Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

BEUKES v. PIZZI

June 13, 1995

JOHANNES ALBERTUS BEUKES, Petitioner, against MICHAEL PIZZI, UNITED STATES MARSHAL, EASTERN DISTRICT OF NEW YORK, - and - CALVIN MORTON, WARDEN, METROPOLITAN DETENTION CENTER, Respondents.


The opinion of the court was delivered by: JOHN GLEESON

 JOHN GLEESON, United States District Judge:

 Background

 On April 1, 1984, in Knysna, in the Cape of Good Hope Provincial Division in the Republic of South Africa, the petitioner Johannes Albertus Beukes and two others set out to rob a fast food establishment. One of Beukes' accomplices had a handgun. He went into the store while the petitioner and the third man waited outside in Beukes' car. The owner went to the back of the premises, sent an employee to fetch the police, and then delayed the gun-toting robber. The police soon arrived. The robber killed one of the policemen, causing Beukes and the third robber in the getaway car to leave immediately. The robber with the gun was subsequently killed outside the store by other policemen. He was wearing Beukes' windbreaker, shoes and cap.

 Less than two hours later, Beukes was arrested and charged with murder and attempted robbery. He was released on bail, and stood trial from August 1, 1985 to August 9, 1985, when he was convicted and sentenced to a 10-year term of imprisonment for the murder and a five-year term (two of which were suspended on certain conditions) for the attempted robbery. The court recommended that the sentences run concurrently.

 Beukes fled to California, where, as he has put it, he "made a wrong turn when he got involved in several bank robberies." Petitioner's Brief in Opposition to Extradition, dated February 15, 1995, at 4. In fact, he was charged by federal authorities with participation in twelve robberies and one attempted robbery over the period from November 1988 through June 1989. He pleaded guilty to four of those offenses on August 10, 1989, and received a 78-month term of imprisonment.

 In May 1990, the Attorney General of the Cape of Good Hope Provincial Division of the Supreme Court of South Africa received word of Beukes' conviction in the United States, and immediately took steps to prepare an extradition request, which he compiled and signed on June 12, 1991.

 As Beukes' 78-month term of imprisonment for the California bank robberies neared its completion, the South African government requested a provisional arrest warrant, which was executed on February 3, 1995. On March 9, 1995, a formal extradition request was filed, seeking the extradition of Beukes for the exclusive purpose of requiring him to serve the sentence imposed in 1985.

 On April 3, 1995, the Hon. Alonzo P. Wilson, a United States Magistrate Judge in the Western District of Louisiana, held a hearing on the extradition request. Judge Wilson found the available evidence sufficient to sustain the request and granted the government's application pursuant to 18 U.S.C. § 3184 for the certification to the Secretary of State of Beukes' extraditability.

 On May 24, 1995, Beukes filed a petition for a writ of habeas corpus in the Western District of Oklahoma, where he was then incarcerated by the Bureau of Prisons. When Beukes was moved to the Metropolitan Detention Center in Brooklyn, New York, the petition was transferred to this Court.

 Although Beukes had been represented by counsel at his extradition hearing, he filed his petition pro se. Accordingly, on June 1, 1995, this Court appointed counsel, who has filed a memorandum in support of the petition. Oral argument was heard on June 12, 1995.

 For the reasons set forth below, the petition is denied. However, the delivery of Beukes to the South African authorities is stayed until 1:00 p.m. June 23, 1995, in order to allow him to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.