Extradition from Ireland—Kidnapping

Representatives of an Irish couple have told the High Court in Ireland that they will “strenuously” fight extradition to the United States.^[1] Timothy and Ethel Blake are accused of kidnapping their nine-year-old grandson Dylan Benwell from his mother who lives in Illinois.^[2] An indictment in Illinois alleges that the Blakes took their grandson back to Ireland in July of 2004 after visiting their daughter Serena Benwell, and her husband, John Benwell, in Winthrop Harbor, Illinois, which is near the Illinois-Wisconsin border.^[3] According to Illinois police investigators, the abduction was well-planned and involved forged documents, disguises, and double airline bookings.^[4] Mrs. Benwell has stated that the Blakes were obsessed with Dylan and that they are emotionally unstable—she only allowed them to visit, she claims, because Mr. Blake told her he was dying of cancer and wanted to make amends.^[5] The Blakes, who cared for Dylan after his natural father died, have countered by saying that Dylan had been abused.^[6]

The extradition treaty between the United States and Ireland states that an offense is extraditable if it is punishable under the laws of both nations for a period of more than one year.^[7] Aggravated kidnapping is a Class X felony in Illinois,^[8] which is punishable by more than a year of imprisonment. Kidnapping is also a crime in Ireland,^[9] which is punishable by more than a year of prison.

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[1] ‘Child Kidnap’ Couple to Fight US Extradition Request, The Corksman, Oct. 11, 2005, available here. (registration required)
[2] Id.
[3] Roy O’Hanlon, News Briefs: Grandparents Facing Extradition, Irish Echo Online, Oct. 5, 2005, available here.
[4] Id.
[5] Id.
[6] Id.
[7] Extradition Treaty, Jul. 13, 1983, U.S.-Ir., art. II, para. 1, S. Treaty Doc. No. 98-19 (1984).
[8] 720 Ill. Comp. Stat. 5/10-2 (2005).
[9] Non-Fatal Offences Against the Person Act, Section 17 (1997).