Washington, DC - U.S. Senator Dianne Feinstein (D-Calif.) today introduced a resolution calling on President Bush to renegotiate the U.S.-Mexican Extradition Treaty or take other action to ensure that criminal suspects wanted for serious crimes cannot flee to Mexico to escape punishment.

This resolution is cosponsored by Senators Sam Brownback, (R-KS), Bill Nelson (D-FL), Kay Bailey Hutchison (R-TX), Jeff Bingaman (D-NM), Pete Domenici (R-NM), Jon Kyl (R-AZ), Ben Nighthorse Campbell (R-CO), and Orrin Hatch (R-UT).

Prosecutors estimate that at least 350 people have committed murder and other major offenses in California, fled to Mexico to escape prosecution, and have either not been extradited or have been effectively rendered non-extraditable. That is because a October 2001 Mexican Supreme Court opinion has effectively halted extraditions to the United States of individuals who have committed serious crimes in the U.S. This includes the extradition of the suspected murderer of Los Angeles County Deputy Sheriff David March.

"Mexico is fast becoming a safe haven for hard-core criminals," Senator Feinstein said. "If you steal a car in the United States, Mexico will return you to face prosecution and punishment. If you kill the driver, Mexico will protect you. This is not right. This is why we are calling upon President Bush to ensure that the United States can extradite serious criminals back to this country for appropriate prosecution and punishment."

"It's clear if you commit murder, with the price of a bus ticket to Mexico, you are free from accountability in the United States," wrote Teri March - wife of Deputy Sheriff David March - in a letter published this April. "This is the wrong message to send out. That is why it is so important that the public gets involved in our fight. I realize that my husband is never going to come home. I desire justice, to close this chapter of my life. I pray that there will be change in our Treaty with Mexico....The Treaty is the only reason, there is currently no justice. We need this Treaty renegotiated, or if possible, the United States should withdraw from it."

Under the U.S.-Mexico Extradition Treaty, which went into effect in 1980, neither Mexico nor the United States is bound to deliver 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.

However, recently Mexico unilaterally interpreted the treaty in a way that significantly curtailed the ability of the United States to extradite persons charged with serious crimes. In October 2001, the Mexican Supreme Court ruled that the U.S.-Mexico Extradition Treaty bars the extradition to the United States of anyone who faces a potential life term in prison.

In other words, if a person commits a serious crime in the United States - one that could subject him or her to a maximum life term-and flees to Mexico, Mexico will refuse to extradite that person to the United States to face prosecution and punishment in this country, unless the U.S. first gives assurances guaranteeing a sentence of a fixed number of years. In the United States, however, neither a judge nor a prosecutor is permitted to give such assurances. As a result, people who commit a serious crimes in the United States and flee to Mexico typically escape justice.

"Mexico's policy actually encourages people committing serious crimes in the United States to flee to Mexico and escape just punishment," Senator Feinstein said. "Indeed, individuals in the United States with a criminal history have a perverse incentive to kill an arresting police officer and head for Mexico rather than face possible prosecution and imprisonment in the United States."

"Clearly, the treaty-at least as interpreted by Mexico-is not working. While the United States is currently attempting to extradite hundreds of fugitives from Mexico, since 1996, Mexico has only sent back only a handful every year. In my view, the United States needs to send a strong signal to the Mexican government that we will no longer accept their repeated violations of the Extradition Treaty."

Following are just a few of the cases where a suspect has fled to Mexico in order to escape prosecution in the United States:

• 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.

• 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.

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