The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. The document is not authenticated. Respondent also cites Title 18 U.S.C. 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. These statements do not add a great deal to Mexico's case regarding this Respondent. [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp.
Narcos Mxico 3: Ellos son los verdaderos "narcojuniors" en los que You're all set! 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. 1462, 1469 (S.D.Tex.1992). [21] The real issue in this proceeding is whether or not there is probable cause to establish that Respondent was one of the perpetrators. R.Crim.P. Si te preguntas quines son en la vida real los llamados narcojuniors de Narcos Mxico, serie de Netflix, se trata de al menos tres de los jvenes de familias acomodadas en Tijuana, Baja California, que se involucraron en temas de drogas y en especial con el Crtel de los Arellano Flix.Entre ellos, El Kitty Arturo Everardo Pez y los hermanos Hodoyan. 1462, 1464 (S.D.Tex.1992). 30).
Todo lo que debes saber sobre los narcojuniors de "Narcos Mxico An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. Pursuant to an extradition treaty between Mexico and the United States, Treaty 31 UST 5059, TIAS 9656 ("Treaty"), and under federal laws supplementing and implementing such treaties, 18 U.S.C. 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.. These issues were analyzed under that premise. Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. A full review of the evidence, however, is the provence of the trial court in the requesting nation.
Emilio Valdez - Lake Ridge Chapel & Memorial Designers 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. In Gallina, commissioner found the appellant subject to the extradition in Italy. 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. 896 (S.D.Cal.1993). [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. 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. Specifically, Respondent sought "all witness statements submitted in General Gutierrez Rebollo's case to determine whether or not there is additional relevant testimony." 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. [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. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. The witnesses all identify Respondent as the perpetrator in these regards. The court, for reasons explained below, grants the petition, finding the detainee extraditable. There is no evidence, however, in this regard. Valdez moved the Court for release under the special circumstances doctrine. In the Matter of Extradition of Contreras,800 F. Supp. This assertion relates specifically to the supplemental filing of evidence regarding the first degree murder charge on January 14, 1997 and the weapons charge related to the events and circumstances of April 9, 1996. 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. The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. 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. 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. Valdez then smiled and announced, "The Baby paid me off. The court has jurisdiction over the Respondents if they are before the court. They are: (1) The Statement of October 12, 1996 at 1:00 a.m. in Mexico City; and. United States v. Kin-Hong, 110 F.3d 103 (1st Cir.
Matter of Extradition of Mainero, 950 F. Supp. 290 (S.D. Cal. 1996) [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). In the Matter of the Extradition of Contreras,800 F. Supp. *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. 2d 496 (1990).
Quines son los narcojuniors reales de Narcos Mxico 3? 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. Emilio Valdez Mainero (Valdez) and Alfredo Hodoyan Palacios (Hodoyan) were certified as extraditable to Mexico on charges of murder and criminal association with the Arellano Felix drug trafficking organization (AFO). 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"). Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). 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. The credible evidence, satisfies Mexico's burden in this respect[44]. Hearsay evidence is admissible on behalf of the Respondent to establish the "obliteration" of probable cause. 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. Mr. Vasquez states that the individuals acted suspiciously and carried long and short range firearms. Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. 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. 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. 3184, et seq., the United States issued a provisional arrest warrant for the Respondent, signed by Magistrate Judge Anthony J. Battaglia on September 30, 1996. 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. 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. 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 . The charge related to the 1994 event has been abandoned. Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities. These statements are also corroborated in significant part by Alejandro's declaration. [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. 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. 00:15. In the final analysis, this Court is required to look at the indicia of reliability with regard to the persuasiveness of this evidence. 290 (S.D.Cal.1996). United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . Argument, inference and innuendo is all that has really been presented here. 834 F.2d 1444, 1453. As to item 7, the sufficiency of the evidence, Respondent contends that the probable cause element has not been met and, therefore, there is no justification for his apprehension and commitment for extradition to Mexico. This is part of the framework created by case law in these proceedings. 3184, Ward v. Rutherford, 921 F.2d 286, 289 (D.C.Cir.1990) and Rule 74 of the Local Civil Rules of the United States District Court of the Southern District of California.
Narcos 3: who are the "narco juniors" of the new season in real life Homicide is an extraditable offense under Article 2(1) and Appendix Part 1 of the treaty. R.Crim.P. That conclusion is based on the following analysis. [41] All of these individuals are described as "prisoners" in the statement. Miranda was granted "use immunity" for giving the statement. Bingham v. Bradley,241 U.S. 511, 517, 36 S. Ct. 634, 60 L. Ed. [32] Respondent also argues that the statements of Francisco Cabrera Castro and Edgar Alejandro Gonzalez Gonzalez offered by Mexico were also "extracted" by torture. 253 (1910); Rice v. Ames,180 U.S. 371, 21 S. Ct. 406, 45 L. Ed. Magistrate No. As earlier stated, the circumstances of Alejandro's testimony are not suggestive of torture, coercion or duress. Mexican officials wanted Valdez, 32, for allegedly gunning down an aspiring boxer over a personal grudge in 1996 at a Holiday Inn in the state of Mexico. En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. It is argued that Vasquez suffered similar mistreatment at the hands of the Mexican authorities and had recanted the statement attributed to him in Mexico's case in chief. Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. 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. Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. 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). After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds.
Two Mexican men to be extradited for drug-related murders EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. The Ruiz statement presents conflict with regard to dates of the arrest of some of Mexico's witnesses and is asserted to corroborate the use of torture in this case as well as create conflicts in Mexico's evidence in challenging the reliability of the evidence Mexico relies upon in this proceeding. Cruz also said he transported weapons used in Ibarras slaying. The environment where the deposition was taken is not suggestive of any coercive circumstances. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. 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. (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). Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. 956 (1922). The United States has also offered statements from interviews between Alejandro and federal agents in February of 1997 which are asserted to corroborate Alejandro's knowledge of the AFO and his willingness to cooperate. Quines eran los narcojuniors reales de Tijuana? one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; *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. Ejecutivo Mercantil Autr. 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. The Ninth Circuit has labeled the above statement from Gallina as speculation. We will gather for a memorial service and viewing at 6:00 p.m. Friday, September 6, 2019 followed by a visitation at Lake Ridge Chapel and Memorial Designers. "El Mon" y "El Kitty" se la pasaban en fiestas, en las que Arellano invitaba a los asistentes, en una conocieron a Emilio Valdez Mainero, hijo de un coronel miembro de los guardias presidenciales de aqul entonces. Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen.
MAINERO v. GREGG (1999) | FindLaw 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. Print material from AMNESTY INTERNATIONAL has also been filed.
Mexican Tale: Drugs, Crime, Torture and the U.S. [45] The physical injuries to Cruz are certainly suspicious in this regard. Finally, Respondent filed FINDINGS OF MEXICAN LAW EXPERT RODOLFO GASTELUM PEREZ RE: ABSENCE OF PROBABLE CAUSE; SYNOPSIS; AND CURRICULUM VITAE which asserted procedural, substantive and constitutional infirmities under Mexican law in the extradition request and in the arrest warrant. 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. (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. 5.1 is without authority and is unavailable in any event under prevailing authority. See footnote 25. The request for a provisional arrest is based, in significant part, upon the existence of a warrant for the fugitive's arrest issued in the district of the authority making the request and charging the fugitive with a commission of crime for which his extradition is sought to be obtained. Some federal and local officials said the mens statements are not credible because they are clear attempts to land a sweetheart deal.
MATTER OF EXTRADITION OF MAINERO - leagle.com In that statement, Cruz was noted to have suffered multiple burns which were attributed to an incident several days before when he was inspecting the exhaust pipe of a vehicle. 1462, 1464 (S.D.Tex. The precedent of the long line of cases discussed above, supports the proposition that the consideration of a "humanitarian exception" should be left to the Department of State where it rightly belongs. Hodoyan haba estudiado en una . A certified copy of the extradition Treaty between the United States of America and Mexico of May 4, 1978 *1217 (TIAS 9656) was submitted by the United States in support of its position that the Treaty is presently in full force and effect. Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. This document is submitted to be from the files in the prosecution of General Gutierrez Rebollo, by the Republic of Mexico, in Mexico. 50).
029n1est - La Jornada Case Number: 97CR2149 JM (S.D. Collins v. Loisel,259 U.S. 309, 316, 42 S. Ct. 469, 66 L. Ed. 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. No case authority is offered in this regard. This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. 1997). Buscar. 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 . Cal. Ramn y Arturo se la pasaban en fiestas y en una de conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales. Based on the above evidence, this Court finds that there is probable cause to believe that Valdez committed the crime of criminal conspiracy as alleged in the extradition request. 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. Miranda also identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74. [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. The testimony of Miranda, taken by Assistant United States Attorney Curiel, corroborates the substance of the evidence collected at the *1228 scene and statements by non-involved witnesses. The signs of injury included 16 irregularly circular scars, 17 circular scars and 3 small scars on the chest as well as a hematoma to the upper base of the nose and a circular bruise on the right chin. 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. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). 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.
Quin es Kitty Pez, el narcojunior que interpreta Bad Bunny en Narcos NARCOTRAFICO: DETENCIONES DE 1RA GENERACION DEL CAF - Blogger If reliable, the recantations and the Ruiz statement would be evidence which would undermine the voluntariness of the statements offered by Mexico in their case in chief, and as a result, the evidence in support of probable cause for extradition. Respondent does not dispute that the Treaty requirements have been met with regard to these items with three exceptions. Defense counsel was provided for Mr. Cruz Vasquez identifies himself as a member of the AFO and states that in March, 1996, he had several visitors to his home, including Respondent Valdez, Martinez, and co-extraditee Alfredo Hodoyan Palacios.
Narcos Mxico 3: de Kitty Pez a los Arellano Flix - infobae ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. 956 (1922), In re Locatelli,468 F. Supp. 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. 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. During the meeting, the group discussed their plans to kill enemies of their interests, including Amado Carillo, a rival drug trafficker. [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. Connect with the definitive source for global and local news. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. California. Under United States law, (i.e., California Penal Code 187-199) murder is unlawful and similarly defined. 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. El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . 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. Collins v. Loisel,259 U.S. 309, 317, 42 S. Ct. 469, 66 L. Ed. Background. Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. California. [5] This Declaration is filed in Case No. United States v. Taitz, 130 F.R.D. Mexico more correctly characterizes the Ruiz statement as a summary of statements by Seargent Ruiz. 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.
Quin era 'El Kitty', narcojunior interpretado por Bad Bunny? 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. No precise authority is offered in regard to this premise. For this reason, Respondent's challenge in this regard is denied. Again, no more precise recantation of the specific events exists. *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. Mexican law defines murder (or homicide) as taking the life of another (Article 302). 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.".