Pubdate: Mon, 11 Feb 2002 Source: Newsweek (US) Copyright: 2002 Newsweek, Inc. Contact: http://www.msnbc.com/news/NW-front_Front.asp Details: http://www.mapinc.org/media/309 Author: Alan Zarembo, Newsweek International NO PLACE TO HIDE? Mexico Is Returning More Suspects To The United States Than Ever-But U.S. Prosecutors Are Still Fuming Michael Longo is a U.S. citizen. In late December, shortly after the bodies of his wife and three children turned up in Oregon, he flew to Cancun. He checked in to a thatched-roof beach hut in the low-key town of Tulum, told tourists he was a journalist and even attended a town meeting. Not long after the FBI plastered wanted posters of Longo along the coast and publicized the case on "America's Most Wanted"-a TV show available on cable in Mexico-a local turned him in. The next day the FBI flew Longo to Houston. AGUSTIN VAZQUEZ MENDOZA is Mexican. In 1994 he allegedly ordered the killing of a U.S. drug-enforcement officer in Glendale, Arizona. He, too, fled to Mexico. After a manhunt that cost the U.S. government more than $1 million, Mexican police arrested him in July 2000, and Arizona began extradition proceedings. At the time, the DEA chief said the arrest proved that the "DEA will pursue traffickers to the ends of the earth." Maybe. But last month a Mexican court denied the request of U.S. prosecutors to extradite Vazquez to Arizona for trial. But disappearing in Mexico has never been harder. Last year Mexico returned more than 100 U.S. fugitives, more than triple the number in 2000. Two men accused of murder on U.S. soil, both subject to the death penalty if convicted, both seeking refuge in Mexico. Taken together, their stories show how well the United States and Mexico have come to cooperate on bringing criminals to book-and how far they have to go. Mexico has long refused to extradite its own citizens who would potentially face the death penalty. But last fall the Mexican Supreme Court ruled that life in prison also violates the principle of the Mexican Constitution that all criminals can be rehabilitated. So while the year-old government of Vicente Fox now sends home wanted Americans at a record pace, returning Mexicans has become even more complicated. Hollywood has long portrayed the U.S. southern border as the gateway to freedom for criminals. U.S. citizens need only a birth certificate to board a plane to Mexico-and often no document at all to cross on foot or by car. Last fall U.S. officials worried that accomplices in the September 11 terrorist attacks would flee south. But disappearing in Mexico has never been harder. Last year Mexico returned more than 100 U.S. fugitives, more than triple the number in 2000. At least half are accused of murder. Other recent cases involve a man charged with threatening U.S. presidents over the Internet, an armored-car-company employee who stole $3.5 million and several spouses who absconded with their children in the middle of custody battles. Those Americans accused of capital crimes could take advantage of the Supreme Court ruling to challenge their returns, but few do. Longo, who had no lawyer in Mexico, forfeited his chance to see a judge and agreed to return voluntarily. More commonly, Mexico deports wanted Americans on immigration violations. Sending back Mexicans is another matter. At least 70 extradition requests-mostly for drug kingpins and murderers-are held up by the recent court ruling. The U.S. government is arguing its case, but the court's decision is a big obstacle. In the case of Vazquez, accused of killing the DEA agent, prosecutors may have to guarantee a sentence of no more than 60 years in prison, the maximum allowed in Mexico, if they expect to get him back. In the case of Mario Villanueva, a former state governor arrested last fall and charged with cocaine smuggling, U.S. prosecutors originally sought a life sentence. But in their extradition request last month, they scaled back the charges to avoid conflict with the Mexican ruling. Their efforts are complicated by the fact that Vazquez also faces charges in Mexico. Other U.S. prosecutors are unwilling to budge. Los Angeles District Attorney Steve Cooley made extradition a campaign issue in 2000, agreeing to rule out the death penalty in order to get fugitives back. It seemed to be paying off. Last fall Mexican police arrested a Mexican accused of murdering two teen-agers, and plans were underway to send him to Los Angeles. But then came the Supreme Court decision. Even if he wanted to rule out life-in-prison sentences, Cooley says, mandatory-sentencing laws in California would not allow him to do so. The court ruling, he said, threatens to turn Mexico into a refuge for criminals and set back its improving relationship with the United States. "Maybe these terrorist types will want to flee to Mexico to avoid extradition to the countries where they committed their crimes," he says. "What if Osama bin Laden shows up in Mexico tomorrow?" Good luck rehabilitating him. - --- MAP posted-by: Keith Brilhart