In re Extradition of Skaftouros, 08 Crim. Misc. 01 (THK).

• Decision Date: 31 July 2009
• Docket Number: No. 08 Crim. Misc. 01 (THK).,08 Crim. Misc. 01 (THK).
• Citation: 643 F.Supp.2d 535
• Parties: In the Matter of the EXTRADITION OF Dimitrios SKAFTOUROS.
• Court: U.S. District Court — Southern District of New York

643 F.Supp.2d 535

In the Matter of the EXTRADITION OF Dimitrios SKAFTOUROS.

No. 08 Crim. Misc. 01 (THK).

United States District Court, S.D. New York.

July 31, 2009.

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COPYRIGHT MATERIAL OMITTED

MEMORANDUM OPINION AND ORDER

THEODORE H. KATZ, United States Magistrate Judge.

In this proceeding, the United States (the "Government") seeks the extradition of Dimitrios Skaftouros ("Skaftouros" or "the Relator") to Greece to face the charge of being an accessory to homicide, pursuant to a request from the Greek government under the Extradition Treaty Between the United States of America and Greece, United States-Greece, May 6, 1931, 47 Stat. 2185 (the "Treaty"). The primary evidence presented against Skaftouros is a judicial report, which contains a narrative summary of his alleged crimes, and concludes by indicting him and his codefendants. Although the narrative cites only unsworn depositions and makes use of conjecture, it is highly detailed, and corroborated by recent statements from the Relator and one of his purported accomplices. Therefore, the Government has carried its burden to show that there is probable cause to support the charge against Skaftouros. For the reasons fully explained below, the Government's request for a certificate of extraditability for Skaftouros is GRANTED.

BACKGROUND

I. The Allegations Against Skaftouros

The following summary is drawn from a certified translation of a report issued by the Council of Magistrates in Athens, dated April 3, 1991. (See Translation of Council of Magistrates Report, certified on June 12, 2008 ("Report").)

In early 1990, Constantinos Spinaris, Dimitrios Agapitos, and Vasilios Vasiliou hatched a plot to kidnap Vasiliou's cousin, Ioannis Tsatsanis, known in the Athens neighborhood where they all resided as Marselino ("Marselino" or "the victim"). Spinaris and Agapitos believed Marselino's father, Georgios Tsatsanis ("Tsatsanis"), was wealthy, and thought he would pay a large ransom. Since Spinaris, Agapitos, and Vasiliou were each acquainted with Marselino, they enlisted Skaftouros to help carry out the abduction. Skaftouros, in turn, recruited two men who worked at his father's tavern, Stamatios Grypeos and Ioannis Lazarou. (See Report at 16-17.)

To conceal their involvement in the plot, Spinaris and Agapitos staged a hijacking in which they would appear to be attacked along with Marselino. Spinaris and Agapitos first stole a tape recorder from Marselino's car, or arranged to have it stolen. At their suggestion, he agreed to accompany them on a feigned search for the thieves on March 18, 1990. The three drove in Agapitos's van to a location on the outskirts of Athens. Skaftouros, Grypeos, and Lazarou were waiting there, armed with guns and wearing hoods over their faces. While pretending to attack Spinaris and Agapitos, the assailants handcuffed the victim and drew a hood over his head. (See id. at 17-18.) They drove him away in a car belonging to Ioannis Avramidis, who was Skaftouros's cousin's husband and worked in a tavern owned by Skaftouros's father. (See id. at 25.) Meanwhile, Agapitos and Spinaris informed Vasiliou that the victim had been taken. Vasiliou agreed to monitor the activities of Marselino's family. (See id. at 18.)

At around 4:00 a.m. on the morning of March 19, Skaftouros, Grypeos, and Lazarou arrived in the Athens suburb of Haidari with Marselino. They took him to the home of their acquaintance, Ioannis Petrakis, where Petrakis and Theofania Mesmerli were asleep. Skaftouros then departed, while Grypeos and Lazarou led the hooded, handcuffed Marselino at gunpoint to a storeroom with no windows. (See id. at 19-20.) Grypeos and Lazarou stayed in the house for the remainder of the night, along with Marselino, but Petrakis and Mesmerli left for a hotel. Skaftouros, Petrakis, and Mesmerli returned during the day on March 19, and shared a meal with Grypeos, Lazarou, and Marselino. Afterwards, Grypeos forced Marselino to make a tape recording to play for his father.¹ (See id. at 20-21.) In the presence of everyone, Marselino pleaded, "Dad, give all the money they ask or you will not see me again." (Id. at 22.)

The kidnappers did not use the recording immediately, but continued to hold Marselino for several days. Grypeos and Lazarou remained with him at Petrakis's residence. Skaftouros brought them food. Avramidis remembers driving to Haidari with Skaftouros one night in March of 1990, and waiting in his car while Skaftouros ran in to a friend's basement-level house for five minutes. When he returned, Avramidis asked, "what is wrong," to which Skaftouros allegedly replied, "let it go, I do not want you to get in, you've got children." (Id. at 26.) Spinaris and Agapitos also visited Petrakis's house during this period. Finally, on March 21, Spinaris met Grypeos at the house, and the two men took the recording to a nearby phone booth. (See id. at 23.) Affecting a foreign accent, Grypeos placed a call to Tsatsanis, demanded 150,000,000 drachmas in ransom for the return of Marselino, and played the tape. (See id. at 11, 23.) When Tsatsanis protested that he could not pay such an amount, and offered his and his son's cars instead, Grypeos said no, insisted on receiving money, and hung up. (See id. at 11.)

Although the Report's account of the next few hours on March 21 is confusing, it appears that the conspirators began to worry that the police would uncover their plot. Apparently, Tsatsanis decided to pay a substantial sum for the return of his son. Vasiliou learned that the victim's father had gathered 70,000,000 drachmas, and informed Spinaris and Agapitos. Spinaris, who seems to have gained Tsatsanis's trust, by pretending to assist in the search for Marselino, told Agapitos that Tsatsanis planned to drop the ransom money at a nearby elementary school.² However, Agapitos became scared of getting caught, and refused to retrieve the payment. (See id. at 24.) Vasiliou, who did not know where Marselino was being held, told Spinaris to kill Marselino so that he could not reveal their identities. (See id.)

The urge to silence the hostage prevailed. On the evening of March 21, Skaftouros, Agapitos, Spinaris, and Lazarou met at Skaftouros's father's tavern and resolved to kill Marselino. (See id. at 24-25.) They guessed that he had recognized the voices of Spinaris and Agapitos during their visits to Petrakis's house. The group met Avramidis, and took his car and a van to pick up Grypeos and Marselino in Haidari. After placing Marselino again in a hood and handcuffs, Skaftouros, Agapitos, Spinaris, Lazarou, Avramidis, and Grypeos drove him out of Athens. (See id. at 27.) Shortly after midnight on March 22, the two vehicles came to a crossroads outside the village of Skourta. From that point, Skaftouros, Spinaris, Agapitos, Grypeos, and the victim continued in the van, while Avramidis and Lazarou stayed behind in Lazarou's car.

The van proceeded about eight kilometers, through an uninhabited area of the countryside, to some land belonging to a relative of Skaftouros. On this property sat a sheepfold where Skaftouros's father used to slaughter lambs for meat to sell in his tavern.³ (See id. at 12-13, 28, 30.) Skaftouros stayed in the van, while Spinaris, Agapitos, and Grypeos led Marselino to the building. (See id. at 28.) The three men brought their captive to a freshly dug pit, which the report alleges was prepared earlier by Spinaris and Agapitos.⁴ They made Marselino sit down in it, still wearing the hood and handcuffs. (See id. at 28-29.) Spinaris, Agapitos and Grypeos then conversed briefly outside the sheepfold. Spinaris and Agapitos handed Grypeos a bag with a revolver, allegedly belonging to Skaftouros, and said, "you will kill him." (Id. at 30.)

Grypeos walked back to the pit and shot Marselino twice, once in the chest and once in the neck. He then returned to the van where Skaftouros was waiting and announced that he had killed Marselino. Spinaris and Agapitos buried the victim's body. (See id. at 30.) They then rejoined their accomplices and drove back to Athens. (See id. at 30.) Avramidis claims that, the next day, Skaftouros revealed to him that "they had transported to Skourta a person whom they have murdered." (Id. at 31.)

Although Grypeos made another call to Tsatsanis to demand a ransom several days later, the effort was unsuccessful. Tsatsanis recorded the call and went to the police. (See id. at 12, 32-33.) The investigation stagnated until Marselino's body was discovered in June 1990, followed shortly by Petrakis surrendering to the authorities and making a statement. (See id. at 13-14.)

II. Procedural History

Skaftouros fled Greece for Italy in May 1990. (See Application for Extradition, dated Sept. 29, 2008 ("Gov't App.") Ex. B.) On June 22, the Investigating Magistrate for the Magistrate's Court of Athens issued a warrant for Skaftouros's arrest. (See English translation of Warrant issued Jun. 22, 1990 ("Warrant Transl."), attached to certificate of authenticity for documentary evidence signed by Ambassador Daniel V. Speckhard, dated Sept. 11, 2008 ("Speckhard Cert.").) After traveling from Italy to Canada, in 1992 Skaftouros illegally entered the United States, where he has since remained.

On May 29, 2008, federal law enforcement agents who had been tracking Skaftouros detained him for questioning in New York City. (See Gov't App. Ex. B.) He lied about his identity and presented false identification. Suspecting that he was wanted in Greece in connection with Marselino's abduction and murder, the agents arrested him and charged him with making false statements. (See id.) Several days later, the Greek government transmitted a request to arrest Skaftouros pending extradition to Greece to face the charge of being an accessory to intentional homicide.⁵ On June 11, the Government dismissed the indictment for making false statements, then immediately re-arrested Skaftouros and presented him on...