Resolution Number 02-11-19-02RESOLUTION NO. 02-11-19-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, SUPPORTING AND COMMENDING THE
CALIFORNIA STATE LEGISLATURE, THE CALIFORNIA CITIES
ASSOCIATION AND THE NATIONAL LEAGUE OF CITIES CALLING UPON
THE PRESIDENT AND CONGRESS TO USE ALL DIPLOMATIC MEANS
AVAILABLE TO PERSUADE MEXICO TO REVERSE ITS CURRENT
EXTRADITION POLICY TOWARD THOSE ACCUSED OF CRIMES THAT
MAY CARRY A LIFE IN PRISON OR DEATH SENTENCE PENALTY IN
THE UNITED STATES
WHEREAS, the Preamble to the United States Constitution lists providing for the
"common defense" as one reason for forming our national government; and,
WHEREAS, the Constitution prohibits states and local governments from
entering into treaties with foreign governments to protect their citizens and arrange
extradition for criminals; and,
WHEREAS, the "Extradition Treaty" (1980) allows Mexico to refuse to extradite a
fugitive if the United States courts charge the suspect with a capital offense, and now
the Mexico Supreme Court has recently ruled that Mexico will not extradite criminals
who face a life sentence in the United States; and,
WHEREAS, this restriction provides a safe haven for those who comit the most
serious crimes, including murder and terrorist acts; and,
WHEREAS, any surviving conspirator, determined to be a citizen of Mexico who
participated in the September 11th attack on America would enjoy the protection
provided by the Mexican courts; and,
WHEREAS, officials estimate that more than 60 suspected killers from Los
Angeles County alone are in Mexico, along with countless more individuals who are
suspected of rape, child molestation, attempted murder, and other serious, violent
crimes; and,
WHEREAS, the person responsible for the April 29, 2002, murder of Los
Angeles County Sheriff Deputy David March is believed to have fled to Mexico to avoid
prosecution; and,
WHEREAS, the existence of a Mexican safe haven for these most heinous
criminals presents an enormous challenge for border states seeking to defend their
citizens; and,
WHEREAS, the Attorney General from each of the 50 states has asked United
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States Attorney General John Ashcroft and United States Secretary of State Colin
Powell to address this extradition issue with their counterparts in Mexico; and,
WHEREAS, the resolution of this issue is critical to defending our nation from
enemies both foreign and domestic.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Juan Capistrano, does hereby adopt a resolution supporting and commending the
efforts of the California State Legislature, the California Cities Association, and the
National League of Cities, by adopting a resolution that "Calls Upon the President and
Congress to Use All Diplomatic Means Available to Persuade Mexico to Reverse Its
Current Extradition Policy Toward Those Accused of Crimes That May Carry a Life In
Prison or Death Sentence Penalty in the United States."
PASSED, APPROVED, AND ADOPTED this 191" day of November, 2002.
ATTEST:
L
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the
foregoing Resolution No. 02-11-19-02 was duly adopted by the City Council of the City of San Juan Capistrano at a
regular meeting thereof, held the 19th day of November 2002, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBEgS:
ABSENT:, COUNCIL MEMBERS:
Swerdlin, Gelff and Mayor Bathgate
None
�He and Campbell
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11-19-02