In support of its extradition request on the charge of criminal conspiracy, Mexico has provided, among other things, the following sworn, certified and authenticated witness statements which detail Valdez' membership and participation in the Arellano Felix drug trafficking organization: (1) Gerardo Cruz Pacheco aka "Capitan". As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. 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. at 952. Nobody threatens my brother because the moron who does it, dies.". Probable cause exists to believe that the Respondent committed the offenses of homicide and criminal conspiracy as charged against him in Mexico. 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. View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. Mexico), they could have easily added that provision. October 21, 1996. Respondent had indicated that a recantation by Vasquez would be filed, but no such document has been offered in evidence in this case. (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). 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. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). *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. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . denied, 405 U.S. 989, 92 S. Ct. 1251, 31 L. Ed. 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. 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. Defense counsel was provided for Mr. Cruz. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. 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. [37] Respondent criticizes Mexico for not filing this set of documents. These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. The Court is not limited in its receipt of this evidence by virtue of the lack of certification. During the meeting, the group discussed their plans to kill enemies of their interests, including Amado Carillo, a rival drug trafficker. Court documents say the threat against assistant U.S. Atty. 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. 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. 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). R.Crim.P. 1136 (1916). The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. 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. 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. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. [45] The physical injuries to Cruz are certainly suspicious in this regard. Ahora me siento segura ya que me entero inmediatamente de todo lo que sucede, inclusive antes que mi abogado y que el abogado de . California. There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. October 21, 1996. 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. Soto extensively describes other, numerous criminal activities of the AFO. 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. 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. Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. Elias v. Ramirez,215 U.S. 398, 30 S. Ct. 131, 54 L. Ed. BATTAGLIA, United States Magistrate Judge. [17] Article 9(1) provides in pertinent part, "the executive authority of the requested party shall have the power to deliver them up if, in its discretion, it is deemed proper to do so". This finding could be based upon the testimony of Miranda and Alejandro, alone. (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. ("Cruz") In his October 12, 1996 statement, Cruz declared before an agent of the Mexican Federal Public Prosecutor that Valdez, Martinez and, Fabian Partiday, aka "Domingo," described to him crimes that they had committed, the firearms they used to commit the crimes, and the numerous cities in Mexico, in which they had committed crimes in furtherance of the goals of the AFO. The indicia of reliability is in favor of the formal statements given to the Mexican authorities by Soto and Cruz and not their in court "recantations." Appellant appealed the habeas corpus denial to the Second Circuit. 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. 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.". 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. [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. 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. [19]Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. "The rationale is that such matters are to be determined solely by the executive branch." 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. In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. Magistrate No. In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. [30] These statements challenge the "motive" for the Gallardo murder as stated by Cruz and Miranda. 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. This is part of the framework created by case law in these proceedings. In Gallina, commissioner found the appellant subject to the extradition in Italy. [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 Emilio Valdez MAINERO. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. Miranda was granted "use immunity" for giving the statement. En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. 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. 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. Quines son los narcojuniors en los que est basada la historia . Finally, Valdez offers that Cruz, Soto, Alejandro and Vasquez[32] were subjected to torture, *1222 and were under duress at the time of the "alleged" statements. 956 (1922). Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. Id. In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. 611 (S.D.N.Y.1985). When he appeared in court, the judge also noted, on the record, residual signs of physical injury. 5.1 is denied. [39] MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, Page 6, lines 5-7 (Docket No. Id. All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. Matter of Extradition of Koskotas, 127 F.R.D. Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. The witnesses all identify Respondent as the perpetrator in these regards. Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). Case Number: 97CR2149 JM (S.D. 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. 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. Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . The Department of Justice shall prepare a certification consistent with this memorandum as required by 18 U.S.C. Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. Respondent does not dispute that the Treaty requirements have been met with regard to these items with three exceptions. 1971), cert. The court denied the writ. 970 (1925); the probable cause is sustained if competent evidence to establish reasonable grounds is presented, not necessarily evidence competent to convict. (2) Gustavo Miranda Santacruz. On the other hand, the formal statements of Soto and Cruz have significant detail concerning the personal background of the witnesses and the specifics of the offenses and related matters. Valdezs attorney said some of the statements were extracted under torture. 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. As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. 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.]" Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. 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.
Part Time Evening Jobs Nyc Craigslist, Moral Intention Is Defined As Follows, Lpss Child Welfare And Attendance, How Did Chris Cornell Learn To Sing, Articles E