recantation of Alejandro's November 30, 1996 deposition. 40). 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." R.Crim.P. 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. 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 . But federal prosecutors said that the information is valuable for this case and others, and that the mens credibility is proved by the way their stories fit together. 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. 000012 dated January 3, *1213 1997. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. 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). Background. Lastly, there is no authority that requires a magistrate judge to compel disclosure of explanatory information. 1136 (1916). Cruz describes his mistreatment and torture at the hands of the Mexican authorities. In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. The court, for reasons explained below, grants the petition, finding the detainee extraditable. On September 30, 1996, the United States Attorney's Office for the Southern District of *292 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").
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