Free Order - District Court of California - California

Case 5:08-xr-90409-JW

Document 13

Filed 08/22/2008

Page 1 of 3

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) IN THE MATTER OF THE ) EXTRADITION OF PIERRE ANTOINE ) BATE, ) ) ) ) ___________________________________ ) Case No.: CR 08-90409 MISC JW (PVT) ORDER RE: BAIL

Pursuant to a request by the Government of the United Kingdom and the United States for the extradition of Pierre Antoine Bate to the United Kingdom, Mr. Bate was arrested and appeared in court for proceedings concerning his release on bail. (hereinafter "defendant Bate."). Specifically, the United Kingdom seeks the extradition of defendant Bate for violations of their statutes involving burglary with the intent to rape, indecent assault and burglary (violations of 9(1)(a) and 9(1)(b) of the Theft Act of 1968 and section 14(1) of the Sexual Offenses Act of 1956) and asserts that these are extraditable offenses under Article 2, Item 1, of the Extradition Treaty between the United States of America and the United Kingdom of Great Britain and Northern Ireland. On January 17, 2008, a District Judge in the Magistrate's Court in the City of Westminster, England issued a no bail arrest warrant for defendant Bate. In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing was held on August 20, 2008. Defendant Bate was present and represented by counsel, Cynthia Lie. On ORDER, page 1

Case 5:08-xr-90409-JW

Document 13

Filed 08/22/2008

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

behalf of the United Kingdom, the United States was represented by Assistant United States Attorney Philip J. Kearney. There is no presumption favoring bail in international extradition cases. In reviewing the record of defendant Bate, the court finds that he has a mostly petty but extensive prior criminal history involving burglary, theft, inflicting corporal injury on a spouse/cohabitant and driving under the influence of alcohol. In addition, the court finds that defendant Bate has an extensive history of failing to appear for court hearings. Accordingly, the court finds that the United States has shown by a preponderance of the evidence that no condition or combination of conditions will reasonably assure the appearance of defendant as required. The defendant is committed to the custody of the Attorney General or his designated representative for confinement in a corrections facility while he awaits extradition to the United Kingdom. The defendant shall be afforded a reasonable opportunity for private consultation with defense counsel. On order of a court of the United States or on the request of an attorney by the Government, the person in charge of the corrections facility shall deliver the defendant to the appropriate officials who are empowered to comply with the order of extradition to the United Kingdom. IT IS SO ORDERED. Dated: August 22, 2008 PATRICIA V. TRUMBULL United States Magistrate Judge

ORDER, page 2

Case 5:08-xr-90409-JW

Document 13

Filed 08/22/2008

Page 3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER, page 3