Case Issuance & Extradition Division
In 2010, 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 Don Morton. The division is comprised of the following four units:
Domestic
and International Extraditions Unit- Felony Issuing & Priors Unit
- Lifer Hearing 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.
- Domestic: In 2010, the unit extradited 78 defendants from other states back to San Diego and handled 205 hearings for the extradition of fugitives from San Diego to other states.
- International: In 2010, the unit successfully extradited three offenders from Mexico, all Mexican nationals, all on very serious or violent charges. Since 2008, the unit has successfully extradited eight fugitives from Mexico, all Mexican nationals. Our unit also coordinated the expulsion/deportation of three Americans from Brazil, Taiwan, and Belgium on serious and/or violent felonies. During 2010, the Extradition Unit submitted 10 requests for Provisional Arrest Warrants to the Government of Mexico and 2 to the Republic of the Philippines. The Mexican Federal Court issued 6 Provisional Arrest Warrants in 2010. The remaining warrants are still under review in the Mexican Federal Court.
High-Profile Cases handled by the Extraditions Unit in 2010 included:
- On March 2, 2010, fugitive Alejandro Avalos Fernandez was extradited from Mexico to stand trial for the 2001 rape and murder of an elderly woman in a Carlsbad retirement community and the attempted sexual assault of another elderly woman in Los Angeles. Avalos Fernandez was sentenced to 34 years to life in state prison on January 6, 2011.
- On September 23, 2010, fugitive Jose Lopez Tejada was extradited from Mexico to stand trial for the 2004 conspiracy to commit murder, kidnapping, and attempted murder of a man in Tijuana. This was a noteworthy case because Mexico recognized California law allowing for the prosecution of a case where the conspiracy took place in the United States although the attempted murder took place in Mexico.
- On October 14, 2010, Vicente Flores Benitez was extradited from Mexico to stand trial for the 1989 murder of a man at a party. This was a noteworthy case in our extradition practice with Mexico because extradition was granted despite possible legal issues with the statute of limitations under Mexican law given the age of the case.
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 2010, the attorneys in this division reviewed 6076 felony cases for issuing. There were 4371 felony cases issued; 862 were rejected; and 843 were redirected to other agencies. 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 to our office for consideration.
The Priors Unit 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 2010, the Lifer Hearing Unit processed a total of 335 cases for parole suitability hearings. There were 175 parole hearings held, with 32 inmates receiving parole grants from the California Board of Parole Hearings and 143 inmates were denied parole at their hearings. Nine of the 32 parole grants were overturned by Governor Arnold Schwarzenegger. Eight life inmates were released in 2010, however, some of these inmate releases were from parole grants that occurred years earlier. The remaining grants of parole in 2010 are still under review by the Governor.
High-Profile Lifer Hearings handled in 2010 included:
- Elizabeth “Betty” Broderick was denied parole for 15 years in January 2010. Broderick was a La Jolla socialite who murdered her ex-husband, prominent attorney Daniel Broderick, and his wife Linda Kolkena Broderick, in November of 1989. Betty Broderick had been unable to emotionally move on from a bitter divorce and custody struggle. The case and hearing were highly publicized, and this emotionally intense hearing was attended by a large number of next of kin.
- Joel Wallach was denied parole for seven years in September 2010. In 1983 Wallach took hostage of the President of a well known printing company in San Diego (Neyenesch Printers on Kettner Boulevard), and then shot and killed him over a civil dispute. This murder was recorded on an open 911 line.
- Warren Bozzo was denied parole for 15 years in November 2010. The inmate shot and killed a young man in June of 1982 over a claim the victim sold him inferior marijuana. The victim’s mother and her friend were also shot and killed by the inmate when they responded to the noise of the shooting. All total, three people were murdered by the inmate as he left them to die in their own home.
DA Liaison Unit
Two very experienced 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 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.
