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maleficent · 02-03-2006, 06:06 AM

and on the extradiction process -- if it comes down to that...
Extradition law could affect Neil

Quote:

A law passed in England in 2003 meant to make it easier to extradite terrorism suspects to the United States could be used to bring Neil Entwistle back to Massachusetts if he is ever charged in the killing of his wife and daughter.

Even with a process in place it could still take authorities three years to return Entwistle to the U.S., said Washington, D.C.-based lawyer Douglas McNabb who is an expert in extradition law. Entwistle has not been named a suspect in the deaths of wife Rachel and daughter Lillian but Middlesex District Attorney Martha Coakley has labeled him a person of interest.

"The U.S. cannot seek his extradition until after he has been charged," said McNabb of McNabb Associates. "At this point, he hasn’t been charged, and there’s a presumption of innocence. We do not want to forget about."

There are different scenarios on how the U.S. could extradite someone from England, but the most likely would begin with the person formally being charged with a crime.

"They can contact the authorities in England, the United Kingdom could provisionally arrest him," said McNabb. "It’s like a temporary arrest. The U.S. then has about 60 days to file a full-blown petition for extradition."

In the past, the U.S. would need to present a prima facie case, which amounts to probable cause, McNabb said. The British government passed a law in 2003 that made it easier for the United States to have someone sent back to the country.

It was designed for terrorism suspects, but mainly has been used for white-collar criminals, McNabb said. The law is not part of the U.S.-UK extradition treaty, and the United States does not have the same law, he said.

After the official petition of extradition is filed, there would be a hearing in front of a judge, where witnesses could testify.

The judge then makes his recommendation to the Home Secretary, the equal of the Secretary of State in the U.S., who decides if a suspect should be extradited.

"If the Home Secretary says ’yes, he should be extradited,’ this gentleman can appeal the decision to the High Court," said McNabb.

Even if the High Court rules a suspect should be extradited, it does not end there. McNabb said a suspect could appeal to the House of Lords.

Again, even if the House of Lords decides against a suspect, it still does not end, McNabb said.

"He can appeal it to the European Court of Human Rights (in France)," said McNabb. "They’re about two to three years behind on their dockets."

A lot of it comes down to whether a suspect can afford to pay for the defense to take it all the way to the French-based court. It is also possible a suspect could waive extradition.

"It could be quite some time before the U.S. can bring him back," McNabb said.

All his actions seem to point to his guilt... but we'll give him the benefit of the doubt right now... It does seem like a good way to get away with murder...