NY will help Serbians prosecute former US student

Wednesday, April 01, 2009
By ANICK JESDANUN, AP Technology Writer

BINGHAMTON, N.Y.

An upstate New York prosecutor said Wednesday he will help Serbian authorities in the trial of a former Binghamton University basketball player who fled the U.S. after he was charged with beating a classmate.

Broome County District Attorney Gerald Mollen had previously insisted that Miladin Kovacevic be returned to the U.S. to stand trial for the assault.

Speaking at a news conference, Mollen said he instead would turn over evidence requested by prosecutors in Belgrade.

"I felt they would do everything within their power, within their legal system, to try to bring this man to justice and that altered my thinking to some extent," Mollen said.

Kovacevic, 22, fled to his native Serbia in June, three days after a Serbian diplomat paid his $100,000 bail. The Serbian Consulate also provided Kovacevic with travel documents that allowed him to get out of the country, officials said.

The 6-foot-9, 260-pound Kovacevic was charged with felony assault in the May 4 near-fatal beating of Bryan Steinhauer in a downtown Binghamton bar. Steinhauer, a a 5-foot-9 Binghamton University senior, was in a coma for months with head injuries.

Steinhauer, now 22, is home from the hospital and undergoing extensive rehabilitation. Last month, he and his parents filed a lawsuit seeking unspecified damages from the owners and managers of two bars they claim served alcohol to Kovacevic when he was younger than 21.

Mollen said his decision was the result of discussions with the Steinhauer family, Serbian government representatives and the U.S. State and Justice departments.

In exchange for his cooperation, Mollen said the Serbian government agreed to pay the Steinhauer family $900,000 for medical expenses, and in recognition that Serbian government officials helped Kovacevic escape. Mollen said the family received the money March 12, and the next day he met with a Serbian prosecutor in Washington, D.C.

Mollen said he was impressed with the Serbian prosecution's qualifications and was convinced that a Serbian trial is the best chance to bring Kovacevic to justice.

Mollen said evidence generated by Binghamton police and his office will likely be supplied to Serbian prosecutors as sworn written testimony and videotapes.

Although no trial date is set, the process will begin immediately, Mollen said. Kovacevic faces a little less than 10 years in prison if convicted in Serbian court. That's less than the maximum penalty of up to 25 years he could have received if convicted of felony assault charges in New York.

The Serbian prosecution doesn't change Kovacevic's pending charges in New York, Mollen said. If U.S. authorities can get him, Kovacevic would be sent to Broome County for trial, Mollen said.

The Serbian consul general and his deputy are also being prosecuted in Serbia as part of the Kovacevic case, Mollen said. Both men face up to a year in prison if convicted.

The case has strained relations between the U.S. and Serbia. Washington has insisted on a U.S. trial for Kovacevic, but Serbia says its laws ban extradition.

The Serbian government welcomed the news, saying the handing over of the case to Belgrade represents a sign that the American judiciary trusts Serbian courts in dealing with the case.

The U.S. embassy in Belgrade also welcomed the development.

"We also welcome the willingness of the government of Serbia to pay compensation to the Steinhauer family to help them cope with the consequences of the brutal attack on Bryan Steinhauer," the U.S. embassy statement said.

Two other two men accused in the beating face felony assault charges. Sanel Softic, 22, of Binghamton, and Edin Dzubur, 24, of Johnson City, remain on electronic monitoring pending resolution of their cases.

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