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National Latino Peace Officers Association
San Diego Marriott Hotel
Friday, November 15, 2002Remarks By District Attorney Steve Cooley
The timing of my remarks today is most appropriate, as is the location here in San Diego -- close to our border with Mexico.
This is because I am going to discuss with you a serious law enforcement problem involving our neighbor to the south. It is a problem that you – both as individuals and as an organization -- can take a leadership role in confronting.
The theme and goal of this conference are important -- developing leadership skills. Well, let me present you with a challenge that requires real leadership.
Until October 2, 2001, American prosecutors were able to extradite many criminals from Mexico if they were willing to waive the death penalty. On that date, the Mexican Supreme Court ruled that the goal of the penal law in Mexico is "rehabilitation." They then concluded that even "a life sentence violates the Mexican constitution" and would cause the Mexican government to refuse to extradite.
This decision effectively bars extradition for murderers and other serious violent criminals who flee to Mexico from the United States, unless promises are made for a determinate prison term.
Although the Mexican Constitution provides for the death penalty in certain cases, that punishment has not been implemented since the 1950s.
Mexico now seeks to impose its standards on the United States by requiring a waiver not only of the death penalty but also of any life sentence, including life sentences with a possibility of parole.
Last February, I raised this problem with Attorney General John Ashcroft. He endorsed my proposal to create a small working group composed of federal officials, district attorneys, and state attorneys general to develop a coordinated strategy on this problem. To my knowledge, he has yet to do so.
Frankly, we have seen no progress at the federal level. The silence has been most discouraging. But, we are not giving up.
Let me put a human face on this issue by discussing just four cases in Los Angeles County that clearly illustrate the problem:
The Zavala family. A 15-year-old daughter, Jessica, and a 17-year-old niece, Olivia Mungia, were gunned down on their way to school, victims of a jilted boyfriend. The killer, Juan Manuel Casillas – former boyfriend of Olivia fled to Mexico. The family of the victims begged my predecessor as District Attorney to waive the death penalty so that Casillas could be extradited. He refused and extradition was denied.
When I became District Attorney, I waived the death penalty in this case. Then the Mexican Supreme Court came out with its ruling requiring a guarantee of not even a possible life sentence.
We are informed that Casillas is currently being tried in Mexico with a trial court decision due in later this month. The trial has taken six months. Historically few fugitives have been actually tried or even apprehended in Mexico. Those who have been prosecuted have received wholly inadequate sentences that were frequently reversed or reduced on appeal. The Zavala family continues to suffer.
The March family. Los Angeles Sheriff’s Deputy David March was killed during a traffic stop. The alleged killer, Armando Garcia, had been deported three times and was a convicted methamphetamine dealer and weapons violator. At the time of the traffic stop, Garcia was wanted on two counts of attempted murder. He made it to Mexico within 24 hours. As far as we know, he is at large in Mexico. The March family continues to suffer.
The Morales family. Steven Morales, age 12, the victim of a drive-by shooting, was gunned down in front of his mother. As he dove for cover, he tried to pull another child out of harm’s way. Steven’s alleged killer, Alvaro Jara, is at large in Mexico. The Morales family continues to suffer.
The Vara family. Annabella Vara was stalked by her ex-husband, Daniel Perez. Annabella was shot in the back of her head by Daniel and miraculously survived. Daniel Perez was arrested and released on one million dollars bail. The day that Annabella testified in court, Daniel Perez broke into her family’s home and killed Annabella’s father. Perez then fled to Mexico and is still at large. The Vara family continues to suffer.
I recently met with these families to reassure them that we are continuing our quest to achieve a change in Mexico’s unjust extradition policies.
These true stories reveal the injustice that is being imposed on a sovereign nation and a sovereign state by the capricious actions of the Mexican Supreme Court. By judicial whim, that court has made Mexico a haven for the worst of the worst. It is a decision that predictably will make Mexico a magnet for terrible criminals including terrorists.
The attorneys general of 50 states, the district attorneys of all 58 California counties, the California State Assembly and the California congressional delegation have urged the U.S. Department of Justice and the State Department to take action on this urgent issue.
Los Angeles County Deputy District Attorney Jan Maurizi, a director of our Bureau of Branch and Area Operations, has been working tirelessly on this matter since last year. Our office is creating a web site so that concerned agencies and others can receive updates on cases involving fugitives who are enjoying the solace and comfort of the protection provided by the Mexican Supreme Court. The stories of their victims will also be available on the site along with sample letters of support. Jan will be addressing you tomorrow on this same subject in much more detail than I am giving you today. She will provide concrete steps that you can take to address these issues.
I am here today simply to urge you -- as an organization and in your individual communities – to get behind this effort to achieve change in the Mexican government’s feckless attitude toward fugitive criminals.
This is not a white/brown issue. This is a justice issue. In our experience in Los Angeles, most of the victims are Latinos. This escape hatch south of the border is also a direct threat to law enforcement officers, as we saw in the murder of Deputy Sheriff David March.
If a criminal can avoid any punishment by merely driving south for two hours after executing an arresting officer -- why not? You in this room should have a special and legitimate reason to seek the change that we are proposing.
I urge you to contact your senators, your congressmen and congresswomen, your state legislators, your district attorneys, and other local officials to urge action in Washington, D.C. with specific focus on Attorney General John Ashcroft.
You have a unique opportunity to raise your powerful voice and say that the National Latino Peace Officers Association does not want the nation of Mexico to be a safe haven for the very worst criminals who have committed their terrible crimes in U.S.-based jurisdictions.
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