Mexico Wins Extradition of Two Defendants From U.S. for Drug-Killing 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. 956 (1922), In re Locatelli,468 F. Supp. On September 30, 1996, the United States Attorney's Office for the Southern District of California, acting on behalf of the Republic of Mexico, presented to the Honorable Anthony Battaglia, United States Magistrate Judge, a complaint and a formal extradition request for Emilio Valdez Mainero (hereinafter "Valdez" or "Extraditee"). Kitty Pez, el narco real que interpreta Bad Bunny en 'Narcos Mxico 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. Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. Respondent's objections to this evidence and his explanatory evidence have already been addressed, and rejected. Respondent's roles and activities in these regards is specifically referenced. Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. [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". The Treaty between the United States and Mexico calls for probable cause to be measured by the standards established in the requesting country. Mar. [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". 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. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge [48] Authority for this proposition is gathered from dicta in some case law in that there is no direct authority for this proposition. [23] Cruz made several statements relative to this matter. [42] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION (Docket No. The court, for reasons explained below, grants the petition, finding the detainee extraditable. The Ninth Circuit held that "[t]his contention lacks merit because under general extradition of the United States and under the provisions of Treaty, the hearsay statements Keller summarized in his affidavit are competent evidence." ("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. California. Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. 13, 22 (D.Mass.1989). Respondent also offers, as evidence to defeat probable cause, recantations by Cruz and Soto relative to the earlier statements[36]. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Quin era en realidad 'El Kitty', narcojunior al que da vida Bad Bunny 956 (1922). He states that the reason that Gallardo was murdered was because he had allowed "Chapo Guzman" into the territory of Tijuana to deal drugs and push out Benjamin Arellano Felix. 371. No applicable authority was presented on this point and prevailing authority as set forth herein supports this ruling. La historia detrs del ingreso de Bad Bunny a "Narcos: Mxico" - Mag. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. California. 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. 029n1est - La Jornada In the Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996. 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. [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. 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]. El Lobo was captured in the United States together with Emilio Valdez Mainero "El Radioloco", they were extradited to Mexico in January of 1998 and also sent to Altiplano at Almoloya de Juarez. 30), he requests discovery regarding the statement by Miranda. January 1997: Hodin Gutierrez Rico, a . (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). The law limits extradition to circumstances where the Treaty is in full force and effect. Respondent's discovery request in this regard is denied. On October 22, 1997, the Court issued an Order directing the United States Attorney to produce photographic evidence referenced in witness statements and related to the issue of the identity of Respondent. This assertion relates specifically to the supplemental filing of evidence regarding the first degree murder charge on January 14, 1997 and the weapons charge related to the events and circumstances of April 9, 1996. Seduction of a Generation - Los Angeles Times Los narcos asesinan, se ren y despus se van a cenar at 1450-1451. 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. Court documents say the threat against assistant U.S. Atty. In that statement, Cruz was noted to have suffered multiple burns which were attributed to an incident several days before when he was inspecting the exhaust pipe of a vehicle. This document is submitted to be from the files in the prosecution of General Gutierrez Rebollo, by the Republic of Mexico, in Mexico. October 21, 1996. Ejecutivo Mercantil Autr. Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. 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. 1983). 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. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Argument, inference and innuendo is all that has really been presented here. There is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. In fact, in the statement to the district judge on October 2, 1996, Mr. Soto indicates that he has no physical defects. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. 33) which is similarly denied for the reasons stated. 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. Several days went by before Cruz met with Valdez, Martinez, Contreras and Cabrera. For the reasons set forth in footnote 32 an extended analysis of the recantation is not set forth, nor is the recantation viewed any differently than those of Cruz and Soto. He declared that, in May, 1992, Ramon Arellano-Felix and Valdez killed rival drug traffickers, the Olmos brothers, and that Valdez told him and other members of the AFO that Valdez would pay $150,000 to them if they took the blame for the Olmos murders. [38] Specifically, Cruz was charged with homicide and Soto was charged with possession of various *1224 weapons, and a narcotics related offense (possession of marijuana). A certified copy of the extradition Treaty between the United States of America and Mexico of May 4, 1978 *1217 (TIAS 9656) was submitted by the United States in support of its position that the Treaty is presently in full force and effect. Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. 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. Matter of Extradition of Mainero, 990 F. Supp. 1208 (S.D. Cal. 1997) En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue . *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. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. In Quinn v. Robinson, 783 F.2d 776, 815 (9th Cir.1986), the Ninth Circuit reaffirmed that hearsay evidence that would be inadmissible for other purposes is admissible in extradition hearings. Otro de los reclutados fue Alfredo Hodoyan Palacios, quien era hijo de un empresario prominente en Tijuana. The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. BATTAGLIA, United States Magistrate Judge. When arrested, Gallardo said that the marijuana belonged to Benjamin Arellano Felix, which caused the issuance of an arrest warrant for Benjamin Arellano Felix. DRUG GANG'S LONG ARM GRIPS MEXICO - The Washington Post