No mention of torture or physical abuse is made. Quines eran los narcojuniors reales de Tijuana? Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. The Ninth Circuit has labeled the above statement from Gallina as speculation. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. Specifically, Respondent submits that the Treaty is invalid because the use of torture in Mexico in obtaining evidence, including the evidence in this matter, is contrary to the law of the United States. [37] These statements were taken in open Court, at the time that Cruz and Soto were arraigned on charges filed against them by the Republic of Mexico and based upon the statements given to the public prosecutor. On the other hand, the formal statements of Soto and Cruz have significant detail concerning the personal background of the witnesses and the specifics of the offenses and related matters. Ultimately, the United States sought to stay the proceedings for an additional ninety (90) day period. Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. The videotapes clearly demonstrate Alejandro's demeanor. [45] The physical injuries to Cruz are certainly suspicious in this regard. In re Petition of France for Extradition of Sauvage,819 F. Supp. The charge related to the 1994 event has been abandoned. 371. United States v. Taitz, 130 F.R.D. Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. 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. (5) The facts and the personal information of the person sought which will permit his identification and, where possible, information concerning his location; (6) A certified copy of the warrant of arrest issued by the judge or judicial officer [in Mexico]; and. 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. No precise authority is offered in regard to this premise. Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. 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). You're all set! [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. I Background. 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. El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . 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. It is also alleged that Respondent was in charge of cocaine and marijuana shipments for the AFO and as a leading member of the organization, was responsible for assigning code names to the other members. [42] The response from Mexico indicates that closed proceedings related to General Rebollo are ongoing in Mexico and that Ruiz is a witness 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 Henain Meza Castaos, Gustavo Miranda Santa Cruz y Fabin Martnez. As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. 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. [21] The real issue in this proceeding is whether or not there is probable cause to establish that Respondent was one of the perpetrators. denied, 364 U.S. 851, 81 S. Ct. 97, 5 L. Ed. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. 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 . There is no evidence, however, in this regard. 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"). 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. 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. 290 (S.D.Cal.1996). These statements do not add a great deal to Mexico's case regarding this Respondent. The Department of States's opinion is entitled to deference. 611 (S.D.N.Y.1985). Get free summaries of new Southern District of California US Federal District Court opinions delivered to your inbox! Appellant then filed a writ of habeas corpus with the district court. These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. The court, for reasons explained below, grants the petition, finding the detainee extraditable. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. [13] The diplomatic note related to the initial firearms charge[14] and the criminal association charge. 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." The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. This resulted in the arrest of Valdez on September 30, 1996. Los narcojuniors reales de Tijuana. Soto acknowledges having signed the statement as well as affixing his fingerprints. [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. These issues were analyzed under that premise. [33] On June 19, 1997, Respondent filed a REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY requesting, among other things, that the Court "order the government to turn over any other relevant information which might help the detainee explain the `evidence' lodged against him" (Docket No. In fact, in the statement to the district judge on October 2, 1996, Mr. Soto indicates that he has no physical defects. Concerning the murder and firearms charge, it is alleged that on April 9, 1996, at approximately 9:30 p.m., in the restaurant at the Holiday Inn in Toluca, Mexico, Jesus Gallardo Vigil, aka "El Bebe", (hereinafter "Gallardo"), and Jesus Sanchez Angulo (hereinafter "Sanchez") were shot and killed by Respondent and Fabian Martinez Gonzalez, aka "Tiburon", (hereinafter "Martinez"). ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. Extradition of Kraiselburd, 786 F.2d 1395, 1399 (9th Cir.1986). De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. 3184, et seq. Treaties, by design, live well beyond the administration involved in their enactment. [30] Respondent's Exhibits H, I and J, respectively, docket No. In making this ruling, the Court of Appeals stated: After making its holding, the Gallina court did state that a case might occur in which the extraditee "would be subject to procedures or punishments so antipathetic to a federal court's sense of decency as to require reexamination of the [the general principle upholding extradition.]" Support for its origin is suggested from a New York Times article[40]. He also stated that it was Valdez who assigned him the code name "F7". 000012 dated January 3, *1213 1997. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. Cruz admitted his own involvement in the criminal activities of Valdez and the AFO and admitted that he was paid to assist them in killing the enemies of Ramon Arellano-Felix. 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. Emilio Valdez passed away Saturday, August 31, 2019. mayo 9, 2022. 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. 96-1798-M. United States District Court, S.D. Finally, the scope of admissible evidence in an extradition hearing is guided by the distinction between contradictory and explanatory evidence. Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. On July 29, 1997, Respondent filed a Motion to Reopen Evidence in this matter. 1996) on CaseMine. 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. 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. [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. Buscar. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. 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. In the Matter of the Extradition of Contreras,800 F. Supp. 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. There is no prohibition against hearsay in the extradition context because the Federal Rules of Evidence, which proscribe hearsay, do not apply to extradition. This document is submitted to be from the files in the prosecution of General Gutierrez Rebollo, by the Republic of Mexico, in Mexico. Another court has correctly characterized the above sentence from the Second Circuit as "dicta." In September of 2002, a Judge of the Federal Penal Processes in Mexico State found El Lobo, La Piedra and El Capitan guilty, and sentenced them all to . Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. 50). Background. 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. This is part of the framework created by case law in these proceedings. Hearsay evidence is admissible on behalf of the Respondent to establish the "obliteration" of probable cause. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. narcoseries Netflix. 526/2019. Respondent had indicated that a recantation by Vasquez would be filed, but no such document has been offered in evidence in this case. ``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. Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. 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. 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. 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. Demandado: Emilio Ricardo Valdez Mainero. 18 U.S.C. 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. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. A great number of questions exist, and many questions remain unanswered in this case. [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. There is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. The complaint . 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. For the reasons set forth in footnote 32 an extended analysis of the recantation is not set forth, nor is the recantation viewed any differently than those of Cruz and Soto. [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]. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. Fed.R.Evid. 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. Mr. Soto also provides a physical description of Respondent. 1462, 1469 (S.D.Tex.1992). However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. *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. 33. In the Matter of Extradition of Contreras,800 F. Supp. Through observation and discussion, he became privy to the knowledge set forth. The extradition proceeding is not a criminal trial nor is Respondent entitled to the rights available in a criminal trial at common law. 956 (1922). The . 2d 476 (1968), is also unpersuasive in this regard. Publicado: 5/6/2021 7:10:25 PM. *1226 In the final analysis, the Ruiz declaration is inadmissible given the lack of authenticity, certification or reliability and does little to support the recantations of Soto and Cruz. (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. LOS NARCOJUNIORS. Background. Aparte de Kitty 'Pez', los que formaron el grupo de los "Narcojuniors" fueron Emilio Valdz Mainero, hijo de un guardia presidencial; Alfredo Hodoyan Palacios, hijo de un importante empresario . Mr. Valdez was referred to as "El Cabezon", "C.P. The Court is not limited in its receipt of this evidence by virtue of the lack of certification. C. Fausto Soto Miller, aka "Chef" In his September 27, 1996[27] declaration before an agent of the Mexican Federal Public Prosecutor, Fausto Soto Miller, "Chef," (hereinafter *1221 "Soto") stated that he was aware of the personal problems between Valdez and Gallardo, arising out of a threat with a firearm against Gabriel Valdez made by Gallardo. The certificate is forwarded to the Department of State. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Argument, inference and innuendo is all that has really been presented here. 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. Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. (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. 534 (1902). Mexico also takes the position that the statement is inaccurate and not properly certified or executed. [27] Soto actually made a series of statements relative to this matter. 30), he requests discovery regarding the statement by Miranda. Where a prior statement is shown to be coerced and the indicia of reliability is on the recantation, then the subsequent statement negating the existence of probable cause is germane in an extradition proceeding. [20] i.e. 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. Defense counsel was provided for Mr. Soto for purposes of his testimony. 5.1 is without authority and is unavailable in any event under prevailing authority. [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . 448 (1901). See footnote 25. Fue en una de las celebraciones que conocieron a Emilio Valdez Mainero, el hijo de un coronel que en su momento fue miembro de los guardias presidenciales. Respondent also cites Title 18 U.S.C. 2d 208. [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. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. The contours do not lend themselves, nor invite the type of inquiry required to evaluate the humanitarian concerns of the magnitude suggested by Respondent. [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. Pursuant to an extradition treaty between Mexico and the United States, Treaty 31 UST 5059, TIAS 9656 ("Treaty"), and under federal laws supplementing and implementing such treaties, 18 U.S.C. You can explore additional available newsletters here. 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 . No. Otro de los reclutados fue Alfredo Hodoyan Palacios, quien era hijo de un empresario prominente en Tijuana. "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. The record is overwhelming with eyewitness testimony,[20] autopsies and physical evidence from the scene to establish these facts. In Shapiro v. Ferrandina,355 F. Supp. Criminal activity is defined as those who agree to or plan the crime, commit the crime themselves and/or commit the crime jointly with others (Article 13, Sections 1 through 3, inclusive). Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. Quines son los narcojuniors en los que est basada la historia . Arnbjornsdottir-Mendler v. United States, 721 F.2d 679, 683 (9th Cir. In response to this evidence, Valdez offers statements of Gabriel Valdez, Marci Ramirez Marin de Gonzalez and Eva Marin viuda de Pena. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. El recordado criminal perteneca a los Narcojuniors, una clula del crtel de Tijuana que sale a relucir en la nueva temporada de la serie de Netflix. The Department of Justice shall prepare a certification consistent with this memorandum as required by 18 U.S.C. 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]. [41] The statement of Francisco Cabrera Castro, aka "Piedras" is offered in the Extradition of Alejandro Hodoyan Palacios, 96mg1828 AJB. The recantations are little more than self-serving declarations at the time of "arraignment" on the charges based upon the statements given to the federal prosecutor. 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. 1103. 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. According to testimony given to Mexican authorities, the Arellanos _ led by brothers Benjamin, Ramon, Javier and Francisco _ have been able to coordinate major assassinations with the aid of the attorney general of Baja California, Jose Luis Anaya Bautista. 577 (1901). The evidence tying Valdez to the murder of Gallardo and Sanchez itself, given the numbers of other individuals involved, supports the criminal association charge. At approximately 9:30 p.m. Valdez and Martinez encountered Gallardo whom Valdez planned to assassinate.