1978). Respondent also cites Title 18 U.S.C. Support for its origin is suggested from a New York Times article[40]. (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. The date of production for the photographic evidence was set for November 5, 1997[9] and later extended with properly authenticated and certified originals being filed on December 1, 1997. The Miranda statement provides competent evidence to support a finding of probable cause that Valdez was involved in the Gallardo and Sanchez murders of April 9, 1996. The . [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. 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. In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. The United States has filed videotapes of Alejandro's November 30, 1996 deposition. 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. The charge related to the 1994 event has been abandoned. 563, 572 *1219 (S.D.N.Y. 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. [27] Soto actually made a series of statements relative to this matter. (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. 956 (1922). 1989), cert. [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. 000012 dated January 3, *1213 1997. The evidence tying Valdez to the murder of Gallardo and Sanchez itself, given the numbers of other individuals involved, supports the criminal association charge. In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. 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. Appellant then filed a writ of habeas corpus with the district court. 12). 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. 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. 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. 1280 (D.Mass.1997) but reversed on appeal. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, p. 55, lines 17, et seq., Docket No. When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. A great number of questions exist, and many questions remain unanswered in this case. 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. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. 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. 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. Background. 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. California. 577 (1901). Buscar. ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. He later was charged with several murders, including Ibarras. 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. [13] The documents themselves do not have to filed in court by the 60 day period, only received by the United States. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. 5.1 is without authority and is unavailable in any event under prevailing authority. As earlier stated, the circumstances of Alejandro's testimony are not suggestive of torture, coercion or duress. Alejandro's statement, at page 13, implicates Respondent[47] in the murder. He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. Soto also explains the details of the alleged abuse visited upon him. 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. [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). 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. They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. Bingham v. Bradley,241 U.S. 511, 517, 36 S. Ct. 634, 60 L. Ed. United States v. Taitz, 130 F.R.D. 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 . 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. 896 (S.D.Cal.1993). Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". Specifically, the tape of the interview with Miranda, all notes and interview sheets, and documentation concerning Assistant United States Attorney Curiel's agency on behalf of Mexico. The statements attributed to Respondent Valdez from the wiretape surveillance,[35] result in a finding that Alejandro's March 3, 1997 declaration and personal notes were contrived and are unreliable. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 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. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . 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. [5] This Declaration is filed in Case No. Article 11, Paragraph 3, provides that the provisional arrest "shall be terminated" if the United States does not receive the formal request for extradition and the necessary documents specified in Article 10 within 60 days after the detainee's apprehension. The 33-year-old Mexican . Demandado: Emilio Ricardo Valdez Mainero. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. In Bruton, the Supreme Court held that the admission of a co-defendant confession at a joint trial violates the defendants right to confrontation if the confession also incriminates the defendant. The Department of States's opinion is entitled to deference. Homicide is an extraditable offense under Article 2(1) and Appendix Part 1 of the treaty. Under Article 10(7) of the Treaty, the probable cause determination is to be made in accordance with the laws of requested party (here, the United States). One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. 39); and, SUPPLEMENTAL ORDER DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 12, 1997 (Docket No. In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. Background. 40). ), 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. 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. While 3188 requires the United States to deliver a person committed for extradition to a foreign government within two months, that provision has no application to the proceedings in this case, at this stage, as commitment does not occur prior to the certification of the Respondent's extraditability by the Court. emilio valdez mainerospiral pattern printing in c. phillies front office salaries In the absence of legal authority to support the court's ability to find the treaty invalid for changed circumstances or that the purpose and intent of the parties in this instance is materially different, Respondent's position in this regard is rejected. The Treaty between the United States and Mexico calls for probable cause to be measured by the standards established in the requesting country. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position.
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