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U.S. fugitives in Mexico spared death penalty The Associated Press updated 8:21 p.m. CT, Thurs., Jan. 17, 2008 SAN ANTONIO - A methamphetamine dealer who gunned down a deputy during a traffic stop in Southern California. A man in Arizona who killed his ex-girlfriend's parents and brother and snatched his children. A man who suffocated his baby daughter and left her body in a toolbag on an expressway overpass near Chicago. Ordinarily, these would be death penalty cases. But these men fled to Mexico, thereby escaping the possibility of execution. The reason: Mexico refuses to send anyone back to the United States unless the U.S. gives assurances it won't seek the death penalty a 30-year-old policy that rankles some American prosecutors and enrages victims' families. "We find it extremely disturbing that the Mexican government would dictate to us, in Arizona, how we would enforce our laws at the same time they are complaining about our immigration laws," said Barnett Lotstein, special assistant to the prosecutor in Maricopa County, Arizona, which includes Phoenix. "Even in the most egregious cases, the Mexican authorities say, 'No way,' and that's not justice," Lotstein said. "That's an interference of Mexican authorities in our judicial process in Arizona." Some countries want 'death assurances' It may be about to happen again: A Marine accused of murdering a pregnant comrade in North Carolina and burning her remains in his backyard is believed to have fled to Mexico. Prosecutors said they have not decided whether to seek the death penalty. But if the Marine is captured in Mexico, capital punishment will be off the table. Fugitives trying to escape the long arm of the law have been making a run for the border ever since frontier days, a practice romanticized in countless Hollywood Westerns. Mexico routinely returns fugitives to the U.S. to face justice. But under a 1978 treaty with the U.S., Mexico, which has no death penalty, will not extradite anyone facing possible execution. To get their hands on a fugitive, U.S. prosecutors must agree to seek no more than life in prison. Other countries, including France and Canada, also demand such "death assurances." But the problem is more common with Mexico. "If you can get to Mexico � if you have the means � it's a way of escaping the death penalty," said Issac Unah, a University of North Carolina political science professor. More attention paid going in The Justice Department said death assurances from foreign countries are fairly common, but it had no immediate numbers. State Department officials said Mexico extradited 73 suspects to the U.S. in 2007. Most were wanted on drug or murder charges. Lolita Parkinson, a spokeswoman for the Mexican Consulate in Houston, said Mexico opposes capital punishment on human rights grounds and has a particular obligation to protect the rights of people of Mexican descent who face prosecution in the U.S. The U.S. government typically pays more attention to those entering the country from Mexico than it does to those trying to leave the U.S. But Texas authorities have begun making checks of vehicles and drivers heading south on the 25 international bridges that connect the state to Mexico. The initiative, announced in October, was originally intended to catch drug smugglers taking cash or stolen cars into Mexico, but "we would hope it would be a deterrent for fugitives" as well, said Allison Castle, a spokeswoman for Gov. Rick Perry. Officials work together in Marine case In the North Carolina case, local authorities and the FBI are working with Mexican law enforcement to hunt down Cpl. Cesar Armando Laurean, a 21-year-old naturalized U.S. citizen born in Mexico. He is accused of killing 20-year-old Lance Cpl. Maria Lauterbach in mid-December, months after she accused him of rape. Wanted posters and information on Laurean have been distributed to the Mexican media. Also recently, prosecutors in Dallas pledged not to seek the death penalty if Mexico extradites Ernesto Reyes, a man accused of killing and burning the body of a University of North Texas student last year. That extradition request is still pending. Last March, Teri March, the widow of a Los Angeles County sheriff's deputy who was killed during a traffic stop in 2002, lashed out at Mexico's justice system as Jorge Arroyo Garcia was sentenced to life in prison in California after hiding out in Mexico. "Garcia hid and hid behind a system that was very broken," she said. Lotstein, the prosecutor's assistant in Phoenix, said the county has agreed to drop the death penalty in a number of cases: "The option we have is absolutely no justice, or partial justice." | ||
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What's your point, Hoover? One more example of how lawbreakers can use any means, legal or otherwise, to avoid imposition of the death penalty? So, Grassy Knoll, would you assist a defendant in fleeing to Mexico for the purpose of avoiding the death penalty? | |||
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JB, you're a moderator. Why don't you just erase this tripe from the forum? | |||
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This thread makes no sense. Is there a post missing? | |||
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quote: Sorry, but no matter how many times someone posts on this forum, they cannot earn the ability to moderate these threads. That right is reserved to those of us who pull the levers behind the curtain.  As for this article ... it's relevant, appropriate, and could have just as easily been posted under "Issues in Prosecution" on the home page. I personally prefer news articles that are posted on the user forum to include a query, question, or other discussion-starter, but it's not required. Carry on ... Signed, The Home Office | |||
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I'm more of a provocateur than a moderator. That's spelled a little like a prosecutor, which is the profession for which this website was designed. But we decided long ago to leave the ability to post open to the public, just like the work we do in court. So, while you may find Hoover and his false identity and ACLU themes annoying, the solution is to ignore them or call him/her out by responding. Frankly, I lean more and more to ignoring. | |||
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Shannon, If only you had the training to insert IVs as well, Texas would be ahead of most other states with its execution protocol! JAS | |||
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The reason why I posted it is because it seems something interesting to talk about. JB often times posts articles without also putting up a question. So that is what I did, too. Personally, I do not think that Mexico has the right to tell us how to prosecute or handle our American cases. All this kind of thing does is encourage criminals to run to Mexico with the idea that they can somehow escape the death penalty. What if Canada or some other country had a law saying that "we will not turn over criminals if the punishment would be anything greater than 1 year in jail"? Would we then, as a country, be obligated to do so? I guess because there is a treaty involved, which overrules any state laws, we have no choice. That is all that I was trying to do when I posted this article. The issue is extremely relevant to us in Texas. | |||
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quote: Who is Hoover? | |||
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quote: I don't have a feeling of entitlement, but let's be honest here. Relevant threads and posts have been pulled before. It's not so much the article posted in this case, just the motives of the poster. | |||
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Need I remind everyone that not all your peers march in lockstep with you? We will continue to cull threads as needed, but in general, as long as a topic is relevant to our members' business and is not offensive or personally antagonistic or overtly political in nature, it will be allowed, regardless of the source. (Although we at TDCAA reserve the right to refuse service to anyone for any reason, including having no shirt and/or no shoes.) | |||
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Whoa!!! What's all this hostility about? And who is Hoover and who is the Grassy Knoll guy? All RTC did was post an AP story about murderers avoiding the death penalty by running to Mexico. How does anyone devine from that what his motives are? Even if he has evil motives, so what? Its just a news story.  | |||
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We need to locate and extradite these guys... http://www.usatoday.com/news/nation/2008-01-20-BorderAgent_N.htm "Senior Patrol Agent Aguilar was struck on Interstate 8 in the Imperial Sand Dunes Recreation Area about 20 miles west of Yuma, Ariz., on Saturday, said Agent Michael Bernacke, a spokesman for the agency's Yuma sector. Bernacke said Aguilar was trying to place spike strips in the path of two vehicles believed to have illegally entered the country from Mexico when one of the vehicles hit him. Both vehicles drove back across the border into Mexico." | |||
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http://www.cnn.com/2008/CRIME/01/21/missing.marine D.A.: Death penalty out if Marine arrested in Mexico From CNN's Susan Candiotti January 21, 2008 (CNN) -- Suspected killer Marine Cpl. Cesar Laurean is most likely in Mexico, authorities said, and the prosecutor said he agreed not to seek the death penalty if Laurean is arrested in that country. Onslow County, North Carolina District Attorney Dewey Hudson told CNN that he was shown "strongly compelling evidence" compiled by federal authorities that shows Laurean is in Mexico. Hudson said he provided a so-called provisional arrest request to Mexico through the U.S. State Department in case Laurean is discovered in Mexico. But, he said, he had "no other option" but to take the death penalty off the table if Laurean is found there. "I had to agree not to seek the death penalty," Hudson told CNN. "My hands were tied if I wanted to bring him here to face murder charges." Mexico has had a longstanding record of refusing to extradite suspected murderers to the United States if they face a possible death penalty after conviction. Mexico is opposed to capital punishment. "It was very frustrating and disappointing," Hudson said. Laurean has been charged with murder in the death of Lance Cpl. Maria Lauterbach. Her charred remains were found January 11 in a fire pit in Laurean's backyard. Investigators found the body after Laurean's wife came forward with a note her husband had written saying he had buried Lauterbach, who was eight months pregnant, after she slit her own throat during an argument. Hudson said Laurean apparently entered his native Mexico only days after leaving behind that note. Hudson would not elaborate on the evidence suggesting Laurean is in Mexico, which he said he viewed Friday. The FBI would not comment on what evidence it might have that Laurean is across the border. "We strongly suspect, but have not confirmed, he is in Mexico," FBI spokesman Newsom Summerlin. Summerlin said the FBI plans to circulate in Mexico either matchbooks or business cards with Laurean's photo. The Marine's wanted poster is on the FBI's Most Wanted List with a $25,000 reward. Police believe Lauterbach was killed December 14, the same day she bought a bus ticket for travel for the following day. But in the note provided to police by Laurean's wife, the corporal claimed Lauterbach killed herself December 15. Police said an autopsy revealed the pregnant Marine was killed by a blow to the head. Police said they are analyzing a possible murder weapon provided by an undisclosed witness. A spokesman told CNN it could several weeks to determine whether it was used to kill Lauterbach. Laurean's wife told police about the note January 11, a day after she said Laurean told her what allegedly happened and following a meeting with a lawyer. Police describe her as a cooperating witness. Lauterbach was scheduled to testify last month at a military hearing after accusing Laurean of raping her last spring. On Monday, the Onslow County sheriff's office released new photographs of the fire pit in Lauren's backyard taken just before Lauterbach's body was discovered January 11. Police said some neighbors reported seeing a group of Marines having a Christmas Day barbecue in Laurean's backyard. Police also released photographs that show Laurean's living room and garage with paint cans. Investigators said they found blood in more than one room of Laurean's home, some of which was covered by fresh paint. The sheriff's office said it has documented evidence Laurean bought paint, concrete blocks and a wheelbarrow at a home improvement store December 16. In a store surveillance video, Laurean is seen walking into the store with another man, who has not been identified. Investigators are also awaiting the results of DNA paternity tests, which they said could take weeks, to tell whether Laurean was the father of Lauterbach's unborn child. | |||
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What if we just sent Dogg the Bounty Hunter and a couple of those guys from American Gladiators down to Mexico to haul this Marine's butt back north of the Rio on an involuntary basis? It's not like such conduct is without precedent: If I remember correctly, the Texas Rangers of old were quite good at forcibly extraditing fugitives who fled south 'o the border. Of course, the federales on both sides of the river were a little more indulgent of such extradition proceedings back in the days of Judge Roy Bean. Darn these modern treaties! | |||
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quote: Rangers, yes; bounty hunters, no. Mexico, in its wisdom, has outlawed the practice of bounty hunting, as Mr. Dog (?) found out to his dismay, when he and his son were arrested in Mexico a few years ago for "poaching" a fugitive who fled there. No death penalty, no bounty hunting, cheap beer ... really, why wouldn't a fugitive go to Mexico? | |||
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quote: I'm with Terry. I thought this was a story of interest to prosecutors. Why suggest pulling it? It's hard to argue that the poster's motives are objectionable when he added no commentary. I could see JB posting this same article as an example of a problem we should all be aware of, especially as prosecutors in a death-penalty state that shares a border with Mexico. I've disagreed with many of RTC's opinions in the past as well, but the articles s/he posts are usually of some interest, even if we disagree on what to take away from them. | |||
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I agree with JB. This forum was created for the benefit of prosecutors, not for the benefit of RTC and people of his ilk. With the current environment of hostility towards our profession, it would be nice to have a forum free from those like RTC that constantly accuse us of unethical and even illegal actions and motives. On numerous occasions, RTC has not hesitated to accuse a prosecutor of doing something wrong or dishonest when they have posted a legitimate issue/question for discussion. In my humble opinion, he has earned every bit of criticism thrown his way. | |||
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Houston Chronicle Mexico nabs suspect in killing of border agent American was hit by an alleged smuggler's vehicle By E. EDUARDO CASTILLO Associated Press MEXICO CITY � Mexican authorities said Wednesday they have arrested a man for the killing of a U.S. Border Patrol agent who was run over by a suspected smuggler's vehicle. Agent Luis Aguilar, 32, was placing spike strips in the path of two vehicles believed to have illegally entered the United States from Mexico on Saturday when one of the vehicles struck and killed him, authorities in Arizona said. Mexican federal and state police arrested Jesus Navarro Montes on Tuesday in the northern state of Sonora for the killing, according to a joint statement distributed Wednesday by Mexico's federal Attorney General's office and Public Safety Department. Authorities believe Navarro left Mexicali in Baja California and was headed for the U.S. in a Hummer carrying drugs on Saturday, the statement said. After allegedly running over Aguilar, Navarro, 22, drove to Mexicali and gave the Hummer to accomplices for safekeeping, said a spokesman for the Attorney General's Office who could not be named according to departmental rules. The official said Navarro acknowledged hitting the agent. Navarro had previously been detained for smuggling undocumented migrants into the U.S. Aguilar was originally from El Paso. | |||
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