Extradition from Mexico—Arthur March

A 77 year-old retired pharmacist living in Ajijic, Mexico has won the right to a hearing in Mexico as he contests his extradition from Mexico to Tennessee.^[1] Nashville, Tennessee prosecutors were hoping that Arthur March would surrender himself after they announced that he and his son are being charged with one count of conspiracy to commit first-degree murder and two counts of solicitation to commit first-degree murder.^[2]

According to one of Mr. March’s attorneys, a Mexican judge issued an order forbidding extradition without a hearing and that one of the elements in the hearing would be convincing the court that there would be a likelihood of conviction in Tennessee.^[3] That requirement could force Tennessee prosecutors to divulge some of the evidence against Mr. March, as well as some of the strategies they intend to use.^[4]

According to the extradition treaty between the United States, any request for extradition will be done through diplomatic channels;^[5] in other words, Tennessee prosecutors will prepare information and documents and then pass them along to federal authorities. Furthermore, the request must contain the following: a statement of the facts of the case; the text of the legal provisions describing the essential elements of the offense; the text of the legal provisions describing the punishment for the offense; the text of the legal provisions relating to the statute of limitations; and the facts and personal information of the person sought which will permit his identification.^[6] In addition, a certified copy of the arrest warrant issued by a judge, and enough evidence to justify the apprehension and commitment for trial in the requested country, are required.^[7]

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[1] Sheila Burke, Hearing May Delay Extradition of A. March, The Tennessean, Nov. 4, 2005, available here.
[2] Id.
[3] Id.
[4] Id.
[5] Extradition Treaty, May 4, 1978, U.S-Mex., art. 10, para. 1, 31 U.S.T. 5059.
[6] Id. art. 10, para. 2.
[7] Id. art. 10, para. 3.