Be careful what you ask for.
Raul Garcia-Gomez ran for his life to Mexico after allegedly killing one Denver cop and wounding a second.
Now, Denver District Attorney Mitch Morrissey, Denver police officials and U.S. Sens. Wayne Allard and Ken Salazar, among many, clamor for Mexico to return Garcia-Gomez to the United States for trial.
Writing to U.S. Secretary of State Condoleezza Rice, Allard called Garcia-Gomez’s extradition “a test of our nation’s ability to hold accountable illegal immigrants who commit crimes in the United States.”
Most folks want Garcia-Gomez tried here. More than anything, though, they want justice.
Justice in this case can’t be an eye for an eye. The Garcia-Gomez case may boil down to time and punishment, not crime and punishment.
The Mexican Supreme Court thinks it is unconstitutional to return Mexican citizens to countries where their offenses could get them a death sentence or a life sentence without parole.
On Tuesday, Salazar met with the attorneys general of the U.S. and Mexico to talk about the need to change that.
Negotiations will continue.
“We have time,” Morrissey’s spokeswoman said. “He’s in custody.”
In the past, Mexico has returned suspects in cop killings to face trial in the U.S. But it can be a years-long process.
Also, bartering Garcia-Gomez’s punishment in exchange for his return could prove very restrictive, said University of Denver law professor Ved Nanda.
In general, Nanda predicted, “U.S. officials would have to waive capital charges and agree to recommend parole eligibility, say after 25 years, to seek a Mexican national’s extradition.”
Even if those concessions can be negotiated quickly, Denver authorities need to take a long look at the “Article IV” process.
An Article IV lets Denver investigators make their case against Garcia-Gomez in writing to a Mexican judge. If the judge agrees, he sentences Garcia-Gomez to prison in Mexico.
Denver police and prosecutors believe they have a strong case against Garcia-Gomez. But if bringing him back to Denver means limiting his U.S. sentence to what he’d probably get if convicted in Mexico, people interested in holding Garcia-Gomez accountable have a tough call.
Colorado Attorney General John Suthers said the state has completed five Article IV cases in Mexico. All resulted in convictions.
“We’ve been relatively happy with the sentences,” Suthers said, citing an unpremeditated murder case that brought a 27-year prison term.
Rewarding Garcia-Gomez for running and his family for helping him run is wrong. At the same time, this case is at a point where people must distinguish between three hots and a cot, and hard time.
When he was district attorney in Adams County, Bob Grant used the Article IV system to win a conviction against a non-capital murderer who fled to Mexico.
“The guy got 23 or 24 years,” said Grant, now executive director of the Colorado District Attorney’s Council. “At first, I didn’t think that was sufficient. Then I started looking into what Mexican prisons are like.
“If you’re talking the day-by-day basic humanity of conditions, there’s no comparison between Mexico and the U.S. It’s hard to call Mexican prisons humane.”
Added Nanda: “Mistreatment of prisoners, inadequate sanitary facilities and the lack of trained guards are endemic.”
In a savage, but real, sense, that might make moot all the hand-wringing over the death penalty.
While it may not be anyone’s first choice, a successful Article IV case would actually foil Raul Garcia-Gomez’s flight. It would bring a dark retribution unavailable in any Colorado penitentiary.
As Grant explained bluntly:
“The life expectancy in a Mexican prison is not determined by the authorities.”
Jim Spencer’s column appears Monday, Wednesday and Friday. He can be reached at 303-820-1771 or jspencer@denverpost.com.
