Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Jean

United States District Court, Third Circuit

August 22, 2013

IN THE MATTER OF THE EXTRADITION OF DIEUSEUL JEAN

OPINION

MARK FALK, Magistrate Judge.

Before the Court is the Government's application for the extradition of Dieuseul Jean ("Jean") to Canada pursuant to 18 U.S.C. § 3184[1] and the Extradition Treaty between the United States of America and Canada of December 3, 1971.

On January 17, 1996, the Director of Criminal and Penal Prosecutions of Quebec charged Jean with one count of murder, following which an arrest warrant was issued. Jean apparently fled Canada and relocated to the United States. For 17 years, Canadian and American authorities attempted to locate Jean. In early 2013, Jean was determined to be living in Irvington, New Jersey under an alias "Jean Gardy Mentor." On March 22, 2013, Jean was arrested pursuant to a provisional complaint and arrest warrant, and remains in the custody of the United States Marshal. The United States now makes this application for his extradition to Canada.

The Court has considered the papers in support of and in opposition to the request, and conducted a hearing on August 21, 2013. For the reasons set forth below, and those stated on the record during the extradition proceeding, the Government's application is GRANTED.

ALLEGATIONS[2]

Jean is charged with murdering Juthlande Pierre ("Pierre"), his ex-girlfriend, on or about December 25, 1995. Earlier in December 1995, Jean was prohibited by a Canadian Court from having contact with Pierre. Nonetheless, Jean was seen with Pierre from December 23, 1995 to December 25, 1995, when she was last seen alive. On December 24, 1995, Jean contacted a friend, Ainnan Ahmed Farhan ("Farhan"), about attending a party. Farhan picked up Jean and Pierre, drove them to the party, and eventually drove them home around 4:30 a.m.

The same morning, Marie Luce Alteme ("Alteme"), a friend of the victim, called Pierre's home. Jean answered the telephone and told Alteme that he had not seen Pierre. At approximately 1:00 p.m., the same day, Jean borrowed a hammer from Pierre's neighbor. He returned the hammer four hours later and was observed leaving Pierre's home in a blue General Motor's vehicle.

The next day, Jean went to the home of his cousin, Cadet Alourdes ("Alourdes"), and asked her to take care of his car because he feared that he would be arrested. He never returned to pick up the car. The same day, Jean attempted to pick up Pierre's daughter from Alteme's home where she was staying, but Alteme refused to give him the child. On December 29, 2005, Alourdes received a collect call from Jean from Newark, New Jersey, but she declined the charges and the call was disconnected.

On January 15, 1996, Pierre's landlord entered her home and noticed that the living room carpet had been nailed to the floor and that there were red stains beneath it. Canadian police were called to the premises to investigate. Shortly thereafter, Pierre's body was discovered in the basement, her body wrapped in a carpet beneath a pile of debris. An autopsy report later concluded that the probable cause of death was asphyxia by neck compression and that the victim had several knife wounds, including 7 penetrating marks and 13 cuts. The Homicide Unit investigating the scene, which included a forensic identification expert and a biologist, found a small purse on a table containing Jean's personal papers. They also found a wrist bracelet stained with blood that appeared similar to a bracelet worn by Jean in a photograph.

On January 17, 1996, Jean was charged with one count of murder and an arrest warrant was issued. On January 19, 1996, Canadian authorities obtained from a bus company in Montreal a receipt for a one way bus ticket, dated December 28, 1995, to Newark, New Jersey, in the name of Dieuseul Jean. For seventeen years, Canadian and American authorities searched for Jean without success.

In March 2013, Jean was identified as living in Irvington, New Jersey. Jean, using the alias Jean Gardy Mentor, submitted an application for U.S. Citizenship. Fingerprints taken in connection with that application resulted in a match in the system for Jean, wanted for murder in Montreal, Canada. On March 22, 2013, Jean was arrested pursuant to the provisional Complaint and Arrest warrant issued by this Court.

ANALYSIS

1. Extradition

Extradition proceedings are sui generis. See, e.g., In re Extradition of Kirby , 106 F.3d 855, 867 (9th Cir. 1996). Different from a criminal proceeding, an extradition hearing is considered "administrative in character" and is governed by statute and treaty. Id .; see 18 U.S.C. §§ 3181-84. The limited purpose of an extradition proceeding is generally to determine "whether there is probable cause to believe that the defendant is guilty of the crimes charged. If the evidence is sufficient, the court makes a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.