Post by Anja on Jun 23, 2006 18:15:07 GMT -5
Mexico can refuse to extradite Mack if he faces the death penalty here
A treaty between the United States and Mexico will protect Darren Mack
from being returned to this country if he faces the death penalty for the
stabbing death of his wife, international law experts said today.
Washoe District Attorney Richard Gammick has said that Mack could face the
death penalty for the murder of his wife.
But Sandra Babthingy, a professor at Northwestern University School of Law
and counsel for the government of Mexico on death penalty cases, said
people inside Mexico who face capital charges are protected.
"There's an extradition treaty between Mexico and the U.S. that allows
Mexico to refuse to extradite anyone who faces the death penalty," she
said. "If a person is being extradited, Mexico asks for assurances that
they will not face the death penalty."
She said the treaty applies to everyone, regardless of nationality.
Donna Sellers, a spokeswoman for the U.S. Department of Justice, declined
to talk specifically about the Mack case, but agreed the treaty allows
some protection in capital cases.
"The treaty does not bar extradition if the crime is death penalty
eligible," she said. "Instead, it allows denial of extradition if the
requesting country fails to provide an assurance that the death penalty
won't be imposed."
"If this assurance is provided, then extradition should not be denied."
Mack is charged in the murder of his estranged wife, Charla Mack, who was
found stabbed on the floor of Mack's garage on June 12. He is also the
prime suspect in the sniper-style shooting of Washoe District Family Court
Judge Chuck Weller.
Weller was handling the couple's contentious divorce and was shot in the
chest through a window in his chambers about two hours after Charla Mack
was killed. He is recovering in a secure location.
Mack became the subject of a nationwide manhunt, but on Thursday, police
said he was in Mexico and had agreed to surrender at a U.S. Consulate, but
failed to show up.
(source: Reno Gazette-Journal)
A treaty between the United States and Mexico will protect Darren Mack
from being returned to this country if he faces the death penalty for the
stabbing death of his wife, international law experts said today.
Washoe District Attorney Richard Gammick has said that Mack could face the
death penalty for the murder of his wife.
But Sandra Babthingy, a professor at Northwestern University School of Law
and counsel for the government of Mexico on death penalty cases, said
people inside Mexico who face capital charges are protected.
"There's an extradition treaty between Mexico and the U.S. that allows
Mexico to refuse to extradite anyone who faces the death penalty," she
said. "If a person is being extradited, Mexico asks for assurances that
they will not face the death penalty."
She said the treaty applies to everyone, regardless of nationality.
Donna Sellers, a spokeswoman for the U.S. Department of Justice, declined
to talk specifically about the Mack case, but agreed the treaty allows
some protection in capital cases.
"The treaty does not bar extradition if the crime is death penalty
eligible," she said. "Instead, it allows denial of extradition if the
requesting country fails to provide an assurance that the death penalty
won't be imposed."
"If this assurance is provided, then extradition should not be denied."
Mack is charged in the murder of his estranged wife, Charla Mack, who was
found stabbed on the floor of Mack's garage on June 12. He is also the
prime suspect in the sniper-style shooting of Washoe District Family Court
Judge Chuck Weller.
Weller was handling the couple's contentious divorce and was shot in the
chest through a window in his chambers about two hours after Charla Mack
was killed. He is recovering in a secure location.
Mack became the subject of a nationwide manhunt, but on Thursday, police
said he was in Mexico and had agreed to surrender at a U.S. Consulate, but
failed to show up.
(source: Reno Gazette-Journal)