Durazo Loses Round in Fight to Stay in U.S.

Former Mexico City Police Chief Arturo Durazo, who is wanted by Mexican authorities for illegally amassing a fortune by extorting money from men under his command, lost a crucial round Monday in his fight to stay in this country when a federal appeals court refused to block his extradition.

The one-sentence ruling by the U.S. 9th Circuit Court of Appeals left the 68-year-old Durazo with only one last court appeal--an emergency petition to the U.S. Supreme Court.

And late Monday, lawyers for Durazo asked Justice William H. Rehnquist to intervene. If he refuses to do so, the State Department will be free to extradite the former police chief “at any time,” the emergency petition said.

There was no immediate word on when the high court justice might act on the appeal.

Federal authorities in Los Angeles--who have kept Durazo under 24-hour guard since his arrest in late 1984--said they were prepared to return Durazo to Mexico on a moment’s notice.

Under federal procedures, extradition cases are forwarded to the State Department for final disposition once court appeals have been exhausted.

“We’re very confident that the 9th Circuit ruling will expedite his return to Mexico,” said Assistant U.S. Atty. J. Stephen Czuleger, who handled the case on behalf of the government of Mexican President Miguel de la Madrid.

De la Madrid, who pledged to fight corruption in Mexican officialdom when he came into office in December, 1982, has made Durazo’s return a top priority.

Durazo, who was appointed to the Mexico City post in 1976 by former Mexican President Jose Lopez Portillo, a childhood friend, is accused of extortion, taking bribes from subordinates and illegally stockpiling unregistered weapons.

Mexican authorities say Durazo lived well beyond his means between 1976 and 1982--his salary was the equivalent of less than $1,000 a month--accumulating millions of pesos through his extortion schemes. Durazo’s wealth is estimated by Mexican authorities to be around $200 million, including expensive homes in Canada, the United States and Mexico.

The former police chief, who fled Mexico, was arrested at San Juan’s international airport in Puerto Rico in October, 1984, on a Mexican warrant charging him with failure to pay more than 50 million pesos in duties for valuables found in his possession. He has been in federal custody ever since.

Durazo’s lawyers, Bernard Zimmerman and Jerrold Ladar, both of San Francisco, have argued against extradition over the past year in Los Angeles federal court.

Witness Recants

Zimmerman, for example, contended that there was no direct evidence linking Durazo to the alleged extortion schemes and cited the recantation of a key witness, retired Mexican Army Brig. Gen. Raul Perez Arceo.

He also claimed that John Gavin, the U.S. ambassador to Mexico, improperly certified documents provided by Mexican authorities for use in the extradition proceedings in Los Angeles federal court.

Others have contended that Durazo has been targeted for assassination because he was privy to many secrets of the Lopez Portillo administration.

However, those arguments have had little sway with U.S. jurists asked to review the case.

Extradition Treaty

In Los Angeles, U.S. Magistrate Volney V. Brown Jr. originally ordered Durazo’s extradition, ruling that he could be sent back to stand trial on extortion and illegal weapons charges in accordance with an extradition treaty signed by the United States and Mexico in 1978.

Three weeks ago, U.S. District Judge Matt Byrne Jr. upheld the magistrate’s order, discounting defense claims of U.S. government misconduct and that Mexican authorities falsified evidence against Durazo.

But Byrne stayed his order to allow an appeal to the 9th Circuit, where Judges Alfred T. Goodwin of Pasadena and William A. Norris of Los Angeles reviewed the case for 2 1/2 weeks before issuing Monday’s decision.

“We’re still hopeful,” said Zimmerman. “I thought we should have been given a stay (by the 9th Circuit).”