Senator Feinstein Asks Mexican President Fox to Help Make it Easier to Extradite Criminals who Flee to Mexico

Senator Feinstein Asks Mexican President
Fox to Help Make it Easier to Extradite Criminals who Flee to Mexico

August 6, 2003

– Requests Fox's Help in Bringing Criminals to Justice, including the
alleged murderer of Los Angeles County Deputy Sheriff David March --

Washington, DC – U.S. Senator Dianne Feinstein (D-Calif.) has asked Mexican President Vicente Fox for his assistance in resolving difficulties which have effectively eliminated the United States' ability to extradite criminals who flee to Mexico.

Under the U.S.-Mexico Extradition Treaty, which went into effect in 1980, neither Mexico nor the United States is bound to deliver up its nationals for extradition and both countries may refuse to extradite unless the country seeking extradition assures that it will not impose the death penalty.

Under a recent interpretation of Mexican Law, the ability of the United States to extradite persons charged with serious crimes has been significantly curtailed.

In October 2001, the Mexican Supreme Court ruled that life imprisonment violates the Constitution of Mexico. Mexico then extended this interpretation to the Extradition Treaty, deciding that it would no longer extradite a fugitive who is subject to life imprisonment with or without the possibility of parole, unless assurances are given that guarantee a determinate term of years.

In a letter to President Fox, Senator Feinstein wrote: "I write to request your assistance in resolving a huge problem facing both the United States and Mexico: the fact that Mexico's recent interpretation of the U.S.-Mexico Extradition Treaty has effectively eliminated our ability to extradite persons charged with serious crimes who flee to Mexico to avoid prosecution in the United States. This interpretation has jeopardized the safety of both American and Mexican citizens, denied basic rights and closure to crime victims, and allowed hard-core criminals to escape just punishment.

It has also had a particularly deleterious effect on California, the State I represent in the United States Senate. While it has been difficult to determine the full scope of the problem, I am informed by prosecutors in California that, as a result of Mexico's interpretation of the Extradition Treaty, many individuals who have committed murder and other serious crimes in California have either not been extradited or have been effectively rendered non-extraditable, thus allowing them to escape appropriate prosecution and punishment under California law."

Senator Feinstein also called upon President Fox to help resolve four cases in which a person charged with a crime fled to Mexico to escape prosecution. In her letter, Senator Feinstein wrote: "I would respectfully request your help not only in ensuring that Mexico carries out its obligations under the Treaty but also to request your assistance in bringing the perpetrators of these terrible crimes to justice.

"People vs Armando Garcia (Pending Filing/Los Angeles County)

On April 29, 2002, Armando Garcia, a Mexican national, allegedly shot and killed, execution-style, 33-year old Los Angeles County Deputy Sheriff David March during a routine traffic stop in Irwindale, California. Garcia apparently fled to Mexico. Garcia has previously been charged in an unrelated case involving two counts of attempted murder, and a warrant has been issued for his arrest in that case. If convicted of Deputy March's murder in the United States, Garcia could face life without possibility of parole or, if it is not waived, the death penalty. Los Angeles County District Attorney Steve Cooley told me that he has declined to seek extradition in this case because of Mexico's interpretation of the Extradition Treaty.

People v. Daniel Perez (Case No. VA035691/Los Angeles County & San Bernardino County)

In August of 1999, Daniel Perez, a Mexican national, was convicted in absentia in Los Angeles County by a jury for the crimes of attempted first degree murder, use of a firearm, spousal battery, kidnapping, false imprisonment and stalking his estranged wife.

Perez and the 21-year-old victim, Anabella Vera, were separated. They met at a pizza place. After kidnapping her at gunpoint and terrorizing her for two hours, Anabella finally convinced Perez that she would return home with him. Perez then drove Anabella to her car. After Anabella tried to drive away from him, Perez chased her in his car, ramming her vehicle and forcing her to run red lights. Ultimately, Anabella became stuck in traffic and, in a desperate bid to save her life, abandoned her car and tried to flee. Perez then caught Anabella at a gas station and shot her in the head. Miraculously, she survived.

During the trial and while out on bail, Perez drove to Fontana, California to the home of Anabella's father, who had been a key witness against Perez. In front of Anabella's siblings, Perez shot and killed Anabella's father. Perez then allegedly fled to Mexico, where he is still at large.

Perez was sentenced in absentia in Los Angeles County for attempted murder to a term of 33 years to life, plus an additional life term. In addition, the San Bernardino County District Attorney's Office has charged Perez with the murder of the victim's father and the special circumstances of killing a witness. These charges carry a potential punishment of life in prison without the possibility of parole or, if it is not waived, the death penalty. Because Mexico does not recognize convictions in absentia, my understanding is that Mexico will neither extradite Perez for attempted murder nor prosecute him under Article IV of the Mexican Federal Penal Code.

People v. Alvaro Luna Jara (Case No. BA174264/Los Angeles County)

Alvaro Luna Jara has been charged with the special circumstances murder of 12-year-old Steven Morales and the attempted murder of three others.

On August 29, 1998, Steven was playing with several other children in front of their apartment, near three members of a local street gang. As Jara drove by, he and the three gang members exchanged hand gestures. Jara then extended his arm out of the car window and fired three rounds into the crowd, killing Steven with a gunshot to the head. Jara then fled to Mexico.

If convicted in the United States, Jara could face life without possibility of parole or, if it is not waived, the death penalty. However, while Jara is not a Mexican national, the Mexican government has refused to deport him because his parents are Mexican nationals. After this refusal, Los Angeles County District Attorney Cooley began formal extradition proceedings. However, because of the October 2001 Mexican Supreme Court decision, Cooley never submitted the formal request.

People v. Riviera (Case No. A967075/Los Angeles County)

On May 7, 1988, Father Nicholas Aguilar Rivera, a Catholic priest, was charged with 19 counts of child molestation. The day after he was charged, Father Rivera fled to Mexico. Although the case was supposed to be prosecuted promptly under Article IV, Mexican prosecutors failed to submit the case for prosecution until 1995. The Mexican court dismissed the matter as untimely and entered an acquittal. Now, both countries are barred from further prosecution.

In my view, the United States must retain discretion to prosecute and punish dangerous and violent offenders who commit crimes in the United States according to U.S. laws. A number of United States criminals have fled to Mexico and remain at large there, free to commit additional crimes. A grave danger exists that Mexico will become a safe haven for serious criminals. Moreover, others face only Article IV prosecution, not extradition to the United States. Article IV prosecution ignores United States laws of crime and punishment, does not provide victims' rights consistent with U.S. law , and results in sentences–often reduced on appeal–that bear little resemblance to those authorized by U.S. sentencing laws.

Presidente Fox, I implore you to act now to try to resolve this problem. Thank you for your attention and, in advance, for your assistance."

Copies of Senator Feinstein's letter are available upon request.

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Privacy Notice	Senator Feinstein Asks Mexican President Fox to Help Make it Easier to Extradite Criminals who Flee to Mexico August 6, 2003 – Requests Fox's Help in Bringing Criminals to Justice, including the alleged murderer of Los Angeles County Deputy Sheriff David March -- Washington, DC – U.S. Senator Dianne Feinstein (D-Calif.) has asked Mexican President Vicente Fox for his assistance in resolving difficulties which have effectively eliminated the United States' ability to extradite criminals who flee to Mexico. Under the U.S.-Mexico Extradition Treaty, which went into effect in 1980, neither Mexico nor the United States is bound to deliver up its nationals for extradition and both countries may refuse to extradite unless the country seeking extradition assures that it will not impose the death penalty. Under a recent interpretation of Mexican Law, the ability of the United States to extradite persons charged with serious crimes has been significantly curtailed. In October 2001, the Mexican Supreme Court ruled that life imprisonment violates the Constitution of Mexico. Mexico then extended this interpretation to the Extradition Treaty, deciding that it would no longer extradite a fugitive who is subject to life imprisonment with or without the possibility of parole, unless assurances are given that guarantee a determinate term of years. In a letter to President Fox, Senator Feinstein wrote: "I write to request your assistance in resolving a huge problem facing both the United States and Mexico: the fact that Mexico's recent interpretation of the U.S.-Mexico Extradition Treaty has effectively eliminated our ability to extradite persons charged with serious crimes who flee to Mexico to avoid prosecution in the United States. This interpretation has jeopardized the safety of both American and Mexican citizens, denied basic rights and closure to crime victims, and allowed hard-core criminals to escape just punishment. It has also had a particularly deleterious effect on California, the State I represent in the United States Senate. While it has been difficult to determine the full scope of the problem, I am informed by prosecutors in California that, as a result of Mexico's interpretation of the Extradition Treaty, many individuals who have committed murder and other serious crimes in California have either not been extradited or have been effectively rendered non-extraditable, thus allowing them to escape appropriate prosecution and punishment under California law." Senator Feinstein also called upon President Fox to help resolve four cases in which a person charged with a crime fled to Mexico to escape prosecution. In her letter, Senator Feinstein wrote: "I would respectfully request your help not only in ensuring that Mexico carries out its obligations under the Treaty but also to request your assistance in bringing the perpetrators of these terrible crimes to justice. "People vs Armando Garcia (Pending Filing/Los Angeles County) On April 29, 2002, Armando Garcia, a Mexican national, allegedly shot and killed, execution-style, 33-year old Los Angeles County Deputy Sheriff David March during a routine traffic stop in Irwindale, California. Garcia apparently fled to Mexico. Garcia has previously been charged in an unrelated case involving two counts of attempted murder, and a warrant has been issued for his arrest in that case. If convicted of Deputy March's murder in the United States, Garcia could face life without possibility of parole or, if it is not waived, the death penalty. Los Angeles County District Attorney Steve Cooley told me that he has declined to seek extradition in this case because of Mexico's interpretation of the Extradition Treaty. People v. Daniel Perez (Case No. VA035691/Los Angeles County & San Bernardino County) In August of 1999, Daniel Perez, a Mexican national, was convicted in absentia in Los Angeles County by a jury for the crimes of attempted first degree murder, use of a firearm, spousal battery, kidnapping, false imprisonment and stalking his estranged wife. Perez and the 21-year-old victim, Anabella Vera, were separated. They met at a pizza place. After kidnapping her at gunpoint and terrorizing her for two hours, Anabella finally convinced Perez that she would return home with him. Perez then drove Anabella to her car. After Anabella tried to drive away from him, Perez chased her in his car, ramming her vehicle and forcing her to run red lights. Ultimately, Anabella became stuck in traffic and, in a desperate bid to save her life, abandoned her car and tried to flee. Perez then caught Anabella at a gas station and shot her in the head. Miraculously, she survived. During the trial and while out on bail, Perez drove to Fontana, California to the home of Anabella's father, who had been a key witness against Perez. In front of Anabella's siblings, Perez shot and killed Anabella's father. Perez then allegedly fled to Mexico, where he is still at large. Perez was sentenced in absentia in Los Angeles County for attempted murder to a term of 33 years to life, plus an additional life term. In addition, the San Bernardino County District Attorney's Office has charged Perez with the murder of the victim's father and the special circumstances of killing a witness. These charges carry a potential punishment of life in prison without the possibility of parole or, if it is not waived, the death penalty. Because Mexico does not recognize convictions in absentia, my understanding is that Mexico will neither extradite Perez for attempted murder nor prosecute him under Article IV of the Mexican Federal Penal Code. People v. Alvaro Luna Jara (Case No. BA174264/Los Angeles County) Alvaro Luna Jara has been charged with the special circumstances murder of 12-year-old Steven Morales and the attempted murder of three others. On August 29, 1998, Steven was playing with several other children in front of their apartment, near three members of a local street gang. As Jara drove by, he and the three gang members exchanged hand gestures. Jara then extended his arm out of the car window and fired three rounds into the crowd, killing Steven with a gunshot to the head. Jara then fled to Mexico. If convicted in the United States, Jara could face life without possibility of parole or, if it is not waived, the death penalty. However, while Jara is not a Mexican national, the Mexican government has refused to deport him because his parents are Mexican nationals. After this refusal, Los Angeles County District Attorney Cooley began formal extradition proceedings. However, because of the October 2001 Mexican Supreme Court decision, Cooley never submitted the formal request. People v. Riviera (Case No. A967075/Los Angeles County) On May 7, 1988, Father Nicholas Aguilar Rivera, a Catholic priest, was charged with 19 counts of child molestation. The day after he was charged, Father Rivera fled to Mexico. Although the case was supposed to be prosecuted promptly under Article IV, Mexican prosecutors failed to submit the case for prosecution until 1995. The Mexican court dismissed the matter as untimely and entered an acquittal. Now, both countries are barred from further prosecution. In my view, the United States must retain discretion to prosecute and punish dangerous and violent offenders who commit crimes in the United States according to U.S. laws. A number of United States criminals have fled to Mexico and remain at large there, free to commit additional crimes. A grave danger exists that Mexico will become a safe haven for serious criminals. Moreover, others face only Article IV prosecution, not extradition to the United States. Article IV prosecution ignores United States laws of crime and punishment, does not provide victims' rights consistent with U.S. law , and results in sentences–often reduced on appeal–that bear little resemblance to those authorized by U.S. sentencing laws. Presidente Fox, I implore you to act now to try to resolve this problem. Thank you for your attention and, in advance, for your assistance." Copies of Senator Feinstein's letter are available upon request. ###