There is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. 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. View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. Informacin de El Universal. 18 U.S.C. The case against the implicated juniors spilled into U.S. courts after the Sept. 30 arrest of Emilio Valdez Mainero, 32, the baby-faced son of a deceased army colonel from Tijuana who, his widow . The proper authority for the political decision here is, of course, the Secretary of State. Hearsay evidence is admissible on behalf of the Respondent to establish the "obliteration" of probable cause. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. emilio valdez mainero - reyasroom.com United States v. Valdez-Mainero. "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. Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). Fed.R.Evid. In contesting the accuracy of the statement of the federal prosecutor, he "rejects" the alias described to him, the reported rank in the infantry, and claims that he does not belong to the Presidential General staff but to the Presidential Guards Corps. Mexico also argued that the document was not certified as required by the treaty and would be presumptively inadmissable. In fact, Respondent urges the Court to dismiss this proceeding stating that the Mexican Attorney General's office held back these statements because of their negative impact on the probable cause analysis. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 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. 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. In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 12). See footnote 10. (5) Gilberto Vasquez Culebro. Emilio Ricardo Valds Mainero, (a) "Len" o "Ricardo Gonzlez Len", detenido el 30 de septiembre de 1996, en San Diego, California, por posesin ilegal de armas y de estupefacientes. Evidence that conflicts with that submitted on behalf of the demanding party is not permitted, nor is impeachment of the credibility of the demanding country's witnesses. Matter of Extradition of Mainero :: California Southern District Court EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Entre los jvenes reclutados por el narcotrfico mexicano se encentraban 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. 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. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". [32] Respondent also argues that the statements of Francisco Cabrera Castro and Edgar Alejandro Gonzalez Gonzalez offered by Mexico were also "extracted" by torture. 5.1 is denied. The cohorts also said the Arellanos had on their payroll Mexican immigration agents who waved cocaine shipments across the border. [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. Narcos 3: quines son en la vida real los "narcojuniors - infobae at 77, 78. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge 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. (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. The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. Tambin as reclutaron a Alfredo Hodoyan Palacios, hijo de un empresario de Tijuana, quien comenz a pasar droga sin levantar sospechas pues era . Cartel May Have Targeted U.S. Prosecutor - Los Angeles Times 1971), cert. The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. Finally, Valdez offers that Cruz, Soto, Alejandro and Vasquez[32] were subjected to torture, *1222 and were under duress at the time of the "alleged" statements. Tijuana Cartel Escalates Violence Along Border 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. Specifically, Respondent submits that the Treaty is invalid because the use of torture in Mexico in obtaining evidence, including the evidence in this matter, is contrary to the law of the United States. Probable cause exists to believe that the Respondent committed the offenses of homicide and criminal conspiracy as charged against him in Mexico. [22] The individuals related to this case are often referred to in the evidence by nicknames. As earlier stated, the circumstances of Alejandro's testimony are not suggestive of torture, coercion or duress. The magistrate judge need only determine whether there is competent evidence to justify holding the Respondent for trial, not whether the evidence is sufficient to justify conviction. ), affirmed as modified, 478 F.2d 894 (2d Cir.1973) the court stated in part: The magistrate judge conducting the extradition proceeding has wide latitude in admitting evidence. In the Matter of Extradition of Contreras,800 F. Supp. 956 (1922). Respondent's discovery request in this regard is denied. Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. Seeing no one in pursuit, Cruz followed the white Volkswagen in the navy blue Cutlass. Id. Defendant Emilio Valdez-Mainero, represented by the Federal Defenders of San Diego, Inc., seeks a 73 month reduction in his sentence on the basis of Amendment 782 to the Sentencing Guidelines which revised the Drug Quantity Table in U.S.S.G. Background. There is no question, and no conflict in the evidence, that Gallardo and Sanchez were shot and killed by two individuals on April 9, 1996, at approximately 9:30 p.m., at the entrance of the restaurant at the Holiday Inn in Toluca, Mexico. 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). In re Sindona,450 F. Supp. The court, for reasons explained below, grants the petition, finding the detainee extraditable. C. Fausto Soto Miller, aka "Chef" In his September 27, 1996[27] declaration before an agent of the Mexican Federal Public Prosecutor, Fausto Soto Miller, "Chef," (hereinafter *1221 "Soto") stated that he was aware of the personal problems between Valdez and Gallardo, arising out of a threat with a firearm against Gabriel Valdez made by Gallardo. 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. Another court has correctly characterized the above sentence from the Second Circuit as "dicta." No case authority is offered on this issue. 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. 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. [39] MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, Page 6, lines 5-7 (Docket No. As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. 1989), cert. As to Soto, his three statements to the Mexican authorities, two on September 27, 1996 and one on September 30, 1996, respectively, do not reference any injury. In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. I Background 96-1798-M. United States District Court, S.D. denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. El Cocinero confesses about FBI Top Ten Most Wanted's Arellano Felix It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). Respondent had indicated that a recantation by Vasquez would be filed, but no such document has been offered in evidence in this case. 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. *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. Everardo Pez, also known as "El Kitty", was not a person of money, but under the tutelage of Ramn Arellano Flix, he dedicated himself, together with the narco juniors, to cross drugs into the United States without raising suspicions due to his economic status. 526/2019. The videotapes clearly demonstrate Alejandro's demeanor. De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. Los narcojuniors reales de la serie 'Narcos Mxico 3' [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. 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. 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. 50). These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. The power to make treaties is constitutionally invested in the executive branch of the United States government.