New Extradition Treaty With Mexico Proposed

Officials from throughout California called Monday for a new treaty with Mexico, saying it is needed to secure the return of 360 fugitives wanted for murder and other crimes in the state.

From liberals such as U.S. Sen. Dianne Feinstein to conservatives such as Los Angeles County Dist. Atty. Steve Cooley, they said a new agreement is needed to halt the flight of accused criminals to a legal haven across the border.

Mexico refuses to extradite for trial in the United States any Mexican nationals who can be imprisoned for 60 years or longer, and Feinstein (D-Calif.) said that sends a bad message to criminals.

“If you kill a law enforcement officer, go over the border,” Feinstein said at a news conference in downtown Los Angeles. “If you are a gangbanger and go do a drive-by, go over the border.”

Clearly, Feinstein said, the existing treaty is not working so long as Jorge “Armando” Arroyo Garcia, the Mexican national accused of the April 2002 killing of Los Angeles County Sheriff’s Deputy David March in Irwindale, remains free from justice.

Cooley said the treaty signed two decades ago bound both nations to surrender their citizens except in cases punishable by execution, which is not recognized in Mexico. But Cooley said the treaty governing each country’s return of its citizens has been undermined by Mexico’s Supreme Court.

In October 2001, that court forbade the extradition of those facing charges that would result in more than 60 years in prison, the maximum under Mexican law. The decision affected hundreds accused of murder or attempted murder who have fled to Mexico, Feinstein said

Any crime punishable by a life sentence in California would be covered by the Mexican legal rule. Officials said those protected from extradition in recent cases include juveniles and, in some cases, the sons and daughters of Mexican nationals.

Feinstein said she has introduced a Senate resolution along with several Republican colleagues to get the White House to take up the issue and show the Mexican government the seriousness of the problem.

She and other public officials said they also are showing their support for new efforts by the Mexican attorney general to get the court there to reconsider.

The current problems have led prosecutors to delay any extradition efforts in cases such as March’s killer.

Cooley said Mexican authorities have tried U.S. citizens in Mexican courts whose extradition has been formally requested, and the cases may not be retried in the United States.

March’s widow, Teri, said she won’t give up fighting for the return of his assailant and others who have killed and fled.

The California officials cited another case, the killing of a witness, Carlos Vara, in an attempted murder trial.

Three days after Vara allegedly was shot to death in August 1999 at his Fontana home by his son-in-law, his daughter received a letter from the suspect. Anabella Vara said the letter came from Mexico, and in it her ex-husband, Daniel Perez, taunted her about the killing.

At the time, Perez was on trial for the attempted murder of Anabella Vara. He remains at large in Mexico.

“We all want a closer relationship with Mexico,” Feinstein said. “How can you have that relationship if people can do what’s happened to these people here and hop over the border and live a life in sanctuary?”