Can’t Block Artukovic Move, Court Rules : Way Cleared for Fast Transfer to Missouri Hospital

A federal magistrate ruled Tuesday that he is powerless to block government plans to move Andrija Artukovic from the U.S. Naval Hospital in Long Beach to a prison hospital in Missouri pending the completion of extradition proceedings against the accused war criminal.

The decision by U.S. Magistrate Volney V. Brown Jr., who last week called 85-year-old Artukovic a “gallant old man,” set the stage for a speedy transfer of the former Croatian government official to a federal prison hospital in Springfield, Mo.

Brown’s ruling was opposed by a defense attorney on grounds that the move could jeopardize Artukovic’s life.

Members of Artukovic’s family wept as the decision was announced, and other supporters of the Orange County man voiced loud groans of protest at the magistrate’s ruling.

While federal officials declined to say exactly when Artukovic would be moved, indications were that the transfer will be made at the earliest possible time--within the next few days.

Brown, who made no reference to his “gallant old man” comment Tuesday, said he was turning Artukovic over to the custody of U.S. marshals “with some reluctance” after concluding that he had no authority to interfere with the government’s determination of where any federal prisoner should be housed while in custody.

“The question is whether this court has the authority to order this defendant to remain in this district,” Brown said at the outset of a brief hearing on the government’s plans to move Artukovic.

“I will hear argument, but I am inclined to the opinion that I do not have the authority to hold him,” Brown said.

Attorney Michael Dacquisto, representing Artukovic at the hearing, argued that federal law permits a magistrate to determine where prisoners in extradition cases can be confined, but Brown rejected that claim.

Dacquisto then launched an emotional appeal to the magistrate to consider releasing Artukovic on bail while he appeals a March 4 decision by Brown that Artukovic may be extradited to Yugoslavia for murder.

Yugoslav authorities say he was responsible for the slaughter of Serbs, Jews and Gypsies in Croatia during World War II.

“Dr. Artukovic is an old man. Sending him back to Missouri may be the last time his family will see him,” Dacquisto said. “I can’t represent to this court that he will die the moment he is taken to Missouri. I don’t know if he will or not. But his family is his life. His family is what keeps him alive.”

The defense attorney added that during an earlier extradition effort by Yugoslavia in the 1950s, Artukovic was granted bail and made no effort to flee from prosecution. He said that it was ironic that, as a much older man, Artukovic has been denied bail.

Reason for Denying Bail

Brown, rejecting the bail proposal, said he believed his original decision to deny bail was correct.

Noting that Artukovic’s health has improved during his hospitalization since his Nov. 14 arrest, the magistrate said, “If he were to flee, he’s now more physically able to flee.”

Brown said he would recommend that Artukovic remain in the Los Angeles area, but he observed that his recommendations likely would have no effect on plans to move Artukovic outside his immediate family be allowed to visit him before the transfer.

At one point in Tuesday’s proceeding, an Artukovic supporter, upset with Brown’s ruling, shouted, “Just kill him!”

After the hearing, one of Artukovic’s three daughters, Ruzica, approached Assistant U.S. Atty. David Nimmer, who had requested the transfer, demanding to know when her father actually would be removed from the Long Beach facility.

“Is it tonight?” she asked. “Will you please let me know now? This is the last time I am going to see my father. Would you please tell me when you are going to move him?”

Nimmer, moving away, referred her to Dacquisto.

No ‘Vindictive’ Intent

Then, responding to earlier statements by Artukovic’s lawyers, the prosecutor said there was no “vindictive” intent by the government in moving the elderly man to Missouri.

“He has been given preferential treatment up to this point,” Nimmer said. “Hereafter, he will be treated in exactly the same way as every other federal prisoner.”

In a document supporting the government’s move, Nimmer said that a deportation hearing set for April ill be delayed, avoiding the necessity of returning Artukovic to Los Angeles at that time.

Yugoslavia has until May 3 to amend its extradition indictment against Artukovic, and at that time defense attorneys plan to appeal Brown’s extradition order to Chief U.S. District Judge Manual L. Real of Los Angeles.

Dacquisto said Tuesday that a request probably will be made to bring Artukovic back to the Los Angeles area at that time.