Mexican Doctor Denied Bail in Camarena Case : Murder trial: The judge--who ruled that the suspect’s kidnaping from Mexico was an extradition treaty violation--calls him a ‘flight risk.’

A federal judge denied bail Friday for a Mexican suspect in the Enrique Camarena murder case who had earlier been ordered released on the grounds that his abduction by bounty hunters in Guadalajara violated the United States’ extradition treaty with Mexico.

U.S. District Judge Edward Rafeedie said the suspect, Dr. Humberto Alvarez Machain, was a “flight risk.” Rafeedie said that Alvarez had failed to show that he could secure property or cash to post his bail.

“All of the defendant’s significant ties are in Mexico,” said Rafeedie, who just two weeks ago stunned the federal Drug Enforcement Administration by ruling that the agency’s orchestration of the kidnaping of Alvarez on April 2 violated the U.S.-Mexican extradition treaty. Alvarez was hustled from his office by half a dozen men, some brandishing police badges, and flown to El Paso.

Rafeedie’s ruling means that Alvarez will remain in a U.S. prison while the Justice Department appeals the order that he be returned to Mexico.

Alvarez, a Guadalajara gynecologist, is accused of administering drugs to Camarena to revive him so that drug lords and their Mexican law enforcement allies could further interrogate and torture him in February, 1985, at a Guadalajara house owned by narcotics baron Rafael Caro Quintero.

Rafeedie spurned a personal plea from Alvarez.

“Since the very first day I was here I wanted to show my innocence,” the gynecologist said. “I want to assure you that I would, under no circumstances, return to Mexico until all of this has been cleared up.”

The judge responded that he could not make a decision based on Alvarez’s “subjective intentions.” Rafeedie based his decision, he said, on Alvarez’s strong ties to Mexico, his lack of property and other resources in the United States and the fact that he faces serious charges.

Federal probation officials had also recommended no bail for Alvarez.

Alvarez’s attorney, Robert K. Steinberg, said that his client’s cousin, Ramon Alvarez, described as a wealthy man with holdings in Los Angeles and Palm Springs, had agreed to put up property worth $100,000 to secure bail.

But the judge pointed out that federal probation officials had been unable to reach Ramon Alvarez. The cousin was not in court Friday.

The abduction severely strained relations between the two countries. Mexico lodged a vigorous protest, saying the abduction violated its sovereignty and was undertaken without any attempt to extradite Alvarez. Mexican officials have charged two Los Angeles men in the kidnaping of Alvarez and formally requested that they be extradited to Mexico.

Mexico has indicted Antonio Garate Bustamante, former commander of the Guadalajara police department riot squad and a veteran DEA operative who has admitted that he orchestrated the abduction, and Hector Berrellez, the DEA agent who heads the Camarena investigation and is Garate’s supervisor. Ranking Justice Department officials have said they could conceive of no scenario under which the two men will be extradited to Mexico.

The Mexican attorney general’s office earlier announced that six people have been arrested there in connection with the Alvarez kidnaping. Garate said at a May 25 Los Angeles court hearing that several other people involved in the abduction have been relocated to the U.S.

He also said the DEA had paid out $60,000 in expenses to various individuals involved in the abduction. Garate said expense payments were continuing to some of the individuals. No further figures have been available since then.

DEA officials were very anxious to apprehend Alvarez, according to agency sources. Last January, he was indicted here on several charges stemming from the February, 1985, kidnaping and murder of Camarena, a veteran DEA agent.

Shortly after Alvarez was brought to the U.S. last April, he told DEA agents that he visited briefly at Caro’s house. But he denied administering any drugs to Camarena. Alvarez said another doctor had performed that function.

Steinberg said his client has acknowledged having been a physician for Caro, his father and his grandfather. Caro is now serving a long prison term in Mexico in connection with Camarena’s murder.

Steinberg said he believed that it was possible his client will remain imprisoned while the government appeals Rafeedie’s extradition treaty ruling. He said the case could ultimately go to the U.S. Supreme Court.

On Thursday afternoon, the U.S. 9th Circuit Court of Appeals stayed Rafeedie’s earlier decision to release Alvarez pending an appeal by the Justice Department. Judges J. Clifford Wallace and Ferdinand Fernandez also agreed to expedite the appeal process in the high-profile case.

The Justice Department was directed to file its brief by Sept. 27 and Steinberg to file his reply brief by Oct. 11. Assistant U.S. Atty. William Fahey said he had been informed that a hearing would be scheduled soon after the briefs had been submitted.

Outside court, Steinberg said he believed it was possible that Alvarez could eventually get bailed out. But he said some of his local relatives would have to come forward.

Among them, he said, are the cousin, Ramon Alvarez, and a niece, Linda Alvarez, a reporter for KNBC television.