820 F.2d 540 (1st Cir. 1987), 87-1472, Romeo v. Roache

Docket Nº:87-1472.
Citation:820 F.2d 540
Party Name:Anthony Philip ROMEO, Petitioner, Appellant, v. James B. ROACHE, Respondent, Appellee.
Case Date:June 11, 1987
Court:United States Courts of Appeals, Court of Appeals for the First Circuit

Page 540

820 F.2d 540 (1st Cir. 1987)

Anthony Philip ROMEO, Petitioner, Appellant,


James B. ROACHE, Respondent, Appellee.

No. 87-1472.

United States Court of Appeals, First Circuit

June 11, 1987

Submitted May 29, 1987.

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Elliot D. Lobel and Peckham, Lobel, Casey & Tye, Boston, Mass., on petition for writ of habeas corpus.

Before COFFIN, BOWNES and BREYER, Circuit Judges.


This is an appeal from the denial of a petition for writ of habeas corpus which had sought review of a magistrate's certificate of extraditability and order of committment certifying petitioner's extradition to Canada. The district court determined there was a sufficient basis for extradition, denied the habeas petition, and refused a stay of extradition pending appeal. By order entered May 29, 1987, this court granted a temporary stay of extradition. We now, after a review of the contentions made below, dissolve the stay and summarily affirm the order dismissing the habeas petition.

We recount the background.

An affidavit in support of extradition was executed by Officer Edmonds of the Royal Canadian Mounted Police (RCMP). He stated he had been assigned to investigate the murder of Constable Aucoin. He related the following: On March 8, 1987, Constable Cannon found Constable Aucoin slumped over in the front seat of a police car with a bullet wound in his head. Aucoin had originally been discovered by a passing motorist at 10:55 Atlantic Standard Time, March 8, 1987. The police car with Aucoin was on Highway 640 at or near Yoho Lake, York County, New Brunswick, approximately nine miles south of the city of Fredericton. A pen was in Aucoin's hand and a partially completed traffic ticket was beneath his body. A copy of the traffic ticket, attached to the affidavit, indicated the ticket was issued on March 8, 1987 to Anthony Romeo, date of birth March 8, 1963, address Skunks Misery Road, Locust Valley, New York. The ticket described the car being driven as a "PORS" with New York license plate number 5578 BGP. The owner of the vehicle, according to the ticket, was Cross Town Leasing of Jamaica, New York. Petitioner's name is Anthony Romeo and his parents, if not he, live on Skunks Misery Road in Locust Valley, New York. Affiant Edmonds continued that he had been informed by Immigration Inspector Sylvia Cutliffe of United States Customs at Calais, Maine that at 11:30 Atlantic Standard time on March 8 she registered a gold Porsche with New York license plate number 5578 driven by a male whom she had identified from news photos as petitioner.

Affiant Edmonds was also informed by a service station attendant in Calais, Maine that at approximately 11:30 Atlantic Standard Time a person he believed to be petitioner purchased gas, telling the attendant to hurry, and leaving after receiving $13.60 worth of gas but giving $20 to the attendant.

Further information conveyed to affiant Edmonds by Detective Polombo of the Massachusetts State Police indicated that petitioner had been arrested on the Canadian

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murder charge at 16:47 Atlantic Standard Time at Logan Airport. He had first identified himself by showing an airline ticket in the name of Philip Qotino and then produced a temporary New York driver's license in the name of Anthony Romeo. A New York driver's license and a New York motor vehicle registration for a 1984 Porsche showing the owner to be Cross Town Leasing of Jamaica, New York were found concealed in petitioner's cowboy boot.

Affiant Edmonds also stated that he had been informed by Constable Saunders that Saunders had found a canvas bag approximately .7 kilometers from the shooting scene. The bag contained one rifle stock, one rifle case, one "PROLINE ZX" crossbow, and two boxes of .38-40 calibre ammunition. A salesman at the sporting goods store in New York who knew petitioner stated he had sold a "PROLINE ZX" crossbow to petitioner in February 1987. The rifle stock fit a .38-40 Winchester rifle found, without stock, approximately 15 meters from the shooting of Constable Aucoin. A member of the firearms section of the RCMP Forensic Laboratory determined that the Winchester rifle found at the scene had discharged the bullets which had killed Constable Aucoin. Further circumstantial information linking petitioner with the shooting was recounted, which we need not now detail.

Petitioner moved to dismiss the extradition proceedings on the grounds that his Fourth, Fifth, and Sixth Amendment rights had been violated. In particular, he charged the following. First, in defiance of instructions from his attorneys that he not be interviewed without their presence, petitioner was interviewed on March 10, 1987 at...

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