http://www.insidedenver.com/drmn/local/ ... 01,00.html

Mexico retreats on life-term issue
High court's ruling to allow extradition unlikely to affect cop-killing case
By Fernando Quintero, Rocky Mountain News
November 30, 2005

Mexico's highest court ruled Tuesday that criminals facing life in prison can be extradited, but the decision is not likely to affect accused Denver cop killer Raul Gomez-Garcia.

"We do not expect the ruling by the Mexican Supreme Court to have any impact on the Raul Gomez-Garcia case," said Denver District Attorney spokeswoman Lynn Kimbrough.

The DA's office has charged Gomez-Garcia with second-degree murder in the fatal shooting of Denver police officer Donnie Young on May 8 as Young worked off-duty at a baptismal party.

The DA would have sought the more severe charge of first-degree murder against Gomez-Garcia, but that charge carries the possibility of a death or life-imprisonment sentence, and until Tuesday, Mexico banned extradition of any criminal who faced life in prison without parole.

A 1978 U.S.-Mexico treaty already prevents extradition of suspects who could face the death penalty.

So Denver DA Mitch Morrissey reduced the charge against Gomez-Garcia to get around the ban and ensure that he would have to come back to Denver to face trial.

Gomez-Garcia faces up to 96 years in prison if convicted. He would be required to serve 75 percent of that time, or 72 years, before being eligible for parole.

In addition to the second-degree murder charge, Gomez-Garcia also is charged with attempted first-degree murder in the wounding of Young's partner that night, John "Jack" Bishop.

The Mexican court's decision to overturn the extradition ban comes a week after authorities there agreed to extradite Gomez-Garcia.

Still, Kimbrough said she did not expect the new ruling to be applied retroactively to existing cases such as Gomez-Garcia's.

Kimbrough said Morrissey was aware that the Mexican Supreme Court was reviewing its extradition policy through conversations with the local Mexican consul general.

"It comes as no surprise," she said. "This was certainly on his radar screen."

U.S. Rep. Bob Beauprez, R-Colorado, called the ruling "a victory for the United States justice system, as well as for victims and family members who deserve to see full justice served to those criminals who deserve it the most."

Beauprez was upset when the Denver DA was forced to reduce the lead charge against Gomez-Garcia, and introduced a bill in Congress that threatens to cut aid to countries that refuse to extradite suspected cop killers. President Bush recently signed a foreign aid bill that included Beauprez's provision.

Gomez-Garcia remains in a Mexican prison, where he has been since U.S. and Mexican authorities arrested him June 4 in rural Mexico after a near monthlong manhunt.

Gomez-Garcia has two more weeks to decide whether to appeal the extradition.



http://www.9news.com/acm_news.aspx?OSGN ... 89c01ca7bf

Mexican Supreme Court reverses extradition ruling
written by: Paola Farer Web Producer
reported by: Chris Vanderveen 9NEWS Reporter

Created: 11/29/2005 6:10 PM MST - Updated: 11/29/2005 8:00 PM MST

DENVER - A ruling Tuesday by the Mexican Supreme Court could ease the dispute over the extradition of murder suspects to the U.S.


The high court overturned a 2001 decision that barred suspects from being extradited if they faced life in prison without parole.

The issue drew a great deal of attention in Colorado after the man suspected of shooting and killing Denver Police Detective Donnie Young fled to Mexico. Last week, the Mexican government agreed to return the suspect, Raul Gomez-Garcia, to the United States to face trial on a charge of second-degree murder. Gomez-Garcia can appeal the ruling.

Denver District Attorney Mitch Morrissey reluctantly filed the second-degree murder charge in a case that would have likely resulted in a charge of first-degree murder if Gomez-Garcia was apprehended in the United States. A first-degree murder conviction results in a mandatory life sentence in Colorado

9News spoke with two people familiar with the case who don't believe the court's ruling will change the conditions of Gomez-Garcia's extradition. However they say, it could affect future cases. It's believed that there are more than 40 people wanted for murder in Colorado hiding out in Mexico.

This month, President Bush signed a foreign aid bill that includes a provision cutting aid to countries that refuse to extradite someone suspected of killing a police officer. The provision was sponsored by Rep. Bob Beauprez, R-CO, in response to the Gomez-Garcia case.




http://www.denverpost.com/search/ci_3263403

Mexico court eases extradition limits
The ruling allows suspects facing life in prison abroad to be extradited, but it still bars surrender of those facing the death penalty.
By
The Associated Press

Mexico City - Mexico's Supreme Court ruled Tuesday that suspects facing life in prison can be extradited, overturning a four-year ban that had prevented many of the country's most notorious criminals from being sent to the United States.

It was a ruling that might have spared Denver's district attorney some trouble bringing suspected cop killer Raul Gomez- Garcia back from Mexico, but a resolution in that case was reached last week.

A 1978 treaty with the United States allows Mexico to deny extradition if a person faces the death penalty - a restriction that still stands under Tuesday's ruling. But the ruling overturns a 2001 Supreme Court decision that blocked extradition of suspects facing life in prison without the possibility of parole.

Gomez-Garcia was apprehended in Mexico in June after being accused of killing Denver police Detective Donald Young. Denver District Attorney Mitch Morrissey brought second-degree murder charges against Gomez-Garcia because a first-degree charge could have blocked the extradition by allowing life imprisonment or the death penalty. With Denver assuring that his sentences would not be for life - but still substantial and perhaps consecutive - Gomez-Garcia's extradition was approved on Thanksgiving Day.

The change comes as no surprise, said Lynn Kimbrough, spokeswoman for Morrissey. She said he was aware that the Mexican Supreme Court was about to rule on the matter, and had spoken with the Mexican Consul General about it.

It's not clear that if the new criteria had been in effect at the time it would have changed the charges, she said.