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These individuals left his home the following day for Mexico City in a light grey Spirit automobile. 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. [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. 24). *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. They are: (1) The Statement of October 12, 1996 at 1:00 a.m. in Mexico City; and. BATTAGLIA, District Judge. 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. In response to this evidence, Valdez offers statements of Gabriel Valdez, Marci Ramirez Marin de Gonzalez and Eva Marin viuda de Pena. 442 (S.D.Cal.1990). 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. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). 23. 1983). The two cars stopped in the village of San Mateo Atenco. 956 (1922). Mexico also takes the position that the statement is inaccurate and not properly certified or executed. There is no evidence to suggest that the United States no longer honors the treaty or that its purpose and intent are no longer served. 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 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]. "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. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge 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"). A significant portion of the mens statements were taken in Mexico by officials putting together the case against Valdez and his companion at the time of his arrest, 25-year-old Alfredo Hodoyan de Palacios. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. Since the evidence was undisputed it is not detailed extensively herein. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. 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. Cruz also said he transported weapons used in Ibarras slaying. In the Matter of Extradition of Contreras,800 F. Supp. While 3188 requires the United States to deliver a person committed for extradition to a foreign government within two months, that provision has no application to the proceedings in this case, at this stage, as commitment does not occur prior to the certification of the Respondent's extraditability by the Court. As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. Cal. 3190. 956 (1922). 672, 685 (S.D.N.Y.1978), aff'd, 619 F.2d 167 (2d Cir.1980), citing Collins, supra, 259 U.S. at 316. 25. The indicia of reliability is in favor of the formal statements given to the Mexican authorities by Soto and Cruz and not their in court "recantations." 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. Ejecutivo Mercantil Autr. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. [2] An analysis under Parretti v. United States, 112 F.3d 1363 (9th Cir.1997) decided May 6, 1997 and amended August 29, 1997, well after the issuance of the provisional arrest warrant in this case, is unnecessary given the timely filing of the certified documents. Martinez told Cruz that he would receive some money if Cruz would hold the 38 Super and the 9mm guns that they had used to kill Gallardo and Sanchez. The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. On June 26, 1997, respondent filed a SUPPLEMENTAL SUBMISSION RE: EXTRADITION AND REQUEST FOR DISCOVERY[34], with an attached declaration of Augustin Hodoyan (Alejandro's brother) with Alejandro's personal notes which were used to create the March 3, 1997 declaration. Miranda also stated that in 1992, Valdez was in charge of cocaine trafficking, and that later, Valdez trafficked in 200 to 400 kilogram shipments of marijuana for the AFO. Miranda details numerous other criminal activities in which Valdez and others in the AFO were involved, including the assassination of Larios Guzman, the July 1994 assassination of multiple military officers, the kidnaping and murder of a person with the last name Margain, and the kidnaping of a man with the last name Baloyan. 5.1 is without authority and is unavailable in any event under prevailing authority. *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. Estudiaban en colegios particulares, eran de familias acomodadas y los deslumbr el estilo de vida del "Mon", uno de los lderes del crtel de Tijuana. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 1462, 1469 (S.D.Tex.1992). Covid-19 Mxico: Suman 218 mil 173 muertes y 1 milln 879 mil 713 personas se han recuperado | Cifras El director general de Epidemiologa, Jos Luis Aloma Zegarra, inform que se registran 21 mil 224 casos activos en el pas; se han aplicado 19 millones 951 mil 121 dosis aplicadas.. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. [27] Soto actually made a series of statements relative to this matter. Sign up for our free summaries and get the latest delivered directly to you. D. Gilberto Vasquez Culebro, aka "Cachuchas" On September 30, 1996, Gilberto Vasquez Culebro (hereinafter "Vasquez") gave a statement to Jose Luis Juarez Garcia, an agent of the Mexican federal public prosecutor in Mexico City, Mexico. [41] The statement of Francisco Cabrera Castro, aka "Piedras" is offered in the Extradition of Alejandro Hodoyan Palacios, 96mg1828 AJB. aka "Cachuchas" In his September 30, 1996, declaration before an agent of the Mexican Federal Public Prosecutor, Gilberto Vasquez Culebro, aka "Cachuchas", (hereinafter Vasquez), declared that Valdez was a member of the AFO and that, in March, 1995, Valdez was in the company of the other AFO members, including, Eduardo Leon, aka "Abulon", Contreras, and Reyes. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. 3184. Elias v. Ramirez,215 U.S. 398, 30 S. Ct. 131, 54 L. Ed. [9] See ORDER DIRECTING THE FILING OF ADDITIONAL EVIDENCE filed October 23, 1997 (Docket No. The principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. Homicide is an extraditable offense under Article 2(1) and Appendix Part 1 of the treaty. 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. You already receive all suggested Justia Opinion Summary Newsletters. [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. at 77, 78. 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. 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"). This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. Respondent asserts that Soto lost an eye as a result of the torture used by Mexico to extract his statement[39]. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. Alfredo Miguel Hodoyn Palacios, (a) "Lobo" u "88" , fue detenido el 30 de septiembre de 1996, en San Diego California. Additional documentation[4] (specifically related to the first degree murder and carrying a firearm exclusive to the Army, Navy and Air Force) were submitted by diplomatic note No. Buscar. Most of the cocaine entering the United States comes from Mexico, and most of it passes through the Arellanos undisputed turf _ Baja California, according to the Drug Enforcement Administration. The holding in Gallina, however, offers no support for Valdez' claim. The certified documents submitted by Mexico, including the statements of Cruz, Miranda, Soto, Vasquez and Alejandro are admitted into evidence in accordance with Article 10(6) of the subject Treaty and 18 U.S.C. BATTAGLIA, United States Magistrate Judge. When the two cars arrived at the Holiday Inn in Toluca, Valdez got out of the white Volkswagen and told Contreras, "Be, cautious, wait for me here and when you see us going out from the parking lot in the white Volkswagen, you should form a `wall' so that we cannot be followed.". 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. Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. This document is submitted to be from the files in the prosecution of General Gutierrez Rebollo, by the Republic of Mexico, in Mexico. Soto extensively describes other, numerous criminal activities of the AFO. The evidence tying Valdez to the murder of Gallardo and Sanchez itself, given the numbers of other individuals involved, supports the criminal association charge. Concerning the murder and firearms charge, it is alleged that on April 9, 1996, at approximately 9:30 p.m., in the restaurant at the Holiday Inn in Toluca, Mexico, Jesus Gallardo Vigil, aka "El Bebe", (hereinafter "Gallardo"), and Jesus Sanchez Angulo (hereinafter "Sanchez") were shot and killed by Respondent and Fabian Martinez Gonzalez, aka "Tiburon", (hereinafter "Martinez"). January 1997: Hodin Gutierrez Rico, a . The personal notes and translation were offered to corroborate the declaration and the explanatory evidence with regard to Alejandro's testimony. By Molly Moore. After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. Respondent was identified in statements of alleged co-conspirators Fausto Soto Miller, aka "Joel Fierro," "El Chef" or "El Cocinero" (hereinafter "Soto");[22] Cruz; Gilberto Vasquez Culebro, aka "El Gorras" or "El Cachuchas" (hereinafter "Vasquez"); as well as witnesses, Alejandro Enrique Hodoyan Palacios, (hereinafter "Alejandro"); and, Gustavo Miranda Santacruz, (hereinafter "Miranda") with involvement in a host of criminal activities on behalf of the Arellano Felix organization and in particular with the shooting of Gallardo and Sanchez. [19]Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. 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. Mr. Vasquez states that the individuals acted suspiciously and carried long and short range firearms. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. In the supplemental request for extradition filed in January, 1997, the facts supporting the firearms offense were related to the first degree murder of Mr. Gallardo and Mr. Sanchez alleged to have occurred on or about April 9, 1996. 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. Los narcojuniors . [23] Cruz made several statements relative to this matter. Quines eran los narcojuniors reales de Tijuana? 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. Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. 28). He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. 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. *291 Michael Pancer, Law Office of Michael Pancer, San Diego, CA, for Emilio Valdez Mainero. 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. The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. 1280 (D.Mass.1997) but reversed on appeal. Mar. BATTAGLIA, United States Magistrate Judge. 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. (2) Gustavo Miranda Santacruz. (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). 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. [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. 50). [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. Get free summaries of new Southern District of California US Federal District Court opinions delivered to your inbox! Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. Id. The Court denied the motion.[3]. These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. LOS NARCOJUNIORS. The murder and conspiracy offenses, above described, survive the Respondent's challenge. That conclusion is based on the following analysis. In re Petition of France for Extradition of Sauvage,819 F. Supp. The charge related to the 1994 event has been abandoned. EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. at 952. Nobody threatens my brother because the moron who does it, dies.". When arrested, Gallardo said that the marijuana belonged to Benjamin Arellano Felix, which caused the issuance of an arrest warrant for Benjamin Arellano Felix. Respondent has no right to rebut prosecutorial evidence (here, the basis and procedural compliance with the laws of Mexico as well as the determination of probable cause to issue the warrant in Mexico). 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. 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. Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. 18 U.S.C. En 1995, su reinado lleg a su fin. [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. The Ninth Circuit has held that self incriminating statements of accomplices are sufficient to establish probable cause in an extradition hearing. 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. Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. Por Investigaciones ZETA. 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). Emilio Valdez passed away Saturday, August 31, 2019. [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. Case Number: 97CR2149 JM (S.D. Miranda's statement was given to an officer of this Court. The Ruiz statement also describes the "detention" of Alejandro and Francisco Cabrera Castro, aka "Piedras". [30] Respondent's Exhibits H, I and J, respectively, docket No. 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. de Sicor 1 Acdo. Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. Several days went by before Cruz met with Valdez, Martinez, Contreras and Cabrera. 30). 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. Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. Extradition of Kraiselburd, 786 F.2d 1395, 1399 (9th Cir.1986). The notes are identified by Augustin Hodoyan, Alejandro's brother. In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. 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. The interviews of Alejandro in the United States confirm the uncoerced willingness of Alejandro to provide testimony concerning the criminal activities of the AFO and Respondent's role therein. "The Secretary of State has sole discretion to refuse extradition on humanitarian grounds because of the procedures or treatment that await the surrendered fugitive." In the Matter of the Extradition of Contreras,800 F. Supp. According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. Equihua had been close to a witness in the drug-related cases of Alfredo Hodoyan and Emilio Valdez Mainero, which were due to be heard in San Diego courts. Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. No case authority is offered in this regard. 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. 5.1 is denied. 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. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 1971), 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. The United States has filed videotapes of Alejandro's November 30, 1996 deposition. 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 was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. This resulted in the arrest of Valdez on September 30, 1996. A great number of questions exist, and many questions remain unanswered in this case. (2) A Preparatory Statement of October 13, 1996, at 7:50 p.m. made before the First District Judge of Federal Criminal Proceedings in the State of Mexico, at the Federal Center for Social Rehabilitation Number 1, in Judicial Proceedings Courtroom Number One. Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. Alejandro provides an unrestrained narrative discussion of various events and circumstances, prompted by periodic questions and all simultaneously recorded in an office on CPU's. See footnote 10. No case authority is offered on this issue. The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. 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. 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. The law limits extradition to circumstances where the Treaty is in full force and effect. "Chef" ("Soto") In his September 27, 1996 declaration before an agent of the Mexican Federal Public Prosecutor, Soto recalled an incident in which Valdez, Ramon Arellano Felix and other members of his organization met at a house rented by Valdez in Mexico City. Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. Soto also explains the details of the alleged abuse visited upon him. 577 (1901). 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.
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