Free Declaration in Support - District Court of California - California

Case 3:08-xr-90417-JCS

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BARRY J. PORTMAN Federal Public Defender DANIEL P. BLANK Assistant Federal Public Defender 450 Golden Gate Avenue San Francisco, CA 94102 Telephone: (415) 436-7700 Counsel for Defendant SOSA CORDERO

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA IN THE MATTER OF THE ) ) ) ) ) ) No. CR 08-90417 MISC JCS DECLARATION OF DANIEL P. BLANK IN SUPPORT OF MOTION TO DISMISS

11 EXTRADITION OF ALFONSO 12 SOSA CORDERO 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Daniel P. Blank states as follows: 1.

I am an Assistant Federal Public Defender practicing in the Northern District of

California. I have been provisionally appointed to represent the defendant Mr. Alfonos Sosa Cordero in the above-captioned matter. I am informed and believe that the following facts are true. 2. Mr. Sosa Cordero is a Mexican citizen who has lived predominantly in the United

States, specifically in the Bay Area, since approximately 1984. Mr. Sosa Cordero has lawful immigration status here based upon a renewable 10-year business visa. Also living with him here are his wife and his two U.S. citizen daughters. Lately, Mr. Sosa Cordero has spent on average approximately 70 percent of each year at his home in San Rafael and approximately 30 percent of each year in Mexico, often staying at his father's home in Mexico City. For example, in 2007 Mr. Sosa Cordero visited Mexico several times in his capacity as trustee of the estate of his sister, who died that year. ///

DECLARATION OF DANIEL P. BLANK

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3.

On August 27, 2008, Mr. Sosa Cordero made his initial appearance in federal

magistrate court on a complaint for provisional arrest with a view toward extradition, having learned for the first time that a warrant for his arrest in Mexico issued on June 20, 2001, on the charge of attempted murder based upon alleged conduct on June 1, 2001. See Attachment A (Complaint). In all the times Mr. Sosa Cordero visited Mexico since 2001 there was never any indication of any outstanding warrant against him. 4. Mr. Sosa Cordero flatly denies the charge that he ever attempted to murder, or even

assaulted, the complaining witness or anyone else. The complaining witness is known to Mr. Sosa Cordero to be mentally ill, and has a long standing grudge against Mr. Sosa Cordero due to a failed business deal. In fact, Mr. Sosa Cordero was not even in Mexico on June 1, 2001. He was at home with his family in San Rafael, California, on that date. Mr. Sosa Cordero's wife specifically remembers that he was home then because they were preparing for their daughter's second birthday, which was just a few days later. Unfortunately it is not yet clear what other witnesses or records if any will still be available after the seven delay in prosecution to corroborate this claim. I DECLARE under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Signed and dated on the 29th of August, 2008, in San Francisco, California. ____________/S/__________________________

19 DANIEL P. BLANK 20 21 22 23 24 25 26

DECLARATION OF DANIEL P. BLANK

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Attachment A

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