Appeal from an order entered in the District of Connecticut, Warren W. Eginton, District Judge, denying a petition for a writ of habeas corpus which sought to overturn a prior order entered in the District of Connecticut, T. F. Gilroy Daly, District Judge, which held appellant to be extraditable from the United States to Canada to face charges of conspiring to commit a murder and of procuring a murder. Affirmed.
Before Feinberg, Chief Judge, and Timbers and Meskill, Circuit Judges.
The essential issue on this appeal is whether appellant was properly ordered extradited from the United States to Canada to face charges of conspiring to commit a murder and of procuring a murder. We hold that he was.
Appellant Vincenzo Melia is a citizen of Italy and a resident of Connecticut. On May 16, 1981 he was arrested by FBI agents pursuant to an arrest warrant issued by a United States Magistrate in Connecticut. This warrant was issued pursuant to a formal request by Canada to the United States that Melia be extradited under the Treaty on Extradition between the United States and Canada, 27 U.S.T. 983, as amended March 22, 1976 ("the Treaty"). Canadian arrest warrants had charged Melia with conspiracy to murder or to have another murdered, and of counselling, procuring, or inciting another to murder.
At the extradition hearing, held on June 4 and 5 and July 2, 1981 in the District of Connecticut, T. F. Gilroy Daly, District Judge, the government presented evidence to show that Melia had conspired with others to murder a woman in Connecticut. In an opinion filed July 20, 1981, Judge Daly granted the extradition request.
Appellant then filed in the District of Connecticut a petition for a writ of habeas corpus to challenge the finding of extraditability. This was denied, Warren W. Eginton, District Judge, in an opinion filed July 31, 1981. From the order entered on this opinion, the instant appeal has been taken.
The government's evidence at the extradition hearing showed that Melia and others conspired between February 1 and February 23, 1981 to murder Helen Nafpliotis, the girlfriend of Melia's brother. At a meeting held in Toronto, Canada, Cosmo Commiso, head of a reputed organized crime family, hired Cecil Kirby (a/k/a Jack Ryan) to perform the murder. Kirby, as it turned out, was an informant for the Royal Canadian Mounted Police. He informed Canadian officials of the planned murder.
Antonio Romeo was to act as liaison between Commiso and Kirby. The latter went to the United States after the Toronto meeting. Bad weather prevented Romeo's flight from landing, as planned, in New York so that he could meet with Kirby in Darien, Connecticut. Kirby thereupon called Commiso from Connecticut. Shortly thereafter, Kirby received a telephone call from an unidentified man who informed him that the next meeting with Romeo and others would be that night, that is, February 21, 1981. Judge Daly found that Melia had called Commiso in Canada.
That evening, Kirby met Romeo and Melia at one of the rare bars in Darien. They gave Kirby expense money and $1000. Melia gave Kirby his telephone number. They discussed the details of the planned murder. Melia promised Kirby an additional $1000 if he made certain that Nafpliotis's body was not found. Nafpliotis was warned by the FBI and was not injured.