Case Issuance & Extradition Division
In 2009, the Case Issuance and Extradition Division was managed by Division Chief Terri Wyatt, Assistant Chief Susan Gust, Legal Support Manager Debbie Lee and Paralegal Supervisor Doris Hollins. The division is comprised of the following four units:
Domestic and International Extraditions - Felony Issuing & Priors Unit
- Lifer Unit
- DA Liaison Unit
Domestic and International Extraditions
The Extraditions Unit is responsible for office-wide efforts to return fugitive defendants from other states and foreign countries to San Diego. It also works on cases involving fugitives located in San Diego who face extradition to other states. In 2009, the unit extradited 71 defendants from other states back to San Diego and handled 181 hearings for the extradition of fugitives from San Diego to other states. The unit successfully extradited three offenders from other countries, two Mexican nationals from Mexico and one American citizen from Belgium.
High-Profile Cases handled by the Extraditions Unit in 2009 included:
- Between January and March 2009, fugitive Mark Kaczmarzyk was located
in Taiwan. He was transported back to San Diego to stand trial for the
serious child abuse of five small children. Kaczmarzyk and his
co-defendant/wife were day-care operators, caring for these five toddlers.
- Jared Yaffe was returned from Brazil and was arraigned on multiple
counts of felony child sexual abuse in July 2009. Yaffe faces substantial
incarceration, including multiple life terms, for abusing several young
males.
- Alexander Antunez was returned from Mexico in December 2009, to face charges for a drive by shooting that occurred in 2005. Antunez is believed to have shot at two victims, killing one and seriously wounding the second victim.
Felony Issuing & Priors Unit
This unit has the responsibility of carefully assessing new cases that occur in the central area of San Diego to determine whether felony charges should be filed. In addition, Case Issuance staff often decides if a case should be referred to another prosecution agency or to another division to be handled vertically – by just one Deputy District Attorney for the life of the case. In 2009, the attorneys in this division reviewed 6,383 felony cases for issuing. The division also handled a variety of legal issues and provided legal advice on criminal law, procedure and evidence to the various law enforcement agencies that submit cases.
The Priors Unit also obtains certified court documents for the DA's office. The prior convictions elevate a defendant's custody exposure so defendants with criminal records are given a more appropriate sentence than those defendants who have no previous criminal convictions.
Lifer Hearing Unit
The division also contains the DA’s Lifer Hearing Unit which has two main goals: ensure that dangerous prisoners with life sentences are not released carelessly, and ensure that crime victims and their families are given a respectful opportunity to participate in the parole hearing process. During 2009, the Lifer Hearing Unit processed a total of 460 cases for parole and suitability. There were 226 parole hearings held, with 39 inmates receiving parole grants from the California Board of Parole Hearings. Nine of these 39 parole grants were overturned by Governor Arnold Schwarzenegger, nine inmates were released and another 18 are still up on review by the Governor.
High-Profile Lifer Hearings Handled in 2009 included:
- Ellis Handy was denied parole for three years in February 2009. Handy
sexually-assaulted and murdered 18-year old San Diego State University
student Tanya Gardini in 1974. Strong advocacy has kept him behind
bars for over 36 years on his life sentence.
- Edgar Smith was denied parole for 15 years in April 2009. Smith had
been released on parole from a brutal 1957 murder of a teenage girl
in New Jersey. The case was highly publicized.
- Brenda Spencer was denied parole for 10 years in August 2009. From her house across the street, Spencer shot at Cleveland Elementary School in 1979 killing the school principal, custodian and wounding several students. Ms. Spencer made claims that the reason she shot at the school was because “she didn’t like Mondays.”
DA Liaison Unit
Two prosecutors are assigned as liaisons to local law enforcement agencies, one with an office at San Diego Police Department and one with an office at the San Diego Sheriff’s Department. These prosecutors work closely with law enforcement by assisting with investigations. The liaisons provide critical assistance in assuring evidence is collected lawfully so it can be introduced in court by the prosecutors. They also assist police with drafting legal documents such as search warrants, arrest warrants and other court orders. The DA liaisons are available seven days a week, 24 hours a day to answer legal questions, and are frequently on hand for critical suspect and witness interviews in sensitive and serious cases.
