HighView Page - Virginia Colwell

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CHI~F tARTUR_o.jp_U~~Z~ORENO A)/?_.
2, !985, AMfD HEAVY ~~~~~~y~
2 • .fORMER MEXICO CITY POLICE
R&fURNED TO MEXICO ON APRIL
AND MUCH PRESS SPECULATION.
FOR NOW; HIS
~
FROM THE UNITED STATES REPRESENTS A MINOR, MOSTLY
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~
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SYMBOLIC, VICTORY FOR MEXICAN PRESIDENT DE LA MADRID'S
MORAL RENOVATION CAMPAlqN.
RANKING
~-
TO DATE, DURAZO IS THE'HIGHEST
AND PERHAPS MOST CELEBRATED -· MEXICAN OFFICIAL
TO BE JAILED ON CHARGES OF CORRUPTION.
HIS RETUNN TO
MEXICO HAS FUELED PUBLIC DEBATE IN THE PRESS OVER wHETHER
HE WILL NAME OTHER HIGH·LEVEL GOM OFFICIALS INVOLVED IN
CORRUPTION AND wHETHER THE ATTORNEY GENERAL•S OFFICE
WILL PRESENT ADDITIONAL, MORE SERIOUS, CRIMINAL CHARGES
AGAINST HIM.
THUS FAR, THE GOM HAS ONLY CHARGED HIM \ifiTH
CRIMES COVERED BY HIS EXTRADITION
ORDER.
.
FURTHER
CHARGES,
.
OF COURSE, WILL REQUIRE USG APPROVAL ·UNDER TERMS OF THE
EXTRADITION TREATY.
DURAZO'S RETURN HAS ALSO FUELED
SPECULATION OVER THE WHEREABOUTS OF HIS FORMER RIGHTHAND MAN, EX-CHIEF OF·THE DIVISION OF INVESTIGATIONS.
FOR THE PREVENTION OF DELINQUENCY
~
0_3RAN§I~C;~. S\~~:!.~A:.:1tf
WHO COULD IMPLICATE DURAZO IN SEVE~AL CRIMES.
AS FOR
~
DURAZO, HE WILL LI -.
ELY PLAY HIS CARDS SAFELY.· HE WILL
PROBABLY -- IF HE HAS NOT ALREADY DONE SO - ... ATTEMPT TO
CUT .A DEAL WITH THE GOM SIMILAR TO THAT ·ARRANGED BY
ANOTHER CORRUPT FORMER OFFICIAL DlAZ SERRANO: COMFORTABLE
JAIL CONDITIONS AND NO NEW CRIMINAL CHARGES
A~AINST
~
HIM IN RETURN FOR KEEPING QUIET ABOUT OTHER OFFICIALS'
INVOLVE ME NT r'N CORRUPTION.
WHET:HE;R THE ATTORNEY GENERAL • S
:~.,~·..........:..~~•..:.:·...:,:;,..·~-··•J..J.;·..;;,;;,l.<...-;;.. ~·~ ,,......1.·.,-:t.l't< it".,V~~~tL•~\! n-·•i.-,~"'
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Wif~ INVOLVEMENT IN OTHER CRIMES OR INSTEAD SETTLE FOR
,
TH~ORRENT,
LESS SERIOUS, CHARGES IS A KEY QUESTION IN
THE DURAZO CASE.
IF THE,GOM ACTUALLY OPIS FOR THE FORMER
COURSE OF ACTION, THEN IT WILL REDUCE SOME OF THE CYNICISM
THAT NOW EXISTS TOWARD DE LA MADRID'S LAGGING MORAL
RENOVATION CAMPAIGN.
IF THE GOVERNMENT OPTS FOR THE
SECOND -- AND EASIER
OPTION -- THEN IT wiLL STRENGTHEN
THE HAND OF THOSE WHO SAY MMH DOES NOT HAVE THE WILL OR
STRENGTH TO· TACKLE CORRUPTION WHEN OFFICIALS IN T~E UPPER
.HIERARCHIES OF THE GOVERNMENT MAY BE IMPLICATED.
END
SUMMARY AND INTRODUCTION.
3.
ACCORDING TO INFORMATION PROVIDED TO AN EMBASSY
OFFICER' DURAZO•.s LAIJJYER
I
ICALLED MEXICAN
DEPUTY ATTORNEY GENERAL ORTEGA -- BEFORE EXHAUSTING
DURAZO'S APPEALS OF HIS EXTRADITION ORDER IN THE
TO TRY TO ARRANGE A DEAL.
u.s. --
ACCORDING TO THIS ACCOUNT;
DURAZO WOULD RETURN TO MEXICO WITHOUT PUSHING FURTHER
APPEALS OF HIS EXTRADITION IF THE GOM AGREED TO THE
fOLLOti/ING THREE CONDITIONS: CA> DETENTION AT MEXICO
CITY'S SOUTH PRISON <RECLUSORIO SUR> WHERE THE PRISON
DIRECTOR IS SUPPOSEDLY A DURAZO ACQUAINTANCE, (B) NO
ADDITIONAL CRIMINAL CHARGES BY THE GOM AGAINST DURAZO
BEYOND THOSE SPECIFIED IN THE EXTRADITION ORDER, AND
CC> A GUARANTEE FROM THE ATTORNEY GENERAL'S OFFICE FOR
)URZAO'S SECURITY WHILE IN PRISON.
~EFUSED
ro
A DEAL SINCE THE MEXICAN GOVERNMENT DID NOT NEED
NEGOTIATE.
~PPROVAL
ORTEGA, HOWEVER,
THE EXTRADITION, THE GOM KNEW, WOULD GAIN
FROM THE
u.s.
COURT SYSTEM.
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GOM AND THE RULING INSTITUTIONAL REVOLUTIONARY
PARTY CPRI> CANNOT SIMPLY LET DURAZO GO UNPUNISHED.
LOCAL
AND INTERNATIONAL PUBLIC OPINION RIGHTLY VIEW DUHA.ZO
AS A CROOK WHO SHOULD BE PUNISHED, A PERCEPTION FUELED
AT LEAST LOCALLY -- BY TWO BOOKS AND A MOVIE.
THE GOM
GENUINELY SOUGHt DURAZO~S. EXTRADITION AND MADE A CONSCIOUS
DBQISION TO SATISFY PUBLIC DEMAND FOR THE PUNISHMENT OF
A WIDELY RECOGNIZED .CORRUPT OF'F'ICIAL.
THUS, THE DE LA
MADRID ADMINISTRATION CAN PROUDLY POINT TO THE EXTRADITION
AS A VICTORY -- EVEN IF' ONLY SYMBOLIC -- F'OR THE MORAL
~ENOVATIO~
~ILL
5.
BT
CAMPAIG·N.
WHETHER IT AMOUNTS TO MORE THAN THIS
DEPEND ON GOM PROSECUTION OF THE CASE.
THUS F'AR, THE MEXICAN ATTORNEY GENERAL HAS CHARGED.
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APR 85
FM AMEMBASSY MEXICO
TO
RUEHC/SECST~TE
WASHDC IMMEDIATE 1850
INFO RUEABND/DEAHQS WASHDC
RUEHFB/FBI WASHDC
RUEBWJA/DEPT OF JUSTICE WASHDC
RUEHME/ALL USCONS MEXICO POUCH
BT
C'"'O N F~· T I A L SECTION 02 OF 03 MEXICO 09151
E.O. 12355: DECL:OADR
TAGS.: PGOV, PINS, SNAR, MX, US
SUBJECT: DURAZO•s RETURN: WILL IT BEEF UP MMH'S LAGGING
f
DURAZO ONLY wiTH EXTORTION AND ILLEGAL POSSESSION.OF
FIREARMS, THE TWO CRIMES SPECIFIED IN DURAZO'S EXTRADITION
ORDER.
THE GOM WOULD, OF COURSE, HAVE TO OBTAIN USG
APPROVAL FOR ADDITIONAL CRIMINAL CHARGES. UNDER THE
r
EXTRAD!TION TREATY CAND EMBASSY UNDERSTANDS THAT APPROVAL
WOULD BE ALMOST AUTOMATIC>.
WHETHER THE ATTORNEY
GENERAL'S OFFICE WILL' THOROUGHLY INVESTIGATE AND CHARGE
DURAZO wiTH INVOLVEMENT IN OTHER CRIMES OR INSTEAD SETTLE
FOR.THE CURRENT, LESS SERIOUS, CHARGES IS A KEY QUESTION
IN THE DURAZO CASE.
IF THE GOM ACTUALLY OPTS FOR THE
FORMER COURSE OF ACTION, THEN IT wiLL REDUCE So'ME OF
.
·'
. ..
7::~:!'~:::~: :::~:I::I:::p:::::D :; ~:E M;::::~:EN,T
OPTS FOR THE SECOND -- AND EASIER -- OPTION, THEN IT
~
WILL STRENGTHEN THE VIEW, HELD BY MANY, THAT MMH DOES
NOT HAVE THE v!ILL OR 'fHE STRENGTH TO TACKLE CORRUPTION
WHEN OFFICIALS IN
T~E
UPPER HIERARCHIES OF THE GOVERNMENT
MAY BE IMPLICATED.
5.
POSSIBLE ADDITIONAL CRIMINAL CHARGES AGAINST "DURAZO
INCLUDE ILLEGAL DIVERSION OF FUNDS FROM THE AUTOMOBILE
REGISTRY, FRAUD, NARCOTICS TRAFFICKING, AND INVOLVEMENT
.~N
THE JANUARY 1982 TULA RIVER MURDERS.
THE LATTER,
MORE. SERIOUS, CHARGE WOULD BE DIFFICULT TO PROVE, EVEN
ASSUMI~G
DURAZO'S INVOLVEMENT IN THE MURDERS.
ACCORDING
TO THE PRESS, SIX!EEN·FORMER MEMBERS OF THE NOW-DEFUNCT
DIVISION OF INVESTIGATIONS FOR THE PREVENTION OF
DELINQUENCY <DIPD> HAVE IMPLICATED DURAZO
A~D
HIS
RIGHT-HAND MAN, FORMER DIPD CHIEF FRANCISCO SAHAGUN BACA,
IN THE MURDERS.
THE. SIXTEE.N FORMER DIPD OFFICIALS, BY
THEIR ACCOUNT, DETAINED TWELVt COLOMBIANS AND A MEXICAN
TAXI DRIVER FOR THEIR INVOLVEMENI IN DRUG TRAFFICKING,
RAPES., AND ROBBERIES OF BANKS, RESIDENCES, AND JEWELRY
STORES, AND
SUBSEQUEN~LY
RELEASED THE THIRlEEN SUSPECTS
AFTER THEY AGREED TO WORK EXCLUSIVELY FOR DURAZO.
WHEN
DURAZO LATER LEARNED THEY HAD BEGUN THEIR.CRIMINAL
ACTIVITIES AGAIN WITHOUT HIS AUTHORIZATION, HE REPORTEDLY
ORDERED THEIR MURDERS THROUGH DIPD CHIEF SAHAGUN.
THESE
ALLEGATIONS BY MEN CURRE·Nt.LY JAILED FOR THE MURDERS ARE,
OF COURSE, SELF-SERVING.
WHETHER THEY CAN PROVE DURAZO
ACTUALLY ORDERED THE MURDERS IS ANOTHER MATTER.
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~. /rHE wHEREABOUTS OF SAHAGUN IS THE SUBJECT OF • MUCH
SPECULATION.
PRESS REPORTS, CITING ANONYMOUS POLICE
SOURCES, CLAIMED THAT THIRTY FEDERAL POLICE AGENTS ARRESTED
~AHAGUN
ON APRIL 11 AFTER A SHOOT-OUT AT HIS RANCH THAT
RESULTED IN THE DEATHS OF TWO OF SAHAGUN'S BODYGUARDS.
1.
FEDERAL DISTRICT. ATTORNEY GENERAL!
SUBSEQUENTLY DENI'ED THESE REPORTS, SAYING THAT, WHILE
AN ARREST WARRANT HAS BEEN ISSUED FOR SAHAGUN'S ARREST,
HE HAS NOT YET BEEN .DETAINED.
HE CONFIRMED, HOWEVER,
THAT A SHOOT-OUT OCCURRED IN MICHOACAN STATE.
THE
LOCATIONS AND CONDITION OF SAHAGUN COULD PLAN AN IMPORTANT
ROLE IN THE DURAZO CASE.
THE FORMER DIPD CHIEF, BY
VIRTUE OF HIS POSITION, WOULD KN6W ABOUT THE INVOLVEMENT
OF bURAZO AND OTHER GOM OFFICIALS IN VARIOUS CRIMES AND
WOULD BE A POTENTIALLY DANGEROUS wiTNESS IN ANY TRIAL.
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8. ;'HE GOM APPARENTLY ISSUED A WARRANT
AR~EST
FOR.SA~AGUN•s
OVER A YEAR AGO, BUT, INTERESTINGLY, FAILED TO
ARREST HIM DESPITE KNOWING HIS WHEREABOUTS AT HIS
HEAVILY-GUARDED RANCH IN MICHOACAN.
MANY BELIEVE
DURAZO'S RETURN AND PUBLICITY OVER SAHAGUN'S CLOSE
\vORK!NG RELATIONSHIP wiTH DURAZO PROBABLY FORCED THE GOM
TO MAKE A SERIOUS EFFORT AT ARRESTING SAHAGUN.
TO HAVE
qURAZO IN JAIL WITHOUT DETAINING THE MAN WHO REPORTEDLY
'•t
•
DID MOST OF THE DIRTY WORK FOR DURAZO WOULD NOT HAVE MADE
SENSE TO THE PUBLIC.
ADDITIONALLY, THE ATTORNEY GENERAL'S
OFFICE MAY HAVE WANTED TO JAIL SAHAGUN AS A MEANS OF
KEEPING DURAZO QUIET <SAHAGUN WOULD BE ABLE TO IMPLICATE
HIS FORMER BOSS IN MANY CRIMES> OR AS A WAY OF STRENGTHENING ITS CASE AGAINST DURAZO ... WHETHER IT PROSECUTES· HIM
FOR ONLY THE CURRENT CRIMINAL CHARGES OR ALSO FOR MORE
SERIOUS CRIMES.
9.
A wELL-PLACED GOM OFFICIAL TOLD AN EMBASSY OFFICER
THAT THE GOM HAD ARRESTED SAHAGUN ON APRIL
12
(NOT
APRIL 11, AS ORIGINALLY REPORTED IN THE PRESS> AFTER A
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AMEM~ASSY
;
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MEXICO
TO RUltHC/SECSTA.TE WASHDC .IMMEDIATE 1851
INFO RUEABND/DEAHQS WASHDC
tUEHFB/.FBI -WASHDC
1UEBWJA/DEPT OF JUSTICE WASHDC
~UEHME/ALL
3T
G ·Q N F
USCONS MEXICO POUCH
I~
A L SECTION 03 QF 03 MEXICO 09!61
E.O. 1235 6: DECL :OADR
fAGS: PGOV, PlNS, SNAR, MX, US
SUBJECT: DURAzo•s RETURN: WILL IT BEEF UP MMH•s LAGGING
SHOOT-OUT IN MORELOS (NEAR SAHAGUN•s RANCH> THAT LEFT
NINE PEOPLE (NOT TWO) DEAD.
4N
ACCORDING TO THIS CONTACT,
OFFICIAL IN.THE ATTORNEY GENERAL•s OFFICE ORDERED
SAHAGUN•s RELEASE AFTER HE
THREATE~ED
TO IMPLICATE .HIGH
LEVEL OFFICIALS FROM THE LOPEZ PORTILLO ADMINISTRATION
~00
1
AT LEAST ONE OFFICIAL WHO REMAINS IN THE CURRENT
~MINISTRATION> IN CRIMINAL ACTIVITIES.
ffiOM THE PRIVATE SECTOR -- CLAIMED
T~AT
HIS RELEASE BY PAYING A HEFTY BRIBE.
ANOTHER CONTACT
SAHAGUN GAINED
COMMENT: EMBASSY
MS NOT CONFIRMED INFORMATION FROM THESE ACCOUNTS BUT
1/0ULD NOT BE SURPRISED THAT THE GOM RELEASED SAHAGUN
I
i
::::n::::'H: p ~::p:::~C::;::~;:;:RY
~:~s/: C~:::;: .
'REPORTS IN THE PRESS OVER SAHAGUN'S ARREST. END COMMENT.
10.
DURAZO, FOR.HIS PART, WILL LIKELY TAKE A SAFE
COURSE.
HE WILL PROBABLY NOT LINK OTHER HIGH-RANKING
GOM OFFICIALS TO CORRUPTION AND NARCOTICS TRAFFICKING.
HE HAS NO INCENTIVE TO DO SO; IF ANYTHING, HE HAS A
LARGE DISINCENTIVE: LINKING OTHERS TO CRIMES WOUL5 MAKE
ENEMIES OUT OF THE FRIENDS HE CURRENTLY HAS OUTSIDE JAIL.
THIS RESULT WOULD NOT AUGUR WELL FOR HIS SURVIVAL, EVEN
THOUGH HE REPORTEDLY HAS BEEN PERMITTED HIS OWN BODYGUARDS
PROVIDING PROTECTION.AT THE JAIL.
DURAZO MAY TRY TO CUT
A DEAL WITH GOM AUTHORITIES SIMILAR TO ONE MADE BY
c===J
.___ ___.I COMFORTABLE JAIL CONDITIONS AND NO' ADDITIONAL
CHARGES
~y
THE GOM AGAINST HIM IN RETURN FOR KEEPING
QUIET ABOUT OTHER OFFICIALS' INVOLVEMENT IN CORRUPTION.
EVEN IF HE WERE GIVEN THE MAXIMUM SENTENCES FOR THE
CRif1ES WITH WHICH HE HAS NOW BEEN CH.ARG ED, HE WOULD BE
SENTENCED ONLY TO THIRtEEN OR FOURTEEN
YE~RS
WHILE THIS wOULD BE A LENGTHY
FOR A MAN HIS
SENT~NCE
IN JAIL.
AGE -- HE IS 68 YEARS OLD .... HE WOULD BE· ELIGIBLE FOR
r
EARLIER RELEASE
B~SED
ON GOOD BEHAVIOR <ONE-THIRD OFF>,
CREDIT FOR \vORK PERFORMED IN JAIL, AND CREDIT FOR TIME
ALREADY SERVED WHILE AWAITING
EXTRADITION.
THUS,
DURAZO'S BEST HOPE IS FOR A RELATIVELY SHORT TIME IN
JAIL SERVED UNDER COMFORTABLE CONDITIONS.
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09Z/CC42 P:=!IOrti:'Y
-·- · - - 1
DATE: 3 APR 86 l0:47:43 EST
cc~
TEXT:
:AC042 e931047:
?P HQ
DE :.A.
F 031047Z APR 86
RE
~OS
A~GELES
AIRTE: TO
THE
BUREA~
DATED MARGE
2 APR 15 1985
7, 1986,
OX A?RIL 1, 1986,
VISED THAT OM
MA~CH
COURT CF APPEALS
?ETITION
FO~
HA~
A STAY
A~SA~~------------------~~AJ-
31, 1986, THE U,S, 5TH
CIRC~IT
REFUSED TO HEAR DURAZO'S
ON
DU~AZ0'S
REMOVA~
TO
b6
b7C
ATTOR~EYS
MEXICO,
THIS PROMPTED DURAZO'S ATTORNSYS TO APPEAL TO THE U,S,
SUPRE!:·1E COURT OK
SUPREf.~E
A?PEAL
A?RIL 1, 1986,
ON THIS DATE. U,.S,
cq.ffiT J:JSTICE WI:LIAl'1 H, RitH);Q:..7IST REJECTE;J AN
crutiL:6uRAZO
Tj :::tS::MAIK
H~ THE ·r~ITED STATES,
i)~·~
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?AGE TWO ,LA 185A-393)
STAY WITH
~.S,
SUPREME COURT JDSTICE JOHX PAJL STEVEXS
WHO ALSO DENIED THE A?PEAL,
90TH APPEALS WERE
DE~IED
WITHOUT COL'•ll'iJE::-.iT.
AUSA._I_ _ ____,IADVISED THAT ~~ITH THESE TWO APPEA:..S
DEXIED, THAT DURAZO'S LEGAL APPEAL ViNUES HAD
EXHAUSTED,
STATE
AN
EXTRADITIOK t·JA::<R;1NT
DE?ARTME~T
ORDERI~G
DURAZO EXTRADICTED TO
THIS OFFICIALLY CO:-l'CL'GDED THE
U:~UTED
.'\GAINST DURAZO,
O:·I APRI: 1, 1986, DURAZO WAS
iY'lARSHALS DI SAN DIEGO,
JUDICIAL
NE~T
POLIC~
BEE~
ISSUED BY THE
\.\~AS
CAi:.IFOR!\1.:~,
~EXICO,
STATES PROCEEDINGS
T~RNE~
TO
iVJEXICA;~
FEDERAL
WHO BOARDED EIM IKTO A MEXICAN GOVERK-
AIRCRAFT WHICH DEPARTED TO MEXICO AT P..P?ROXI£'r'"lATELY
6; 00 Pl'1,
DURAZO NOW FACES MEXICAN GOVERNMENT CHARGES OF
EXTORTION, ILLEGAL 2TOCK?ILING
OF
~~REGISTERED
WEAPONS,
AND CTHER CHARGES CF PUBLIC CORRUPTION,
AUSA._I_ _ _ __,fiLL NOW Fil..E A r.IOTIOK 70 DISMISS THE
APPEAL BEFORE THE U,S, 9TH CIRCUIT COURT OF
·....
AP?EA~S
AS
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PAG~
THREE tLA l85A-393)
THE APPEP..L IS
1\0\.'~
?ilOOT.
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UNCLrt3
THE FDJ POSSESSIONS OF DURAZtJ
THAT REMAINED WERE DESCRIBED AS
SO~E
CASH
D~TERMI~EJ
TO
BE LESS THAK $1,000 DOL:ARS, SOY.!E JEWEi:.RY, AND ASSORTED
PAPERS.
THESE vJILL BE
DESI;~AT'ED
AS EVIDENCE AKD t'!-;DER
THE EXTRADITION TREATY WITH MEXICO A PROVISION IS CONTAINED TO TRANSFER
V~TERIAL
MATE~IAL
CLASSIFIED AS EVIDENCE,
THIS
IS HELD BY THE U,S, MARSHAL'S OFFICE,
AUSA~~------~~ADVISED THAT THE DEPART~ENT OF JUSTICE
AND IN
PARTICULA~
ATTORNEY GENERAL E. MEESE AND STEPHEN
TROTT WERE ?;:.EASED WITH THE TIMING OF THE EXTRAJITION
VIEt\! OF THEIR
Di
?LA~NEiJ
~·lEETING
J,
I~
}-JITH !vlEXICAN GOVER:-itvlEKT OFFICIALS
Na:XICO CITY OK A?RIL ·11, 198€,
AUSA
~~-------~~
EXPRESSED
GRATITUDE FOR BUREAU ASSISTANCE IN THE PROSECDTIOX OF
CAPTIONED MATTER,
LOS A:-;GELES HAS PLACED THIS
BT
--}
C~.SE
IN A CLOSED STATUS,
b7c
I
FD·36 (Rev. 8·26·82)
TRANSMIT VIA:
0 Teletype
0 Facsimile
[X Aj rtel
TO:
FROM:
SUBJECT:
FBI
.£:-RECs:>ENCE:...
0 Immediate
0 Priority
0 Routine
t
CLASSIFICATION:
0 TOP SECRET
D SECRET
0 CONFIDENTIAL
0 UNCLAS E F T 0
0 UNCLAS
Date
3 7 86
DIRECTOR, FBI
SAC, LOS ANGELES (185A-393) (IT-2) (P)
r; J
q
ARTURO-DURAZO-MORENO, aka;
THREAT TO K~~ MEXI~~N PRESIDENT
MIGUEL DE LA~DRIB~HURTADO;
PFO; FPC
00: Los Angeles
I
,
-.------
Re Los Angeles airtel to the Bureau dated 2/13/86.
Judge Matthew Burns denied the bail motion on
2/20/86. The defense filed a motion for Durazo's extradiction
to be delayed. Judge Burns at Los Angeles will rule on this
stay motion on 3/10/86. The AUSA believes that Judge Brown will
allow a stay for two days to allow the defense to appeal to the
9th Circuit. If the 9th Circuit does not hear their appeal,
Durazo will be turned over to Mexican authorities. Arrangements
have been made to transport Durazo to Mexico in a Mexican
Government aircraft.
.. ,.,
The Bureau will be kept advised.
G>-
Bureau
2 - Los Angeles
AF/alg
t7
( 4)
Approved:
MAR 17 1986
,,
Per
Transmitted
(Number)
(Time)
/
FEDEP~4L
BUREAU OF INVESTIGATION
FOIPA
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