emilio valdez mainero

Peter Lupsha, an expert on drug trafficking and former professor at University of New Mexico, said this case suggests that a corrupt Mexican government thwarted previous drug investigations. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Quines son en la vida real los narcojuniors de la serie Narcos 3? (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. Cruz declared that in April 1996, he received a message from Martinez instructing him to meet at the Glorieta del Angel at 6:00 p.m. At that location, Cruz met with Valdez, Martinez and Contreras. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. Est acusado de ser uno de los secuaces ms temidos de Arellano y se lo busca por asesinato en Mxico.Emilio Valdez Mainero era un compaero de juventud que Alex Hodoyn eligi, aos ms . *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. The Court's direction to the United States to request from Mexico a copy of the signed statement by Ruiz or other information confirming its authenticity and the actual arrest dates of the individuals involved has been met with a response that this information is not available. No case authority is offered in this regard. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. 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. [16] Further, it is not the responsibility of this Court to assess the probability that the requesting party will be able to secure a conviction. denied, 454 U.S. 894, 102 S. Ct. 390, 70 L. Ed. In re Petition of France for Extradition of Sauvage,819 F. Supp. It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). Mexico also takes the position that the statement is inaccurate and not properly certified or executed. 290 (S.D.Cal.1996). In the Matter of Extradition of Contreras,800 F. Supp. The record is overwhelming with eyewitness testimony,[20] autopsies and physical evidence from the scene to establish these facts. The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. 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. 371. Publicado: 5/6/2021 7:10:25 PM. Matter of Extradition of Koskotas, 127 F.R.D. 124 F.3d 1186, 1997 WL 624797 (9th Cir.). The Court is not required to decide guilt or innocence, but only determines whether there is competent legal evidence to justify holding the accused for trial in the charging country. They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. 24). [13] The diplomatic note related to the initial firearms charge[14] and the criminal association charge. 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). EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. 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. 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. 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. Mexico also cites the medical examination of Soto following the September 27, 1996 statements concluding that there were no traces of any recent physical wounds. No mention of torture or physical abuse is made. [6] See ORDER DENYING RESPONDENT'S MOTION TO REOPEN EVIDENCE AND DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 11, 1997 (Docket No. Valdez was ordered detained following arraignment. 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. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. 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. 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." 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. 1462, 1464 (S.D.Tex.1992). The testimony of Miranda, taken by Assistant United States Attorney Curiel, corroborates the substance of the evidence collected at the *1228 scene and statements by non-involved witnesses. "The rationale is that such matters are to be determined solely by the executive branch." 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 suggestion of torture is certainly present in the record. Quines son los narcojuniors en los que est basada la historia . En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue . They are under a compelled setting initiated by Mexican judicial authorities (as opposed to a self directed recantation by the declarants) and are no greater than a plea of not guilty when analyzed to similar proceedings under United States law. 834 F.2d 1444, 1453. Los narcojuniors . EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. The United States, in fact, complied with Article 11, Paragraph 3, by its initial filing of diplomatic note 001831, on November 25, 1996 with the U.S. Embassy in Mexico. LOS NARCOJUNIORS. Quines eran los narcojuniors reales de Tijuana? 526/2019. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. Prior to the June 30, 1997 evidentiary hearing on the extradition requests, there were numerous other filings by the United States and by counsel for the detainee as well as several status hearings. Respondent's discovery request in this regard is denied. [29] Clearly, Alejandro's testimony is based upon his personal knowledge derived from his acquaintance with Respondent and the other individuals named and his discussion and observations in their presence. From Pampered Sons To Hit Men? - The Seattle Times 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. Again, no more precise recantation of the specific events exists. The court, for reasons explained below, grants the petition, finding the detainee extraditable. In Emami v. United States, 834 F.2d 1444 (9th Cir.1987), Emami contended that Germany had presented no competent evidence upon which the district court could make a finding of extraditability because Germany relied on facts which prosecutor Keller related in his affidavit which consisted solely of inadmissible hearsay statements made by Emami's former patients and employees. There, Valdez told the group, "`The Baby' paid me off. 1989), cert. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. [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". The Federal Rules of Criminal Procedure and the Federal Rules of Evidence are not applicable in extradition proceedings. MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. 1996) Background. Respondent's role is alleged to have included, among other things, the planning and carrying out of assassinations of people perceived to be enemies of the AFO, including rival drug traffickers and law enforcement officials. La pequea y poco conocida . En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . If reliable, the recantations and the Ruiz statement would be evidence which would undermine the voluntariness of the statements offered by Mexico in their case in chief, and as a result, the evidence in support of probable cause for extradition. Background. 2d 455 (1972). A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. 3190. Miranda also identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. The Ruiz statement presents conflict with regard to dates of the arrest of some of Mexico's witnesses and is asserted to corroborate the use of torture in this case as well as create conflicts in Mexico's evidence in challenging the reliability of the evidence Mexico relies upon in this proceeding. [27] Soto actually made a series of statements relative to this matter. The physical description of Emilio Valdez Mainero, "El C.P." or "Cabeza de Perro," is the following: 30 years old, 1.77 or 1.76 meters, heavy build, white skin, short straight hair which . Get free access to the complete judgment in MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. 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. 568 (S.D.N.Y.1979). Bingham v. Bradley,241 U.S. 511, 36 S. Ct. 634, 60 L. Ed. Article 11, itself, cites that urgency to arrest and detain an individual supports this initial procedure. 1971), cert. In re Petition of France for Extradition of Sauvage,819 F. Supp. 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. No applicable authority was presented on this point and prevailing authority as set forth herein supports this ruling. 30), he requests discovery regarding the statement by Miranda. Tijuana Scions of Privilege Alleged to Be Drug Hit Men Matter of Extradition of Mainero, 990 F. Supp. 1208 - CourtListener Threats at the time were taken seriously, especially given the high profile murders of Tijuana's police chief in February 2000, followed shortly by the murder of Jose Patio . When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. California. 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. Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. Chapo Guzman gave marijuana to Gallardo so that he could move it into the United States, but afterwards, Chapo Guzman sent the Federal Police after him. Quin era en realidad 'El Kitty', narcojunior al que da vida Bad Bunny Elias v. Ramirez,215 U.S. 398, 30 S. Ct. 131, 54 L. Ed. The others drove in a white Volkswagen. The Ninth Circuit has held that self incriminating statements of accomplices are sufficient to establish probable cause in an extradition hearing. ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. Through observation and discussion, he became privy to the knowledge set forth. 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. Id. According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. [45] The physical injuries to Cruz are certainly suspicious in this regard. Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. Quines son los narcojuniors de Narcos Mxico en la vida real The 33-year-old Mexican . Extradition of Kraiselburd, 786 F.2d 1395, 1399 (9th Cir.1986). Collins v. Loisel,259 U.S. 309, 316, 42 S. Ct. 469, 66 L. Ed. Emilio Valdez passed away Saturday, August 31, 2019. Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. United States v. Taitz, 130 F.R.D. 3188 for a similar proposition. While the Court has wide latitude in admitting evidence, and hearsay evidence is admissible, the Ruiz statement is without any legally reliable corroborating or authenticating evidence in this case. Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. Finally, the scope of admissible evidence in an extradition hearing is guided by the distinction between contradictory and explanatory evidence. No case authority is offered on this issue. In that statement, Cruz was noted to have suffered multiple burns which were attributed to an incident several days before when he was inspecting the exhaust pipe of a vehicle. 18 U.S.C. Treaties, by design, live well beyond the administration involved in their enactment. "EL Lobo"Hodoyan of the CAF gains his freedom - Borderland Beat 20, 2013) From Casetext: Smarter Legal Research.

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