Text 8972, 145 rader
Skriven 2010-07-01 14:05:34 av Michiel van der Vlist (2:280/5555)
     Kommentar till en text av Roy Witt (1:387/22)
Ärende: Federal vs Royal
========================
Hello Roy,

On Wednesday June 30 2010 16:45, you wrote to me:

 RW> For all intents and purposes today, Aruba is out of the picture. The
 RW> victim was a US citizen and even though the crime happened under Dutch
 RW> law, US law will persue the culpret until justice is served.

US las may try that, but they will not get any international cooperation as the
US is the only country in the world that uses this doctine. In the rest of
theworld, the nationality of the victim is irrelevant, it is the place where
the alleged crime took place that determines which country prosecutes.

 RW> Even if they have to influence Peru to do more than their law
 RW> requires.

Peru is a banana republic. Bribing some officials may have some effect. But
then other parties ay try the same...

 RW> Peru will more than likely want to wash their hands of him and will
 RW> eventually turn him over to US authorities.

Why would they want to do that?

 RW> All Aruba can do about it is send in the clowns and let him hang, just
 RW> like Meno Blom.

If Aruba and tha US both file an extradition request, the Peru has no choice
bot the give prevalence to Aruba, as that is where the alleged crime ocurred.

Even more... if Joran were to be in the US, and Aruba were to file an
extradition request with the US, the US would have ground to deny it.

 MvdV>> If new evidence in the Holloway disappereance turns up they
 MvdV>> will. They get first shot.

 RW> They'd have to take that up with Peruvian authorities, who may have
 RW> already pre-empted Aruba and made a deal with the US.

Extradition requests are not granted on a 'first come, first serve' basis.
Aruba's request prevails as that is where the alleged crime took place.

 RW>>> as US authorities will be working with the Peruvian authorities
 RW>>> and JS himself.

 MvdV>> The Peruvian authorities have no reason to "work with" the US
 MvdV>> authorities.

 RW> Yes, they do. There is the overlooked item of a US indictment for
 RW> extortion and wire fraud. The US has already thrown their hat into the
 RW> ring in Peru.

A murder charge takes precedence over extortion and wire fraud. Aruba prevails.

 MvdV>> There is nothing in it for them. They have what they believe to
 MvdV>> be a pretty strong case, so why would they let him go?

 RW> Oh, they won't let him go, not even to Aruba or the Netherlands at
 RW> this stage of the game.

They won't let him go for a couple of decades. By then the extortion and wire
fraud charge will have evaporated by statue of limitation.

 RW>>> It would be better to live the rest of your life in a US prison
 RW>>> than 15 years in a Peruvian prison. JS has already realized
 RW>>> that.

 MvdV>> That is what you think. I think the last thing he wants is to
 MvdV>> be in the US and face the possibility of a death sentence.

 RW> That's where he fucked up. Not even a hint of offering information as
 RW> to the whereabouts of the body would make the case against him merely
 RW> circumstantial, even with a confession. A life sentence. Now that he's
 RW> offered to show where the body is, circumstantial flew out the window
 RW> and the death penalty flew in.

And so he will not be extradited to the US because countries that do not have
the death penalty themselves do not extradite when the subject risks the death
penalty.

 MvdV>> I think he is aiming for an extradition to Aruba or The
 MvdV>> Netherlands. It won't work, but you can't balme him for trying.

 RW> He would have been better off climbing the Andes and taking his
 RW> chances in Venezuela.

Make no mistake. Venezuela is not the only country in South America where they
do not like Yankees. The Peruvians will not let him go, just to please the
Yankees...

 MvdV>> They will convict him for murder and lock him up for a couple
 MvdV>> of decades.

 RW> Maybe.

Probably.

 RW>>> If they want him to spend 15 years in their prison, he'll do so.
 RW>>> If they want to see justice done,

 MvdV>> They will want to see _their_ justice done: convict him for the
 MvdV>> murder of Stphanie Floris. Doesn't matter if he has done it or
 MvdV>> not, they will convict him for it.

 RW> The evidence against him is pretty good.

So if he was framed, whoever did it, did a good job.

 RW>>> they may decide to release him to US authorities,
 RW>>> either now or after he serves his sentence in Peru...

 MvdV>> No way José.

 RW> Way...

I aks again, why would they do that? What's in it for Peru?

 MvdV>> Not "like the Holloway case". There is no Holloway case.

 RW> Not according to Julia Renfro, Editor of "Aruba Today": "The
 RW> investigation is still open.

Officially it is a disappearance and officially the case is still open. These
cases are never closed. Unofficially it is shelved as a cold case and it will
not be unshelved unless new evidence turns up.

 RW> They've continue(d) to look in every aspect and every direction,
 RW> including into investigating the investigation. And to date, Joran is
 RW> still a main suspect, but at this point there have been no charges
 RW> brought forth."

No charges have been brought forth, because there is no evidence to base a
charge on that will fly in court. So until new evidence turns up, nothing
happens.

Mind you "stories" told by Joran van der Sloot is not "new evidence" unless it
can be backed up by verifiable facts.

Until then it is an unsolved disappearance. No evidence of a crime.


Cheers, Michiel

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