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Shift in laws breathes life into murder probes
By MARSHA DORGAN, Register Staff Writer
Monday, February 20, 2006 1:10 AM PST


Time may be running out for three Napa County murder suspects who authorities believe may be hiding out in their native Mexico.

In the past, extraditing Mexican nationals accused of murder was nearly impossible for United States law enforcement agencies. Because American courts can impose the death penalty or life in prison for those convicted of murder, Mexico has been among the nations that resist cooperation with American authorities.

However, recent legislation passed in California and a ruling issued by the Mexican Supreme Court have changed that significantly. The changes open the door for the possible extradition of Mexican nationals Nicolas Villalobos, Juan Jose Mendoza Hernandez and Antonio Camacho, all of whom are suspected of high-profile Napa crimes, according to Napa County District Attorney Gary Lieberstein.

An arrest warrant was issued for Villalobos soon after the shooting of Lenico "Lio" Pimienta, 50, just blocks from St. Helena's busy Main Street on July 22, 2004.

Hernandez is wanted for the Aug. 4, 2003, stabbing death of Manny Reyes, 28, a security guard at the Veterans Home of California in Yountville.

Investigators believe Camacho fled to his native Mexico after he gunned down Roberto Torres on Sept. 25, 2000, at a family party at the Napa Valley Expo. "To the best of our knowledge, all of the suspects are residing in Mexico," Lieberstein said.

Life in prison

Prior to an August 2005 ruling of the Mexican Supreme Court, the Mexican government would not extradite citizens if they were to face life in prison, which their courts considered cruel and unusual punishment, Lieberstein said.

"We had to stipulate we would not seek the death penalty or life in prison" in order to get cooperation from Mexican authorities, he said.

But Lieberstein said a Mexican Supreme Court case issued in November "found life prison terms are allowed by the Mexican Constitution, so foreign countries requesting extradition are not obliged to consider life in prison as cruel and unusual punishment," Lieberstein said.

However, Lieberstein said that Mexican authorities still refuse to extradite suspects who may face the death penalty in the United States. He said American law enforcement officials must sign an affidavit swearing they will not seek capital punishment in order to ensure the extradition of those suspects who might otherwise face execution.

Double jeopardy

Separately, a bill signed by Gov. Schwarzenegger, which took effect in January 2005, did away with "double jeopardy" in international cases. Previously, the California constitution said that the state would recognize all prosecutions in foreign countries. That meant if a defendant was tried in Mexico, found guilty and served his time, California prosecutors could not try him for the same crime.

Now, if a person is prosecuted or acquitted of a crime in the Mexican courts and returns to California, he may be prosecuted for the same crime under American criminal laws. "If they have served time for the crime in the Mexican prison system, they will be given credit for the time served," Lieberstein said.

The concept of being tried twice for the same crime, said Lieberstein, is "called double jeopardy. If the person was acquitted of the crime and returned to the United States, we couldn't touch him."

Under Article 4 of the Mexican Federal Penal Code, California was bound to recognize foreign convictions and acquittals of those tried in Mexico for crimes committed in the United States. California was one of only six states facing the requirement.

But Lieberstein said his office refused to submit to the requirement.

"Many Mexican nationals work in United States and go back and forth between here and Mexico. We believed we had more opportunity to arrest them when they returned to the states and prosecute them in our courts," he said.

In addition, he said Mexican courts offer no right to a jury trial, sometimes extend sentences beyond the set terms, and mete out comparatively light punishment for murder or crimes of domestic violence.

"As district attorney, I am the one who has to sign off on Article 4 extradition, and I am not willing to do that. It sets up a different punishment for Mexican nationals who make it to Mexico. The maximum punishment in Mexico is 60 years in prison. Rarely is that imposed. Many of those tried for murder in Mexico are sentenced to a maximum of 10 years or less. Someone who made it to Mexico could end up serving 10 years for a crime committed in the United States that carries a maximum of 25 years to life."

Under the law signed by Gov. Schwarzenegger, people prosecuted or acquitted of a crime in the Mexican courts also may be prosecuted for the same crime in the United States.

"If they have served time for the crime in the Mexican prison system, they will be given credit for the time served," Lieberstein said.

Long arm of the law

Local law enforcement agents say they hope to take advantage of the shifts to pursue men they believe committed violent crimes here.

Napa County Sheriff1s Capt. John Robertson said, "We will be meeting with the district attorney within the next three weeks to discuss these three homicide cases," Robertson said.

Acting St. Helena Police Chief Matt Talbott will also be at the meeting. "The passage of the law doing away with double jeopardy and the ruling of the Mexican Supreme Court on life in prison sentences certainly gives us more options when suspects flee the country," Talbott said. "The murder case of Leonico Pimienta has been solved. We just need to bring his killer to justice."

Said Lieberstein, "Our goal is to bring these suspects back and have them tried in Napa County where they committed the crimes, and that they receive the punishment that fits the crime," Lieberstein said.