In re Mylonas, 14334.

• Decision Date: 01 September 1960
• Docket Number: No. 14334.,14334.
• Citation: 187 F. Supp. 716
• Parties: In The Matter of The Extradition of George Basil MYLONAS, a Fugitive from the Justice of Greece.
• Court: U.S. District Court — Northern District of Alabama

187 F. Supp. 716

In The Matter of The Extradition of George Basil MYLONAS, a Fugitive from the Justice of Greece.

No. 14334.

United States District Court N. D. Alabama, S. D.

September 1, 1960.

W. L. Longshore, U. S. Atty., and George A. Blinn, Asst. U. S. Atty., Birmingham, Ala., for the United States.

Jerry Lorant, Birmingham, Ala., for defendant.

GROOMS, District Judge.

On June 3, 1959 the United States Attorney for the Northern District of Alabama, acting in behalf of the Government of Greece, and pursuant to the Treaty of Extradition of May 6, 1931, between the United States and Greece¹, filed a complaint seeking the extradition of George Basil Mylonas, a former citizen and resident of the Community of Ambelophyton, County of Trifilia, Province of Messinia, Kingdom of Greece, but now a resident of Birmingham, Alabama, and an employee of the La Paree Restaurant.

The alleged crime for which extradition is sought is that of embezzlement.²

The defendant Mylonas has moved to be discharged on the ground that (1) he is innocent of every charge of embezzlement; (2) that his rights to a prompt and speedy trial have been violated; (3) that by virtue of the lapse of time he is exempt from prosecution or punishment under Article V of the Treaty³; (4) that the proceedings seeking to extradite him are for acts connected with alleged crimes or offenses of a political nature excluded by Article III of the Treaty⁴; (5) that he has once been placed in jeopardy for the offense upon which his extradition is sought by trial held on October 27, 1955, in the Court of First Instance for Kyparissia and by judgment of discharge by that court.

The defendant was reared in the Town of Ambelophyton. He entered the Greek Army in July, 1940, and was assigned to the First Artillery Group of the Fifth Division where he fought on the side of the Allies until Greece was occupied by the German and Italian Armies. Thereafter, in the Civil War instigated by the Communists, the defendant and his two brothers volunteered to and did fight the Communists. He was in command of a unit charged with the protection of his Community. His brother Constantine fell at Gargalianous, in September, 1944, and his brother John⁵, at Athens in the same year. His uncle and other members of his family were engaged in this struggle against the Communists, who destroyed the defendant's home and stole his property and belongings, cremated his aunt in the flames of her own home, and wrought havoc in general, including the destruction of hundreds of people by such devilish devices as throwing them into wells to suffocate. The struggle was long; it was bitter, bloody and brutal. The Community divided into three factions—the Communists, the Anti-Communists, and the neutrals. As history attests, the Anti-Communists prevailed in the battle of arms.

By 1950 the defendant emerged as a popular and heroic figure in his Community. In that year he ran, along with four others, on the Anti-Communist ticket, for City Councilman. The ticket won by a landslide. Under a rotation system whereby each councilman would serve one year as president of the Council, the defendant was selected to serve for 1953. The Council and the populace in general appear to have been so well satisfied with his leadership that, contrary to custom, he was also selected to serve for the year 1954.

By the time of the general election in November, 1954, the political winds had veered to the left. The Communists, profiting from the chaos which they had created, had greatly increased their influence, and set about to accomplish by ballot what they could not accomplish by arms. In the general election, and in the run-off in February, 1955, the defendant's slate lost, although the defendant won by a large popular vote. Despairing of the hope of ever getting along or doing anything constructive with the Council as then constituted, the defendant decided to accept the invitation of his uncle, William DeMoes, the owner of La Paree Restaurant, to emigrate to Birmingham, Alabama, and to establish a new life for himself.

On June 27, 1955, charges were lodged against the defendant with John Papadopoulos, Public Prosecutor of the Kyparissia Misdemeanour Court. These charges were preferred by Konstantine Petropoulos, the then President of the Community of Ambelophyton.

Anthony Vayanos, the Investigating Magistrate of the Court of First Instance for Kyparissia, began an investigation of the charges. On various dates prior to October 27, 1955, he examined thirteen witnesses. During this period, Vayanos had the assistance of Constantine Christodoulou, Justice of the Peace of Platamidi, who examined or reexamined eight witnesses.

On October 27, 1955, trial was had in the Court of First Instance for Kyparissia, before G. Papageorgandis, Judge of said Court, upon the report of the Investigating Magistrate, Anthony Vayanos. The charges were read to the accused, who waived time to present his defense and insisted upon presenting his defense at once. For answer he stated the charges were "entirely untrue and unfounded," and politically inspired by the new President of the Community; that he did not appropriate to his own use 27,098/⁶ drachmas (old issues), but, on the other hand, the Community owed him several thousand drachmas for personal moneys which he had expended on behalf of the Community. He proposed the calling of certain witnesses, five in number, but whether they actually testified is not apparent from the proceedings.^6a

Having decided to emigrate to the United States, the defendant applied to the Prosecuting Attorney of the Magistrate Court for an affidavit that he was not being sought in the district as a Fugitive from Justice or Defaulter. John Papadopoulos, the party with whom the charges had been lodged, and who set the investigation in motion, gave the defendant the requested affidavit on September 28, 1955. Three days previously the defendant had applied to K. Petropoulos, the President of the Community, for an affidavit of nativity, birth date and residence. This affidavit was made. Both Papadopoulos and Petropoulos had full knowledge at the time they made the the affidavits that applicant was planning on emigrating to the United States.

In November, 1955, the defendant left Greece. On December 1, 1955, the investigation was resumed by George Papageorgantos, then Examining Magistrate of Kyparissia. On April 12, 1956, the hearing was held by the Court of Misdemeanours at Kyparissia, composed of three judges, the same John Papadapoulos prosecuting. The trial in absentia was wholly without the knowledge of the defendant. The charges were read, the same K. Petropoulos, the President of the Community, testified. Also testifying were twelve other witnesses. None of the witnesses that defendant proposed to call at the trial on October 27, 1955, was called. The accused was convicted and sentenced to two years in prison, and deprived of his civil rights for five years. The claim for damages presented by Petropoulos as President of the Community, was referred to the Civil Courts.

Not only did the defendant have no knowledge of the charges or prosecution, but he was not represented by counsel and no one appeared for him. He had no witnesses present, nor does the record reveal any cross-examination of the witnesses used against him.

It is apparent that the political winds had veered again by the time of the 1958 election in Ambelophyton. This is evident from the testimony of G. L. Xiarhos,⁷ the Secretary of the Community, and others who were called to testify on more than one occasion. Some of these witnesses gave testimony on as many as three such occasions. It would be the work of supererogation to analyze the twists and turns of the testimony, witness by witness. It suffices to say that contradictions, variations and changes of position are obvious on even a casual reading of a particular witness's testimony; and this is true of a number of the witnesses.

There was a limit on the number of drachmas the Community Council could spend on a given project or improvement. Expenditures above this limit had to be approved by the Provincial Council of Messinia. It appears that the Community Council would place in the budget requests for money for a named project, and when received some of the money would be used for other and perhaps more urgent projects which did not require the Provincial Council's approval.

Both the Community Council and the Provincial Board subsequently approved the expenditures.

There is nothing whatever to indicate that the defendant fled the realm to avoid prosecution. The evidence is directly to the contrary. He left with full knowledge of the Community.

The significant dates relating to the timeliness of these proceedings are as follows:

The offenses were allegedly committed during the period from 1952 to 1954. Charges were lodged June 27, 1955. After investigation, trial was had at the Court of First Instance on October 27, 1955. The defendant departed for the United States in November, 1955. Trial was had in the Court of Misdemeanours on April 12, 1956. On the 13th day of September, 1957, the United States Ambassador to Greece furnished the Greek Authorities a certificate certifying the documents in the case. It was not until May, 1959, that the United States, through diplomatic channels, received a request through the Greek Ambassador for extradition from the Greek Government,...