Linn County prosecutor concerned about extradition trend

A prosecutor is concerned Linn County is becoming a 'sanctuary' for fugitives because 6th Judicial District judges are reluctant to accept pre-signed waivers of extradition for those on probation and parole from another state.

First Assistant Linn County Attorney Nick Maybanks said many of the fugitives arrested in Iowa on a warrant from other states are usually on probation or parole and have signed a waiver of extradition in the event they are arrested in another state.

Maybanks said it seems to be a 'trend' for defense lawyers to fight these waivers of extradition. They're asking judges to set bail for the person arrested and obtain a governor's warrant in which the governor of the other state has to ask the Iowa governor to extradite the defendant — a procedure that can take 90 days.

'I see this as a public safety issue because these wanted defendants are free in this community for a period of time, and it's not uncommon that they commit another offense or flee to another state,' Maybanks said.

He also pointed out that Iowa has to pay for housing these fugitives if they remain in an Iowa jail, waiting for a governor's warrant, as opposed to only a few weeks if their extradition is waived and they are returned to their home state.

RECENT EXAMPLES

As an example from two weeks ago, Blayze Harding, 24, of Hiawatha, was arrested on a probation violation for a theft conviction in Nebraska. A prosecutor asked the court to hold Harding without bail, believing Harding had a pre-signed waiver of extradition.

The defense attorney told the judge that Harding wasn't waiving extradition and asked for bail pending a governor's warrant. Sixth Judicial District Judge Sean McPartland set bail at $5,000, which Harding posted to remain free until the governor's warrant is signed.

After the hearing, Maybanks found out from the Iowa Department of Corrections that Harding, who had indeed signed a waiver, should have been held without bond, based on an agreement between states concerning probationers. Maybanks has asked the court to revoke Harding's release and hold him without bond pending the governor's warrant.

In March, Rakeem Leonard, 26, was arrested on an Illinois warrant for a parole violation of a firearms conviction. He did not waive extradition, and Judge Kevin McKeever set bail at $10,000 pending the governor's warrant.

Leonard asked for a hearing to get a lower bail, but Maybanks asked the court to take notice of Leonard's pre-signed waiver and that Illinois officials were asking Leonard be held without bail. Senior Judge Robert Sosalla granted the prosecutor's request for no bail pending the governor's warrant, which was served last Wednesday.

LINN POLICY CHANGE

Based on this trend, Maybanks said the Linn County Attorney's Office has started asking the court to hold fugitives without bail and rule that those on probation or parole have already waived extradition, meaning the other state can come pick them up as soon as possible.

Prosecutors, he said, will continue to look at each case and offense in deciding how they will be handled. But they will request no bond on felony offenses, on failures to appear on any charge, and in any case where the other state's probation or parole officials request the defendant be held without bond or make no request.

The prosecutors may be open to bail, he said, if the defendant is wanted for a minor offense, if the charging state isn't opposed to bail and if the defendant has substantial ties to this community.

DEFENSE VIEW

Linn County Public Defender Brian Sissel said he is aware of the county attorneys' stance on this issue. But he argues that setting no bail is unconstitutional, adding defense attorneys believe pre-signed waivers are not valid in Iowa.

Sissel said bail, an Eighth Amendment right, is intended to ensure a defendant's presence for future court proceedings, as well as the safety of the community.

'A blanket rule runs contrary to both ideals,' Sissel said. 'No bond provision is just another measure to coerce the accused to acquiesce.'

OTHER COUNTIES

Johnson County, which is also in the 6th Judicial District with the same judges as Linn, doesn't seem to deal with pre-signed waivers as much.

Johnson County Attorney Janet Lyness said last week that her office is only seeing a few such cases each month. If fugitives have a pre-signed waiver from another state, they usually don't fight extradition, she said.

Johnson County Chief Public Defender Peter Persaud agreed, saying most offenders waive extradition, but those who fight it will request bail.

'Typically, judges in Johnson will not extradite someone based solely on pre-signed waivers,' he said.

Black Hawk County Attorney Brian Williams said, as far as he knows, the judges in the 1st Judicial District accept pre-signed waivers from another state and that those defendants are usually held without bail.

Assistant Polk County Attorney Linda Zanders said if the prosecutors can show there is a pre-signed waiver, the 5th District judges accept it, and they don't have to go through the process of obtaining a governor's warrant. The office also has a policy to ask the court to hold the defendant without bail pending extradition.

In her experience, most states include a waiver of extradition with the probation or parole agreements defendants sign. She noted the office views the issue as if a defendant walks away from one jurisdiction, he or she will likely do it again.

Chief Judge Patrick Grady declined to comment last week about this issue but did say he was going to discuss it with the other judges.

l Comments: (319) 398-8318; trish.mehaffey@thegazette.com