*1218 Respondent has been accused by Mexico of murder in violation of Mexican law. Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. BATTAGLIA, United States Magistrate Judge. 1971), cert. Ejecutivo Mercantil Autr. Twenty-eight days after he took office, Ibarra, along with two government agents and a taxi driver, was gunned down in a cab outside Mexico Citys airport. 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. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. at 952. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. LOS NARCOJUNIORS. Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities. Informacin de El Universal. The . [25] While there is no corroborating evidence outside of this declaration itself, that Mr. Curiel was in fact an agent of Mexico under the mutual legal assistance treaty, nor was a copy of that treaty provided, this evidence is received over respondents objection and pursuant to Article 10(6) of the Treaty and 18 U.S.C. 2d 455 (1972). 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. 18 U.S.C. Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). 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. BATTAGLIA, District Judge. 448 (1901). *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. 1103. 23. BATTAGLIA, District Judge. As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. Fed.R.Evid. 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. 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. Cruz describes his mistreatment and torture at the hands of the Mexican authorities. Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980). 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. [37] Respondent criticizes Mexico for not filing this set of documents. [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. 3184. 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. 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.]" According to statements filed in federal court in San Diego, Ibarras assassination Sept. 14 was committed by members of the Arellano Felix drug organization and coordinated by the attorney general of Baja California. In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. 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. ``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. 896 (S.D.Cal.1993). 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 proper authority for the political decision here is, of course, the Secretary of State. Augustin also indicates that Alejandro told him that the Mexican officers intended to torture and kill Alfredo Hodoyan Palacios should he be extradited to Mexico. 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. There, Valdez told the group, "`The Baby' paid me off. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. Only the criminal association (conspiracy) and murder charges satisfy the dual criminality requirement for extradition. 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. Respondent also cites Title 18 U.S.C. See footnote 25. You're all set! 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. No case authority is offered on this issue. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. Fue en una de las celebraciones que conocieron a Emilio Valdez Mainero, el hijo de un coronel que en su momento fue miembro de los guardias presidenciales.Ms tarde contactaron . emilio valdez mainerospiral pattern printing in c. phillies front office salaries Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . 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). Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . [43] The balance of the evidence, as noted, does not lead to the conclusion that Alejandro was under duress, nor, that the November 30, 1996 deposition is unreliable. The request for discovery regarding Miranda was also submitted in RESPONDENTS SUPPLEMENTAL SUBMISSION RE: EXTRADITION AND REQUEST FOR DISCOVERY filed June 26, 1997 in Case 96-1828 (Docket No. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. Miranda declared that Valdez and Martinez committed the murder of Gallardo. In response to this evidence, Valdez offers statements of Gabriel Valdez, Marci Ramirez Marin de Gonzalez and Eva Marin viuda de Pena. Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. There is no corroborating evidence regarding the source, however. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. This is defined as an individual who is a member of a group or gang of three or more persons whose purpose is to carry out criminal activity (Article 164). The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. In the Matter of the Extradition of Contreras,800 F. Supp. Respondent urges that this Court decline extradition based upon a "humanitarian exception" in that he is likely to be tortured based upon his alleged relationship to the Arellano-Felix brothers. He also stated that it was Valdez who assigned him the code name "F7". The United States has filed videotapes of Alejandro's November 30, 1996 deposition. 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. [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). (5) Gilberto Vasquez Culebro. Valdezs attorney said some of the statements were extracted under torture. These issues were analyzed under that premise. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. 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 . In Zanazanian, the Ninth Circuit held that police reports which summarize the statements of witnesses are competent evidence, *1227 even though the same documents would be inadmissible hearsay in other contexts. 371. Respondent's roles and activities in these regards is specifically referenced. 777 (N.D.Cal.1985). The Republic of Mexico seeks to extradite Valdez to answer the following charges: (1) Carrying a firearm exclusive to the Army, Navy and Air Force on or about April 9, 1996 in violation of Article 83, Section II, in accordance with Article 11, Section (b), of the Federal Law of Mexico on Weapons and Explosives;[10]. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. 934 (D.Mass.1996). This resulted in the arrest of Valdez on September 30, 1996. There was no mention of the lost eye in the medical exam performed by the Republic of Mexico or during the court proceedings where the alleged recantation took place. EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. 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.