Loading...
CC - Revised City Council Agenda Item VIIA9/ COUNCIL MEMORANDUM FROM: CITY MANAGER DATE: JULY 9, 2002 RE: REVISED CITY COUNCIL AGENDA ITEM VILA The Los Angeles County District Attorney's office had unintentionally provided City staff with the wrong treaty title included in Resolution No. 2002-30 during preparation of the report. Attached for your reference this evening is a revised resolution and staff report that reflects the correct title of the treaty. The actual title should read "Extradition Treaty", rather than " Treaty On Cooperation Between The United Mexican States And The United States Of America For Mutual Legal Assistance." Cc: Robert Kress Nancy Valderrama Don Wagner Scot Yotsuya TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: BILL CZ~ITY MANAGER DATE: JULY 9, 2002 RE: RESOLUTION NO. 2002-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CALLING UPON THE PRESIDENT AND CONGRESS TO USE ALL DIPLOMATIC MEANS AVAILABLE TO PERSUADE MEXICO TO REVERSE ITS CURRENT EXTRADITION POLICY TOWARD THOSE ACCUSED OF CRIMES THAT MAY CARRY A LIFE IN PRISON OR DEATH PENALTY SENTENCE IN THE UNITED STATES This matter is being presented to you for consideration at the request of Councilwoman Margaret Clark. The attached resolution urges the President, the United States Senate and the House of Representatives to use all diplomatic means available to persuade Mexico to reverse its current extradition policy toward those accused of crimes that may carry a life in prison or death penalty sentence in the United States. As you are aware, the fugitive responsible for the April 29, 2002, murder of Los Angeles County Sheriff Deputy David March is believed to have fled to Mexico to avoid prosecution. Evelio Zacarias, who fatally shot four victims in Rosemead in 1999, also fled to Mexico. Los Angeles County District Attorney Steve Cooley estimates that more than 60 suspected killers from Los Angeles County alone are in Mexico, along with -countless more individuals who are suspected of rape, child molestation, attempted murder, and other serious, violent crimes. It is increasingly evident that the "Extradition Treaty (1987)" between Mexico and the United States, a copy of which is attached, must be modified to allow extradition of those committing these serious, violent crimes. RECOMMENDATION: If it is the Council's decision to take action on this item, it is recommended that the Council adopt Resolution No. 2002-30. AGENDA JUL 0 9 2002 ITEM No. RESOLUTION NO 2002-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CALLING UPON THE'PRESIDENT AND CONGRESS TO USE ALL DIPLOMATIC MEANS AVAILABLE TO PERSUADE MEXICO TO REVERSE ITS CURRENT EXTRADITION POLICY TOWARD THOSE ACCUSED OF . CRIMES THAT MAY CARRY A LIFE IN PRISON OR DEATH SENTENCE PENALTY IN THE UNITED STATES WHEREAS, the Preamble to the United States Constitution lists providing for the "common defense" as`one reason for forming our national government; and WHEREAS, the Constitution prohibits states and local governments from entering into treaties with foreign governments to protect their citizens and arrange extradition for criminals; and WHEREAS, the "Extradition Treaty" allows Mexico to refuse to extradite a fugitive if the United States courts charge the suspect with a capital offense, and now the Mexican Supreme Court has recently ruled that Mexico will not extradite criminals who face a life sentence in the United States; and WHEREAS, this restriction provides a safe haven for those who commit the most serious crimes, including murder and terrorist acts; and WHEREAS, any surviving conspirator who participated in the September II`h attack on America would enjoy the protection provided by the Mexican courts; and WHEREAS; officials estimate that more than 60 suspected killers from Los Angeles County alone are in Mexico, along with countless more individuals who are suspected of rape, child molestation, attempted murder, and other serious, violent crimes; and WHEREAS, the person responsible for the April, 29, 2002, murder of Los Angeles County Sheriff Deputy David March is believed to have fled to Mexico to avoid prosecution; and WHEREAS, the existence of a Mexican safe haven for these most heinous criminals presents an enormous challenge for border states seeking to defend their citizens; and WHEREAS, the Attorney General from each of the 50 states has asked United States Attorney General John. Ashcroft and. United States Secretary of State v Colin Powell to address this extradition issue with their counterparts in Mexico; and WHEREAS, the resolution of this issue is critical to defending our nation from enemies both foreign and domestic. NOW, THEREFORE BE IT RESOLVED: That the City Council of the City of Rosemead calls upon President George W. Bush, and Members of the United States Senate and the House of Representatives to use all diplomatic means at their disposal to insist that the "Extradition Treaty" be revised to resolve the critical issue of the extradition of those suspected of committing serious and violent crimes against people in the United States. The foregoing resolution was passed by the City Council of Rosemead this 9t' day of July, 2002. MAYOR ATTEST: CITY CLERK TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: BILL J E, CITY MANAGER DATE: JULY 9, 2002 . RE: RESOLUTION NO. 2002-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CALLING UPON THE PRESIDENT AND CONGRESS TO USE ALL DIPLOMATIC MEANS AVAILABLE TO PERSUADE MEXICO TO REVERSE ITS CURRENT EXTRADITION POLICY TOWARD THOSE ACCUSED OF CRIMES THAT MAY CARRY A LIFE IN PRISON OR DEATH PENALTY SENTENCE IN THE UNITED STATES This matter is being presented to you for consideration at the request of Councilwoman Margaret Clark. The attached resolution urges the President, the United.States Senate and the House of Representatives to use all diplomatic means available to persuade Mexico to reverse its current extradition policy toward those accused of crimes that may carry a life in prison or death penalty sentence in the United States. As you are aware, the fugitive responsible for the April 29, 2002, murder of Los Angeles County Sheriff Deputy David March is believed to have fled to Mexico to avoid prosecution. Evelio Zacarias, who fatally shot four victims in Rosemead in 1999, also fled to Mexico. Los Angeles County District Attorney Steve Cooley estimates that more ' than 60 suspected killers from Los Angeles County alone are in Mexico, along with countless more individuals who are suspected of rape, child molestation, attempted murder, and other serious, violent crimes. It is increasingly evident that the "Treaty On Cooperation Between The United Mexican States And The United States Of America For Mutual Legal Assistance," a copy of which is attached, must be modified to allow extradition of those committing these serious, violent crimes. RECOMMENDATION: If it is the Council's decision to take action on this item, it is recommended that the Council adopt Resolution No. 2002-30. COUNCIL. JUL 0 9 2002 ITEM No.---" 74, RESOLUTION NO 2002-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CALLING UPON THE PRESIDENT AND CONGRESS TO USE ALL DIPLOMATIC MEANS AVAILABLE TO PERSUADE MEXICO TO REVERSE ITS CURRENT EXTRADITION POLICY TOWARD THOSE ACCUSED OF CRIMES THAT MAY CARRY A LIFE IN PRISON OR DEATH SENTENCE PENALTY IN THE UNITED STATES WHEREAS, the Preamble to the United States Constitution lists providing for the "common defense" as one reason for forming our national government; and WHEREAS, the Constitution prohibits states and local governments from entering into treaties with foreign governments to protect their citizens and arrange extradition for criminals; and WHEREAS, the "Treaty On Cooperation Between the United Mexican States And The United States of America For Mutual Legal Assistance" (1987) allows Mexico to refuse to extradite a fugitive if the United States courts charge the suspect with a capital offense, and now the Mexican Supreme Court has recently ruled that Mexico will not extradite criminals who face a life sentence in the United States; and WHEREAS, this restriction provides a safe haven for those who commit the most serious crimes, including murder and terrorist acts; and WHEREAS, any surviving conspirator who participated in the September I I`h attack on America would enjoy the protection provided by the Mexican courts; and WHEREAS, officials estimate that more than 60 suspected killers from Los Angeles County alone are in Mexico, along with countless more individuals who are suspected of rape, child molestation, attempted murder, and other serious, violent crimes; and WHEREAS, the person responsible for the April 29, 2002, murder of Los Angeles County Sheriff Deputy David March is believed to have fled to Mexico to avoid prosecution; and WHEREAS, the existence of a Mexican safe haven for these most heinous criminals presents an enormous challenge for border states seeking to defend their citizens; and WHEREAS, the Attorney General from each of the 50 states has asked United States Attorney General John Ashcroft and United States Secretary of State Colin Powell to address this extradition issue with their counterparts in Mexico; and WHEREAS, the resolution of this issue is critical to defending our nation from enemies both foreign and domestic. NOW, THEREFORE BE IT RESOLVED: That the City Council of the City of Rosemead calls upon President George W. Bush, and Members of the United States Senate and the House of Representatives to use all diplomatic means at their disposal to insist that the "Treaty On Cooperation Between The United Mexican States And the United States Of America For Mutual Legal Assistance" (1987) be revised to resolve the critical issue of the extradition of those suspected of committing serious and violent crimes against people in the United States. The foregoing resolution was passed by the City Council of Rosemead this 91h day of July, 2002. MAYOR ATTEST: CITY CLERK Krr Aceused3cOp-killer de ®rted 3 times s- p y. ® County Supervlsor~ ■ The search for the sus MONDAY, MAY 6; 20M Mike Antonovich will take -,petted killer leads to a , : dead-end in Temple i Questions about murder'.. his complamf•to t-6,-INS "dir City on~ Monday. Story/ A4 Concerning the murder of ector in Washington, D. C: jF Deputy David March, I have one. F w; question: why was an undocu " immigration and Naturalization t~ By Rick 06and Marianne Love ..Service, ,to--.discuss.,; the. case; men "en who rs suspected of . two murders and arrested for pos- SrArt W2nsns -involving, suspected killer session of a loaded gun still on our With the shooting death of a ' Armando Garcia. _ 9Sherdfs Depuly Dam March left streets? , sheriffs deputy last week, Los Garcia 25, is being sought in . was fatalry shot during a traffic stop in. Can we make those responsible Angeles County: Supervisor M116 connection with the'slaying of,., I wndale. Oficials suspect Armando for this travesty answer this ques- ' Antonovich said Monday he is Angeles County Sheriffs, Garcia, right, in the Mling. lion? ' . Los using a scheduled trip to Wash. Deputy David March; 33, of - Tom G. MOORE ington, D.C.', to complain; about Saugus, during a routine. traffic suspect would have been in prison . ! COVINA the failed enforcement of unmr . stopin h-windale. He was buried and not on the streets gration laws r T'1 a "n ' ' " with 'full honors Saturday. March INS officials said they could not Antonov IC who flew.Lto worked out of the sheriffs Tem-,:. confirm Antonovich's assertions,:. . Washington with other board. : ple Station- and referred all ' inquiries to the members to meet with Officials ~ "Garcia had been deported . sheriffs Headquarters Bureau'in during the supervisors' annual three times for criminal activity,. Monterey Park ' lobbying trip to the nation's capi- nited Antonovich said records provid- before returning to he United tai, said he is scheduled to confer ; States, ' Antonovich said. "Had ed his office showed Garcia had with James Ziglar, director of the , the INS.enforced federal law, this Please turn to INS1:A6 . urantey said he's heard vent future incidents "Naturally I would be upset to De Lad " ' INS s not enough we can hear that because I would obvi- of cases of deported people coin .There ously prefer he not encounter, my ing back to the United States ir . do," Weldon said.. At one time, 11 ACCllSed COp-killer deputy out in the field," Abner . the or past ' . le came here to work Unf PAP said. "Certainly, anything that 'It makes me upset I've gone tuuately, rt it's not the case all the deported 3 times o would have prevented (Garcia's) to too many funerals where police time anymore.' , release or having him out on the officers have been murdered, and : Officials at the sherrH s Head- streets would have been better. it seems like almost without . tere M B i t ntinued from Ai C y on ureau n ers We want to see him apprehended : exception there is something we - quar ' h o ey could not com-. before there's some other oppor- - shouldhave known," he said Park said-t ' s deportation. or. = The chief said he wasn'twor- ment On Garcia tumty for him to hurt a citizen been deported on narcotics viola- . another.police officer ried about Irwindale's reputation because they were not familiar tions from Los Angeles in 1992, : Garcia, an undocumented in light of last week's tragedy. He with his prosecution or whatahe 1994 and 2001. Upon re-entry to . M6dcan immigrant is also want- said it could have happened any-, LNS may have failed to do. : - ' the United States, Garcia should ed by'the Baldwin park poli ce in , where "We hope the suspect is quick have been imprisoned, he said connection with two attempted "We could have been the one ly apprehended We do hope he is The, supervisor said .he will ` murders on Nov. 18, 2001 and Feb.. to stop him," De Ladurantey said quickly apprehended and urge Ziglar to immediately imple 16, 2002 and by El Monte police on . It could have been any of my offs- brought to justice"Sgt Ron Fren- Dent aerogram that allows law . a weapons charge- cers. When you look throughout strom said enforcement agencies to target Tm appalled that this is the the county, there's no community . and identify illegal immigrants Case. What's the purpose of depor- safe from this senseless violence." Rick Orlon can be reached at - for arrest Capt. Roberta Abner of the tation if (the INS) doesn't (do their Chief Ken Weldon of the job)?" Irwindale police Chief Joe El Monte Police Department (818) 7133000. Marianne Lone Temple Station said the fact that De Ladurantey said "My under- called March's death a tragedy inn be readied at (626) 962-8811, Garcia was deported was news to standing is that this guy came and said law enforcement' must E t-2108,. or by a-mail at her. back and forth at his leisure." work closely with the INS, to pre marianne.looe@skm.com. Tuesday; May 7 2002 wvt wsg concerns ri f CO were negotiating a major agree went to legalize millions of.Mexi-. oxn~ Immigration re can migrants in the united stag " ce of dlsc'orOd and.dramatically increase the uest worker S U a sour ]c act tion r mi I . g . number of . ; By Juue Watson . p a g m seen as unlikely. visas issued to Mexicans. But after Sept: 17, the focus . ASSOCIATED PRESS Shifted toward securing the U.S.- p, t E ' tinued from BI C Mexico border and restricting , GUANAlUATO Mexico=Mexic~Xtj" on grant visas. withthe elections looming,; lawmakers said Saturday they. States will the United t i the U.S. congressional elections slim" " few U.S. legislators want to touch t : t e : gn a s wan are very in November us a s th the idea of regularizing restart stalled talks on an immtS "Given the events of 9/11,. the of "millions of people who have` gration ag-eement, but U.S: leggy; American public just isn't can broken the law to get into the lators warned Yep" Kolbe had said earlier in the country; 'said George Grayson, a - tthat' hat's not likely meeting. Mexico expert at the College of to happen any- Mexican legislators were A,illi~ro & Mary in Williamsburg, time soon. adamant in their insistence that `,a Twenty Mex- - the issue needs to be revived - The United States for now, Ican ,laWmak- g Soon wants to focus on issues such as ers,' me uding% "Many Mexicans are dying ' bomer security. . seven senators while crossing the border. How But Rep. Howard Berman,' met wlthShetr many more need to die before we said that it is crucial for I?Calit U.S: counter- rF;, get back to this?' said-Mexican , president George W. Bush to get ; parts for the Rep. Marti Batres of the leftist the immigration issue back on: second day of a Democratic Revolution Party. the negotiating table because it is ' two-day., reun is really P "it can't wait for the Novem- vital to ensuring Mexdco s cooper . Ion in the cen n H tral ' colonial Olhe best tier elections;' added National Action Rep. Jose Carlos Borunda. aeon on border secirity "Our efforts on border securi•". city of Guan alu- and mOSt-.0, Mexican legislators said the t,'~ be enhanced massively if am to talk about successful united states could send a posi- " he said- Mexico is our partner, bilateral ' issues five sign by approving a bill .'M~co can only be our partner - many of which meeting 'allowing some illegal migrants to if we address the issues of con- ' were shelved by stay in the United States while rem their agenda" the SepE 11, ter..,, yTep. DaJd their residency paperwork is - rorisf attacks. Dreier, Also taking g Covina j being processed . U.S.' Rep. Chris Cannon; part inthe R-Utah, said that it was likely. meeting -,were U 5 Sens: Christopher Dodii Congress would approve the bill _ D-Conn4,and JeffaBingaman, by year's end and that he also hopes to see progress on the legal- D N.Mand 13 members of the ization of Mexican farm workers U S House, Representatives. ThLS really was the pest and in the United States. most"successfu] meehn said But in terms of any major 3 Rep David Dreier R Covuia who has attended"b 5 M inter- advances on migration issues, U.S. legislators said their counter- t i parliamentary sessions-for 22 en . would have to be pat parts Before the terrorist attacks, years.. Dreie'r said the biggest dts- ' the United States and Mexico :amorig [FS' law- agreements were makers on the issues of amnesty for illegal Mexican migrants and . guest-worker programs for ti.., cans.; A Mexican Rep Felipe Calderon n- o of President Vicente Fox's Nati can al Action Party, said, e;Mexi delegates succeeded in conveying the-urgency of a rnigrari - ent; but Rep Jun xplbe m l ......-....A Fl. T fho r}ian~ Kc- ' Los Angeles Times: Killers Slip Away to Mexico Page I of 4 Cos Angcles trmcs - ~aU cam ,i> NCE; , - httpi//-,N,wNA,.Iatimes.com/news/printedition/la-00003 7336may27.sto COLUMN ONE Killers Slip Away to Mexico Fugitives facing possible life terms now are protected from extradition. One father went south to seek his own justice. By JESSICA GARRISON TIMES STAFF WRITER May 27 2002 Saul Zavala tucked a gun into his Levi's and drove for hours up and down the hot, dusty streets of a tiny Mexican village. studying each face he passed. If U.S. and Mexican law enforcement authorities would not punish his daughter's killer, this grieving father from Lynwood felt he had no choice but to cross the border and "make justice with my own hands." The man he believes shot his daughter is among scores of Los Angeles County murder suspects who have sought refuge in Mexico. That government has long refused to extradite anyone who may face the death penalty in the United States. Recently, the Mexican Supreme Court extended that protection to fugitives who may face life in prison, provoking outrage among law enforcement officials in several border states. Mexican officials say the policy arises from a philosophy that criminals should be rehabilitated, not locked up for life or killed, both of which they consider cruel and unusual punishment. But for many U.S. authorities, their neighbor's refusal to extradite means that criminals are literally getting away with murder--and flouting the U.S. justice system. "A terrorist can commit a horrendous act and Mexico would be a haven," said Los Angeles County Dist. Atty. Steve Cooley. "It's inevitable. It's happening. It's becoming a haven for murderers." One of those, authorities say, may be the man who shot Los Angeles County Sheriffs Deputy David March last month in Irwindale and is suspected of fleeing home to Mexico. Another is a man who allegedly killed a Drug Enforcement Administration agent in Arizona. "We have several fugitives down there who have participated in the murder of law enforcement [officers] and other serious crimes, and we can't get them back," said Janet Napolitano, Arizona's attorney general. "It's a total disaster." Although the district attorney's office does not have an exact figure, officials estimate that more than 60 suspected' . killers from Los Angeles County are in Mexico, along with countless more fugitives suspected of rape, child molestation or attempted murder. Some have been picked up and prosecuted in Mexican courts, but others remain free. Earlier this year, all 50 state attorneys general signed letters to U.S. Atty. Gen. John Ashcroft and Secretary of State Colin Powell pleading with them to negotiate a solution to the extradition problem: The letter warned that Mexico Los Angeles Times: Killers Slip Away to Mexico Page 2 of 4 has created "a dangerous incentive for people to commit grievous crimes and escape" and that if terrorists involved in the Sept. 11 attacks were found there, even they could not be extradited unless the United States agreed not to ' sentence them to life in prison. Zavala has put a face--a sad, haunted face--to the problem Cooley calls him a symbol of the policy's injustice. Zavala's anguish began the June morning three years ago when his daughter Jessica, 15, and her cousin Olivia` Munguia, 17, were gunned down. The inseparable cousins, who both dreamed of becoming soap opera stars, had set out together on foot that Tuesday for Lynwood High School. They got only three blocks. Olivia was shot first. Her body slumped onto a utility pole as Jessica stood beside her, screaming. Then the bullets ripped into her. It took less than a month for Los Angeles officials to file a criminal complaint charging Juan Manuel Casillas, Olivia's ex-boyfriend, with murder. Casillas, 24, who authorities say is a gang member from an affluent Mexican family, reportedly had been furious that Olivia had broken up with him A few weeks later, law enforcement officials located Casillas in Mexico. Prosecutors in the Los Angeles County district attorney's office met with the girls' parents and explained that Casillas most likely would remain south of the border. Gil Garcetti, who was then district attorney, refused to waive the death penalty at the outset in any case, saying it would set a bad precedent. Another option for Casillas was prosecution in Mexico. Under a provision of Mexico's treaty with the United States, boxes of evidence from the United States can be translated into Spanish and shipped south. Mexican officials say that since 1993, more than 150 U.S. criminals have been convicted under such circumstances, 109 of them from . California. But California officials say that many.of those convicted in Mexico receive light sentences, and that some cases just seem to vanish, said Janice Maurizi, director of branch operations for the district attorney's office., That possibility wasn't acceptable to the Zavalas. "I want him here. He did it here," Zavala said. "I am from Mexico. I know Mexico. If his father pays the money, he'll get out right away." Meanwhile, without an agreement to waive the death penalty or a request from Los Angeles authorities to go forward with foreign prosecution, Mexican authorities did not arrest Casillas. It took Los Angeles officials nearly a year after the killings to ask Mexico to begin a foreign prosecution of Casillas. The thought of him riding horses on his family's ranch near Guadalajara tormented Zavala. The obsessed father made frequent visits to the district attorney's office, carrying a white plastic photo album devoted to Olivia and Jessica and begging Gazcetti to waive the death penalty and bring Casillas back. With each refusal, Zavala grew angrier. Once, after a chance meeting with Garcetti at a march for victims of gun violence, he screamed at the prosecutor until friends pulled him away. ; Finally, Zavala said, one of Gazcetti s secretaries took him aside and whispered that he should go see Cooley, who was then challenging Garcetti for the district attorney's job. Los Angeles Times: Killers Slip Away to Mexico Page 3 of 4 Cooleseemed the answer to Zavala's prayers. raYers. He met with Zavala looked at :Tess .ica's PhotograPhs and vowed to Y . get Casillas extradited if he won the election. Zavala, who had never been involved in politics, began organizing marches and parties in support of Cooley's campaign. He went on Spanish-language radio stations and told the story of his daughter's death urging people to vote for Cooley. A month after taking office, Cooley kept his promise, sending a letter to Mexico promising not to seek the death penalty in Casillas' case: For Cooley, it was to be a new era for justice in Los Angeles. Hundreds of victims' family members across Los Angeles County could prepare for the closure of confronting perpetrators in court. But by then, Casillas' trail had grown cold, and Mexican authorities said that they couldn't find him: About this time, Zavala and his wife, Petra, visited their hometown in the Mexican state of Michoacan. One morning before sunlight, without a word to his wife, Zavala rose. With his brother-in-law, Olivia's father, he made the three- hour drive across the hills to Jalisco. After getting a tip from a woman who had heard Zavala speak about his plight on the radio, they thought they knew where to find Casillas. It was early afternoon when their battered truck rumbled to the town plaza in Ayotlan, and the sun was beating down. The two men had guns, once used for hunting, in their waistbands. They carried pictures of Jessica and Olivia as well as a sketch of Casillas. They approached merchants and shoppers. Had they seen this man, or anyone in his family? They found Casillas' house, but no one was home. Finally, they drove home. The next day, Zavala wanted to return to Casillas' house, but.Olivia's father refused. Thank God, Zavala now says. "I was going io do something terrible there," he said. "Even if I saw his mom, or his sister I was doing something terrible." Last fall, a few months after that clandestine trip, Casillas was arrested at a gas station in Mexico City as he filled his car to flee to Veracruz, officials there say. American officials quickly moved to have him extradited, and the Zavalas began to prepare themselves for the bittersweet victory of facing their daughter's killer in court. Then, on Oct. 2, the Mexican Supreme Court issued a one-page ruling that dashed their hopes. Life without parole is not rehabilitation, the court ruled. Casillas' extradition was denied. Other suspects sought in California and other border states also had their tickets back to the United States canceled. The extradition picture was further complicated last week. A Mexican federal tribunal ruled that drug kingpin Jesus Amezcua, wanted in San Diego, would not be extradited, even with the U.S. guarantee that he would not face a possible life term, indicating that the assurance wasn't sufficient. Maurizi, from the Los Angeles County district attorney's office, said that decision "just makes an impossible situation worse." Jorge Garcia-Villalobos, a federal prosecutor with the Mexican attorney general's office in Los Angeles, said Mexican legal authorities haven't yet figured out if the ruling will have broad application. "We have to understand that Mexico and the United States have two different legal systems," Garcia-Villalobos said. "The penalty should help rehabilitate them in order to reincorporate them into society. If the requesting country doesn't give a less-serious punishment, we cannot extradite." But he added that Mexican officials were committed to working with their U.S. counterparts to put criminals where Los Angeles Times: Killers Slip Away to Mexico Page 4 of 4 they can't hurt people. "These days, if we don't join forces, we cannot fight these guys," he said. "These guys do not have borders." _ By international human rights standards, Mexico's position on the death penalty is consistent with most'of the rest of the world, especially Europe, said Jorge Vargas, an expert on Mexican law at UC San Diego. While not defending the Mexican system Vargas said the United States "is exactly the same when it comes to the death penalty as Saddam Hussein and Iraq. We're one of the few countries in the world with the death penalty." This reasoning makes U.S. prosecutors crazy. "Let's talk about justice," Cooley said. "Not someone's view of humanity. The murders occurred here. We get to set the standards of justice in our community. The [Mexican] Supreme Court should not be interfering with the sovereignty of the United States." Meanwhile, this spring the Mexican government began prosecution of Casillas, which means he could not be prosecuted here even if he did return. For Zavala, this is a torment. Even though he can think of no solution any more than prosecutors can, he won't give up. , "I-promised her that it's never going to stop until I make justice for her," he said about his daughter. Jessica's mother, agrees--to a point. "Here is where he committed the murders," Petra Zavala said. "But if they bring him here, or don't bring him here, still, my daughter is not here." Times staff writer Hector Becerra contributed to this report. If you want other stories on this topic, search the Archives at latimes. com/archives. For information about reprinting this article, go to viww lats. com/rights. r A,N E SAN GAB1tIFl VALLEY ~RIBUNE 7L T ~IjrE 10,N . - 1 Motmns, IvU.t' 20, 2002 %UR IEw .Mexico Join war on crime - E join those out- while here. _ -raged that a felon In addition to refusing to deported three extradite Mexican nationals to . times was back in stand trial in the United States " the country illegally if there's a chance prosecutors only to murder a police officer. will seek the death penalty, the On his last foray into Mexican Supreme Court has California, Armando Garcia, a tiled that criminals also will " Mexican national, allegedly not be returned to the United shot and killed a local police - States if they face life in prison. officer in what should have This policy shows little regard been a routine traffic stop. for American life and increas- If nothing ingly serves as else convinces Efforts must be made a direct escape President Bush route for those that more than on both sides of the who commit . trade agree Mexican border to heinous crimes . ments are need- - in California ed with Mexico. prevent tragedies like in the case, the execution of the recent murder of March's- . - Los Angeles killer, the 'County of Los Angeles County United States Sheriffs itself was cul. Deputy David Sheriffs Deputy pable in allow- March on April David" March. - ing Garcia to 29 should Over- skip punish- "haul of policies - - ment for crimi- regarding deportation. extradi-- na1 activity when he was - tion and border security are deported to Mexico in 1992, . -vital --1999 and 2001. Incredulously, We applaud the fingerprint- the. then-U.S. attorney in - ing system soon to be imple- charge of the case deported - - . • - - mented by the immigration' Garcia without penalty. and Naturalization Service. Congress needs to set a hard That would have added to law rule.against such capricious enforcement's arsenal for decisions - fast The United apprehending illegals wanted - States must demand prison for criminal activity. time for all those who commit Or as county Supervisor serious crimes in this country. Michael Antonovich noted' Here's why: The murder of Garcia could very well have the 33-year-old Temple Station been arrested and in jail. 11 that deputy capped a string of had occurred once Garcia re crimes over the past seven entered the United States, the months by Garcia that includ- . - 33-year-ofd deputy assigned to ed weapons violations and two the Temple Station would most -'attempted murders. likely still be alive. Sadly, we can't rewrite that . And while Mexican authori- shoM shameful history, but ties have indicated they will President Bush and Gov. Gray - "cooperate" in the apprehen- _ - Davis must work toward estab-., stun of Garcia it's clear . lishing realistic extradition 'Mexico's governing authority - - and deportation policies, Too - fails to. take the killing of many California families have Americans seriously. The been left grieving by those who 'United States must - enter our country illegally and Until we have extradition - prey upon the law-abiding. -_"and deportation policies that - Mexican President Vicente - make sense, California must Fox has had much to say about keep these criminals behind ' - - - the United States giving bars. That's the trade agree amnesty to his people who ment needed now. Either keep " have entered the country ife vour criminals securely locked gally, but he has offered little away, President Fox, or - - in return, especially when it offer financial aid to keep them ' rimes to punishment of those in orisons on this side of the i Q t-L ~F. ,p pL-Jd_2 LG''' .-DJG9C O D ` l .79 E C W FG ^J U r, vNi y ~J j T D O d '1' ° -L fz] 6 C d S- C L I D d a P 9 9 V ~ V ^ - ^ _ u n pLi=-> •F~••n~=>r 4.c ^ Sowpm r Z^. 4 v~ F Vy. r~ G S T~ ? w w r ~ 2 F a, . F: 72 S U r S GRN >L(~ U' ~V F~ ~~G ~ a3d p ~ xF2 t[ D D p ~ _ V j A. G G C 6 C. R - ~ d~ Vi G ~ r I VJ .-1 - _ C -r SE .2 - E5 E-5 SSE➢o E .nc - = a ~ yO o „ ReA n , a ~ ~ d . = rd . rtr_a DGC~ r d 'Ydr 6D^e. a 2 ' : L C 2.2 °'ac E a;5 L"__~ =r.c nd> c dd i > o o` . f m m c m v -do err. 6d-~~ DF. S ~ o _ n a . `~".w= v O • co o N- aao=tee c _ ` :y, N ~ V m d.S w J dp O N. - = 4W C2 C->i 'Jd-•% L~ ~°S V.jR~C. D'J^C~$ W a ~ w A. ~y ~ ~ ~ S . } _ d E D' rvRC. a i Dr uF~. u DR.^.Y da" ' m~z R 3 ' A Y _.+5 y . y cS,c r^ i, cn OU E. ~2'rt~> c Rm . Q >._~25~~z c ~i . pp D5 CVCtaCC' pGC r"= D. ~Om~v.•~6G -JO [T•p° tr. l ~O C R L• 3 ^ C ^,p 3 A D- 'J D- v V. CC• -¢~V 3 ~ r'6en5D ~ucf'~dY mac. - ~ 5 5 5. v.. i E ?V °c =Y^^ c5 a5 F . D ° y _ n ww n L. W J y O D n -1 Ei L' S W L P v C o l 00 ~R+.- - d Y D 'J a^ V S - U G'L F~ Q e L •5> F R V• r C D d~ C .j ` n S * i _ - _ a p... V VVJ . D~TaV So t O'nGCaN'=v C4y5 a~~~>Uy Si ~ . ra' ° 4>°G^'°5'd cd - S"5r u ~ ` ~ _ 2 .-ma -cR S 0 -Z ? _ Fd=n.dn c>Rmd_pv.. G~Go-o Gp,^= > D d U d V - C > ' > - tl O L - r . D IZ .D d $~°5uu. A °52¢ ce:a =<~.eU IZz F F 'a P `ca a'~ ca'a.~ dgr~A ~.S d- d E o ~ m~ y 5 0 - ltd-D.._ EaC¢cn,c L'- Tp s d cd c F a °i ~°'ic_g %55.~=5..- 5 a d m u V C D1 JR VJ..1 _ D ~ Y ~ c a R~~ a~"- o S E Y S .S w m~ d p. x ' 5- c °f u D D N • ~ R D> v D ^ S .D D V .D. C VA D - ~ d y _J'JD' V ~ W S ~ . i 9> 5° d D vi V` L A r. R A d D d D C Y m% C' C C G D " Eb= m G L ,n c =.C.~ U _ D c gt mN G a y F _ =5C9 Ccw<(7 pv.v575 -..Laws set aside . - ~ . ; - - _ - In response to letters from. Yvonne Maria Jimenez and Ray . . . - • Gutierrez: What part of illegal ' - - . don't they.understand? We are - ...supposedly a nation of laws, but more and mote these laws mean - - nothing. Do they think today's immi- . . grams are the fast group to came - - here seeking a new life, but know . ing the language and breaking - their back to put food on the table? . immigrants have always "filled jobs that most Americans don't ;.want" scrubbing floors and wait- ing tables even before there was a' . minimum wage. But immgrants of the past wanted to be. .Ameriams enough to obey our - - . `.laws and follow, the proper pence- _ dures to become an American citi- . - Why should immigrants of . today bother to follow our laws . (immigration or otherwise) if - - plenty of them simply go around. - the law with no consequences. It is ' not fair for the immigrants who do - - bother to go through the proper channels. With all the benefits illy - gal immigrants are entitled. to (Le : lower coition for state colleges), - why should they become American citizens at all? > Even though all people Gegal or - .r not) have rights, when did '.American taxpayer suddenly - became obligated to support illegal . immigrants with services meant " for Americans? In California, up to 90 percent , of births in public (taxpayer fund- . . ed) hospitals are to illegal aliens. Sheriff Lee Bam has said as many ' as :5 percent of Los Angeles 1 County Jail inmatesare illegal . aliens If an illegal immigrant is an IN -run from the law, such as the man - - `suspected of shooting Sheriffs I o _ Deputy David Matron on April 29- r in Irwindale, he can simply go e . - ' back home, where his goveznmen.~ will not extradite hum to our I . "authorises - - i . I am not anti-immigration. I do m " . ' - recognize the economic benefits I c . - - - that immigrants bring. But I also . . - • - understand the benefits. of a socie " - - R' of laws, and how that society can break down when those taws - i? are so easily disregarded ~ Atn SWDS JUL-02-2002 13:59 FROM LRCO DIST. ATTY. TO 16263079218 P.02i08 APPENDIX A: TREATY ON COOPERATION BETWEEN THE UNITED MEXICAN STATES AND THE UNITED STATES OF AMERICA FOR MUTUAL LEGAL ASSISTANCE The Governments of the United Mexican States and. the United States of America (the Parties), Desiring to cooperate in the framework of their friendly relations, and to undertake mutual legal assistance. to provide for the best administration of justice in cominal matters, Have agreed as follows: Article I Scope of the Treaty 1. The parties shall cooperate with each other by taking all apprnpriara measures that. they have legal authori- ty to take, in order to provide mutual legal assistance In criminal matters, in accordance with the terms of this Treaty and subject to the limitations of their respective domestic legal provisions. Such assistance shall deal with the prevention, Investigation and prosecution of crimes or any other criminal proceedings arising from acts which are within the competence or jurisdiction of the requesting Party at the time the assistance is requested, 'Intl in ennnection with ancillary proceedings of any other kind related to the criminal acts in ques- (ion. r 2. This Treaty does not empower one Party's authorities to undertake, in the territorialjurisdiu.ion of the other, the exercise and performance of the functions or authority exclusively entrusrad to the authorities of that other Party by its national laws or regulations. 3. Subject to the provisions of paragraph I of this Article, requests for assistance under this Treaty will be executed, except that the requested Party may deny a request to the extent that: a) execution of the request would require the requested Party to exceed its legal authority or would otherwise be prohibited by the legal provisions in force in the requested State, in which case the Coordinating Authorities referred to in Article 2 of this Treaty shall consult with each other to identify alternative lawful means for securing assistance. b) execution of the request would in thajudgment OfLh0 requested Party prejudice its security or other essential public policy or interest', c) the Executive of the requested Party regards the request as concerning an offense which Is political or of a political character; d) the request relates to military offenses, except those which constitute offenses under ordinary criminal law; or e) the request does not comply with the provisions of this Treaty. CRIMINAL PROSECUTIONS UNDER ARTICLE 4 1 19 e JUL-02-2902 14:00 FROM LACO DIST. ATTY. TO 16263079218 P.o3i08 4. In conformity with this Article and In accordance with the other provisions of this Treaty, such assistance will include: a) the taking of testimony or statements of persons; b) the provision of documents, records and evidence; c) the legal execution oi're.quest for searches and seizures as ordered by the judicial authorities of the requested Party in accordance with Its constitutional and other legal provisions, d) the legal execution of request for the taking of measures to immobilize, secure. or forfeit assets as ordered by thejudicial euthnri[ies of the requested Party in accordance with its constitutional and other legal provisions; e) the voluntary transferring of persons in custody for testimonial or Identification purposes. F) serving documents; g) locating or identifying persons; h) exchanging information: and i) other forms of assistance mutually agreed by the Parties, in ornformity with the object and purpose of this Treaty. 5. This Treaty is intended solely for mutual legal assistance between the Parties. The provisions of this Treaty shall not give rise to a right on the part of any private person to obtain, suppress, or exclude any evidence, or to impede the executmn of a request. Article 2 Coordinating Authorities 1. With the purpose of ensuring due cooperation between the Parties in providing to each other mutual legal assistance which falls within the scope of this Treaty, the United Mexican States designates as its Coordinating Authority Its Procuraduria General de la Republica, and the United States of Americo designates as its Coordinating Authority the Central Authority of the United States Department of Justice. The Cooidinat ing Authority of the requested State shall promptly comply with the requests or, when appropriate, shall transmit them to other competent authorities to do so. The competent authorities of the requested State shall take all necessary measures to promptly execute the request in accordance with Article I. 2. The Coordinating Authorities shall consult regularly with each other In order to secure the most effective implementation of this Treaty and to anticipate and resolve problems that may arise in its applicaunn. 3. For those purposes, the Coordinating Authorities shall meet at the request of either one of them and at a time and place to be mutually agreed. 20 1CRIMINA1. PROSECUTIONS UNDF.R ARTICLE 4 JUL-02-2002 14:00 FROM LRCO DIST. ATTY. TO 16263079218 P.04i08 Article 3 Limitations on Assistance I. Before refusing the execution of any request pursuant to this Treaty, the Coordinating Authority of the requested Party shall determine whether there are conditions whose satisfaction would make possible the ren- dering of assistance. If the requesting party accepts the assistance subject. to those conditions, it shall comply with them. 2. The Coordinating Authority of the requested Party shall promptly infonn that of the requesting Parry of the reason for denying the execution of a request. Article 4 Contents of the Request ('or Mutual Assistance 1. Requests for assistance will be submitted In writing and translated Into the language of the requested State. In urgent cases, the request may be submitted orally and the requested Party will take the necessary measures it is competent to undertake, with the understanding that to soon as possible the request. will be formalized in writing. 2. The request will include the following data: a) the name of the competent authority conducting the investigation, prosecution or proceeding to which the request relates; h) the subject matter and nature of the inve.stigatinn, prowcutinn or proceeding; c) a description of the evidence or information sought or the requested acts of assistance; d) the purpose for which the evidence, information, or other assistance is sought; and e) the method of execution to be followed. 3. To the extent necessary and possible, a request shall also include; a) available information on the Identity or physical description and whereabouts of a person to be loca(ed; b) the identity or physical description and location of a person to be served, that persons relationship to the investigation, prosecution or proceeding, and the manner in which service is to be made; c) the identity or physical description and location of persons from whom evidence k sought; (l) a precise description of the search to be conducted and of the objects to be seized; and e) any other information necessary under the laws of the requested Party to permit the execution of the request. 4. In cases of requested service of documents that are to be processed by the Coordinating Authority, those documents will be attached in the request and duly translated, certified, and authenticated. C R I M I N A L P R 0 S E C U T 1 0 N S U N D E R A R T I C L F. 4 21 JUL-02-2002 14:00 FROM LACO DIST. ATTY. TO 16263079218 P.05i013 5- The requested State shall keep confidential a request and its contents unless otherwise authorized by the Coordinating Authority of the requesting Party. If the request cannot be executed without breaching the required confidentiality, the Coordinating Authority of the requesting Party shall so inform the Coordinating Authority of the requesting Party, which shall then determine whether the request should nevertheless be exe- cuted. ArUCIP. 5 Costs The requested Party shall pay all costs relating to the execution of the request, except for the lawful fees of wit- nesses and expert witnesses and the expenses related to travel or witnesses pursuant. to Articles g and 9 mf this Treaty, which fees and expenses shall be borne by the requesting Party. Article 6 Limitations on Use of Information or Evidence 1. The requesting Party shall not use any information or evidence obtained under this Treaty for purposes other than those stated in the request without. the prior consent of the Coordinating Authority of the requested Party. 2. When necessary, the requested Party may.request that information or evidence furnished be kept confiden- tial in accordance with conditions which its Coordinating Authority shall specify. If the requesting Party can- not comply with such a request, the. Coordinating Authorities shall consult to determine mutually agreeable conditions of confidentiality in accordance with Article I of Utis Treaty. 3. The use of any information or evidence obtained under this Treaty which has been made publir. in the. requesting State in a proceeding msuluug from the investigation or proceeding described in the request shall not be subject to the restriction referred to in paragraph 1 of this Article. Article 7 Testimony in the Requested State 1. A person in the requested State whose testimony Ls requested shall be compeller) by subpnena, if necessary. by the competent authority of the requested Party to appear and testify or produce documents, records. and objects in the requested State to the same extent as in criminal investigations or proceedings in that State. 2. Any claim of immunity, incapacity, or privilege under the laws of the requesting Sate shall he resolved exclu- sively by the competent authorities of the requesting Party. Accordingly. the testimony shall be taken in the requested State and forwarded to the requesting Party where such claims will be resolved by its c:rnnpetem authorities. 3. The Coordinating Authority of the requested Party shall inform that of tire requesting Party of the date and place for the taking of the testimony of the witness. When possible the Coordinating Authorities shall wnsuh in order to secure a mutually agreeable date. 4. The requested Party shall authorize the presence In the taking of the testimony of such persons as specifier) by the Coordinating Authority of the requesting Party in its request. 5. Documents, records, and copies thereof shall be certified or authenticated in accordance with the procedures specified in the request. If certified or authenticated in such manner, they shall be admissible in evidence as proof of the truth of the matter set forth therein. 22 1 C RIMINA1. PROSECUTIONS UNDER A R T f CLE 4 JUL-02-2002 14:00 FROM LACO DIST. ATTY. TO 16263079216 P.06i08 Article g Transferring Persons in Custody for Testtntonlal or Identification Purposes 1. A person in custody in the requested State who is needed as a witness or for purposes of identification in the requesting State shall be transported to that State if such person consents and if the Coordinating Authority of the requested Party has no reasonable basis to deny the request. 2. For purposes of this Article a) the requesting Party shall have the authority and obligation to keep the person transferred in custody unless otherwise authorized by the requested Party; b) the requesting Party shall return the person transferred to the custody of the requested Party as soon as circumstances permit or as otherwise agreed between the Coordinating Authorities; c) the requesting Party shall not require the requested Party to initiate extradition proceeding to secure the return of the person in custody; and d) the person transferred shall receive credit for service of the sentence imposed in the requested Party In[ time served in the custody of the requesting Party. Article 9 Appearing in the Requesting State - When the appearance ore person who is in the requested State is needed in the requesting State, the Coordinating Authority of the requested Party shall Invite the person to appear before the appropriate authority of the other Party, and shall indicate the extent to which the expenses will be paid. The Coordinating Authority of the request- ed Party shall communicate the response of the person promptly to that of the requesting Party. Article ID Providing Records of Government Agencies 1. The requested Party shall provide the requesting Party with copies of publicly available records of government de.partmenti and agencies in the requested State. 2. If its legal provisions do not prohibit it., the requested Party may provide any record or infonnatinn in the pos session of a government office or agency, but not publicly available, to the same extent and under the same condi- tions as it would be available to its own law enforcement or judicial authorities. 3. Documents, records and copies thereof shall be certifiod or authenticated in accordance with the procedures specified in the request. If certified or authenticated in such manner, they shall be admissible in evidence as proof of the truth of the matters set forth therein. Article 11 Immobilizing, Securing and Forfeiture of Assets 1. The Coordinating Authority of either Party may notify that. of the other when it has reason to believe that pro- ceeds, fruits or instrumentalities of crime are located in the territory of the other Party. CRIMINAL P R 0 1 23 JUL-02-2002 14:01 FROM LACO DIST. ATTY. TO 16263079218 P.07i08 2, The Parties shall assist each other, to the extent permitted by their respertive laws, in procedures relating to the immohiliAng, securing and forfeiture of the proceeds, fruits and instrumentalities of crime, restltutlon and collection of fines. Article 12 Search and Seizure 1. A request for search, seizure and delivery of any object acquired thereby to the requesting State shall be exe- cuted if it includes the informatinn justifying such action under the laws of the requested Party. '2. The authority that has executed a request for search and seizure shall provide to the Coordinating Authority such certification as may be specified in the request concerning the identity of the object seized. the integrity of its condition, and the continuity of custody theraof. Such certification shall be admissible in evidence in the requesting Party as proof of the truth of the matters set forth therein. Article 13 Location or Identification of Persons 1. The requested Party shall take all necessary measures to locate or identlty, persons who are believed to be in that State and who are needed in connection with an investigation, prosecution, or proceeding within r,he ss,pe of this Treaty. 2. The Coordinating Authority of the requested Party shall promptly communicate the results of its inquiries to the Coordinating Authority of the requesting Party. Article 14 Serving Documents 1. The requested State. shall cause to be served any legal document transmitted by the Coordinating Aul.horiiy of the requesting Party for the purpose of service. 2. Any request for the service of* a document requiring the appearance of a person before an authority in the requesting State shall be transmitted within a reasonable time before the scheduled appearance. 3. The requested State shall return proof of service as specified in the request. Article 15 Compatibility of This Treaty With Other International Agreements and Domestic Jaw Assistance and procedures provided by this Treaty shall not prevent a Party from granting assistance through the provisinns of other international agreements to which it may hP a party or through the provisions of its national laws. The Parties may also provide assistance pursuant to any bilateral or multilateral arrangement, agreement, or practice which may be applicable. 24 (CRIMINAL PROSECUTIONS UNDER A R T I C L F 4 JUL-02-2002 14:01 FROM LRCO DIST. ATTY. TO 162639'79218 Article 16 Ratification and Entry Into Force 1. This Treaty shall be ratified by the Parties in accordance with their respective constu utinnal procedures and the instruments of ratification shall be exchanged at Washinginn, as soon as possible. 2. This Treaty shall enter into force on the date of the exchange of the instrurnentS oi" ratification. Article 17 Termination Either Party may terminate this Treaty by giving written notice through diplomatic channels to the other Party at any time. Unless otherwise agreed by the Parties, termination shall become effective six months after the date such notice is given. The requests for assistance that. may be pending at the temunation of the Treaty may be executed if agreed by both Parties. Article 18 Review The Parties shall meet at least every two years from the date of entry into force of this Treaty, at a time and place to he mutually agreed upon, in order to review the effectiveness of its implementation and to agree on whatever individual and joint measures are necessary to improve its effectiveness. IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, havo signed this Treaty. DONE at Mexico City, on the ninth day of the month of December of the year of nineteen hundred and eighty seven, in two originals, in the English and Spanish languages, both lexts being equally authentic. FOR THE GOVERNMENT OF THE UNITED MEXICAN STATES SERGIO GARCIA RAMIREZ ATTORNEY GENERAL OF THE REPUBLIC FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA CHARLES R. PILLIOD, JR. AMBASSADOR P.08/08 CRIMINAL PROSECUTIONS UNDER A R T I C Le 4 25 TOTAL P.08 MAYOR: ROBERT W. BRUESCH MAYOR PRO TEM. JOEVASOUEZ COUNCILMEMBERS: MARGARET CLARK, JAY T. IMPERIAL GARYA.TAYLOR c' Poscffic ad 8838 E. VALLEY BOULEVARD • P.O. BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 FAX (626) 307-9218 COUNCIL MEMORANDUM FROM: CITY MANAGER DATE: JULY 9, 2002 RE: REVISED CITY COUNCIL AGENDA ITEM VILA The Los Angeles County District Attorney's office had unintentionally provided City staff with the wrong treaty title included in Resolution No. 2002-30 during preparation of the report. Attached for your reference this evening is a revised resolution and staff report that reflects the correct title of the treaty. The actual title should read "Extradition Treaty", rather than " Treaty On Cooperation Between The United Mexican States And The United States Of America For Mutual Legal Assistance. Cc: Robert Kress Nancy Valderrama Don Wagner Scot Yotsuya TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD,CITY COUNCIL' FROM: BILL CR CITY MANAGER DATE: JULY 9, 2002 RE: RESOLUTION NO. 2002-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CALLING UPON THE PRESIDENT AND CONGRESS TO USE ALL DIPLOMATIC MEANS AVAILABLE TO PERSUADE MEXICO TO REVERSE ITS CURRENT EXTRADITION POLICY TOWARD THOSE ACCUSED OF CRIMES THAT MAY CARRY A LIFE IN PRISON OR DEATH PENALTY SENTENCE IN THE UNITED' , STATES This matter is being presented to you for consideration at the request of Councilwoman Margaret Clark. The attached resolution urges the President, the United States Senate and the House of Representatives to use all diplomatic means available to persuade Mexico to reverse its, current extradition policy toward those accused of crimes that may carry a life in prison or death penalty sentence in the United States. ; As you are aware, the fugitive responsible for the April 29, 2002, murder of Los Angeles County Sheriff Deputy David March is believed to have fled to Mexico to avoid prosecution. Evelio Zacarias, who fatally shot four victims in Rosemead in 1999, also fled to Mexico. Los Angeles County District Attorney Steve Cooley estimates that more . than 60 suspected killers from Los Angeles County alone are in Mexico, along with countless more individuals who are suspected of rape, child molestation, attempted murder, and other serious, violent crimes. It is increasingly evident that the "Extradition Treaty (1987)" between Mexico' and the United States, a copy of which is attached, must be modified to allow extradition of those committing these serious, violent crimes. RECOMMENDATION: If it is the Council's decision to take action on this item, it is recommended that the Council adopt Resolution No. 2002-30. . . COUNCIL AGENDA J U L 09 2002 ITEM No. RESOLUTION NO 2002-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CALLING UPON THE PRESIDENT AND CONGRESS TO USE ALL " DIPLOMATIC MEANS AVAILABLE TO PERSUADE MEXICO TO REVERSE ITS CURRENT EXTRADITION POLICY TOWARD THOSE ACCUSED OF CRIMES THAT MAY CARRY A LIFE IN PRISON OR DEATH SENTENCE PENALTY IN THE UNITED STATES WHEREAS, the Preamble to the United States Constitution lists providing for the "common defense" as one reason for forming our national government; and WHEREAS, the Constitution prohibits states and local governments from entering into treaties with foreign governments to protect their citizens and arrange extradition for criminals; and WHEREAS, the "Extradition Treaty" allows Mexico to refuse to extradite a fugitive if the United States courts charge the suspect with a capital offense, and now the Mexican Supreme Court has recently ruled that Mexico will not extradite criminals who face a life sentence in the United States; and WHEREAS, this restriction provides a safe haven for those who commit the most serious crimes, including murder and terrorist acts; and _ WHEREAS, any surviving conspirator who participated in the September 11`h attack on America would enjoy the protection provided by the Mexican courts; and WHEREAS, officials estimate that more than 60 suspected killers from Los"Angeles County alone are in Mexico, along with countless more individuals who are suspected of rape, child molestation, attempted murder, and other serious, violent crimes; and WHEREAS, the person responsible for the April 29,, 2002, murder of Los Angeles , County Sheriff Deputy David March is believed to have fled to Mexico to avoid prosecution; and WHEREAS, the existence of a Mexican safe haven for these most heinous criminals presents an enormous challenge for border states seeking to defend their citizens; and WHEREAS, the Attorney General from each of the 50 states has asked United States Attorney General John Ashcroft and United States Secretary of State Colin Powell to address this extradition issue with their counterparts in Mexico; and WHEREAS, the resolution of this issue is critical to defending our nation from enemies both foreign and domestic. NOW, THEREFORE BE IT RESOLVED: That the City Council of the City of Rosemead calls upon President George W. Bush, and Members of the United States Senate and the House of Representatives to use all diplomatic means at their disposal to insist that the "Extradition Treaty" be revised to resolve the critical issue of the extradition of those suspected of committing serious and violent crimes against people in the United States. The foregoing resolution was passed by the City Council of Rosemead this 9a' day of July, 2002. MAYOR ATTEST: CITY CLERK J'„" j 'I IV. CONSENT CALENDAR CC-A APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP 26446 - 7637-7641 GRAVES AVENUE CC-B EXTENSION OF AGREEMENT WITH MARIPOSA LANDSCAPES CC-C RENEWAL OF MEMBERSHIP IN THE SAN GABRIEL VALLEY COUNCIL OF . . GOVERNMENTS CC-D AUTHORIZATION TO REJECT CLAIMS AGAINST THE CITY FROM MICHAEL AND LINDA DUNLAP CC-E ANNUAL REPORT OF THE ROSEMEAD REDEVELOPMENT AGENCY FOR FISCAL YEAR 2000-01 CC-r AUTHORIZATION TO ATTEND ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE, OCTOBER 2-5,2002, LONG BEACH MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMAN TAYLOR that the Council approve the aforementioned items on the Consent Calendar. Vote resulted: Yes: Imperial, Taylor, Clark, Vasquez No: None Absent: Bruesch Abstain: None -_The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION AND ACTION - None VI. STATUS REPORTS - None. VH. MATTERS FROM OFFICIALS ~ RESOLUTION NO. 2002-30 - RELATIVE TO THE EXTRADITION OF CRIMINALS The following Resolution was presented to the Council for adoption: RESOLUTION NO. 2002-30 CCAIIN:7-09-02 Page a3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CALLING UPON THE PRESIDENT AND CONGRESS TO USE ALL DIPLOMATIC MEANS AVAILABLE TO PERSUADE MEXICO TO REVERSE ITS CURRENT EXTRADITION POLICY TOWARD THOSE ACCUSED OF CRIMES THAT MAY CARRY A LIFE IN PRISON OR DEATH PENALTY SENTENCE IN THE UNITED STATES Juan Nunez, 2702 Del Mar, Rosemead, agreed that this is a good Resolution and should be extended to other countries also. . Councilmember Clark stated that this resolution is being considered tonight because a Temple Station Deputy was murdered on April 29'" by a person from Mexico. That person had been deported three times and was being pulled over for a routine traffic stop. He then shot Deputy David March in cold blood, and fled to Mexico. Mexico will not extradite him to stand trial in the United States if the death penalty is sought. Ms. Clark stated that the Mexican Courts ruled recently that they will not extradite those accused of crimes that carry a life sentence either. Councilman Imperial stated that the problem is with both the Mexican.and Canadian borders Mr. Nunez stated that economic aide should be stopped-to-any county.that does not abide by the U.S. extradition policy. MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMEMBER CLARK that the Council adopt Resolution No. 2002-30. Vote resulted: Yes: Imperial, Taylor, Clark, Vasquez No: None Absent: Bruesch Abstain: None O' he Mayor declared said motion duly carried and so ordered. B. COUNCILMAN TAYLOR Referred to a memo that the Council received regarding Council's inquiry about rumors that the State Legislature may raise gas taxes or impose fees per miles driven. Mr. Taylor stated that the memo says that specific proposals and other similar ones have been strictly prohibited from being considered by the California Air Resources Board (CARB) through language contained in the legislation. Continuing, Mr. Taylor read that AB 1058 (Pavley) was reintroduced as AB 1493 (Pavley) and was approved by both the Assembly and Senate. The bill provides that CARB shall develop rules and regulations that lead in to the decreased emission of carbon dioxide by cars. These rules will. go into effect in 2006 and any changes to automobiles will apply to the 2009 model year. Mr. Taylor stated that the changing of bill numbers and attaching riders to them happens year after year. Mr. Taylor requested that staff continue to research this bill. CCMIN:7-09-02 Page #4