Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. The credible evidence, satisfies Mexico's burden in this respect[44]. Support for the reliability of Soto's "recantation" (and by inference the other recantations) is offered by Respondent in an unsigned and uncertified declaration of First Seargent Vicente Ruiz Martinez, submitted on June 30, 1997 at the extradition hearing. See footnote 25. For the reasons set forth in the Memorandum Decision Denying Bail (see footnote 1), the Court finds that the offense of carrying a firearm exclusive to the Army, Navy and Air Force lacks dual criminality and petitioner fails in its burden regarding extradition on that matter.[18]. 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. ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. 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 videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. Estudiaban en colegios particulares, eran de familias acomodadas y los deslumbr el estilo de vida del "Mon", uno de los lderes del crtel de Tijuana. one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; ``When they want to do a job _ when they want to bring down the hammer _ they can do it with brilliance and genius, Lupsha said. 2d 455 (1972). 2d 208. Background. 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. Ahora me siento segura ya que me entero inmediatamente de todo lo que sucede, inclusive antes que mi abogado y que el abogado de . De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . The notes are identified by Augustin Hodoyan, Alejandro's brother. 44). mayo 9, 2022. narcoseries Netflix. [15] The Treaty, in Article 11, and 18 U.S.C. [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. at 952. 1983). 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). [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. The March 3, 1997 date is taken from the first line of the document. 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. This issue was not challenged by the Respondent. 1462, 1464 (S.D.Tex.1992). There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". E. Alejandro Enrique Hodoyan Palacios On November 30, 1996, Alejandro Enrique Hodoyan Palacios (hereinafter "Alejandro") gave a deposition at the office of the Attorney General of the United States of Mexico. Seduction of a Generation - Los Angeles Times The recantations are little more than self-serving declarations at the time of "arraignment" on the charges based upon the statements given to the federal prosecutor. 970 (1925); the probable cause is sustained if competent evidence to establish reasonable grounds is presented, not necessarily evidence competent to convict. The Department of Justice shall prepare a certification consistent with this memorandum as required by 18 U.S.C. Mexican Tale: Drugs, Crime, Torture and the U.S. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. On June 26, 1997, respondent filed a SUPPLEMENTAL SUBMISSION RE: EXTRADITION AND REQUEST FOR DISCOVERY[34], with an attached declaration of Augustin Hodoyan (Alejandro's brother) with Alejandro's personal notes which were used to create the March 3, 1997 declaration. Alejandro provides an unrestrained narrative discussion of various events and circumstances, prompted by periodic questions and all simultaneously recorded in an office on CPU's. Informacin de El Universal. 253 (1910); Rice v. Ames,180 U.S. 371, 21 S. Ct. 406, 45 L. Ed. 18 U.S.C. [21] This evidence is certified by the principle diplomatic or counsular officer of the United States in Mexico and is received into evidence pursuant Article 10(6) of the Treaty and 18 U.S.C. (4) Alejandro Enrique Hodoyan Palacios In his November 30, 1996 deposition, Alejandro not only discussed the murder of Gallardo and Sanchez, but he also discussed other criminal activity involving the AFO and including the activities of Respondent Valdez. 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. It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). The two perpetrators escaped in a white Volkswagen. Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. The essential question is whether the indicia of reliability is on the recantation or the initial statement. BATTAGLIA, United States Magistrate Judge. 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. He later was charged with several murders, including Ibarras. Miranda also declared that Valdez had told him he and Fabian Reyes Partida, aka "Domingo", (hereinafter Reyes) had assassinated Jesus Romero Magana because he was investigating Valdez' criminal activity. Elias v. Ramirez,215 U.S. 398, 30 S. Ct. 131, 54 L. Ed. Court documents say the threat against assistant U.S. Atty. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. In re Petition of France for Extradition of Sauvage,819 F. Supp. 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. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". While Ruiz provides no direct account of any torture, this information supports a finding that Alejandro was "in custody"[43] along with others and supports an argument that extended detention was involved in the handling of the witnesses by Mexico. 28). 448 (1901). [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. 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. On July 29, 1997, Respondent filed a Motion to Reopen Evidence in this matter. In Matter of Extradition of Pazienza,619 F. Supp. 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. Narcos Mxico 3: de Kitty Pez a los Arellano Flix - infobae 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. At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . NARCOTRAFICO: DETENCIONES DE 1RA GENERACION DEL CAF - Blogger Sign up for our free summaries and get the latest delivered directly to you. Get free access to the complete judgment in MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. 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 . 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. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 834 F.2d 1444, 1453. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. DRUG GANG'S LONG ARM GRIPS MEXICO - The Washington Post Quines son los narcojuniors de Narcos Mxico en la vida real 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. "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. [20] i.e. Defense counsel was provided for Mr. Soto for purposes of his testimony. 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. Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities. 44). [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. In fact, in the statement to the district judge on October 2, 1996, Mr. Soto indicates that he has no physical defects.
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