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Hearsay evidence is admissible on behalf of the Respondent to establish the "obliteration" of probable cause. In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. 96-1798-M. United States District Court, S.D. Finally, he contests the date of arrest. These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. In re Petition of France for Extradition of Sauvage,819 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. 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. denied, 454 U.S. 894, 102 S. Ct. 390, 70 L. Ed. "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. Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. [47] Alejandro's testimony also implicates his brother concerning the involvement with the AFO, which relates to the pending extradition of Alfredo Hodoyan-Palacios, 96mg1828(AJB). Republic of France v. Moghadam,617 F. Supp. [15] The later supplementation of the record and the supplementation of Mexico's request for extradition, with additional charges, are not inconsistent with the Treaty or its provisions. [31] See discussion at page 1213, line ___, et seq. 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. Id. 40). Id. 33) which is similarly denied for the reasons stated. 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. The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. ), 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. There is no evidence, however, in this regard. 3184, et seq., in order to extradite the Respondent, the United States, on behalf of the Republic of Mexico, must establish that: (1) The judicial officer is authorized to conduct extradition proceedings; (2) The court has jurisdiction over the respondent; (3) The applicable treaty is in full force and effect; (4) The crimes for which surrender is sought are included within the terms of the treaty; and. In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. A full review of the evidence, however, is the provence of the trial court in the requesting nation. Barrett v. United States, 590 F.2d 624 (6th Cir. (7) Evidence which, in accordance with the laws of the requested party, would justify the apprehension and commitment for the trial of the person sought if the offense had been committed there, (i.e., probable cause). When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. Opinion for Matter of Extradition of Mainero, 950 F. Supp. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. 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. Mexico more correctly characterizes the Ruiz statement as a summary of statements by Seargent Ruiz. Since the evidence was undisputed it is not detailed extensively herein. [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. In the Matter of Extradition of Contreras,800 F. Supp. 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. [15] The Treaty, in Article 11, and 18 U.S.C. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . Miranda added that the motivation for assassination was that Gallardo had threatened Gabriel Valdez Mainero (Emilio Valdez Mainero's brother) with a firearm.[26]. Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. 28). The environment where the deposition was taken is not suggestive of any coercive circumstances. 96mg 1828(AJB). *1226 In the final analysis, the Ruiz declaration is inadmissible given the lack of authenticity, certification or reliability and does little to support the recantations of Soto and Cruz. 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. The extradition proceeding is not a criminal trial nor is Respondent entitled to the rights available in a criminal trial at common law. The personal notes and translation were offered to corroborate the declaration and the explanatory evidence with regard to Alejandro's testimony. It was not until October 2, 1996 that Soto described the alleged torture to the judge in Mexico. EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. 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. [30] Respondent's Exhibits H, I and J, respectively, docket No. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. As a society we cannot suspend that concept by virtue of the interest of a foreign nation in the extradition of an United States citizen, the heinous nature of the offense notwithstanding. Finally, the scope of admissible evidence in an extradition hearing is guided by the distinction between contradictory and explanatory evidence. I Background. [48] Authority for this proposition is gathered from dicta in some case law in that there is no direct authority for this proposition. Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. The . The certificate is forwarded to the Department of State. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. emilio valdez mainerospiral pattern printing in c. phillies front office salaries In the proceeding before this Court, the Republic of Mexico (hereafter Mexico), through the United States government, seeks the extradition of United States citizen, EMILIO VALDEZ MAINERO, alleged to have committed crimes in Mexico. (3) Fausto Soto Miller. The Court is not limited in its receipt of this evidence by virtue of the lack of certification. Mar. Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980). 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.". The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. The document is not authenticated. Matter of Extradition of Koskotas, 127 F.R.D. 25. 1462, 1464 (S.D.Tex. [29] Respondents request for discovery of all evidence of discussions with Alejandro Hodoyan is denied on the basis of the authority set forth in footnote 26, except to the extent that this information was produced in response to the Court's order of September 11, 1997 (see footnote 6). ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. 1983). The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. 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. Another Mexican, questioned by prosecutors while in the intensive care unit of a San Diego hospital, said the hit on the 50-year-old Ibarra was planned carefully by Arellano organization members. 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. Ejecutivo Mercantil Autr. [27] Soto actually made a series of statements relative to this matter. 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. Connect with the definitive source for global and local news. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. 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 suggestion of torture is certainly present in the record. 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. 33. Otro de los reclutados fue Alfredo Hodoyan Palacios, quien era hijo de un empresario prominente en Tijuana. Miranda's statement was given to an officer of this Court. Defense counsel was provided for Mr. Cruz. 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 . Hodoyan haba estudiado en una . United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. 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 . Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. Bingham v. Bradley,241 U.S. 511, 517, 36 S. Ct. 634, 60 L. Ed. Quines son los narcojuniors en los que est basada la historia . "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. Emilio Valdez Mainero and Alfredo Hodoyan were linked to the Arellano Felix drug organization, which controls the lucrative drug corridor from Baja California into the United States. 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. He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. 23. According to testimony given to Mexican authorities, the Arellanos _ led by brothers Benjamin, Ramon, Javier and Francisco _ have been able to coordinate major assassinations with the aid of the attorney general of Baja California, Jose Luis Anaya Bautista. As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal. Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). Specifically, their testimony is summarized as follows: A. Gerardo Cruz Pacheco, aka "Capitan," On October 12, 1996 at 1:00 p.m.,[23] Gerardo Cruz Pacheco, aka "Capitan," (hereinafter "Cruz"), made a signed statement before Alma Leticia Lares Tenorio, an agent of the Mexican Federal Public Prosecutor. 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. (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. 834 F.2d 1444, 1453. Defense counsel was provided for Mr. Soto for purposes of his testimony. Probable cause exists to believe that the Respondent committed the offenses of homicide and criminal conspiracy as charged against him in Mexico. In the final analysis, this Court is required to look at the indicia of reliability with regard to the persuasiveness of this evidence. 24). Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. 2d 61 (1970). For the reasons set forth in footnote 32 an extended analysis of the recantation is not set forth, nor is the recantation viewed any differently than those of Cruz and Soto. Background. Several days went by before Cruz met with Valdez, Martinez, Contreras and Cabrera. On July 29, 1997, Respondent filed a Motion to Reopen Evidence in this matter. Soto acknowledges having signed the statement as well as affixing his fingerprints. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. 13, 22 (D.Mass.1989). The others drove in a white Volkswagen. Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). 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. 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. [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. 44). [18] In the original request, Mexico sought extradition on the firearm offense related to events and circumstances alleged to have occurred on April 13, 1994. The Federal Rules of Criminal Procedure and the Federal Rules of Evidence are not applicable in extradition proceedings. The contours of the extradition proceeding were shaped by the Treaty and statute. 777(N.D.Cal.1985). 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. 1997). Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. In making this ruling, the Court of Appeals stated: After making its holding, the Gallina court did state that a case might occur in which the extraditee "would be subject to procedures or punishments so antipathetic to a federal court's sense of decency as to require reexamination of the [the general principle upholding extradition.]" [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. On the other hand, the formal statements of Soto and Cruz have significant detail concerning the personal background of the witnesses and the specifics of the offenses and related matters. Neely v. Henkel, supra. This document is submitted to be from the files in the prosecution of General Gutierrez Rebollo, by the Republic of Mexico, in Mexico. The government's request for the stay was denied sustaining Respondent's objection and request to proceed. 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. 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. [9] See ORDER DIRECTING THE FILING OF ADDITIONAL EVIDENCE filed October 23, 1997 (Docket No. 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. 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. The holding in Gallina, however, offers no support for Valdez' claim. Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). At approximately 9:30 p.m. Valdez and Martinez encountered Gallardo whom Valdez planned to assassinate. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. During the drive, Contreras told Cruz that, "his friends in the white Volkswagen wanted to say hello to a fellow citizen who was in Toluca to train for boxing." Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. No case authority is offered in this regard. The essential question is whether the indicia of reliability is on the recantation or the initial statement. Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. No case authority is offered on this issue. *291 Michael Pancer, Law Office of Michael Pancer, San Diego, CA, for Emilio Valdez Mainero. 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. He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. In the statement to the judge, with the assistance of counsel, Cruz was asked by the Court if he desired to make a statement concerning the facts that are attributed to him in the subject statement. 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.