For this reason, Respondent's challenge in this regard is denied. The 33-year-old Mexican . The court, for reasons explained below, grants the petition, finding the detainee extraditable. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. [47] Alejandro's testimony also implicates his brother concerning the involvement with the AFO, which relates to the pending extradition of Alfredo Hodoyan-Palacios, 96mg1828(AJB). 1992); Fed.R.Evid. 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. Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). Cruz also said he transported weapons used in Ibarras slaying. There, Valdez told the group, "`The Baby' paid me off. Respondent's request for discovery is denied. It was not until October 2, 1996 that Soto described the alleged torture to the judge in Mexico. Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980). denied, 454 U.S. 894, 102 S. Ct. 390, 70 L. Ed. 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. Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. No mention of torture or physical abuse is made. An extradition hearing is not a criminal proceeding and the person whose return is sought is not entitled to the rights available in a criminal trial at common law. Columna. QUIERE LIBERTAD, DEBE VIDAS. Ejecutivo Mercantil Autr. Under 18 U.S.C. 3184, et seq. Cruz describes his mistreatment and torture at the hands of the Mexican authorities. narcoseries Netflix. 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 . emilio valdez mainerospiral pattern printing in c. phillies front office salaries 534 (1902). All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. Hodoyan haba estudiado en una . LOS NARCOJUNIORS. *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. 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. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge *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. The March 3, 1997 date is taken from the first line of the document. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. [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). 290 Brought to you by Free Law Project, . See footnote 25. 5.1 is denied. *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . Respondent also offers, as evidence to defeat probable cause, recantations by Cruz and Soto relative to the earlier statements[36]. Specifically, the tape of the interview with Miranda, all notes and interview sheets, and documentation concerning Assistant United States Attorney Curiel's agency on behalf of Mexico. Emilio Valdez Mainero declara que en mayo de 1992, l, Arturo "Kitty" Pez Martnez, Fabin Martnez Gonzlez "El Tiburn", David Barrn Corona y Jorge Alonso, fueron a buscar para matarlo, a Ricardo Olmos; que despus que lo localizaron como usuario de un taxi, se emparejaron al vehculo y Valdez y Barrn descendieron del . Background. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. 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. 3184. [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. California. Citations Copy Citation. 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. at 952. A full review of the evidence, however, is the provence of the trial court in the requesting nation. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. BATTAGLIA, District Judge. 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. The Secretary of State makes the ultimate decision on whether to surrender the Respondent. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. 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. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. 577 (1901). This evidence is clearly contradictory and inadmissible under Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. Quinn v. Robinson, 783 F.2d 776, 789, 790 (9th Cir.1986). 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. [27] Soto actually made a series of statements relative to this matter. Mexican prosecutors persuade California courts to send Alfredo Hodoyan Palacios and Emilio Valdez Mainero, alleged paid killers for a vicious drug ring based in Tijuana, back to Mexico to face . This element was not challenged by the Respondent. 956 (1922), In re Locatelli,468 F. Supp. 448 (1901). Respondent's reliance upon Article 11, Paragraph 3, is misplaced. [41] All of these individuals are described as "prisoners" in the statement. Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. (3) Fausto Soto Miller. Gill v. Imundi,747 F. Supp. [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. An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. 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.]" Treaties, by design, live well beyond the administration involved in their enactment. [5] This Declaration is filed in Case No. 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. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). United States District Court, S.D. Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. [19]Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. Background. [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 stated that the murder took place the first part of April 1996, at the Holiday Inn in Toluca. 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. Under United States law, (i.e., California Penal Code 187-199) murder is unlawful and similarly defined. United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). The court, for reasons explained below, grants the petition, finding the detainee extraditable. In re Petition of France for Extradition of Sauvage,819 F. Supp. Magistrate No. Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). 896 (S.D.Cal.1993). An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. Ramn y Arturo se la pasaban en fiestas y en una de conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales. 96-1798-M. United States District Court, S.D. [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. 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"). Informacin de El Universal. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. The power to make treaties is constitutionally invested in the executive branch of the United States government. Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. ``Take out your AK-47, and you are going to (expletive) him right now.. As indicated previously, the extradition hearing is not a trial, nor a criminal proceeding providing respondent with rights available in a criminal trial at common law. Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor.