In re Extradition

ORDER DENYING EXTRADITEE’S MOTION TO EXCLUDE EVIDENCE, MOTION FOR FRANKS HEARING, MOTION TO ALLOW EVIDENCE, MOTION FOR DISCOVERY AND DENYING THE USA’S MOTION TO DISALLOW EVIDENCE AND PREVIOUS MOTIONS

Statement of Facts:

On August 7, 1997, at approximately 10:10 p.m., Extraditee Angela Powell (hereafter “Powell”) and a male companion, Andre Peart (hereafter “Peart”) entered the U.S. from Mexico via San Ysidro. They were the sole occupants in a 1992 BMW belonging to Alfons Sehreiber of Chula Vista, California. Peart was the driver and Powell was the sole passenger.

When the car reached the primary inspection area, Inspector Mynatt asked Peart for identification. When Peart was unable to produce identification, he was referred to the secondary inspection area. Once in the secondary area, Peart was asked to turn off the engine and give the keys to Mynatt. Instead of complying, Peart hesitated, punched the accelerator and reached for the gear shift lever. Mynatt removed Peart’s hand from the gear shift lever and ordered Peart from the vehicle several times. During this incident, Peart reached towards his waistband. Once Peart was out of the car, he was patted down and a .25 caliber…