Extradition from Cyprus to the United States - Yazeed Essa

Yazeed Essa, an Ohio emergency room physician accused of fatally poisoning his wife with cyanide in 2005, has lost his extradition appeal to Cyprus’ Supreme Court.^[1] Essa, a U.S. citizen, disappeared before he was indicted on aggravated murder charges in Cuyahoga County, Ohio. He alledgedly traveled to Syria, Greece and Lebanon before being arrested in Cyprus while trying to clear customs, and has been in custody on the Mediterranean island for the past year.^[2] Essa faces life imprisonment with eligibility for parole after twenty years served.^[3]

In June, a Cypriot district court approved a request from U.S. prosecutors to extradite Essa.^[4] Essa argued that his extradition should be denied on the basis that he could be charged and convicted on the federal level of the same charges he faces in Ohio, and thus could receive the death penalty; Cypriot law bans the extradition of suspects who face capital punishment.^[5] In addition, Essa argued state prosecutors could amend the charges against him in light of the indictments of his brother and sisters, who are charged with theft of over $2.4 million from Essa and his wife’s estate, to make him eligible for capital punishment under Ohio law.^[6]

Judge Takis Eliades characterized both of Essa’s arguments as groundless, and saw no reason to justify why Essa’s case would be transferred from state court in Ohio to federal court.^[7] Essa’s attorneys plan to challenge Eliades’ decision before a larger panel of Cyprus’ Supreme Court.^[8]

State Law - Aggravated Murder (Ohio)

A person commits aggravated murder if that person purposely, and with prior calculation and design, cause the death of another or the unlawful termination of another’s pregnancy.^[9]

Such a crime is punishable death or life in prison, unless an aggravating element is missing.^[10] Such aggravating elements include, among others: the victim was the President of the United States or a person in the line of succession, the victim was a law enforcement officer, murder for hire, the murder was committed to escape detection, apprehension, trial, or punishment for another offense or the murder was committed at large after breaking detention.^[11]

If one or more of these aggravating elements is missing, the punishment ranges from life imprisonment without parole, to life imprisonment with parole eligibility after twenty, twenty-five or thirty years served.^[12]

Federal Law - Murder

Under 18 U.S.C. § 1111, murder is the unlawful killing of a human being with malice aforethought.^[13] First degree murders include murders:

• perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing
• committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery
• perpetrated as part of a pattern or practice of assault or torture against a child or children
• perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed.^[14]

All other murders are second degree murders.^[15] First degree murder is punishable by death sentence or life imprisonment.^[16] Second degree murder is punishable by imprisonment of a term of years, with a maximum of life.^[17]

Extradition from Cyprus to the United States

Extradition from Cyprus to the United States is governed by the bilateral treaty of 1999.^[18] It is a dual-criminality treaty, stating that extraditable offenses are both those offenses punishable under the laws in both Contracting States by deprivation of liberty for a period of more than one year or by a more severe penalty, as well as conspiracy to commit an extraditable offense.^[19] The treaty also states that when the offense for which extradition is sought is punishable by death under the laws in the Requesting State and is not punishable by death under the laws in the Requested State, the Requested State may refuse extradition unless the Requesting State, if so requested, provides assurances that the death penalty, if imposed, will not be carried out.^[20]

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^[1] AP Staff, Doctor fighting extradition to Ohio loses Supreme Court Appeal, Associated Press Newswire, October 12, 2007, available at LEXIS, News Library, Wire News Services.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Ohio Rev. Code Ann. § 2903.01
^[10] Ohio Rev. Code Ann. § 2929.02(A)
^[11] Ohio Rev. Code Ann. § 2929.04(A)
^[12] Ohio Rev. Code Ann. § 2929.03(A)(1)(a)-(d)
^[13] 18 U.S.C. § 1111(a)
^[14] Id. (emphasis added)
^[15] Id.
^[16] Id.
^[17] Id.
^[18] Extradition Treaty between the Government of the United States of America and the Government of the Republic of Cyprus S. Treaty Doc. 105-16, 1996 U.S.T. LEXIS 50.
^[19] Id. at Art. 2.
^[20] Id. at Art. 6.