emilio valdez mainero

EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . The Court finds that the videotapes do show a cooperating witness. 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. *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. The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. 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 . [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. Soto recounted another incident in March, 1995, during which he was told by members of the AFO that Valdez and others participated in the assassination of a man named "Endir" who was the cousin of Manolo Rico. At the time, Emilio Valdez Mainero, a member of the Arellano Flix cartel, said in a bugged conversation with a inmate-turned-informant that he wanted to kill Curiel. The "recantations" from Cruz and Soto are in the form of testimony before a judge of the First District of Federal Criminal Proceedings in the State of Mexico. *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. [25] Miranda testified based upon his acquaintance with the individuals described in his statement, his personal presence at various of the events and circumstances described and conversations with the involved individuals. Quinn v. Robinson, 783 F.2d 776, 789, 790 (9th Cir.1986). In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. He also stated that it was Valdez who assigned him the code name "F7". The power to make treaties is constitutionally invested in the executive branch of the United States government. There is no prohibition against hearsay in the extradition context because the Federal Rules of Evidence, which proscribe hearsay, do not apply to extradition. 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. 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. 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. But federal prosecutors said that the information is valuable for this case and others, and that the mens credibility is proved by the way their stories fit together. He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. The proper authority for the political decision here is, of course, the Secretary of State. It was not until October 2, 1996 that Soto described the alleged torture to the judge in Mexico. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. "El Lobo" tambin fue capturado en los Estados Unidos junto con el tijuanense Emilio Valdez Mainero "El Radioloco", ambos extraditados a Mxico en enero de 1998 y tambin remitidos a Almoloya de Jurez. Valdez _ the godfather of one of the Arellanos children _ was arrested in September in Coronado, Calif. An extradition hearing began Thursday for Valdez and another man. Mr. Valdez became a top operative in the organization, arranging drug . The suggestion of torture is certainly present in the record. [38] Specifically, Cruz was charged with homicide and Soto was charged with possession of various *1224 weapons, and a narcotics related offense (possession of marijuana). Mr. Valdez was referred to as "El Cabezon", "C.P. [21] This evidence is certified by the principle diplomatic or counsular officer of the United States in Mexico and is received into evidence pursuant Article 10(6) of the Treaty and 18 U.S.C. When arrested, Gallardo said that the marijuana belonged to Benjamin Arellano Felix, which caused the issuance of an arrest warrant for Benjamin Arellano Felix. 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. Respondent's reliance upon Article 11, Paragraph 3, is misplaced. 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. The Ninth Circuit recognizes that barring hearsay from extradition hearings would thwart one of the objectives of bilateral extradition treaties by requiring the requesting nation to send its citizens to the extraditing country to confront the accused. 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. Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. Columna. The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. He states that the reason that Gallardo was murdered was because he had allowed "Chapo Guzman" into the territory of Tijuana to deal drugs and push out Benjamin Arellano Felix. 534 (1902). "El Lobo" tambin fue capturado en los Estados Unidos junto con el tijuanense Emilio Valdez Mainero "El Radioloco", ambos extraditados a Mxico en enero de 1998 y tambin remitidos a Almoloya de Jurez. Argument, inference and innuendo is all that has really been presented here. In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. emilio valdez mainero. 5.1 is without authority and is unavailable in any event under prevailing authority. 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 murder and conspiracy offenses, above described, survive the Respondent's challenge. 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"). 23. Mexico does acknowledge that there is an investigation ongoing concerning the actions of General Rebollo and his associates, and that the investigations include the "possible" unlawful detention of suspects. 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). No case authority is offered on this issue. There, Valdez told the group, "`The Baby' paid me off. 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. [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. His body was found in Osmun Lake in Pontiac on June 7, 2018 but no arrests were made until April 8 of this year. 1103. 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]. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. Based on case authorities Respondent's Motion in this regard is denied. 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. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. [21] The real issue in this proceeding is whether or not there is probable cause to establish that Respondent was one of the perpetrators. 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. If the drafters of the Treaty had intended the judicial officer to consider the admissibility and weight of the evidence under the law of the requesting party (i.e. All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. Lastly, there is no authority that requires a magistrate judge to compel disclosure of explanatory information. In re Sindona,450 F. Supp. 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. 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. Court documents say the threat against assistant U.S. Atty. The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. In fact, it is the United States, on behalf of the Republic of Mexico, that is the moving party in this proceeding, pursuant to the subject Treaty. Magistrate No. 290 Brought to you by Free Law Project, . When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. En 1995, su reinado lleg a su fin. de Sicor 1 Acdo. 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. Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. On October 22, 1997, the Court issued an Order directing the United States Attorney to produce photographic evidence referenced in witness statements and related to the issue of the identity of Respondent. 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. He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. 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. [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. 33) which is similarly denied for the reasons stated. There was no mention of the lost eye in the medical exam performed by the Republic of Mexico or during the court proceedings where the alleged recantation took place. Nobody threatens my brother because the moron who does it, dies.". In Matter of Extradition of Lui Kin-Hong,939 F. Supp. As a result, the Court finds Treaty compliance in this respect and denies Respondent's request for release on this basis. 1136 (1916). Valdez shot and killed Gallardo as well as Sanchez who happened to be in the corridor at the time of Gallardo's murder. In the Matter of the Extradition of Contreras,800 F. Supp. The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. United States v. Manzi, 888 F.2d 204, 206 (1st Cir. [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. The two perpetrators escaped in a white Volkswagen. The statements attributed to Respondent Valdez from the wiretape surveillance,[35] result in a finding that Alejandro's March 3, 1997 declaration and personal notes were contrived and are unreliable. *1225 Seargent Ruiz' statement appears to confirm Soto's statement that he was arrested prior to the September 27, 1996 date set forth in the statements made to the Mexican authorities. Support for its origin is suggested from a New York Times article[40]. 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. 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. No case authority is offered in this regard. Id. 18 U.S.C. Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. Mexico also takes the position that the statement is inaccurate and not properly certified or executed. Buscar. These statements are also corroborated in significant part by Alejandro's declaration. These issues were analyzed under that premise. Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." The principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. California. 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. 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. at 952. 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. 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. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. E. Alejandro Enrique Hodoyan Palacios On November 30, 1996, Alejandro Enrique Hodoyan Palacios (hereinafter "Alejandro") gave a deposition at the office of the Attorney General of the United States of Mexico. De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . Los narcojuniors reales de Tijuana. [22] The individuals related to this case are often referred to in the evidence by nicknames. Quines eran los narcojuniors reales de Tijuana? 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. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. 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. ``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. Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. *291 Michael Pancer, Law Office of Michael Pancer, San Diego, CA, for Emilio Valdez Mainero. 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). 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. 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. Id. 568 (S.D.N.Y.1979). Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. 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.

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