Extradition Could Take Months : Law: To have John J. Famalaro stand trial in Orange County, prosecutors must follow a series of legal procedures that would be delayed if he objected.

Blood tests may settle a debate over jurisdiction by week’s end, but officials said Monday that it could take months to extradite John J. Famalaro if he is to stand trial in Orange County in the killing of Denise Huber.

Defense attorney Thomas K. Kelly has said he believes it would be “advantageous” for his client to be tried in California, where he said prosecutors would have a tougher time seeking the death penalty against Famalaro. But the attorney has declined to say whether he would waive or fight extradition.

“If (Famalaro) doesn’t waive extradition, then we will need a governor’s warrant from California to send him back to Orange County,” said Yavapai County Sheriff’s Department spokeswoman Laurie Berra. “That’s normally a 90-day process. If he waives extradition, we’ll just give him to the Costa Mesa detectives.”

Orange County officials and Costa Mesa police would be in charge of arranging transportation for Famalaro, who would likely be handcuffed or shackled during the trip back by air or car.

Berra said Yavapai County uses a small, propeller-driven plane to transport prisoners and said it could be made available to Orange County officials.

Officials from the Orange County district attorney’s office are expected here today to discuss the jurisdictional question with Yavapai County authorities. Berra said she expected the issue to be settled by the end of the week.

If Orange County authorities were to seek Famalaro’s extradition, they would file a criminal complaint in Orange County Municipal Court and ask a judge to issue an arrest warrant.

Arizona authorities would then be notified of the warrant and would place a “hold” on Famalaro that would prevent him from being released, Orange County Assistant Dist. Atty. John L. Conley said.

Next, Famalaro would be brought into court in Arizona and asked whether he wanted to waive or fight the extradition.

If he chose to fight it, Orange County prosecutors would have to bring the complaint to Gov. Pete Wilson, who would then forward an extradition complaint to Arizona Gov. Fife Symington.

Famalaro would then be arraigned in Arizona on a “governor’s warrant.”

A hearing would be held before an Arizona judge on the merits of the extradition request. Legal authorities said there are only a few grounds, such as mistaken identity, on which a judge could deny extradition.

If the judge approves the extradition request, Famalaro would be transferred to Orange County, where he would be arraigned in municipal court on a murder charge. “It starts as if it were Day One and he was just arrested,” Conley said.

Either a preliminary hearing or grand jury indictment would have to occur before Famalaro could be bound over to superior court to face trial.

“Practically speaking, it’s very rare that we have a problem with extradition,” Conley said. He added that a person who fights extradition is generally “putting off the inevitable.”

Most states routinely abide by the Uniform Criminal Extradition Act, but in rare instances a state refuses to comply, said Jack Luellen, adjunct professor of law at Western State University College of Law in Fullerton.

New York, for example, has been embroiled in controversy in instances where it has refused to extradite an individual who faces the death penalty in another state. New York Gov. Mario Cuomo is a staunch death penalty foe.

“A lot of it depends on the parties involved,” Luellen said.

Officials said there is no reason to believe Arizona would object to efforts to bring Famalaro back to California to stand trial.

Arizona officials could either dismiss the indictment against Famalaro or stay the proceedings, the latter a precautionary measure in the event the case were later returned to Arizona, he said.

Famalaro’s case has highlighted differences between Arizona and California laws regarding the death penalty.

Kelly has said he believes it will be more difficult for Orange County prosecutors to secure a death penalty conviction against Famalaro, but even if they were to do so, it is unlikely he would ever be put to death in California.

There are 396 men and women on death row in California, but only two men have been put to death in the gas chamber since the death penalty was reinstated in 1977.

Arizona’s death penalty guidelines are seen as more lenient than California’s. Arizona prosecutors must only prove a defendant committed a “depraved, heinous” killing before seeking the death penalty.

In contrast, California prosecutors must prove the slaying took place during one or more so-called special circumstances, such as rape or kidnaping. Orange County prosecutors admit that they do not have enough evidence yet to proceed with a death penalty case against Famalaro.

Also contributing to this report was Times staff writer Matt Lait.