Alejandro's statement, at page 13, implicates Respondent[47] in the murder. 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. Respondent's request for discovery is denied. Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. 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 . R.Crim.P. [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. Extradition of Kraiselburd, 786 F.2d 1395, 1399 (9th Cir.1986). 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. They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. 2d 74 (1960), as the case that establishes the possibility of a "humanitarian exception" based on the "federal court's sense of decency." It is also alleged that Respondent was in charge of cocaine and marijuana shipments for the AFO and as a leading member of the organization, was responsible for assigning code names to the other members. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. The Department of States's opinion is entitled to deference. Id. Valdez told Contreras, "Wait for me here and when you see us leave the parking lot in the white Volkswagen, make a wall so that we won't be followed". The witnesses all identify Respondent as the perpetrator in these regards. 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. Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. Tambin as reclutaron a Alfredo Hodoyan Palacios, hijo de un empresario de Tijuana, quien comenz a pasar droga sin levantar sospechas pues era . Background. Respondent also offers, as evidence to defeat probable cause, recantations by Cruz and Soto relative to the earlier statements[36]. His body was found in Osmun Lake in Pontiac on June 7, 2018 but no arrests were made until April 8 of this year. Miranda's statement was given to an officer of this Court. In the Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996. 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. 39); and, SUPPLEMENTAL ORDER DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 12, 1997 (Docket No. 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). The court has jurisdiction over the Respondents if they are before the court. A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. 54(b) (5). As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . (5) Gilberto Vasquez Culebro. The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. These issues were analyzed under that premise. [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. 96mg 1828(AJB). The Court may act upon unsworn statements of absent *1223 witnesses, although they could not have been received by the judge under the law of the state in a preliminary examination. 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. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). ), 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. Nobody threatens my brother because the moron who does it, dies.". Discovery is not available in extradition proceedings. Cal. Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. LOS NARCOJUNIORS. Explanatory evidence is allowed only if the evidence would, clearly, negate a showing of probable cause. In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. The Secretary of State makes the ultimate decision on whether to surrender the Respondent. Neely v. Henkel, supra. No charges have been filed against Anaya, and he denies the allegations. BATTAGLIA, District Judge. Cruz declared that in April 1996, he received a message from Martinez instructing him to meet at the Glorieta del Angel at 6:00 p.m. At that location, Cruz met with Valdez, Martinez and Contreras. Hodoyan haba estudiado en una . Miranda stated that the murder took place the first part of April 1996, at the Holiday Inn in Toluca. Specifically, Respondent sought "all witness statements submitted in General Gutierrez Rebollo's case to determine whether or not there is additional relevant testimony." The United States has also offered statements from interviews between Alejandro and federal agents in February of 1997 which are asserted to corroborate Alejandro's knowledge of the AFO and his willingness to cooperate. 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. [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. An extradition hearing is not a criminal proceeding and the person whose return is sought is not entitled to the rights available in a criminal trial at common law. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. 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. The Court's direction to the United States to request from Mexico a copy of the signed statement by Ruiz or other information confirming its authenticity and the actual arrest dates of the individuals involved has been met with a response that this information is not available. The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. [18] In the original request, Mexico sought extradition on the firearm offense related to events and circumstances alleged to have occurred on April 13, 1994. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. aka "Cachuchas" In his September 30, 1996, declaration before an agent of the Mexican Federal Public Prosecutor, Gilberto Vasquez Culebro, aka "Cachuchas", (hereinafter Vasquez), declared that Valdez was a member of the AFO and that, in March, 1995, Valdez was in the company of the other AFO members, including, Eduardo Leon, aka "Abulon", Contreras, and Reyes. ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. Collins v. Loisel,259 U.S. 309, 316, 42 S. Ct. 469, 66 L. Ed. The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. The extradition proceeding is not a criminal trial nor is Respondent entitled to the rights available in a criminal trial at common law. denied, 405 U.S. 989, 92 S. Ct. 1251, 31 L. Ed. 777(N.D.Cal.1985). Argument, inference and innuendo is all that has really been presented here. 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. In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. 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. 956 (1922). The charge related to the 1994 event has been abandoned. Defendant Emilio Valdez-Mainero, represented by the Federal Defenders of San Diego, Inc., seeks a 73 month reduction in his sentence on the basis of Amendment 782 to the Sentencing Guidelines which revised the Drug Quantity Table in U.S.S.G. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. These statements do not add a great deal to Mexico's case regarding this Respondent. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. 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. 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. Fed.R.Evid. I Background. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). Several days went by before Cruz met with Valdez, Martinez, Contreras and Cabrera. Mexican prosecutors persuade California courts to send Alfredo Hodoyan Palacios and Emilio Valdez Mainero, alleged paid killers for a vicious drug ring based in Tijuana, back to Mexico to face . 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.