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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.]" As to Soto, his three statements to the Mexican authorities, two on September 27, 1996 and one on September 30, 1996, respectively, do not reference any injury. This element was not challenged by the Respondent. Mexico also takes the position that the statement is inaccurate and not properly certified or executed. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. Miranda was granted "use immunity" for giving the statement. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. 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. These three were carrying short range firearms in a white Volkswagen. 40). [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. 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. denied, 398 U.S. 903, 90 S. Ct. 1688, 26 L. Ed. This latter evidence also results in a finding that any hostile action taken toward Alejandro and resulting in his disappearance and murder was more likely than not prompted at the direction of the AFO and not Mexico. In re Petition of France for Extradition of Sauvage,819 F. Supp. He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. "El Lobo" tambin fue capturado en los Estados Unidos junto con el tijuanense Emilio Valdez Mainero "El Radioloco", ambos extraditados a Mxico en enero de 1998 y tambin remitidos a Almoloya de Jurez. The Ninth Circuit has held that self incriminating statements of accomplices are sufficient to establish probable cause in an extradition hearing. 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. 834 F.2d 1444, 1453. 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. The interests of Mexico were represented by the United States through the United States Department of Justice, by United States Attorney Alan D. Bersin and Assistant United States Attorney Gonzalo P. Curiel. The Court is not required to decide guilt or innocence, but only determines whether there is competent legal evidence to justify holding the accused for trial in the charging country. 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". No precise authority is offered in regard to this premise. 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]. Valdez then smiled and announced, "The Baby paid me off. The 33-year-old Mexican . En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. 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. Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. *1214 (3) First Degree Murder of Jesus Gallardo Vigil and Jesus Sanchez Angulo in violation of Article 302; Article 303, Sections I and III, Article 315 and Article 320 of the Penal Code for the Federal District. Probable cause exists to believe that the Respondent committed the offenses of homicide and criminal conspiracy as charged against him in Mexico. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. The contours of the extradition proceeding were shaped by the Treaty and statute. Equihua had been close to a witness in the drug-related cases of Alfredo Hodoyan and Emilio Valdez Mainero, which were due to be heard in San Diego courts. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. The two perpetrators escaped in a white Volkswagen. [48] Evidence submitted in this regard includes the "recantations" regarding the use of torture to extract statements from the witnesses as well as the alleged abduction of Alejandro. The magistrate judge need only determine whether there is competent evidence to justify holding the Respondent for trial, not whether the evidence is sufficient to justify conviction. [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. 290 Brought to you by Free Law Project, . Under 18 U.S.C. Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. 1996) on CaseMine. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. Miranda declared that Valdez and Martinez committed the murder of Gallardo. According to testimony given to . Valdez moved the Court for release under the special circumstances doctrine. When he appeared in court, the judge also noted, on the record, residual signs of physical injury. 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. The scope of this proceeding is narrow and is limited to the existence of probable cause and the evidence, received by virtue of the Treaty provisions and applicable law. 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. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . 253 (1910); Rice v. Ames,180 U.S. 371, 21 S. Ct. 406, 45 L. Ed. The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. 54(b) (5). The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. SAN DIEGO (AP) _ Ernesto Ibarra Santes, the federal police commander in Tijuana, Mexico, fearlessly vowed to topple a vicious drug organization that controls the busiest cocaine corridor into the United States. The complaint . Appellant asked the Court of Appeals to stop his extradition because he had been convicted in absentia in Italy and, therefore, would be imprisoned without trial, be unable to confront his accusers and would not be able to conduct a defense. Mexico also argued that the document was not certified as required by the treaty and would be presumptively inadmissable. Id. [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. Soto acknowledges having signed the statement as well as affixing his fingerprints. 33. Recanting statements are relevant in these proceedings as they affect probable cause. [45] The physical injuries to Cruz are certainly suspicious in this regard. The holding in Gallina, however, offers no support for Valdez' claim. A significant portion of the mens statements were taken in Mexico by officials putting together the case against Valdez and his companion at the time of his arrest, 25-year-old Alfredo Hodoyan de Palacios. emilio valdez mainero. 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. In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. Elias v. Ramirez,215 U.S. 398, 30 S. Ct. 131, 54 L. Ed. The two cars stopped in the village of San Mateo Atenco. [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. 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. 39); and, SUPPLEMENTAL ORDER DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 12, 1997 (Docket No. This document is submitted to be from the files in the prosecution of General Gutierrez Rebollo, by the Republic of Mexico, in Mexico. *1225 Seargent Ruiz' statement appears to confirm Soto's statement that he was arrested prior to the September 27, 1996 date set forth in the statements made to the Mexican authorities. Cal. At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. "The rationale is that such matters are to be determined solely by the executive branch." 1462, 1469 (S.D.Tex.1992). Publicado: 5/6/2021 7:10:25 PM. 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. 00:15. The extradition request and supporting documents are admitted into evidence during the hearing and the post hearing submissions are properly authenticated or otherwise admissible within the discretion of the Court. Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. 577 (1901). 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. 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. Background. Concerning the murder and firearms charge, it is alleged that on April 9, 1996, at approximately 9:30 p.m., in the restaurant at the Holiday Inn in Toluca, Mexico, Jesus Gallardo Vigil, aka "El Bebe", (hereinafter "Gallardo"), and Jesus Sanchez Angulo (hereinafter "Sanchez") were shot and killed by Respondent and Fabian Martinez Gonzalez, aka "Tiburon", (hereinafter "Martinez"). The physical description of Emilio Valdez Mainero, "El C.P." or "Cabeza de Perro," is the following: 30 years old, 1.77 or 1.76 meters, heavy build, white skin, short straight hair which . Respondent had indicated that a recantation by Vasquez would be filed, but no such document has been offered in evidence in this case. La pequea y poco conocida . 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. 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. California. Netflix lanz la ltima temporada de Narcos: Mxico, donde adems de los personajes que ya conocemos, hay UNA sorpresa: Bad Bunny. 568 (S.D.N.Y.1979). Finally, the United States submits evidence in the form of statements attributed to Respondent related to the disappearance and murder of Alejandro by the AFO and the organizations efforts to effect a recantation of Alejandro's November 30, 1996 deposition. Defense counsel was provided for Mr. Cruz Vasquez identifies himself as a member of the AFO and states that in March, 1996, he had several visitors to his home, including Respondent Valdez, Martinez, and co-extraditee Alfredo Hodoyan Palacios. 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. [27] Soto actually made a series of statements relative to this matter. In re Petition of France for Extradition of Sauvage,819 F. Supp. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. 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. [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. 28). October 21, 1996. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. That conclusion is based on the following analysis. Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. Valdez was ordered detained following arraignment. 30), he requests discovery regarding the statement by Miranda. Mr. Vasquez states that the individuals acted suspiciously and carried long and short range firearms. Where a prior statement is shown to be coerced and the indicia of reliability is on the recantation, then the subsequent statement negating the existence of probable cause is germane in an extradition proceeding. In the final analysis, this Court is required to look at the indicia of reliability with regard to the persuasiveness of this evidence. 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. As indicated previously, the extradition hearing is not a trial, nor a criminal proceeding providing respondent with rights available in a criminal trial at common law. Buscar. Support for its origin is suggested from a New York Times article[40]. Background. Alejandro, who is the brother of extraditee Alfredo Miguel hodoyan Palacios aka "Lobo",[28] stated that his brother told him that Valdez and Martinez had participated in the murder of Gallardo at the Holiday Inn Hotel in Toluca. There is no evidence to suggest that the United States no longer honors the treaty or that its purpose and intent are no longer served. 3188 for a similar proposition. 1462, 1464 (S.D.Tex. It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. 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. 44). 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No.