Case 3:19-mj-71055-MAG Document 181 Filed 09/16/21 Page 1 of 2

1 STEPHANIE M. HINDS (CABN 154284)

Acting United States Attorney
2
HALLIE HOFFMAN (CABN 210020)
3 Chief, Criminal Division

4 KYLE F. WALDINGER (CABN 298752)

Assistant United States Attorney
5
450 Golden Gate Ave., 11th Fl.
6 San Francisco, California 94102-3495
Telephone: (415) 436-6830
7 Fax: (415) 436-7234
Email: Kyle.Waldinger@usdoj.gov
8
CHRISTOPHER J. SMITH (VABN 75445)
9 Associate Director

10 REBECCA A. HACISKI (DCBN 996656)

Trial Attorney
11
Office of International Affairs
12 Criminal Division
U.S. Department of Justice
13 1301 New York Avenue NW
Washington, D.C. 20530
14 Telephone: (202) 616-2534
Fax: (202) 514-0080
15 Email: Rebecca.Haciski@usdoj.gov

16 Attorneys for United States of America

17
UNITED STATES DISTRICT COURT
18
NORTHERN DISTRICT OF CALIFORNIA
19
SAN FRANCISCO DIVISION
20
IN THE MATTER OF THE EXTRADITION ) CASE NO. 3-19-71055 TSH
21 OF ALEJANDRO TOLEDO MANRIQUE )
) NOTICE OF FILING OF ORIGINAL SPANISH
22 ) VERSIONS OF DEFENSE EXHIBITS
)
23 )
)
24 )

25

26

27

28
NOTICE OF FILING
CASE NO. 3-19-71055 TSH
1
 Case 3:19-mj-71055-MAG Document 181 Filed 09/16/21 Page 2 of 2

1 The government hereby provides notice of its filing with the Court of the original, Spanish-

2 language versions of two exhibits filed by Alejandro Toledo Manrique (Toledo) on September 9, 2021.

3 In particular, in support of his Reply re: Motion to Deny Extradition for Lack of Probable Cause, Toledo

4 filed two documents, which he labeled Exhibit G and Exhibit H, see Docket Entry No. (DE) 174-2 and

5 DE 174-3, respectively. These documents are translations of one transcription and an excerpt of another

6 transcription of testimony given by Josef Maiman (Maiman) on January 22, 2020.

7 The government objects to the admission of these documents because they constitute

8 contradictory evidence. See Santos v. Thomas, 830 F.3d 987, 992-93 (9th Cir. 2016) (en banc)

9 (“evidence in defense that merely contradicts the testimony for the prosecution” in the foreign country,

10 i.e., that “which merely controverts the existence of probable cause, or raises a defense,” is inadmissible

11 in an extradition proceeding). However, in order to ensure a complete record, the government submits

12 the attached original versions of the documents, which were provided to the United States by the

13 government of Peru. 1 Toledo’s translations of Maiman’s testimony should not be admitted, but if they

14 are, the originals thereof should be admitted as well.

15 Accordingly, the original version of Toledo’s Exhibit G is attached hereto as Exhibit 1, and the

16 original version of Toledo’s Exhibit H is attached hereto as Exhibit 2.

17

18 DATED: September 16, 2021 Respectfully submitted,

19 STEPHANIE M. HINDS
Acting United States Attorney
20
/s/
21
KYLE F. WALDINGER
22 Assistant United States Attorney
23 CHRISTOPHER J. SMITH
Associate Director
24

25 REBECCA A. HACISKI
Trial Attorney
26 Office of International Affairs
27 1
Copies of these documents were also previously made available to Toledo. See DE 174-1 ¶¶ 2-
28 3.
NOTICE OF FILING
CASE NO. 3-19-71055 TSH
2