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MEXICO BUTTS INTO
U.S. JUSTICE
Los Angeles
Times/Bob Baker
February 11, 2003
This op-ed piece,
written by Bob Baker, president of Los Angeles Police Protective League,
provides a good overview of the consequences of the refusal by the
Mexican Supreme Court to extradite individuals who commit crimes,
including the murder of peace officers, in the State of California.
COOLEY CLAIMS
MEXICO IGNORING TREATY
San Gabriel
Valley News/Mike Sprague
April 5, 2003
Los Angeles
District Attorney Steve Cooley said that Mexico will not allow the
extradition of criminals who face life in prison for crimes they
committed in California. Cooley said, “There
is an extradition treaty with Mexico. Therefore we should just say it’s
in breach and go back to the table with them.”
Cooley further commented that, “They
can sentence how they want in Mexico, but they should not be imposing
upon us their law and their sentencing philosophy. If I was facing a
life sentence, I’d run South.”
MEXICO’S
EXTRADITION POLICY IS MURDER
Antelope Valley
Press/Editorial
December 11, 2002
This editorial
criticizes Mexico and Canada for refusing to extradite criminals who
could be sentenced to death and in the case of Mexico, even those
criminals who face a life sentence. Los Angeles District Attorney Steve
Cooley is quoted in a speech to the Latino Peace Officers Association,
saying, “The position of the
Mexican government will predictably make Mexico a magnet for the worst
sort of violent criminals, including terrorists. This is is not a
white-brown issue; it’s a
justice issue. Our experience establishes most of the victims are
Latinos.”
MEXICO, U.S.
AGREE TO BE PATIENT IN TALKS
Los Angeles
Times/Richard Boudreaux
November 27, 2003
This articles
details negotiations between Mexico and the United States related to
migration and water. Unites States Secretary of State Colin Powell said
that these two problems defy “rapid
solutions”. Mexican President
Vicente Fox urged the United States to immediately assure “safe,
orderly and legal” migration of
Mexicans to the United States by making legislative changes that would
institute migration reform. The article reports tensions between the
two governments over these issues.
MANY SEEK
U.S. - MEXICO CITIZENSHIP
Los Angeles Daily
Journal/Michelle Morgante
March 20, 2003
The article
reports that 30,000 United States Citizens has applied for dual
citizenship with the Mexican government following a l998 change to
Mexican law allowing for the duality. Recently, the numbers of
applicants for dual citizenship appears to be growing with some Mexican
consulates reporting applications of up to 400 per day. The dual
citizenship gives the ability to own property and work in Mexico. Dual
citizens, however, cannot vote or hold political office. Citizenship in
Mexico does not affect United States citizenship rights. Dual citizens
cite a love for both countries as their motivation for the duality.
FOREIGN LAWS
PROTECTING WANTED MEN
Daily News/Ryan
Oliver
June 10, 2002
This article
reports that half of the ten most wanted fugitives in the San Fernando
Valley have fled to non-cooperative countries who refuse to extradite
killers who flee inside their borders. The Los Angeles Police
Department said they are very frustrated because they know where to find
the suspects but cannot arrest them in foreign countries. The article
quotes Jorge Garcia Villalobos, the Los Angeles based legal attaché
for the Mexican government as saying, referring to laws in Mexico,
“You cannot punish someone with
the death penalty, and you cannot punish someone with life in prison.
The purpose of the punishment is supposed to rehabilitate someone. It
is the responsibility of the state to give this guy all the education so
he can go home and be a good guy instead of a bad man.”
INFAMOUS PRISON
CITY TORN DOWN
Los Angeles
Times/Anne-Marie O’Connor
September 16,
2002
This article
discusses the infamous La Mesa State Penitentiary, located in Tijuana.
As part of his reform agenda, Mexican President Vicente Fox ordered the
“complete cleansing”
of the prison where prisoners lived in town homes, shops flourished and
drugs and prostitutes were readily available. Although the Mexican
government claims change, others are skeptical. Victor Clark, the
director of Tijuana’s
Binational Center for Human Rights, said, “They
say things have changed, but today prisoners are still selling cell
phones for 50 cents a minute, and prostitutes are still going in. The
price of heroin and cocaine has supposedly doubled.”
Clark has visited the prison regularly since l989 and is considered an
expert on the institution. Clark said that , “[T]he
penitentiary was the under-the-table cash register of the state
government. People made a lot of money at La Mesa, and the corruption
went to very high levels. Not only did [government officials] know, but
they were beneficiaries of the billions of dollars that the penitentiary
generated.” The Mexican State
Attorney General’s said that
all “improprieties”
will be investigated.
MURDER OF LOS ANGELES SHERIFF’S
DEPUTY DAVID MARCH
FAMILY, COMRADES
MOURN DEPUTY ONE YEAR AFTER SLAYING
Pasadena Star
News/Ruby Gonzales
April 29, 2003
This front-page
article in the Pasadena Star News discusses the slaying of Los Angeles
Sheriff’s Deputy David March by
alleged killer, Armando Garcia. Garcia is believed to have fled to
Mexico, but cannot be extradited because of the refusal by the Mexican
government to return criminals who would be subject to a life sentence
or the death penalty. The article quotes Sheriff Lee Baca and District
Attorney Bureau Director Janice Maurizi. Baca expressed his outrage at
the inability to achieve justice by the State of California related to
the killing of a member of his department. Maurizi suggests legislation
that would allow California to prosecute criminals who fled to Mexico
and returned to California following inadequate prosecution in Mexico.
DEPUTY KILLED
San Gabriel
Valley News/Howard Breur, Jason Kosareff and Emanuel Parker
April 30, 2002
This front-page
article was written the day after Deputy March was brutally shot and
killed by alleged murder Armando Garcia.
FOX-BUSH RIFT
THREATENS EXTRADITIONS
San Gabriel
Valley News/Ruby Gonzales
August 17, 2002
Citing tensions
over the Texas execution of Javier Juarez Medina, who killed a police
officer, the article reports that President Vicente Fox cancelled a
meeting with President Bush. The cancellation came at a time when
United States officials were actively seeking the extradition of Armando
Garcia, the killer of Los Angeles Sheriff’s
Deputy David March. The article also reports that since l990, 66
suspects who are wanted for murder or attempted murder have fled to
Mexico. Since October 21, 2001 the Mexican government has refused to
extradite individuals facing life sentences or the death penalty in the
United States. The Mexican government cites its belief in
rehabilitation as the motivation for their refusal.
FUGITIVES IN MEXICO
MEXICO IS STILL SEEN AS FUGITIVE FRIENDLY
Los Angeles Times/Jennifer Mena and Anna Gorman
June 29, 2003
This article
discusses the perception and the reality that Mexico provides a “safe
haven” for criminals who commit
crimes in the United States. The article discusses the killer of David
March, who is believed to be in Mexico, as well as the notorious and now
convicted rapist, Andrew Luster, who was captured by a bounty hunter in
Mexico. The article includes a list of 12 defendants who fled justice
in the United States to various locations in Mexico.
SPECIAL REPORT:
RUNNING FOR THE BORDER
Las Vegas Review Journal/J.M. Kalil
December 15, 2002
This article
discusses murders committed by Mexican nationals who flee to Mexico
following commission of their crimes. Las Vegas law enforcement
officers complain that these individuals literally get away with
murder. When these fugitives do get prosecuted in Mexico under what is
known as an “Article IV”
proceeding, they receive minor sentences that do not reflect the
severity of the crime they commit. Local Los Angeles prosecutors and a
representative from the California Attorney General’s
office express similar frustration with those defendants who are
prosecuted in Mexico for crimes they committed in California. Los
Angeles prosecutor Janice Maurizi also said that it is difficult to
obtain case outcomes from the Mexican government when a case is
prosecuted in Mexico.
MEXICO RAMPS UP
DEPORTATION OF FUGITIVES
Daily News/John
Rice
June 26, 2003
The article quotes
Mexican Attorney General, Rafael Macedo de la Concha as saying that
fugitives from the United States are being captured and deported at an
unprecedented rate. In 2002, only 25 fugitives were formally
extradited, which was up from nine in 2000. De la Concha said that,
additionally, 200 foreigners were arrested for expulsion in 2002, up
from about 160 the year before. Extradition and expulsion are subject
to separate proceedings, extradition being the much more difficult to
achieve.
MURDER SUSPECT’S
GETAWAY TORMENTS
Daily News/Ryan
Oliver
September 29,
2002
The article
reports on the l99l murder of sixteen-year-old Kenneth Caldera by
suspect Rudy Gallegos. Following the murder, Rudy Gallegos fled to
Mexico and his whereabouts are currently known but is incapable of being
extradited because he would face a life sentence. The family of the
victim is devastated by the failure to prosecute Gallegos. Ironically,
the brother of the murder victim has become a border patrol agent who
looks for the Gallegos as he does his job along the Mexican-United
States border.
KILLERS SLIP
AWAY TO MEXICO
Los Angeles
Times/Jessica Garrison
May 27, 2002
This article
reports on the killing Jessica Zavala and her cousin, both killed by
suspect Juan Manual Casillas. Subsequently, Casillas fled to Mexico and
was ultimately arrested and tried in Mexico for the killings. Despite
the fact that the killing occurred in the State of California and
promises by the Los Angeles District Attorney to not seek the death
penalty in an effort to get Casillas extradited, the Mexican government
refused to extradite Casillas. The Mexican government, in refusing
extradite, stated that
“Mexico
and the United States have two different legal systems”
and that penalties in criminal cases
“should
help rehabilitate”
criminals.
MEXICO STANCE
STYMIES BEXAR CASE
San Antonio
Express-News/Ihosvani Rodriguez
September 16,
2002
On June 17, l998 one teenager was shot and
killed, the other paralyzed, in Bexar County. Texas. The suspect in the
matter was almost immediately identified and subsequently captured in Mexico.
At the writing of this article, no trial of the suspect, Eric Quesada, had
occurred. If convicted, Eric Quesada would potentially face two life
sentences in Texas. Because Quesada faces two life sentences, the Mexican
government is refusing to extradite the Quesada, citing an October 2001 ruling
by the Mexican Supreme Court. Quesada’s
co-defendant was tried and convicted, receiving 30 years in prison. Dennis
Newhouse, the father of the murdered teenage boy, said,
“The
message I read is that,
‘If
you commit a murder, then come right on in and welcome to Mexico.’
I am actually angry at my government for allowing Mexico to dictate how justice
is served for a crime committed here.”
MAN WANTED IN CHILD’S
DEATH ADDED TO FBI MOST WANTED
Associated Press
August 14, 2003
Genero Espinosa Dorantes is currently
charged and wanted in Nashville, Tennessee for the slaying of a four-year-old
boy. The child’s
autopsy showed he suffered from battered child syndrome and had been scalded and
suffered infected burns from the waist down and internal head injuries.
The FBI believes that Dorantes used an underground network of illegal immigrants
to flee to Mexico.
KILLERS IN U.S.
RELY ON MERCY OF MEXICO
JAPAN
TIMES/Russell Working
July 26, 2003
This article
discusses a number of cases in arising out of multiple legal
jurisdictions in the United States where suspects have fled to Mexico
and cannot be extradited. One of the cases involved suspect Daniel
Perez, who fled to Mexico following the alleged attempt murder of his
wife, Anabella Vera, and the killing of her father following his release
on bail during the trial for the attempt murder. Perez was convicted in
absentia for the attempt murder of Anabella Vera, but Mexico currently
refuses to extradite because Perez was sentenced to 35 years to life.
Anabella Vera reports that she lives in fear every day of her life.
ACCOMMODATIONS BY UNITED STATES
GOVERNMENT TO GET CRIMINALS INTO THE UNITED STATES TO BE PROSECUTED
ASHCROFT, MEXICO AG ANNOUNCE DRUG
CHARGES
Los Angeles Daily
Journal/Claude Wilbert
July 3, 2003
United States
officials are seeking lesser charges than what they originally filed as
a means to get Mexico to extradite leaders of the Arellano-Felix cartel
to the United States on drug charges. Original indictments against the
Arellano-Felix brothers included counts that carried life sentences.
However, the original indictments could be “shelved”
in an agreement with Mexico to secure extradition in return for charges
with less than life sentences because Mexico will not extradite when the
criminal faces a life sentence.
REQUESTS FOR ACTION BY THE PRESIDENT OF THE UNITED STATES
BUSH TO GET
EXTRADITION PLEA FROM ROSEMEAD
San Gabriel
Valley News/Cindy Arora
March 2, 2003
The City of
Rosemead spearheaded a drive that was taken over by the National League
of Cities urging the President of the United States to lobby Mexican
President Vicente Fox to extradite criminals who commit crimes in this
country and then flee to Mexico. The killing of Los Angeles Sheriff’s
Deputy David March allegedly by Armando Garcia and the murder of four
members of a Rosemead family by Evelio Zacarias spurred the City of Rosemead into
action.
CHAVEZ REVIVES
BILL SEEKING EXTRADITION IN DEPUTY’S
SLAYING
San Gabriel
Valley News/Chris Rizo
August 29, 2002
The California Legislature considered sending a proposal to President
Bush and the United States Congress urging them to push Mexico into
reconsideration of treaty provisions and Mexican policies of not
extraditing criminals who commit their crimes in this country and then
flee to Mexico.
CHANGE SOUGHT IN
RETURN OF SUSPECTS FROM MEXICO
Los Angeles
Times/Richard Winton
March 18, 2003
Congressman
Howard “Buck”
McKeon (R-Santa Clarita) asked the President of United States to
renegotiate the existing extradition treaty with Mexico to allow for the
return of 60 murder suspects from Mexico, including the alleged killer
of Los Angeles Sheriff’s Deputy
David March
FAILURE TO PUNISH READMITTANCE BY CRIMINALS
ACCUSED
COP-KILLER DEPORTED THREE TIMES/County Supervisor Mike Antonovich Will
Take His Complaint to INS Director in Washington D.C.
San Gabriel
Valley News/Rick Orlov and Marianne Love
May 7, 2003
This article
explains that Armando Garcia, the alleged killer of Los Angeles Sheriff’s
Deputy David March, had been deported three times, but was never
prosecuted and sent to jail for illegal entry into the United States.
At the time he allegedly killed March, he was again illegally in the
country.
ALIEN FELONS
AVOID PRISON: Feds Lack Resources to Pursue every Case
San Gabriel
Valley News/Ruby Gonzales
July 1, 2002
This article discusses a lack of
monetary resources that deprives the federal government the ability to
pursue cases where individuals are here illegally. Although legally
prosecutable, the federal government does not, in many cases, pursue
prosecution of individuals who continue to re-enter the United States
following a previous deportation.
This article
discusses a lack of monetary resources that deprives the federal
government the ability to pursue cases where individuals are here
illegally. Although legally prosecutable, the federal government does
not, in many cases, pursue prosecution of individuals who continue to
re-enter the United States following a previous deportation.
INS FAILS TO DEPORT ILLEGAL ALIENS
IN LOCAL JAILS
Los Angeles Daily
Journal/Julia Malone and Elliot Jaspin
February 18, 2003
This article
details the abduction and rape of a woman sitting in a park with her
boyfriend by five men with criminal records who were subject to
deportation, but were not incarcerated at the time.
FEINSTEIN
CRITICAL OF BORDER PATROL PROCEDURES IN SLAYING CASE
Los Angeles Daily
News/Associated Press
Undated Article
United States
Senator Diane Feinstein sent a letter to the Department of Homeland
Security with regard to the killing of an Oceanside police officer, Tony
Zepetella, by Adrian George Camacho. Camacho is a Mexican national who
was deported four times in l995, l996, l999 and 2002. Camacho also has
criminal record and had served time in state prison on drug charges
before he was deported in 2002. Border Patrol agents arrested Camacho
when he tried to come back into the United States but subsequently
released him on February 4, 2002 after he was treated for drug
dependency. In her letter, Feinstein said that there was need for more
vigilance in “securing the U.S.
borders and interior.”
MEMO CURBS
ARRESTS OF IMMIGRANTS
Los Angeles
Times/H.G. Reza and Anna Gorman
August 13, 2003
Following
protests by the Mexican government and immigrant rights groups, the
Border Patrol instructed agents not to make arrests or questions
suspected illegal immigrants except along the United States-Mexican
border. Line agents who work for the Border Patrol disagree strongly
with the policy, which was announced in a memorandum dated August 8,
2003. Five members of a Mexican family were arrested near the Mexican
consulate in downtown San Diego as they walked to obtain
“matricula consular”
identification cards issued by the Mexican government to their citizens
who live in the United States without regard to their status as being in
the United States legally or illegally. The union for the Border Patrol
agents has reacted angrily. Agent Thane Gallagher, a union official,
said,
“I
refuse not to do my job. They want us to turn a blind eye even if we
know that an alien is here illegally and a criminal [besides]. That’s
reprehensible. Whose mythical notion is this that once an illegal alien
is in the United States, we’re
supposed to turn our back.”
THE NEED FOR
REFORM OF IMMIGRATION LAW AND BORDER CONTROL
MALKIN’S
INVASION: The Review
V-Dare.com/Archives/Peter
Brimelow
October 10, 2002
This article
reviews Invasion: How America Still Welcomes Terrorists,
Criminals, and Other Foreign Menaces to Our Shores,
by Michelle Malkin. Michelle Malkin’s
recently written book on immigration law reform criticizes immigration
reform laws dating back to the mid-l960’s.
Malkin’s
book describes in detail how terrorists and criminals come into the
United States. Many of these individuals are repeat offenders who come
into this country without adequate background checks. Specific cases
are detailed in the book.
STOPPED AT THE
BORDER
The Recorder on
LAW.COM/Jeff Chorney
September 10,
2003
This article
describes the dilemma that California prosecutors face when deciding how
to proceed in cases where suspects in criminal cases flee to Mexico.
Prosecutors can agree to present a criminal case in Mexico where the
results and sentencing are not consistent with the laws in California,
or they can do nothing, hoping that the suspect will return from Mexico
and be apprehended. If prosecutors agree to prosecution in Mexico,
California law bars subsequent prosecution
–
even if the punishment in Mexico inadequate. Prosecutors in California
would like to change the law, allowing California to subsequently
prosecute cases that were litigated in Mexico. The article also
discusses efforts on the part of Mexican authorities who want to revisit
the decision by their own Supreme Court barring extradition in criminal
cases where the suspect would receive a life sentence in the United
States.
FBI DIRECTOR STRESSES NEED FOR SECURE MEXICAN
BORDER
Associated
Press/T. Badger
September, 2002
FBI Director
Robert Mueller said that the United States is faced with a legal
balancing act that allows for trade to flourish and at the same time,
guards our borders against allowing terrorists into the United States.
The article further discusses legislation introduced by United States
Senator John Cornyn from Texas that would establish a
“guest-worker” program that would include a tracking system that would monitor workers
from other countries who come into the United States. Cornyn believes
that this type of system would allow legitimate workers to emigrate and
at the same time, would filter out terrorists and other criminals.
MEXICANS
OUTRAGED –
AMERICANS INTERVENE IN OWN AFFAIRS
V-Dare.com/Archives/Allan
Wall
Undated
This article
discusses a United States Supreme Court decision that held that an
undocumented worker who committed document fraud to acquire employment
has no right to back pay. The article further elaborates on statements
made by Mexican President Vicente Fox urging the United States to
“strengthen
the programs of protection of Mexicans abroad, regardless of their
migratory status.”
One of the protections that Fox seeks is the legal acceptance of
so-called “consular”
identification cards.