[free-sklyarov] Why is Sklyarov still in jail?

[Alex Fabrikant]

To the best of my understanding, he did have a hearing on Monday July 16
in Las Vegas; this was a "bail and extradition" hearing, and he was
represented by Rene Valladares, the public defender in LV (?). At that
hearing, he was denied bail and ordered extradited to CA. The time since
then was the time spent waiting for extradition. He arrived to CA on
Friday and has a bail hearing for Monday [Aug6], so that's not much of a
delay either.

I would suspect the extradition to a different state was what made the
wait acceptable.

On Sat, 4 Aug 2001, Charles Eakins wrote:

> I really don't understand this, since if you were arrested locally, they
> have 72 hours.  Why do the feds have no restrictions?  Maybe this is
> something else that needs to be gone after.
> 
> -----Original Message-----
> From: free-sklyarov-admin at zork.net
> [mailto:free-sklyarov-admin at zork.net]On Behalf Of Peter
> Sent: Saturday, August 04, 2001 4:53 AM
> To: Ed Carp; free-sklyarov at zork.net
> Subject: RE: [free-sklyarov] Why is Sklyarov still in jail?
> 
> 
> 2 weeks without bail is not very long. Kevin Mitnik was sitting in
> jail 4 1/2 years without bail or trail.
> Peter
> 
> 
> Free Dmitry Sklyarov
> Repeal the DMCA
> ----------------------------------------
> http://www.lupercalia.net/dmca
> http://www.freesklyarov.org
> 
> 
> Seth David Schoen (schoen at loyalty.org) writes:
> 
> > > Why doesn't
> > > someone file a writ of habeas corpus in Federal court to get this
> man out of
> > > jail?
> >
> > "Too early" -- an experienced lawyer.
> 
> Really?  How's that?
> 
> > Nobody feels that the government has violated legal standards for a
> > speedy and public trial yet.  Committed a monstrous injustice, yes.
> > Made the U.S. look ridiculous and frightening to the rest of the
> > world, sure.  Violated legal standards for procedural due process in
> > criminal cases, no.
> 
> You're kidding, right?  You're telling me that it's *normal* for a
> Federal
> prisoner to be held *weeks* without a bail hearing?  Hs he even been
> arraigned
> yet?
> 
> If I were arrested tomorrow, if I hadn't been arraigned and bail set
> by 9 AM
> Monday morning, rest assured that my attorney would be in court by
> noon.  Why
> is it OK for the Federal courts to violate the Sixth and Eighth
> Amendments?
> 
> > > Why is he being denied bail?
> >
> > The bail hearing hasn't happened yet.
> >
> > Sklyarov is being treated, say attorneys, no worse than your typical
> > Federal prisoner.
> 
> Then this country is in serious trouble when a prisoner can be held
> for weeks
> without a bail hearing.  If memory serves, even the Supreme Court has
> ruled
> on cases regarding how long one can be held without a hearing, and
> under what
> circumstances one can be held without bail.  This is an absolute
> crock.
> 
> On the other hand, if it can be shown that the Government delay is
> excessive,
> the charges against Sklyarov can be dismissed (Strunk v. US) - maybe
> that's
> what this whole thing is about...
> 
> The FBI agents (who are named in the affidavit, by the way) should be
> brought
> up on criminal charges - 18 USC 1983 comes to mind... they *knew*, or
> should
> have known, that Sklyarov had committed no crime while in this
> country, and
> they have a duty to the law to see that the law is upheld.  "Fidelity,
> Bravery,
> and Integrity", indeed.
> --
> Ed Carp, N7EKG  	erc at pobox.com		214/986-5870 cell phone
> http://www.pobox.com/~erc
> 
> I sometimes wonder if the American people deserve to be free - they
> seem
> so unwilling to fight to preserve the few freedoms they have left.
> 
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-- 
-alexf