BK's Atty in PA for Extradition. Alibi Evidence?
He got himself an attorney, in PA, and they discussed his extradition and he told his attorney he was looking forward to his exoneration. I think if he had a solid alibi, at that point he could have told his attorney why LE was wasting their time. If there was a witness, or a way to find cctv footage , etc, he could have gotten that started back then.
Makes me think he doesn't have one, MOO.
@katydid23 First, I agree w your opn that BK does not have a veriable alibi.
That said, from what I recall reading at time of extradition and from info below, I don’t know whether BK's PA. atty should have been able to get “started” re any alibi defense evd. BK may (or may not) have told him about.
IIUC, BK's PA. def atty would not have been able to offer any alibi defense evidence at the PA. extradition HEARING there, as per PA statute* "guilt or innocence of the accused" is not to be looked into by the PA. gov'r or at any proceeding after extradition demand is made.* IOW alibi evd. would not have been admissible or considered, IIUC.
Appears imo the only issues BK, thru his PA atty, could have raised at PA. extradition hearing, are the points listed below.** Alibi is not one of them, as guilt or innocence is not to be looked into.
Could or should BK’s PA atty have provided BK’s (hypo) alibi stmt/info to BK’s ID. def atty? IDK.
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* From Pennsylvania statutes.
2022 Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY & JUDICIAL PROCEDURE. Chapter 91 - Detainers & Extradition
"§ 9141. Inquiry into guilt or innocence of accused.
The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor, or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in this subchapter shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime."
^ same.
Chapter 91. - Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
"....As long as the proper extradition process and procedure have been followed, the fugitive must be surrendered to the first state. The U.S. Supreme Court has identified a few DEFENSES TO EXTRADITION [ed: my caps], including: whether the request documents are in order; whether the person has been charged with a crime in the demanding state; whether the person named in the request is the person who committed the crime; and whether the petitioner is a fugitive from the requesting state."
^
Non Extradition States 2023