Hiển thị các bài đăng có nhãn extradited. Hiển thị tất cả bài đăng
Hiển thị các bài đăng có nhãn extradited. Hiển thị tất cả bài đăng

Thứ Ba, 26 tháng 3, 2013

Could Amanda Knox be Extradited to Italy?

Today's ruling by Italy's Supreme Court ordering a new murder trial for Amanda Knox guarantees the legal drama will drag on for several more years and will be expensive.

It also raises the possibility that if Knox is found guilty and that verdict is upheld by Italy's Supreme Court, Knox could eventually face a request to extradite her and put her back in prison.

An extradition request would likely turn on whether being prosecuted again after being exonerated constitutes double jeopardy.

Knox and her ex-boyfriend Raffaele Sollecito were convicted in 2009 after a lengthy and controversial trial for the murder of her British roommate Meredith Kercher in 2007. Knox was sentenced to 26 years in prison while Sollecito got 25.

That verdict was tossed out in 2011 by an appeals court that blasted the prosecution's handling of critical DNA evidence and the case in general.

Knox had hoped today's Supreme Court ruling would uphold her innocence and put an end to her six year ordeal. Instead she was "shocked" when the court ordered the appeals court to retry the case.

Knox, 25, now faces years of legal maneuvering and hearings starting when the case is expected to go back to trial early next year.

FULL COVERAGE: The Amanda Knox Trial

Knox, who has already spent four years in an Italian prison, does not intend to return to Italy for the proceedings, possibly putting her lawyers at a disadvantage. She won't be able to testify on her own behalf and she won't be able to take advantage of Italy's right of "spontaneous declarations" in which the defendant can stand and make a statement to defend herself against particular testimony.

Her absence at the new trial could prompt the appellate court to declare her in contempt of court, but that carries no additional penalties.

The outcome of the retrial is certain to be appealed to the Supreme Court by whichever side loses.

If Knox is again convicted and the verdict is upheld by the Supreme Court, Italy would be expected to seek her extradition in order to put her back in prison.

"We've got a [extradition] treaty," said Bruce Zagaris, a Washington-based attorney who specializes in extradition cases. "The Senate has already ratified that treaty and decided that Italy is a country with which we ought to have a treaty. They wouldn't have ratified if they didn't think the Italian process was fair and due process was sufficient."

"She can try to fight extradition, but it will be an uphill battle," Zagaris said.

In the American legal world being retried for the same crime sounds like "double jeopardy," a principle in the U.S. judicial system and enshrined in the Constitution that outlaws being tried twice for the same crime.

American unease with double jeopardy could give Knox a "fighting chance" to appeal any extradition in a U.S. court, said Christopher L. Blakesley, a professor of international law University of Nevada Las Vegas.

"There's room to fight extradition," Blakesley said, "and double jeopardy is the spot to fight on…. In the treaty, we functionally accept their system of justice, but it's up to a magistrate to decide whether" the double jeopardy clause of the Constitution was violated and if that trumps the treaty.

Asked about Knox's prospects for extradition, a State Department spokesman said "we never talk about extradition from the podium," during the daily briefing for reporters, and said the U.S. would wait for the final explanation from the Italian Supreme Court before commenting.

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Thứ Năm, 7 tháng 3, 2013

Mexican extradited to US under new president

SAN DIEGO (AP) — An alleged drug trafficker was extradited from Mexico on Thursday to face charges in San Diego that he oversaw efforts to bring methamphetamine to the U.S., authorities said.

Cesar Alfredo Meza Garcia, 36, is one of the first people to be extradited from Mexico since President Enrique Pena Nieto took office Dec. 1.

Pena Nieto's predecessor, Felipe Calderon, embraced extraditions as he launched an offensive against drug cartels that shaped his presidency. His administration said it extradited 502 people from Dec. 1, 2006, to the end of 2011, including 478 to the United States.

"We're hoping (Pena Nieto) will continue what President Calderon started," said Tim Durst, assistant special agent in charge of U.S. Immigration and Customs Enforcement's Homeland Security Investigations unit in San Diego. "It's wait-and-see. This is a good sign."

U.S. authorities seized more than 200 pounds of methamphetamine and 100 pounds of cocaine during a 20-month investigation that ended in May, ICE said. The drugs were mostly hidden in cars and trucks and strapped to bodies at San Diego border crossings.

The investigation began when authorities stopped a car with 48 pounds of methamphetamine that crossed the border in San Diego and was headed to Los Angeles, Durst said.

U.S. authorities described Meza Garcia as a top figure in the Tijuana cartel, made of the remnants of the once-powerful Arellano Felix family. Secretly recorded phone conversations featured repeated references to "The Engineer," as cartel leader Fernando Sanchez Arellano is known.

Meza Garcia was arrested by Mexican authorities in Tijuana in September and is the highest-ranking target in an investigation that has led to federal charges against nearly three dozen people in San Diego. So far, 21 have been sentenced to prison.

The extradition comes amid a spike in methamphetamine seizures at U.S. border crossings. In California, border inspectors confiscated 9,735 pounds of the drug during the 2012 fiscal year, up 33 percent from a year earlier and nearly five times the amount seized in 2008.

Meza Garcia was scheduled to make an initial court appearance Friday on a charge of conspiracy to distribute controlled substances. He faces a maximum sentence of life in prison if convicted.


View the original article here

First Mexican extradited to US under new president

SAN DIEGO (AP) — An alleged drug trafficker was extradited from Mexico on Thursday to face charges in San Diego that he oversaw efforts to bring methamphetamine to the U.S.

Cesar Alfredo Meza Garcia, 36, is the first person to be extradited from Mexico since President Enrique Pena Nieto took office Dec. 1, said U.S. Attorney Laura Duffy.

Pena Nieto's predecessor, Felipe Calderon, embraced extraditions as he launched an offensive against drug cartels that shaped his presidency. His administration said it extradited 502 people from Dec. 1, 2006, to the end of 2011, including 478 to the United States.

"We're hoping (Pena Nieto) will continue what President Calderon started," said Tim Durst, assistant special agent in charge of U.S. Immigration and Customs Enforcement's Homeland Security Investigations unit in San Diego. "It's wait-and-see. This is a good sign."

U.S. authorities seized more than 200 pounds of methamphetamine and 100 pounds of cocaine during a 20-month investigation that ended in May, ICE said. The drugs were mostly hidden in cars and trucks and strapped to bodies at San Diego border crossings.

The investigation began when authorities stopped a car with 48 pounds of methamphetamine that crossed the border in San Diego and was headed to Los Angeles, Durst said.

U.S. authorities described Meza Garcia as a top figure in the Tijuana cartel, made of the remnants of the once-powerful Arellano Felix family. Secretly recorded phone conversations featured repeated references to "The Engineer," as cartel leader Fernando Sanchez Arellano is known.

Meza Garcia was arrested by Mexican authorities in Tijuana in September and is the highest-ranking target in an investigation that has led to federal charges against nearly three dozen people in San Diego. So far, 21 have been sentenced to prison.

The extradition comes amid a spike in methamphetamine seizures at U.S. border crossings. In California, border inspectors confiscated 9,735 pounds of the drug during the 2012 fiscal year, up 33 percent from a year earlier and nearly five times the amount seized in 2008.

Meza Garcia was scheduled to make an initial court appearance Friday on a charge of conspiracy to distribute controlled substances. He faces a maximum sentence of life in prison if convicted.


View the original article here