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. El Lobo was captured in the United States together with Emilio Valdez Mainero "El Radioloco", they were extradited to Mexico in January of 1998 and also sent to Altiplano at Almoloya de Juarez. 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. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge Homicide is an extraditable offense under Article 2(1) and Appendix Part 1 of the treaty. 18 U.S.C. View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. Support for its origin is suggested from a New York Times article[40]. The request for a provisional arrest is based, in significant part, upon the existence of a warrant for the fugitive's arrest issued in the district of the authority making the request and charging the fugitive with a commission of crime for which his extradition is sought to be obtained. *291 Michael Pancer, Law Office of Michael Pancer, San Diego, CA, for Emilio Valdez Mainero. He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". It is asserted that the videotapes demonstrate Alejandro's demeanor and rebut the assertion that Alejandro testified as a result of any torture or duress. October 21, 1996. *1220 At approximately 9:30 p.m., Cruz, who was about twenty meters away from the entrance of the Holiday Inn heard several firearms shots. 956 (1922). Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. Emilio Valdez Mainero met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. Los jvenes que cayeron en las garras de los hermanos Arellano Flix fueron: Emilio Valdez Mainero, hijo de un guardia presidencial, Alfredo Hodoyan Palacios, hijo de un empresario, Eduardo Len, los hermanos Endir y Henain Meza Castaos, Gustavo Miranda Santa Cruz y Fabin Martnez. En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue . [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. Since the evidence was undisputed it is not detailed extensively herein. Hearsay evidence is admissible on behalf of the Respondent to establish the "obliteration" of probable cause. [25] While there is no corroborating evidence outside of this declaration itself, that Mr. Curiel was in fact an agent of Mexico under the mutual legal assistance treaty, nor was a copy of that treaty provided, this evidence is received over respondents objection and pursuant to Article 10(6) of the Treaty and 18 U.S.C. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). [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]. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. Cruz declared that the group told him of multiple murders that they, including Valdez, had committed because the "boss was angry", referring to Ramon Arellano Felix. ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. 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. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. (4) Preparatory Statement of October 2, 1996, at 6:00 p.m. before the District Judge of the Federal Criminal Proceedings in the State of Mexico, at the Federal Center for Social Rehabilitation Number 1, in Judicial Proceedings Courtroom Number One. 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. 18 U.S.C. 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. Judge Attacked By Trump Has Long History of Serving His Country No case authority is offered on this issue. The personal notes and translation were offered to corroborate the declaration and the explanatory evidence with regard to Alejandro's testimony. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. See footnote 25. Another Mexican, questioned by prosecutors while in the intensive care unit of a San Diego hospital, said the hit on the 50-year-old Ibarra was planned carefully by Arellano organization members. The court, for reasons explained below, grants the petition, finding the detainee extraditable. [31] See discussion at page 1213, line ___, et seq. [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. The March 3, 1997 date is taken from the first line of the document. We will gather for a memorial service and viewing at 6:00 p.m. Friday, September 6, 2019 followed by a visitation at Lake Ridge Chapel and Memorial Designers. (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. When he appeared in court, the judge also noted, on the record, residual signs of physical injury. 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. 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. 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. 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 . 20, 2013) From Casetext: Smarter Legal Research. Case Number: 97CR2149 JM (S.D. 934 (D.Mass.1996). 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. Publicado: 5/6/2021 7:10:25 PM. 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. Mexico more correctly characterizes the Ruiz statement as a summary of statements by Seargent Ruiz. Si te preguntas quines son en la vida real los llamados narcojuniors de Narcos Mxico, serie de Netflix, se trata de al menos tres de los jvenes de familias acomodadas en Tijuana, Baja California, que se involucraron en temas de drogas y en especial con el Crtel de los Arellano Flix.Entre ellos, El Kitty Arturo Everardo Pez y los hermanos Hodoyan. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. There is no corroborating evidence regarding the source, however. No mention of torture or physical abuse is made. 50). 1462, 1469 (S.D.Tex.1992). NARCOTRAFICO: DETENCIONES DE 1RA GENERACION DEL CAF - Blogger This is part of the framework created by case law in these proceedings. A great number of questions exist, and many questions remain unanswered in this case. Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. The witnesses all identify Respondent as the perpetrator in these regards. Treaties, by design, live well beyond the administration involved in their enactment. 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. 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 . Get free access to the complete judgment in MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. 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. 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. Respondent's discovery request in this regard is denied. 000012 dated January 3, *1213 1997. La historia detrs del ingreso de Bad Bunny a "Narcos: Mxico" - Mag. Cruz also said he transported weapons used in Ibarras slaying. Matter of Extradition of Mainero, 990 F. Supp. 1208 (S.D. Cal. 1997) El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix "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. Ejecutivo Mercantil Autr. Los narcojuniors reales de la serie 'Narcos Mxico 3' 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. Los narcojuniors . A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. The Court finds that the videotapes do show a cooperating witness. 1 Since there is no right of appeal from extradition orders, Valdez and Hodoyan filed petitions for writs of habeas corpus in . Covid-19 Mxico: Suman 218 mil 173 muertes y 1 milln 879 mil 713 personas se han recuperado | Cifras El director general de Epidemiologa, Jos Luis Aloma Zegarra, inform que se registran 21 mil 224 casos activos en el pas; se han aplicado 19 millones 951 mil 121 dosis aplicadas.. The credible evidence, satisfies Mexico's burden in this respect[44]. The environment where the deposition was taken is not suggestive of any coercive circumstances. 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. The certificate is forwarded to the Department of State. mayo 9, 2022. 253 (1910); Rice v. Ames,180 U.S. 371, 21 S. Ct. 406, 45 L. Ed. (2) Gustavo Miranda Santacruz. Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. Recanting statements are relevant as they affect probable cause, but a showing that the prior statement is coerced and that indicia of reliability is on a subsequent recantation is the appropriate point of analysis on this issue.
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