“Family: Amanda Knox won’t return to Italy for new trial”

August 26, 2013

CNN on August 26, 2013 released the following:

“By Stephanie Gallman and Scott Thompson, CNN

(CNN) — American Amanda Knox will not return to Italy for a retrial in the 2007 death of her British roommate, a spokesman for the Knox family said.

David Marriott said Knox had never agreed to attend, and there’s “no requirement she be there.” Still, there remains the possibility that Italy could request her extradition from the United States.

In an interview with CNN’s Chris Cuomo in May, Knox said she “didn’t know” whether she’d return.

“It’s a really complicated question,” Knox said. “I mean, I’m afraid to go back there. I don’t want to go back into prison.”

Knox spent several years behind bars in Italy, after she was convicted in 2009 of murdering 21-year old British exchange student Meredith Kercher.

Kercher was found stabbed to death in November 2007 in the villa she rented with Knox, then 20, in the central Italian university town of Perugia.

The convictions of Knox and her ex-boyfriend, Raffaele Sollecito, were overturned in 2011 for “lack of evidence.”

After her acquittal, Knox returned to her hometown of Seattle, Washington, where she has been living since.

Italy’s Supreme Court decided last year to retry the case, saying the jury that acquitted Knox didn’t consider all the evidence, and that discrepancies in testimony needed to be answered.

The high court also said evidence could support prosecutors’ initial argument — that Kercher was killed in a twisted sex misadventure game, according to Italian news agency ANSA.

Knox says such claims were “a bombardment of falsehood and fantasy.”

“No one has ever claimed that I was ever taking part in deviant sexual activity. None of my roommates, none of my friends, none of the people who knew me there. This is simply coming out of the prosecution,” she told CNN in May. “I was not strapping on leather and bearing a whip. I have never done that. I have never taken part in an orgy. Ever.”

Knox and Sollecito’s retrial, which is expected to start this fall, should examine discrepancies in testimony, the high court said. These include differing witness accounts of when screaming could be heard from the home, ANSA reported.

Knox may be ordered to return to Italy for the retrial. If she refuses, the Italian government could appeal to the United States for her extradition. But even if it does, it’s not clear whether the United States would extradite Knox.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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We previously discussed the extradition treaty between the United States and Italy here.

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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“Analysis: Knox case could pit extradition treaty against U.S. Constitution”

March 27, 2013

Reuters on March 26, 2013 released the following updated story:

“By Terry Baynes

(Reuters) – The possibility that American Amanda Knox could be convicted of murder and extradited to Italy for punishment could force U.S. courts to enter legal territory that is largely uncharted, legal experts said.

Italy’s top court on Tuesday ordered the retrial of Knox, 25, for the 2007 murder of British student Meredith Kercher.

The move potentially pits a U.S. constitutional ban on double jeopardy, or being tried twice for the same offense after an acquittal, against international extradition agreements, experts said.

The issue hinges on whether a lower court decision overturning her conviction amounted to an acquittal, they said.

If Knox is retried after she was acquitted, that would violate her constitutional rights, said Christopher Blakesley, a law professor at the University of Nevada Las Vegas who specializes in international criminal law. On the other hand, the United States entered into an extradition treaty and, in doing so, accepted Italy’s criminal justice system, he added.

“If Knox is found guilty, there’s still a whole lot of room for battle before she would ever be extradited,” Blakesley said.

Knox and her former boyfriend, Raffaele Sollecito, were accused of killing 21-year-old Meredith Kercher during a drug-fuelled sexual encounter in Perugia, Italy. The two were found guilty in 2009 and sentenced to 26 and 25 years in prison respectively.

In 2011, an appeals court, comprised of a panel of judges and lay jurors, overturned the convictions of Knox and Sollecito after forensic experts challenged evidence from the original trial. Knox and Sollecito were released after four years in prison, and Knox returned to her family home near Seattle.

Prosecutors and Kercher family lawyers appealed to Italy’s high court, the Court of Cassation, calling the prior ruling “contradictory and illogical.”

On Tuesday, the Court of Cassation agreed to overturn the appeals court’s acquittals. The high court has not yet provided a full reasoning for its decision, and a date has not yet been set for the new trial, which will be held before a different court of appeals in Florence.

Knox’s Italian lawyer, Carlo Dalla Vedova, said via email that the new trial would likely occur in late 2013 or early 2014. Knox does not intend to return to Italy for the proceeding, he said, and the court of appeals can retry the case in absentia.

The Italian government could ask for extradition once the Italian courts have reached a final decision, Dalla Vedova said. If it does, the U.S. Department of State would then have to decide whether to act on the request. If the State Department chooses to comply, it would then deploy the U.S. Attorney’s Office to a U.S. court to seek Knox’s extradition.

What is unpredictable is how such a case would play out in front of a U.S. judge who would have to weigh the U.S. constitutional protection against double jeopardy with the 1984 bilateral extradition treaty between the United States and Italy. The treaty contains a provision that attempts to protect against double jeopardy, but it is not clear whether that provision would bar extradition in Knox’s case.

The legal question would be whether Knox was acquitted, as U.S. courts would define the term, or whether the case was merely reversed and still open for further appeal, said criminal lawyer and Harvard Law Professor Alan Dershowitz.

“It’s very complicated, and there’s no clear answer. It’s in the range of unpredictable,” Dershowitz said.

Much of the complication stems from the differences between the Italian and U.S. legal systems. In the United States, if a defendant is acquitted, the case cannot be retried.

In Italy, prosecutors and lawyers for interested parties, such as Kercher’s family, can file an appeal. Unlike American courts of appeal, which only consider legal errors in the courts below, Italian courts of appeal, which are comprised of both judges and jurors, can reconsider the facts of a case.

Depending on the Italian high court’s reason for overturning Knox’s acquittal, it is possible that the court of appeals could consider new evidence that’s introduced, said Dalla Vedova. As a result, a defendant can effectively be retried in the course of one case in Italy.

Dalla Vedova said the high court’s decision does not raise a double jeopardy problem because the retrial would not be a new case but rather a continuation of the same case on appeal.

Other defendants who have been acquitted in other countries and then convicted on appeal have attempted to raise the double jeopardy principle to avoid extradition, without much success, said Mary Fan, a law professor at the University of Washington who specializes in cross-border criminal law.

The text of the treaty prevents extradition if the person has already been convicted or acquitted of the same offense by the “requested” country, which would be the United States in Knox’s case because Italy would be requesting extradition from the United States. Because Knox was never prosecuted or acquitted for homicide in the United States, the treaty’s double-jeopardy provision would not prevent Knox’s extradition, said Fan.

While the issue is rare in the United States, several courts have rejected the double jeopardy argument in similar cases. In 2010, a federal court in California found that a man who was acquitted of murder in Mexico and later convicted after prosecutors appealed the acquittal, could not claim double jeopardy to avoid extradition to Mexico. That court cited a 1974 decision from the 2nd U.S. Circuit Court of Appeals in New York, that reached the same conclusion with respect to Canadian law, which also allows the government to appeal an acquittal.

When asked about the potential extradition of Knox at a press briefing on Tuesday, a spokesman for the U.S. State Department said the question was hypothetical and declined to comment.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and Italy here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

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Mexico seeks extradition of man wanted for murder

August 13, 2012

The Brownsville Herald on August 11, 2012 released the following:

“By LAURA B. MARTINEZ/The Brownsville Herald

The Mexican government has requested the extradition from the United States of a Mexican man convicted of murder and rape.

Justino Tello Munoz, 49, appeared Thursday in Brownsville before U.S. District Judge Andrew S. Hanen and is now in the custody of the U.S. Marshals Service. As of Friday, no extradition hearing had been scheduled.

Mexican officials say Tello Munoz in 1994 raped and killed his former girlfriend in San Luis Potosí, Mexico.

According to U.S. court documents, this is the second time Mexico has requested the extradition of Tello Munoz. In 2002, he was arrested at his home in Brownsville and sent to Mexico to stand trial on the homicide charge.

At that time, Tello Munoz had only been accused in the rape and murder of his girlfriend, Nohemi Teran Labastida, the documents indicate. Authorities in Mexico stated that Tello Munoz and a friend forced the woman to an orchard, raped her, then tied a rope around her neck and hanged her from a tree, the documents say. An autopsy concluded that the cause of death was asphyxiation by hanging.

In 2002, Tello Munoz was tried in Mexico in the case but was found not guilty. The U.S. court file indicates that as allowed under Mexican law, the prosecution appealed the verdict. In 2003, a Mexican appellate court changed the verdict and found Tello Munoz guilty.

He was sentenced to 20 years in prison but by then, he had crossed into the U.S., the court documents state. The record says that he was living in Franklin, Tenn.

On July 27 of this year, Tello Munoz was detained at the Gateway International Bridge in Brownsville as he crossed from Mexico into the U.S. At a secondary inspection area, it was determined that there was an outstanding warrant against him.

Officers were alerted that he was sought by U.S. Marshals regarding an extradition request from Mexico. It was unclear why Tello Munoz was in Mexico before the July 27 arrest.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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We previously discussed the extradition treaty between the United States and Mexico here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

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Bout Defense Prepares Extradition Request and Appeals

May 24, 2012

RIA Novosti on May 24, 2012 released the following:

“The defense team for imprisoned Russian businessman, Viktor Bout, has started work on an appeal to Russian Ministry of Justice requesting his extradition from the U.S. as well as appeals to the U.S. Supreme Court and the International Court of Justice in the Hague, Bout’s lawyer Albert Dayan said.

Under a convention between Russia and the U.S. dating from the 1980’s the Russian Ministry of Justice may request the handing over of Russians sentenced in the U.S. Eric Holder, the current U.S. Attorney General, has said that the U.S. may consider an application for Bout, who has been sentenced to 25 years in jail, to serve his prison term in Russia if they receive the request.

“The appeal to the Justice Ministry is already at work, it will take months to prepare the necessary documents. We simultaneously work on three lengthy legal documents; on the appeal and the claim to International Court of Justice in the Hague,” Dayan said.

Dayan added that the defense team had been extended to manage the volume of work required.

“Victor Bout’s appeal is not a personal letter from a Russian, not just a private request. We are working on a document that will prepare a legal base for the governments of Russia and the United States on his extradition. We are studying precedents, materials, bilateral and international agreements, and conventions. We are preparing arguments for the negotiations between Russia and the United States,” Dayan said.

Dayan also noted that Bout is keeping his spirits up and believes he will return to Russia.

“Viktor Bout continues to believe that the country would stand for him. He works hard and hopes to return home”, the lawyer said.

Bout, a former Soviet Air Force officer who was dubbed the “Merchant of Death” in the United States, has been sentenced to 25 years in a U.S. jail for conspiring to kill U.S. citizens and sell arms to Colombian militants. He maintains his innocence.

On May 11, the U.S. penitentiary authority said Bout would be sent from his Brooklyn jail to a super maximum security prison in Colorado, where convicted terrorists and other dangerous criminals are serving their sentences, often in solitary confinement.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call: mcnabb.mcnabbassociates

           Office Locations

Email:


Major Adam Benoit Arrested by the US Marshals on a Provisional Arrest Warrant Seeking His Extradition From the United States to Costa Rica

July 7, 2011

KPLC-TV on July 6, 2011 released the following:

“International criminal arrested in Lake Charles

Posted By Kristian Claus

The following is a news release from: The US Marshals, Western District of Louisiana

LAKE CHARLES, La. — Thirty-seven-year-old Major Adam Benoit was arrested by members of the US Marshals Violent Offender Task Force with critical assistance from the Louisiana State Police, Intelligence Division at a Lake Charles area Casino at about 12:45 a.m. Saturday.

Benoit was arrested on a provisional arrest warrant seeking his extradition from the United States to Costa Rica. The warrant was signed in the Western District of Louisiana on charges stemming from a June 2, 2010, armed robbery that allegedly occurred in Heredia, Costa Rica.

The charges in Costa Rica are referred to as, “Grave Theft with Violence on People.” Allegedly, Benoit and an associate robbed a taxi cab driver with a knife.

At the direction of the Attorney General and through agreement with the Department of Justice, the US Marshals Service is the primary agency responsible for investigating foreign fugitive cases; cases involving fugitives in the United States who are sought by other countries.

United States Attorney Stephanie Finley stated, “This arrest reflects the hard work of the Marshals Service of the Western District of Louisiana and the District’s Violent Offender Task Force.

The Marshals Service is on the front line every day in our fight against crime. They play a vital role in keeping our communities safe.

The apprehension of Major Benoit should send a message to anyone who is actively avoiding arrest or has an outstanding warrant, in this country or from a foreign country, that the Marshals Service will find you and bring you to justice.”

The Western District of Louisiana’s Violent Offender Task Force (VOTF) in Lafayette and Lake Charles is a team comprised of full-time law enforcement officers from the Lafayette City Marshals, Iberia Parish Sheriff’s Office, Lafayette Police Department, St. Mary Parish Sheriff’s Office, St. Martin Parish Sheriff’s Office, Lake Charles Police Department, Calcasieu Parish Sheriff’s Office, and Louisiana Probation and Parole.

Further, VOTF calls upon part-time TFO’s throughout its coverage area. In 2010 VOTF in Lafayette and Lake Charles closed approximately 600 Warrants, most of which were violent felony offenses.

US Marshals Task Forces throughout the United States arrested more than 82,000 state and local fugitives and over 36,000 federal fugitives.”

US Marshals Wanted Poster for Major Adam Benoit.

Costa Rica Extradition Treaty with the United States.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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Bruce Beresford-Redman Extradition Update

July 7, 2011

Regular readers may recall the posting Bruce Beresford-Redman is Planning to Ask a U.S. Federal Judge to Allow His 6-year-old Daughter to Testify at an Upcoming Extradition Proceeding that came out several weeks ago.

On July 6, 2011, the defense filed Bruce Beresford Redman’s Request to Present Testimony at Extradition Hearing.

The extradition hearing is currently scheduled for July 12, 2011 at 9:30 am before Magistrate Judge Jacqueline Chooljian.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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