Severity of alleged crimes, costs weighed in extradition cases

The 97-mile drive from St. Louis to Murphysboro, Illinois, usually takes less than two hours.

A murder suspect from Cape Girardeau needed 78 days to make the trip.

Brandon Banks, 28, is accused of killing Marsha Ann Brown, 40, of Cape Girardeau.

A passing motorist found Brown's body Jan. 14 in a ditch near U.S. 51 in rural Makanda, Illinois. Authorities arrested Banks two days later in St. Louis, but getting him back to Jackson County, Illinois, for trial required a lengthy process involving two courts, two governors and a considerable amount of paperwork.

Recovering a fugitive isn't always that complicated -- in many cases, suspects waive extradition and agree to be transported back to the areas where they are accused of committing crimes -- but it always involves some expense and effort, local authorities said.

Costs

In Perry County, Missouri, Sheriff Gary Schaaf sends his deputies to retrieve fugitives from relatively close jurisdictions.

"If it's just over here in Illinois and not all the way up in Chicago or something, we just go get them ourselves," he said.

If fugitives are farther away, the county usually contracts with an outside company to save money and manpower, Schaaf said.

"Unless it's fairly close to us, we'll look at some of the extradition services that transport prisoners," he said.

Extradition from far-flung areas is rare, Schaaf said.

"We might use extradition services three to four times a year," he said.

Capt. James Mulcahy, Cape Girardeau County Jail administrator, said it costs about $1 per mile to transport prisoners.

Like Perry County, Cape Girardeau County uses an outside service to save money, Mulcahy said.

Decisions

Cost, distance and the seriousness of the allegations all factor into the decision of whether and how to move suspects, authorities said.

"A lot of it depends on the nature of the crime and the resources it would take to get the person charged who is residing in another state," Cape Girardeau County Prosecuting Attorney Chris Limbaugh said.

In some cases -- for instance, child molestation, sexual assault or murder -- the decision is easy, Limbaugh said.

"That would certainly be a no-brainer for us to initiate the extradition process for those persons," he said. " ... Our community has an interest in determining the guilt or innocence and punishment of persons who commit crimes in this community, and because of that, I feel it's very important to bring people back when they do flee."

Other cases aren't as clear-cut.

For relatively minor crimes, the county may not bother with extradition, especially if suspects already are facing more serious charges in the state where they were arrested, Limbaugh said.

"Is it worth the taxpayers' dollars to go through the entire legal process for extradition ... especially when they're standing trial for some violent felony out in California?" he said.

At $1 per mile, transporting a suspect from Los Angeles to Jackson could cost upward of $2,000.

"You weigh the community interest with prosecuting that and having that person stand trial who's only on the hook for a $100 fine or something like that," Limbaugh said.

In some cases, charges can be resolved without the suspect being physically present, Mulcahy said.

For instance, if someone is picked up in Florida on an outstanding warrant for writing bad checks, authorities in Cape Girardeau County might contact a relative to come and pay restitution and any court fees instead of spending the money to transport the person back to Missouri, he said.

"That's beneficial to everybody," Mulcahy said -- the wronged party is reimbursed, court costs are covered, and the person avoids jail time.

Legal process

Suspects often waive extradition and agree to be taken to the appropriate jurisdiction to answer charges, Mulcahy said.

If they fight extradition -- as Banks did -- the process becomes more complicated and time-consuming.

In Banks' case, Jackson County State's Attorney Michael Carr had to contact Illinois Gov. Pat Quinn, who then asked Missouri Gov. Jay Nixon to issue an order requiring Banks to go back to Illinois to face charges.

Before Nixon could sign the order, Banks was entitled to a hearing to confirm he was, in fact, the same person wanted in Illinois, Carr has said.

Authorities have about 90 days to complete that process, although in most cases, it takes less time -- typically 30 to 40 days, Mulcahy said.

While the extradition process is going on, the suspect remains in jail in the state where he or she was arrested, Mulcahy said.

Suspects typically do not receive credit for time served while awaiting extradition, he said.

Letting them go

If the originating county doesn't request extradition, police can't hold suspects without local charges, said Darin Hickey, public information officer for the Cape Girardeau Police Department.

"If they won't extradite, we can't make an arrest," Hickey said. " ... I've seen warrants for some pretty serious crimes from other states that they didn't extradite on."

A few years ago, police had to release a cocaine trafficking suspect, Hickey said.

"You wonder what happened when that happens," he said.

People suspected of violent crimes seldom escape extradition, however, Hickey and other officers said.

For violent crimes, "we better sit on them," Schaaf said.

"If it's a serious enough crime, they'll come get them," he said.

epriddy@semissourian.com

388-3642

Pertinent address:

U.S. 51, Makanda, IL