January 1997: Hodin Gutierrez Rico, a . 44). When he appeared in court, the judge also noted, on the record, residual signs of physical injury. In the Matter of the Extradition of Contreras,800 F. Supp. Bingham v. Bradley,241 U.S. 511, 36 S. Ct. 634, 60 L. Ed. The holding in Gallina, however, offers no support for Valdez' claim. They are: (1) Ministerial Statement of September 27, 1996, at 1140 a.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor, in Guadalajara, Mexico; (2) Additional Ministerial Statement of September 27, 1996, at 6:30 p.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor, in Guadalajara, Mexico; (3) Additional Statement of September 30, 1996, at 9:00 p.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor in Mexico City, Mexico; and. 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. [9] See ORDER DIRECTING THE FILING OF ADDITIONAL EVIDENCE filed October 23, 1997 (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. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. 3184, et seq. The two perpetrators escaped in a white Volkswagen. BATTAGLIA, United States Magistrate Judge. [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". R.Crim.P. [17] Article 9(1) provides in pertinent part, "the executive authority of the requested party shall have the power to deliver them up if, in its discretion, it is deemed proper to do so". (3) Fausto Soto Miller. 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. Anecdotes from the AFO (Ramon and Benjamin). I may have the - reddit "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. In fact, in the statement to the district judge on October 2, 1996, Mr. Soto indicates that he has no physical defects. 2d 496 (1990). En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue . 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.Ms tarde contactaron . Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge Fausto Soto Miller presented [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). (5) Gilberto Vasquez Culebro. The signs of injury included 16 irregularly circular scars, 17 circular scars and 3 small scars on the chest as well as a hematoma to the upper base of the nose and a circular bruise on the right chin. MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). United States v. Valdez-Mainero - casetext.com 990 F.Supp. 1208 (S.D.Cal. 1997), 96MG1798, Extradition of Mainero [19]Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. [2] The warrant was issued on a Complaint charging Respondent with carrying a firearm exclusively reserved for the military in violation of Articles 160 and 162, paragraph 3, Criminal Code for the Federal District. Emilio Valdez passed away Saturday, August 31, 2019. (7) Evidence which, in accordance with the laws of the requested party, would justify the apprehension and commitment for the trial of the person sought if the offense had been committed there, (i.e., probable cause). En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. October 21, 1996. Respondent also asserts that not only have the governing administrations changed in Mexico and the United States since the 1978 signing of the Treaty, but the purpose and intent of the parties is materially different from what it was at the time the Treaty was signed. Officials Link Ensenada Massacre to Drug Feud - Los Angeles Times 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 Federal Rules of Criminal Procedure and the Federal Rules of Evidence are not applicable in extradition proceedings. In support of its extradition request on the charge of criminal conspiracy, Mexico has provided, among other things, the following sworn, certified and authenticated witness statements which detail Valdez' membership and participation in the Arellano Felix drug trafficking organization: (1) Gerardo Cruz Pacheco aka "Capitan". Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . *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. Id. The March 3, 1997 date is taken from the first line of the document. In Matter of Extradition of Lui Kin-Hong,939 F. Supp. Emilio Valdez Mainero met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. 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). 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. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. [21] The real issue in this proceeding is whether or not there is probable cause to establish that Respondent was one of the perpetrators. Respondent's reliance upon Article 11, Paragraph 3, is misplaced. 526/2019. Nobody threatens my brother because the moron who does it, dies.". 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. Id. 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. Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities. 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. The personal notes and translation were offered to corroborate the declaration and the explanatory evidence with regard to Alejandro's testimony. [20] i.e. United States v. Manzi, 888 F.2d 204, 206 (1st Cir. 2d 61 (1970). 611 (S.D.N.Y.1985). 563, 572 *1219 (S.D.N.Y. 2d 74 (1960), as the case that establishes the possibility of a "humanitarian exception" based on the "federal court's sense of decency." 18 U.S.C. 672, 685 (S.D.N.Y.1978), aff'd, 619 F.2d 167 (2d Cir.1980), citing Collins, supra, 259 U.S. at 316. The others in the navy blue Cutlass also left the Holiday Inn and caught up with the white Volkswagen at the village of San Mateo Atenco. 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. This finding could be based upon the testimony of Miranda and Alejandro, alone. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. 1980), the court refused to decide whether the accused might be tortured or killed if surrendered to the requesting nation because this argument raised an "issue that properly falls within the exclusive purview of the executive branch" Id. 1101(d) (3); and Fed. [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. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . mayo 9, 2022. 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. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. The documents were filed by Mexican authorities seeking extradition of two men -- Emilio Valdez Mainero, 32, and Alfredo Hodayan Palacios, 25 -- alleged to be hit men for the Arellano Felix brothers. See footnote 10. Alejandro, who is the brother of extraditee Alfredo Miguel hodoyan Palacios aka "Lobo",[28] stated that his brother told him that Valdez and Martinez had participated in the murder of Gallardo at the Holiday Inn Hotel in Toluca. Hodoyan haba estudiado en una . 1136 (1916). ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. 290 (S.D.Cal.1996). Ramn Arellano Flix: As se vea Bad Bunny como parte de narcojuniors 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. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. Tambin se encontraban en este grupo 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. 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. Judge Attacked By Trump Has Long History of Serving His Country According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. "The rationale is that such matters are to be determined solely by the executive branch." Galanis v. Pallanck, 568 F.2d 234 (2d Cir.1977); Sayne v. Shipley, 418 F.2d 679 (5th Cir.1969) cert. 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. 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. 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. LOS NARCOJUNIORS. View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. 2d 208. Los narcojuniors reales de Tijuana. emilio valdez mainero. A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. Date published: Mar 20, 2013. A great number of questions exist, and many questions remain unanswered in this case. Respondent also challenges compliance with the Treaty, and urges his release in these proceedings, relative to the "late filing" of certified documents in this case. 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 . In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. Background. Kitty Pez, el narcojunior real que interpreta Bad Bunny en "Narcos denied, 364 U.S. 851, 81 S. Ct. 97, 5 L. Ed. is indoor ice skating safe during covid; most common super bowl final scores; lynette woodard spouse; reelfoot lake fishing guides; emilio valdez mainero. Support for the reliability of Soto's "recantation" (and by inference the other recantations) is offered by Respondent in an unsigned and uncertified declaration of First Seargent Vicente Ruiz Martinez, submitted on June 30, 1997 at the extradition hearing. narcoseries Netflix. In Matter of Extradition of Pazienza,619 F. Supp. 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. 28). 5.1 is denied. 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. 39); and, SUPPLEMENTAL ORDER DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 12, 1997 (Docket No. In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. [13] The diplomatic note related to the initial firearms charge[14] and the criminal association charge. ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. 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. Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. 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.]" Matter of Extradition of Mainero, 950 F. Supp. 290 (S.D. Cal. 1996) [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. The Ninth Circuit has labeled the above statement from Gallina as speculation. There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. [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. Miranda added that the motivation for assassination was that Gallardo had threatened Gabriel Valdez Mainero (Emilio Valdez Mainero's brother) with a firearm.[26]. Ahora me siento segura ya que me entero inmediatamente de todo lo que sucede, inclusive antes que mi abogado y que el abogado de . EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. ), affirmed as modified, 478 F.2d 894 (2d Cir.1973) the court stated in part: The magistrate judge conducting the extradition proceeding has wide latitude in admitting evidence. [15] The Treaty, in Article 11, and 18 U.S.C. As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. 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. 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. Publicado: 5/6/2021 7:10:25 PM. ``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. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. 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. Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. Emilio Valdez - Lake Ridge Chapel & Memorial Designers Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. Extradition of Mainero, Matter of, 950 F. Supp. 290 | Casetext Search 1462, 1469 (S.D.Tex.1992). Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. emilio valdez mainero - reyasroom.com Tijuana Scions of Privilege Alleged to Be Drug Hit Men 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. Quines son los narcojuniors reales de Narcos Mxico 3? 12). 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. The various activities included a number of incidents of transportation of illegal drugs and homicide. As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. Emilio Ricardo Valdez Mainero Exp: 526/2019 - PoderJudicialVirtual.com
Kingston Clan Documentary,
What Do Peppermint Peach Taste Like,
Martha Speaks Voice Actress,
Articles E
