Extradition of Brazilian National Accused of Killing Spouse Not Likely

According to authorities, it is likely that a Brazilian-born woman suspected of returning to her homeland after being accused of killing her husband in their northeast Ohio home will not be returned to the United States for trial.^[1]

Prosecutors allege that Claudia Hoerig, 42, fatally shot her husband, Karl Hoerig, 44, at their Newton Falls home, approximately 40 miles southeast of Cleveland, on March 12 and fled to Brazil immediately thereafter.^[2]

A federal warrant obtained by The U.S. Marshal Service charges Claudia Hoerig, a naturalized U.S. citizen since 1999, with unlawful flight to avoid prosecution.^[3]

Hoerig’s husband was a Southwest Airlines pilot who had formerly served in the Persian Gulf as an Air Force Reserve Major.^[4]

It was stated in an e-mail to the victim’s relatives from the U.S. ambassador to Brazil, Clifford Sobel, that Brazil has acknowledged Claudia Hoerig as a U.S. citizen, however, due to her status as a Brazilian national she will not be extradited to the U.S.^[5]

Sobel went on in the email to inform Paul Hoerig, the victim’s brother, that the U.S. is currently trying to negotiate a treaty with Brazil that would allow the extradition of their nationals to the United States.^[6] However, Sobel continued by noting that, ''Even if this change is made, it would almost certainly not be retroactive and would not affect your brother's alleged murderer.''^[7]

An extradition treaty was signed between the United States and Brazil on January 1, 1961.^[8] An additional protocol was signed on June 18, 1962 which outlined a laundry list of offenses for which extradition can be had, including such crimes as malicious wounding, bigamy, arson, piracy, malicious destruction of infrastructure, counterfeiting, embezzlement, larceny, fraud, bribery, bankruptcy fraud, drug trafficking, and smuggling, among many others.^[9] Both the extradition treaty and the additional protocol to the extradition treaty entered into force on December 17, 1964.

Although the treaty and protocol have been in force for over 30 years, it still bars extradition in the following circumstances:

• when the requested State is competent to prosecute the individual and it intends to exercise its own jurisdiction accordingly;
  
  
• when the individual is already being prosecuted by the requested State;
  
• when the prosecution is barred by the statute of limitations;
  
• when the individual would have to appear before an extraordinary tribunal or court in the requesting State;
  
• when the crime is purely military; or
  
• when the crime is of a political character.^[10]

In addition, the treaty does not require either country to extradite its own nationals.^[11] However, if the requested State’s Constitution or laws allow for the extradition to occur, then the executive authority may elect to do so.[12]

Federal criminal defense attorney, Douglas McNabb has written extensively on the topic of International Extradition. Some of his work on the subject may be found here.

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[1] Associated Press, Brazilian Suspect Likely Won’t Be Extradited to Ohio, Lancaster Eagle Gazette, Feb. 11, 2008 (available at http://www.lancastereaglegazette.com/apps/pbcs.dll/article?AID=/20080211/UPDATES01/80211003.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8]Treaty of Extradition Between The United States of America and The United States of Brazil, Jan. 13, 1961, U.S.-Braz., 15 U.S.T. 2093.
[9]Treaty Protocol to Treaty of Extradition Between The United States of America and The United States of Brazil, Jun. 18, 1962, U.S.-Braz., 15 U.S.T. 2112.
[10]Treaty of Extradition Between The United States of America and The United States of Brazil, Jan. 13, 1961, art. V, U.S.-Braz., 15 U.S.T. 2093.
[11]Id.
[12]Id.