Aristide's ex-security chief faces drug charge

[Freddie Stubbs]

An official during the Aristide administration is accused of trafficking cocaine and appears in Miami federal court.

BY LARRY LEBOWITZ

[email protected]


AND NANCY SAN MARTIN

A former security chief for ousted Haitian President Jean-Bertrand Aristide appeared in Miami federal court Monday on a cocaine smuggling case that highlighted U.S. complaints the Aristide government was soft on traffickers.

Oriel Jean, 39, is the highest-level Haitian official to be implicated in narcotics trafficking since the mid-1990s, when the nation was run by anti-Aristide military and police officers.

Jean, who was extradited from Canada last week, is charged with one count of conspiracy to traffic cocaine. He will be held without bond at the Federal Detention Center in Miami and could seek bond at a later date.

''This is a high-level official who used his position and authority to allow drug trafficking,'' said Joe Kilmer, a spokesman for the U.S. Drug Enforcement Administration.

more: http://www.miami.com/mld/miamiherald/8253734.htm

[eablair3]

1. how did this guy get extradited to Miami?

Why Miami?

Why not Washington DC? Why not New York City? Boston?

They just happen to choose to "extradite" this guy to right-wing Cuba Miami? I guess there are many advantages to having this guy in Miami.

This is worse than the KGB ever was, imho.

[Freddie Stubbs]

2. Perhaps becasue it's the closest major US city with a federal prosecutor

That is the same place the sent Noriega.

[AP]

4. Closest city to Canada (which is where he was)?

[Freddie Stubbs]

9. Closest to where the alleged crime was committed

Rule 18. Place of Prosecution and Trial

Unless a statute or these rules permit otherwise, the government must prosecute an offense in a district where the offense was committed. The court must set the place of trial within the district with due regard for the convenience of the defendant and the witnesses, and the prompt administration of justice.

http://www.law.cornell.edu/rules/frcrmp/Rule18.htm

I am sure that if this guy's lawyers think that the venue will be biased, they will try to get it moved.

[AP]

10. Rule 18. I know. I posted that below. But that rule doesn't say that.

It says venue is the district within which the crime takes place. And withint that district, it's in the trial court most convenient for defendant's witnesses.

Haiti isn't within the southern district of florida. So that rule doesn't apply. The spirit of the second part applies. So is there a rule which says that if the alleged crime took place outside ANY district, venue is in the court most convenient for defendant's witnesses???

[Freddie Stubbs]

11. If the venue is inconvient to his witnesses, I'm sure that his lawyers

will try to get the venue changed. This is only the arraignment.

[AP]

12. All I want to know is the rule that says

where venue should be when the crime occurs outside the US.

This rule tells you what happens when the crime occurs within the US.

I'm sure that the rule reflects the spirit of the second part of Rule 18, but I'd like to see it in writing nonetheless.

Change of venue is ALWAYS available to either party. But venue is something you always have to argue just to initiate a proceeding (even just the arraignment), and I'm curious how you determine venue when the crime occurred out of the country.

[ZR2]

5. Federal Court rules

require the trial to take place at the point closest to where the alleged activity took place.

[AP]

6. Do you know which rule that is?

I could only find this FRCP:

Obviously, FL is the most convenient place for the defendant in this case, and I assume there's a statute that says you go to the closest court to the place where overseas offenses take place. I'm just curious about the precise authority.

I'd love to see if there's an argument which could be made under the statute for removal to, for example, NYC.

V. VENUE > Rule 18.
Rule 18. Place of Prosecution and Trial

Unless a statute or these rules permit otherwise, the government must prosecute an offense in a district where the offense was committed. The court must set the place of trial within the district with due regard for the convenience of the defendant and the witnesses, and the prompt administration of justice.

(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 29, 2002, eff. Dec. 1, 2002.)

[ZR2]

7. That is the rule right there.

Since this alleged offense took place outside the US, he would be taken to the district closest to Haiti, which is the Florida Southern District, Miami division.

[AP]

8. I guess the second part can be read that way, but the offenses

didn't take place in the SFL district.

There might be more flights from Haiti to NYC than to Miami, which would make SDNY more convenient per the second part of that rule.

[eablair3]

13. How about JOHN WALKER LINDH?

the rule at that time was that the court that acquired jurisdiction was the court of the District that the defendant first landed in when brought to the U.S.

In Lindh's case, they wanted it in Virgina, site of attack on the Pentagon. They just made sure that when he first touched down in the U.S. that it was in Virginia --probably at Dulles or a local miltary airport?

If the rule was that it was the district closet to where the crime took place, Lindh would not have been tried in Wash DC/Virginia. A simple look at a globe I have shows that NYC, Boston, Honolulu are all closer to Afganhistan than Wash DC.

I believe they get to choose which district they want the defendant tried in by working out where he first touches down in the U.S. The fact that they likely brought him to Miami first is a little interesting to me.

[AP]

14. That's the information I'm looking for.

It looks like there's a lot of prosecutorial discretion in the event that the crime takes place outside the US.

[seemslikeadream]

3. Aristide's ex-aide denied bail in drug case

By Ann W. O'Neill
and Alva James-Johnson Staff Writers
Posted March 23 2004

The former security chief of ousted Haitian President Jean-Bertrand Aristide appeared briefly Monday before a U.S. magistrate in Miami on charges of drug trafficking.

Oriel Jean, 39, was accompanied by his lawyer, David Rabin. He was ordered held without bail by U.S. Magistrate Robert L. Dube and will return to court next week to answer a charge of conspiring to import cocaine into the United States.


Jean was detained last week when he arrived in Toronto for a visit from the Dominican Republic. He waived his extradition from Toronto and arrived Friday in Miami, where he was taken into custody.

Jean's arrest raises questions about the extent Aristide's government may have been involved in drug trafficking.

http://www.sun-sentinel.com/news/local/palmbeach/sfl-pcoriel23mar23,0,6435529.story?coll=sfla-news-palm