Soto recounted another incident in March, 1995, during which he was told by members of the AFO that Valdez and others participated in the assassination of a man named "Endir" who was the cousin of Manolo Rico. November 4, 1997. In September of 2002, a Judge of the Federal Penal Processes in Mexico State found El Lobo, La Piedra and El Capitan guilty, and sentenced them all to . As earlier stated, the circumstances of Alejandro's testimony are not suggestive of torture, coercion or duress. [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. The personal notes and translation were offered to corroborate the declaration and the explanatory evidence with regard to Alejandro's testimony. 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. 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.. 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. Gerardo Cruz Pacheco, a former presidential security guard, told Mexican officials he helped the gunmen escape after the Holiday Inn murder by forming a wall of cars as they drove off. Based on case authorities Respondent's Motion in this regard is denied. Publicado: 5/6/2021 7:10:25 PM. Whitepages people search is the most trusted directory. 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. The Court denied the motion.[3]. The March 3, 1997 date is taken from the first line of the document. This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. Miranda's statement was given to an officer of this Court. A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. Extradition of Kraiselburd, 786 F.2d 1395, 1399 (9th Cir.1986). the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. United States District Court, S.D. Respondent also cites Title 18 U.S.C. [9] See ORDER DIRECTING THE FILING OF ADDITIONAL EVIDENCE filed October 23, 1997 (Docket No. United States v. Taitz, 130 F.R.D. 18 U.S.C. Case Number: 97CR2149 JM (S.D. The holding in Gallina, however, offers no support for Valdez' claim. Alfredo Miguel Hodoyn Palacios, (a) "Lobo" u "88" , fue detenido el 30 de septiembre de 1996, en San Diego California. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. *1229 The testimony of the various witnesses, including Miranda and Alejandro provide competent evidence for an assessment of probable cause to believe that the crime of criminal association (conspiracy) has been committed and that Respondent is involved therein. Todo lo que debes saber sobre los narcojuniors de "Narcos Mxico 956 (1922). They are under a compelled setting initiated by Mexican judicial authorities (as opposed to a self directed recantation by the declarants) and are no greater than a plea of not guilty when analyzed to similar proceedings under United States law. Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. 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. 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. No case authority is offered in this regard. (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). A full review of the evidence, however, is the provence of the trial court in the requesting nation. In Quinn v. Robinson, 783 F.2d 776, 815 (9th Cir.1986), the Ninth Circuit reaffirmed that hearsay evidence that would be inadmissible for other purposes is admissible in extradition hearings. The notes are identified by Augustin Hodoyan, Alejandro's brother. The charge related to the 1994 event has been abandoned. 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. 2d 496 (1990). [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. 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. *291 Michael Pancer, Law Office of Michael Pancer, San Diego, CA, for Emilio Valdez Mainero. 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. When arrested, Gallardo said that the marijuana belonged to Benjamin Arellano Felix, which caused the issuance of an arrest warrant for Benjamin Arellano Felix. Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. Netflix lanz la ltima temporada de Narcos: Mxico, donde adems de los personajes que ya conocemos, hay UNA sorpresa: Bad Bunny. 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. Soto also explains the details of the alleged abuse visited upon him. At approximately 9:30 p.m. Valdez and Martinez encountered Gallardo whom Valdez planned to assassinate. Narcos Mxico 3: Ellos son los verdaderos "narcojuniors" en los que 20, 2013) From Casetext: Smarter Legal Research. It was not until October 2, 1996 that Soto described the alleged torture to the judge in Mexico. 3184. No case authority is offered on this issue. [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. 1101(d) (3); and Fed. Quines son los narcojuniors reales de Narcos Mxico 3 - EL DEBATE mayo 9, 2022. United States v. Valdez-Mainero. 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. 834 F.2d 1444, 1453. Narcos Mxico: who were the narcojuniors in real life - El Comercio 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. Ramn Arellano Flix: As se vea Bad Bunny como parte de narcojuniors [31] See discussion at page 1213, line ___, et seq. [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. 1462, 1464 (S.D.Tex.1992). denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. Date published: Mar 20, 2013. In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". Conoce a Kitty Paez, el narcojunior al que dio vida Bad Bunny este 2021 It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). 371. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. This is part of the framework created by case law in these proceedings. He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. Fabin Martnez remplaz en el cargo a Emilio Valdez Mainero, El CP, y adems compadre de Ramn Arellano Flix, luego que aqul fue arrestado en 1996 en San Diego, California, y condenado a 30 aos de prisin por delitos relacionados con trfico de cocana y herona hacia Estados Unidos. (3) Fausto Soto Miller. Respondent also challenges compliance with the Treaty, and urges his release in these proceedings, relative to the "late filing" of certified documents in this case. The Courts have chosen to defer questions regarding the procedures or treatment that might await an individual on extradition to the executive branch because of its exclusive power to conduct foreign affairs. 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. Background. Mexico), they could have easily added that provision. at 77, 78. 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. By Molly Moore. [30] Respondent's Exhibits H, I and J, respectively, docket No. Republic of France v. Moghadam,617 F. Supp. No charges have been filed against Anaya, and he denies the allegations. 442 (S.D.Cal.1990). [29] Clearly, Alejandro's testimony is based upon his personal knowledge derived from his acquaintance with Respondent and the other individuals named and his discussion and observations in their presence. (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. 1103. 777 (N.D.Cal.1985). Under United States law, (i.e., California Penal Code 187-199) murder is unlawful and similarly defined. Extradition case of Mexican men reveals details of vicious drug gang 28). 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. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. Emilio Valdez - Phone, Address, Background info | Whitepages January 1997: Hodin Gutierrez Rico, a . The "recantations" from Cruz and Soto are in the form of testimony before a judge of the First District of Federal Criminal Proceedings in the State of Mexico. Two Mexican men to be extradited for drug-related murders At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. "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. At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. 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. For this reason, Respondent's challenge in this regard is denied. Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . Respondent's role is alleged to have included, among other things, the planning and carrying out of assassinations of people perceived to be enemies of the AFO, including rival drug traffickers and law enforcement officials. Quin era 'El Kitty', narcojunior interpretado por Bad Bunny? 44). Under *1216 United States law, the standard of probable cause is whether there is any evidence warranting the finding that there was reasonable ground to believe the accused guilty. 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. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. BATTAGLIA, United States Magistrate Judge. 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. de Sicor 1 Acdo. This issue was not challenged by the Respondent. [41] All of these individuals are described as "prisoners" in the statement. Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix Furthermore, the sworn witness statements in the instant case are the type of evidence contemplated by the Treaty to avoid the need for the requesting country to send its witnesses to the requested country to testify at the extradition hearing. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. The witnesses go on to attribute a number of other incidents based upon their personal knowledge occurring since 1994 which are competent for a finding of probable cause on this charge as well. In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. Support for its origin is suggested from a New York Times article[40]. R.Crim.P. The document is not authenticated. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). 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. De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . Respondent also offers, as evidence to defeat probable cause, recantations by Cruz and Soto relative to the earlier statements[36]. Narcos 3: who are the "narco juniors" of the new season in real life The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. The Second Circuit affirmed the denial of the habeas corpus petition. Nobody threatens my brother because the moron who does it, dies.". Negocia "El Caballo" inmunidad con EU - Periodico El Vigia (5) The facts and the personal information of the person sought which will permit his identification and, where possible, information concerning his location; (6) A certified copy of the warrant of arrest issued by the judge or judicial officer [in Mexico]; and. 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." Respondent's objections to this evidence and his explanatory evidence have already been addressed, and rejected. As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. (4) Preparatory Statement of October 2, 1996, at 6:00 p.m. before the District Judge of the Federal Criminal Proceedings in the State of Mexico, at the Federal Center for Social Rehabilitation Number 1, in Judicial Proceedings Courtroom Number One. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. 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. Quines son los narcojuniors de Narcos Mxico en la vida real 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 . Mexican Tale: Drugs, Crime, Torture and the U.S. Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. The two perpetrators escaped in a white Volkswagen. A great number of questions exist, and many questions remain unanswered in this case. 448 (1901). "EL Lobo"Hodoyan of the CAF gains his freedom - Borderland Beat In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. Hearsay evidence is admissible on behalf of the Respondent to establish the "obliteration" of probable cause. Miranda also identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74. Cruz also said he transported weapons used in Ibarras slaying. United States v. Kin-Hong, 110 F.3d 103 (1st Cir. Court documents say the threat against assistant U.S. Atty. 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. Mexico also takes the position that the statement is inaccurate and not properly certified or executed. 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. 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. Cruz describes his mistreatment and torture at the hands of the Mexican authorities. 1136 (1916). [19]Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. 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. Matter of Extradition of Mainero, 990 F. Supp. 1208 - CourtListener 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. Respondent also asserts that not only have the governing administrations changed in Mexico and the United States since the 1978 signing of the Treaty, but the purpose and intent of the parties is materially different from what it was at the time the Treaty was signed. Los narcos asesinan, se ren y despus se van a cenar That conclusion is based on the following analysis. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. 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. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. Mexican law defines murder (or homicide) as taking the life of another (Article 302). The environment where the deposition was taken is not suggestive of any coercive circumstances. Connect with the definitive source for global and local news. California. Respondent's roles and activities in these regards is specifically referenced. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. Columna. [23] Cruz made several statements relative to this matter. BATTAGLIA, District Judge. [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. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". Gill v. Imundi,747 F. Supp. Por Investigaciones ZETA. DRUG GANG'S LONG ARM GRIPS MEXICO - The Washington Post No. 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. 25. Background. (2) Gustavo Miranda Santacruz. Through observation and discussion, he became privy to the knowledge set forth.