The State was directed by the High Court yesterday to produce all documents related to an application for the extradition of a US lawyer, Ms Beth Ann Carpenter, on foot of a murder charge. Mr Justice Carney said Ms Carpenter was fully entitled to explore all assurances that the death penalty would not be imposed on her if she was convicted in the US.
He noted that certain legal procedures being implemented by the US authorities regarding the case were the opposite of those which would be implemented in Ireland.
Ms Carpenter (34), a former public defender from Hartford, Connecticut, is being detained in Mountjoy Prison. She is accused of capital felony murder, murder and conspiracy to murder her brother-in-law, Mr Anson "Buzz" Clinton, who was shot dead in Connecticut on March 10th, 1994.
During an extradition hearing in Dublin Distict Court on February 9th, Ms Carpenter's former colleague and lover, Haiman Clein (56), said in an affidavit that he hired his cocaine dealer, Mark Despres (37), to carry out the killing at Ms Carpenter's request.
In court yesterday Mr Eamon Leahy SC, for Ms Carpenter, applied for an order directing the governor of Mountjoy Prison and the Attorney General to furnish all materials in their possession, power or procurement relating to all communications between the US government and the Minister for Justice regarding the case.
The discovery order includes furnishing all communications concerning assurances on the death penalty on Ms Carpenter should she be extradited to the US. Mr Leahy also sought discovery of all communications and assurances exchanged between the prosecuting and/or judicial authorities in Connecticut and Hai man Clein, Mark Despres and/or their legal representatives concerning both men's agreement to give evidence against Ms Carpenter in the proceedings pending against her in the US.
He also asked for the production of a videotape made by the Connecticut prosecution authorities on conditions at Niantic State Penitentiary.
In an affidavit read to the court yesterday Mr Robert J. Eagar, solicitor for Ms Carpenter, said the charge of capital felony murder, for which his client was wanted in the US, carried the death penalty.
However, at the District Court extradition hearing, a Mr Fay had given evidence on behalf of the Minister for Justice about the Minister's belief on the death penalty. Mr Eagar said it was vital to Ms Carpenter's case that all assurances given to the Minister for Justice on the issue be discovered.
It was also clear from the document that Clein and Despres, having pleaded guilty to serious charges arising out of the Clinton killing, will not be sentenced until they have given evidence against Ms Carpenter, should she be extradited, Mr Eagar said.
He became aware of the existence of a video tape on prison conditions at Niantic Prison through an article in The Irish Times. Those conditions were relevant to the proceedings.
Mr Leahy said evidence had been given in the District Court on behalf of the Attorney General and the Minister for Justice that, if his client was extradited, the US authorities would not seek the death penalty imposed if convicted.
The alternative was a natural life sentence without parole. His client was entitled to explore any assurances given by Connecticut to see to what extent they were binding on the federal state. Such inducement as Clein had been given was relevant and subject to the scrutiny of the Irish courts in regard to fair procedures.
Mr Peter Charleton SC, for the State, said the discovery application dealt not only with assurances given by the US ambassador to the Minister for Justice regarding the death penalty, but also with assurances by Mr Fay whose evidence was available on transcript.
Mr Justice Carney said Ms Carpenter was entitled to explore the foundation of the death penalty assurances. He would make no decision on whether the legal procedures being adopted in the US were fair. It was a reversal of procedures that would obtain here. In relation to the video on conditions in Niantic Prison, Ms Carpenter was entitled to have material about the prison to which she might be extradited.
The matter was adjourned for three weeks.
Meanwhile, Mark Despres has sought to take back his guilty plea and wants a new lawyer to represent him, it has emerged. In a motion filed from the Walker Reception Center prison in Suffield, Connecticut, Despres has asked that the plea be withdrawn.
