All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. Cartel Suspect Admits Plotting Cocaine Deal - Los Angeles Times 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. [20] i.e. Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. The long list of challenges to the probable cause finding in Mexico and the other alleged infirmities are not fully set forth herein as the Court finds the opinions of Attorney Gastelum are irrelevant to these proceedings. 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 . 23. 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 murder and conspiracy offenses, above described, survive the Respondent's challenge. 30). Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. Case against mother, sons charged in Emilio Valdez murder case advances "The Secretary of State has sole discretion to refuse extradition on humanitarian grounds because of the procedures or treatment that await the surrendered fugitive." The . [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. 448 (1901). Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. During the meeting, the group discussed their plans to kill enemies of their interests, including Amado Carillo, a rival drug trafficker. It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). [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. Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. EMILIO VALDEZ MAINERO | DataJuridica.com emilio valdez mainero - reyasroom.com 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"). MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. 1996) No case authority is offered on this issue. As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. Narcos 3: quines son en la vida real los "narcojuniors - infobae 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 contours of the extradition proceeding were shaped by the Treaty and statute. Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. The interests of Mexico were represented by the United States through the United States Department of Justice, by United States Attorney Alan D. Bersin and Assistant United States Attorney Gonzalo P. Curiel. Emilio Valdez passed away Saturday, August 31, 2019. The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. [31] See discussion at page 1213, line ___, et seq. Challenges to the testimony of Cruz, Soto, Vasquez, Miranda and Alejandro based upon the argument that they are conclusory, unreliable hearsay, and unreliable as presented by alleged codefendants or co-conspirators are rejected. 96-1798-M. United States District Court, S.D. Finally, the scope of admissible evidence in an extradition hearing is guided by the distinction between contradictory and explanatory evidence. It is further argued that there is a strong motivation on behalf of the Hodoyan family to help Respondent and this would give rise to questions with regard to the trustworthiness of the document. But the deal fell apart when the other inmate couldn't pay the promised . 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 . Demandado: Emilio Ricardo Valdez Mainero. The Court concludes that each of the crimes for which extradition is requested by Mexico are among those specified in the Treaty but that only Criminal Association and First Degree Murder are analogous to United States law. 3184, et seq. Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980). On July 29, 1997, Respondent filed a Motion to Reopen Evidence in this matter. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. 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. [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". It is also notable, that the sum total of the evidence showed Alejandro's Declaration regarding torture and abuse to be contrived in its derivation. Under United States law, (i.e., California Penal Code 187-199) murder is unlawful and similarly defined. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. 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"). The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. Nobody threatens my brother because the moron who does it, dies."[12]. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. 568 (S.D.N.Y.1979). [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". Emilio Valdez Mainero seemed an appropriately upper-tier husband, but he too allegedly found employment in the Arellano Felix organization, recruiting 'young assassins who belong to Tijuana's . In the Matter of Extradition of Contreras,800 F. Supp. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". Appellant asked the Court of Appeals to stop his extradition because he had been convicted in absentia in Italy and, therefore, would be imprisoned without trial, be unable to confront his accusers and would not be able to conduct a defense. Mexico takes issue with the March 3, 1997 declaration, noting that it was not signed by the declarant, nor is part of an official proceeding or under penalty of perjury. 2d 496 (1990). Valdez moved the Court for release under the special circumstances doctrine. 12). No applicable authority was presented on this point and prevailing authority as set forth herein supports this ruling. 96-1798-M. United States District Court, S.D. 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. In the Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996. United States District Court, S.D. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. Respondent's discovery request in this regard is denied. The principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. United States v. Manzi, 888 F.2d 204, 206 (1st Cir. The others drove in a white Volkswagen. La pequea y poco conocida . In the Matter of the Extradition of Contreras,800 F. Supp. 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. Mexican Tale: Drugs, Crime, Torture and the U.S. 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. 3190. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. 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. These individuals returned to Mr. Vasquez' home in April of 1996 and stated that they were running from the authorities because they had committed a homicide in Mexico City. Kitty Pez, el narcojunior real que interpreta Bad Bunny en "Narcos 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. 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. Aparte de Kitty 'Pez', los que formaron el grupo de los "Narcojuniors" fueron Emilio Valdz Mainero, hijo de un guardia presidencial; Alfredo Hodoyan Palacios, hijo de un importante empresario . In the Matter of Extradition of Contreras,800 F. Supp. The scope of this proceeding is narrow and is limited to the existence of probable cause and the evidence, received by virtue of the Treaty provisions and applicable law. 5.1 is denied. Ellos son los narcojuniors reales de Narcos Mxico 3 - Soy502 Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. Discovery is not available in extradition proceedings. *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. Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . Cruz admitted his own involvement in the criminal activities of Valdez and the AFO and admitted that he was paid to assist them in killing the enemies of Ramon 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).

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