NO APPEAL CONSIDERED
Assistant U.S. Attorney Ronald Johnson earlier indicated he might appeal the release order by U.S. Magistrate Judge Barry Kurren. But he said yesterday Kurren issued a "well-reasoned" written decision. Johnson said they were "looking at our options at this point."
Johnson could not be reached later for comment on Hart's remarks. Duane Chapman also could not be reached for comment.
Hart said they are "pursuing legal aspects with Mexican authorities and trying to see, what does Mexico want, to address this matter."
At the same time, they will also ask the federal government to reconsider honoring the Mexican government's request for the return of the three men because "we have strong arguments that extradition is probably wrong here."
He said what the Chapmans did in catching Luster would be "legal" if it had been done in the United States.
'FLAWED LEGAL ADVICE'
According to Hart, a Mexican police officer was with the Chapmans when they were taking Luster to the police station when the Chapmans and Luster were arrested by Mexican police. Duane Chapman posted bail of about $1,300 for his release.
But based on "flawed legal advice," Duane Chapman thought he could leave the country, forfeiting the bail, and there would be no further interest in him by the Mexican authorities, Hart said.
"What he's prepared to do is take responsibility for not having to stay around to face the charges," Hart said.
After his arrest in Mexico, Luster was brought back to the United States, where he is serving a 124-year prison term.
The Mexican government is seeking to have the three Chapmans returned to the country to face charges that lawyers say carry prison terms of six months to four years.
The extradition hearings could spill into next year.
The U.S. Attorney's Office here has until Oct. 16 to file papers in support of the extradition. The Chapmans have until Nov. 13 to file responses. A hearing is scheduled before Kurren on Nov. 16 to set the hearings on the extradition request.
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