The proper authority for the political decision here is, of course, the Secretary of State. [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. A full review of the evidence, however, is the provence of the trial court in the requesting nation. Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. 577 (1901). *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. Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . United States v. Valdez-Mainero. 25. 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. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . Quines eran los narcojuniors reales de Tijuana? Emilio Valdez Mainero (Valdez) and Alfredo Hodoyan Palacios (Hodoyan) were certified as extraditable to Mexico on charges of murder and criminal association with the Arellano Felix drug trafficking organization (AFO). No mention of torture or physical abuse is made. Miranda also identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74. The record is overwhelming with eyewitness testimony,[20] autopsies and physical evidence from the scene to establish these facts. 1136 (1916). 50). The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. Informacin de El Universal. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. SAN DIEGO (AP) _ Ernesto Ibarra Santes, the federal police commander in Tijuana, Mexico, fearlessly vowed to topple a vicious drug organization that controls the busiest cocaine corridor into the United States. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. The Ninth Circuit held that "[t]his contention lacks merit because under general extradition of the United States and under the provisions of Treaty, the hearsay statements Keller summarized in his affidavit are competent evidence." 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. Fed.R.Evid. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. 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. Lastly, there is no authority that requires a magistrate judge to compel disclosure of explanatory information. Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. It is argued that Vasquez suffered similar mistreatment at the hands of the Mexican authorities and had recanted the statement attributed to him in Mexico's case in chief. Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities. He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. See footnote 10. 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. Columna. ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. Ante una posible enfermedad terminal, Benjamn Arellano Flix pretende obtener una liberacin humanitaria, y no pagar la pena de 25 aos de prisin en Estados Unidos. United States District Court, S.D. [45] The physical injuries to Cruz are certainly suspicious in this regard. Additionally, it is not the business of the United States Courts to assume responsibility for supervising the integrity of a judicial system of another sovereign nation; such an assumption would directly conflict with the principal of comity on which extradition is based. Based on the above evidence, this Court finds that there is probable cause to believe that Valdez committed the crime of criminal conspiracy as alleged in the extradition request. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. 3184, et seq. [41] All of these individuals are described as "prisoners" in the statement. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, p. 55, lines 17, et seq., Docket No. In re Petition of France for Extradition of Sauvage,819 F. Supp. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. [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. Respondent does not dispute that the Treaty requirements have been met with regard to these items with three exceptions. [43] The balance of the evidence, as noted, does not lead to the conclusion that Alejandro was under duress, nor, that the November 30, 1996 deposition is unreliable. [20] i.e. The limitations of the judicial review at this stage of the proceedings, however, should not be an excuse to admit evidence presented without apparent foundation or any independent indicia of trustworthiness. [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. 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. Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. 970 (1925); the probable cause is sustained if competent evidence to establish reasonable grounds is presented, not necessarily evidence competent to convict. 830 (1911). The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. Valdez then smiled and announced, "The Baby paid me off. 96-1798-M. United States District Court, S.D. Respondent urges that this Court decline extradition based upon a "humanitarian exception" in that he is likely to be tortured based upon his alleged relationship to the Arellano-Felix brothers. At approximately 9:30 p.m. Valdez and Martinez encountered Gallardo whom Valdez planned to assassinate. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. 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. Under United States law, (i.e., California Penal Code 187-199) murder is unlawful and similarly defined. No charges have been filed against Anaya, and he denies the allegations. Quines eran los narcojuniors reales de Tijuana? On September 30, 1996, the United States Attorney's Office for the Southern District of 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"). By Molly Moore. Matter of Extradition of Koskotas, 127 F.R.D. Court documents say the threat against assistant U.S. Atty. 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 . 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. 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. 96mg 1828(AJB). These issues were analyzed under that premise. He later was charged with several murders, including Ibarras. 00:15. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . 18 U.S.C. The request for discovery regarding Miranda was also submitted in RESPONDENTS SUPPLEMENTAL SUBMISSION RE: EXTRADITION AND REQUEST FOR DISCOVERY filed June 26, 1997 in Case 96-1828 (Docket No. 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 . Quinn v. Robinson, 783 F.2d 776, 789, 790 (9th Cir.1986). California. 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). 5.1 is denied. Nobody threatens my brother because the moron who does it, dies.". EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 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. 611 (S.D.N.Y.1985). one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. [30] Respondent's Exhibits H, I and J, respectively, docket No. QUIERE LIBERTAD, DEBE VIDAS. 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. Again, no more precise recantation of the specific events exists. [22] The individuals related to this case are often referred to in the evidence by nicknames. 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. Defense counsel was provided for Mr. Cruz Vasquez identifies himself as a member of the AFO and states that in March, 1996, he had several visitors to his home, including Respondent Valdez, Martinez, and co-extraditee Alfredo Hodoyan Palacios.
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