DocketNumber: No. 29 89 07
Citation Numbers: 1990 Conn. Super. Ct. 3299
Judges: HODGSON, JUDGE
Filed Date: 10/23/1990
Status: Non-Precedential
Modified Date: 4/18/2021
The parties have stipulated that the petitioner plead guilty on December 8, 1989 to four counts of credit card theft, was sentenced to imprisonment for a total of four years, and that a charge of being a fugitive from justice based on a crime allegedly committed in Los Angeles was nolled on December 27, 1989. The petitioner's estimated release date is in June 1992.
On January 11, 1990 the Los Angeles Sheriff's Office sent to the warden of the state correctional facility at Niantic a certified copy of a felony warrant for Edward Smith III, identified him as having the same birth date as the petitioner, made a request for detainer, and requested that Connecticut inform the petitioner of the detainer and of his right to request a speedy trial of the charges in California. In his amended petition at paragraph 8, the petitioner alleges that the detainer was actually lodged on January 22, 1990.
On January 31, 1990, Connecticut prison officials presented the petitioner with a document, Exhibit A, notifying him of the receipt of the California detainer and advising him of his right to request a speedy trial on that charge. The petitioner refused to sign an acknowledgment of receipt of the notice and did not sign those portions of the form necessary for either a request for a speedy trial or for appointment of counsel to advise him on the matter. CT Page 3300
The petitioner moved for and was granted a dismissal of the Connecticut fugitive from justice charge on February 20, 1990.
On March 2, 1990, California sought temporary custody of the petitioner, who was brought before the court (Fracasse, J.) on May 1, 1990 and advised of his right to challenge extradition by filing a petition for a writ of habeas corpus. The parties have stipulated that the content of that advisement is not at issue.
The parties have further stipulated that the petitioner was approved for participation in a supervised home release program to begin February 1, 1990 but that he was ultimately denied participation because of the existence of the California detainer.
The Connecticut Supreme Court has ruled in Remick v. Lopes,
The petitioner has not briefed his initial claim that the dismissal of the charge of being a fugitive from justice precluded the State of California from filing a detainer and seeking temporary custody for prosecution of the charges. The court treats that argument as abandoned.
The gravamen of the petitioner's complaint is that because California did not comply with certain provisions of the Uniform Criminal Extradition Act at the time it filed the detainer and sought temporary custody, the detainer is invalid. Specifically, the petitioner objects that the detainer and request for temporary custody do not recite that he "was present in the demanding state at the time of the commission of the alleged crime, and that he thereafter fled from the state" and are not "authenticated by the executive authority making the demand", pursuant to
The interstate agreement on detainers (IAD) states at Article 1,
At Article III, the IAD provides that a prisoner be notified of the filing of a detainer by another state and given an opportunity to request a final disposition of the indictment on which the detainer is based. In the present case, the petitioner was notified of the California detainer twenty-one days after the retainer was sent to Connecticut authorities but only nine days CT Page 3301 after his petition alleges that the detainer was lodged. He declined to sign the documents necessary to trigger his removal to California for resolution of the charges. The petitioner's claimed failure to comprehend the consequences of requesting prompt disposition is not credible in view of the facts that 1) he declined to request counsel to advise him even though the documents concerning the detainer alerted him to that opportunity and 2) he took steps to have the fugitive from justice charge dismissed after having been advised of the detainer. The court finds that the petitioner was provided with timely notice of the detainer and simply chose not to exercise his right to avail himself of the provisions of Article III of the IAD in order to secure a speedy trial in California.
Having received no request by the petitioner for disposition of the charges, the California authorities on March 2, 1990 availed themselves of their option, pursuant to Article IV of the IAD, to request temporary custody of the petitioner, who filed this petition after having been advised by the court on May 1, 1990 of his right to challenge extradition.
In Cuyler v. Adams,
While a prisoner may voluntarily effectuate the purposes of the IAD by requesting transfer for trial in the demanding state after he is notified of the detainer, if the prisoner declines to do so, the IAD imposes no time limitation within which the demanding state must seek temporary custody via involuntary transfer of the prisoner.
As the Connecticut Supreme Court observed in Remick v. Lopes,
While the petitioner emphasizes the amount of time which elapsed between the arrest on the fugitive charge and his being brought before the court on May 1, 1990 to be advised of his rights upon extradition, his arguments ignore the facts that he was advised of the detainer within, at most, twenty-one days of its having been sent to Connecticut, and that he declined to request prompt resolution of the California charges when advised of his right to do so pursuant to Article III of the IAD.
The only time limitation identified in Article IV of the IAD, which governs transfers of Connecticut prisoners for trial in other states, is a thirty-day period after receipt of a request for temporary custody during which the governor may disapprove the request either upon his own motion or upon motion of the prisoner. In Furka v. Commissioner of Correction,
The court finds that the notice given to the petitioner of the receipt of the California detainer was reasonably prompt and that no other applicable time requirements have been violated.
Section
The petitioner claims that the request for temporary custody cannot be honored because it failed to comport with all provisions of the Uniform Criminal Extradition Act at 54-159 C.G.S. in that 1) the copy of the indictment was not "authenticated by the CT Page 3303 executive authority making the demand," and 2) that the demand did not include a written allegation "that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state."
The prohibition against extradition absent compliance with the requirements of
The respondent cites Furka v. Commissioner of Corrections, supra, as dispositive of the petitioner's claims. In fact, the courts in Furka were not engaged in a consideration of whether the provisions of
So far as this court has been able to determine, the courts of Connecticut have not had occasion to decide whether a request for temporary custody must comply with the cited requirements for extradition, however the Connecticut Supreme Court has ruled in Wentworth v. Bourbeau,
The court finds that the documents presented by California do not comport in full with
It is the judgment of this court that the respondent shall not extradite the petitioner or deliver him to the temporary custody of the State of California until such time as that state has made a request which fully complies with
All other relief sought by the petitioner is denied.
BEVERLY J. HODGSON, JUDGE