EXTRADITION OF ARNOLD FREDERICK MORRIS

UNCLAS SECTION 01 OF 03 TEGUCIGALPA 000099

SIPDIS

DEPT FOR: L/LEI-DSULLIVAN, DOJ/OIA-JFAULKNER
FBI PLEASE PASS TO MIAMI LIAISON JUNIOR ORTIZ

SENSITIVE

E.O. 12958: N/A
TAGS: CJAN KCRM CASC HO MORRIS ARNOLD FREDERICK
SUBJECT: EXTRADITION OF ARNOLD FREDERICK MORRIS

REF: (A) STATE 156430 AUG 02, (B) E-MAIL COMUNICATION

BETWEEN POST AND DOJ/OIA OCT 2001, (C) TEGUCIGALPA
02487 JUL 00, (D) TEGUCIGALPA 01784 MAY 00, (E) STATE
94048 MAY 00, (F) TEGUCIGALPA 1638 MAY 00, (G) STATE
276514 OCT 94, (H) STATE 150133 JUN 94,


1. (U) SUMMARY: ON OCTOBER 24, 2002, THE
ADMINISTRATIVE COURT IN SAN PEDRO SULA RULED IN FAVOR
OF MORRIS, ANNULLING THE CANCELLATION OF HIS HONDURAN
CITIZENSHIP. THIS RULING MAKES MORRIS A HONDURAN
CITIZEN AND, THEREFORE, NOT EXTRADITABLE UNDER THE
HONDURAN CONSTITUTION. THE SOLICITOR GENERAL HAS FILED
AN APPEAL WITH THE COURT OF APPEALS OF THE
ADMINISTRATIVE COURT. END SUMMARY.


2. (U) ON JANUARY 9, 2003 POST LEARNED FROM STAFF
MEMBERS OF THE ADMINISTRATIVE COURT IN SAN PEDRO SULA
THAT ON OCTOBER 24, 2002 THE JUDGE HAD RULED IN FAVOR
OF MORRIS ANNULLING THE CANCELLATION OF HIS HONDURAN
CITIZENSHIP. THE RULING WAS BASED ON ADMINISTRATIVE
ERRORS, SUCH AS: A) THE REQUEST FOR CANCELLATION OF
MORRIS' CITIZENSHIP WAS FILED BY THE ATTORNEY GENERAL
AND NOT BY THE SOLICITOR GENERAL; B) THE 1994 CRIMINAL
CASE AGAINST HIM WAS FILED AFTER HE HAD OBTAINED HIS
HONDURAN CITIZENSHIP; C) THE 1992 CRIME WAS CLOSED
BEFORE MORRIS OBTAINED HIS HONDURAN CITIZENSHIP (HE
SERVED 6 MONTHS PROBATION AND PAID A $250 DOLLAR
FINE). THE SOLICITOR GENERAL FILED AN APPEAL ON
NOVEMBER 19, 2002 WITH THE COURT OF APPEALS OF THE
ADMINISTRATIVE COURT.


3. (U) WHILE TRYING TO OBTAIN INFORMATION ON THE ABOVE-
MENTIONED APPEAL, WE ALSO LEARNED THAT ON MARCH 25,
2002 MORRIS HAD FILED ANOTHER APPEAL TO THE SUPREME
COURT ARGUING THAT THE REQUEST FOR CANCELLATION OF HIS
HONDURAN CITIZENSHIP SHOULD HAVE BEEN FILED BY THE
SOLICITOR GENERAL INSTEAD OF THE ATTORNEY GENERAL. A
RULING ON THIS ISSUE HAS NOT YET BEEN RENDERED.


4. (SBU) DEPARTMENT SHOULD BE ADVISED THAT POST HAS
BEEN MEETING WITH THE MINISTER OF GOVERNMENT, MINISTRY
OF GOVERNMENT'S SECRETARY GENERAL, THE SUPREME COURT,
AND HAS MADE ENDLESS PHONE CALLS TO THE DIFFERENT
ADMINISTRATIVE COURTS ON A WEEKLY AND MONTHLY BASIS IN
ORDER TO OBTAIN AND KEEP TRACK OF INFORMATION ON THIS
CASE. UNFORTUNATELY, THE GOH DOES NOT PROVIDE TIMELY
INFORMATION ON COURT CASES, AND THE HONDURAN JUDICIAL
SYSTEM DOES NOT HAVE A CENTRALIZED TRACKING SYSTEM.
POST IS FORCED TO RELY ON INFORMATION PROVIDED BY
COURT STAFF THROUGH PERIODIC PHONE CALLS, SOMETIMES
THE CLERKS CLAIM THAT THERE ARE NO NEW DEVELOPMENTS ON
THE CASE WHEN IN FACT THERE IS OR THEY PROVIDED
INFORMATION WHICH IS NOT ACCURATE. THE BACKDROP TO
THIS CASE IS PERSISTENT RUMORS THAT MORRIS, WHO HAS
MARRIED INTO A POLITICALLY WELL-CONNECTED HONDURAN
FAMILY, HAS CONTINUED TO PAY LARGE BRIBES TO JUDGES
AND COURT CLERKS TO DELAY AND POSTPONE RULINGS ON HIS
CASE.


5. (U) FYI: THE FOLLOWING IS A CHRONOLOGICAL SUMMARY
OF DEVELOPMENTS IN THIS CASE, THUS FAR:

ON MARCH 18, 1992, MORRIS ALLEGEDLY OBTAINED HONDURAN
CITIZENSHIP.

ON MARCH 7, 1995, THE EMBASSY REQUESTED MORRIS'
EXTRADITION THROUGH THE MINISTRY OF FOREIGN AFFAIRS.

ON AUGUST 16, 1996, HONDURAN SOLICITOR GENERAL
REQUESTED REVOCATION OF MORRIS' HONDURAN CITIZENSHIP
TO THE MINISTRY OF GOVERNMENT, CONTENDING IT HAD BEEN
OBTAINED FRAUDULENTLY, SINCE HE HAD NOT ADMITTED TO
HIS PRIOR CRIMINAL HISTORY IN THE U.S.

ON MARCH 7, 1997, MORRIS TRIED TO SUBMIT ADDITIONAL
SUPPORTING EVIDENCE AFTER THE APPROPRIATE DEADLINE TO
THE MINISTRY OF GOVERNMENT. THIS IS KNOWN AS RECOURSE
OF REINSTATEMENT.

ON APRIL 1, 1997, THE MINISTRY OF GOVERNMENT REFUSED
THE RECOURSE OF REINSTATEMENT.

ON MAY 21, 1997, MORRIS FILED AN APPEAL TO THE
ADMINISTRATIVE COURT OBJECTING TO THE FACT THAT HE HAD
NOT BEEN ALLOWED TO SUBMIT EVIDENCE THAT WOULD PROVE
THAT HE HAD NOT MISREPRESENTED HIS CRIMINAL HISTORY.

ON FEBRUARY 4,1998, THE ADMINISTRATIVE COURT REJECTED
MORRIS' APPEAL.

ON FEBRUARY 17, 1998, MORRIS APPEALED TO THE COURT OF
APPEALS OF THE ADMINISTRATIVE COURT.

ON MAY 18,1998, THE COURT OF APPEALS OF THE
ADMINISTRATIVE COURT RULED THE APPEAL INADMISSIBLE.
ON JUNE 30, 1998, MORRIS APPEALED TO THE SUPREME
COURT.

ON JUNE 22, 1999, THE SUPREME COURT RULED THE APPEAL
INADMISSIBLE.

ON OCTOBER 21, 1999, THE MINISTRY OF GOVERNMENT
REVOKED MORRIS' HONDURAN CITIZENSHIP.
ON FEBRUARY 27, 2000, MORRIS FILED A NEW MOTION BEFORE
THE ADMINISTRATIVE COURT IN WHICH HE REQUESTS THE
ANNULMENT OF THE FINAL RESOLUTION CANCELING HIS
HONDURAN CITIZENSHIP.

ON MARCH 7, 2000, THE CASE WAS TRANSFERRED TO THE
ADMINISTRATIVE COURT IN THE CITY OF SAN PEDRO SULA.

ON MAY 31, 2000, THE MINISTER OF GOVERNMENT INFORMED
THE EMBASSY THAT MORRIS WAS NO LONGER A HONDURAN
CITIZEN.

ON JUNE 7, 2000, THE EMBASSY SENT THE MINISTRY OF
FOREIGN AFFAIRS A DIPLOMATIC NOTE REITERATING OUR
REQUEST FOR MORRIS' EXTRADITION, DEPORTATION OR
EXPULSION.

ON JUNE 19, 2000, THE HONDURAN IMMIGRATION SERVICE
INFORMED THE EMBASSY THAT IT WOULD TRY TO DETAIN AND
DEPORT MORRIS.

ON JUNE 21, 2000, HONDURAN IMMIGRATION AND POLICE
OFFICIALS WERE PHYSICALLY THWARTED BY MORRIS' ARMED
GUARDS, WHEN THEY TRIED TO DETAIN AND DEPORT HIM FROM
ROATAN, ONE OF THE BAY ISLANDS OF HONDURAS.

ON JUNE 22, 2000, MORRIS APPEALED TO THE COURT OF
APPEALS OF THE ADMINISTRATIVE COURT, IN TEGUCIGALPA,
FOR RELIEF UNDER THE CONSTITUTION ALLEGING THAT HIS
HONDURAN CIVIL RIGHTS HAD BEEN VIOLATED.

ON AUGUST 2000, THE ADMINISTRATIVE COURT IN SAN PEDRO
SULA RULED THE APPEAL OF FEBRUARY 27, 2002
INADMISSIBLE.

On September 8, 2000, Morris appealed to the Court of
Appeals of the Administrative Court, in Tegucigalpa,
requesting the following actions:

A REPOSITION OF THE RULING RENDERED BY THE
ADMINISTRATIVE COURT IN SAN PEDRO SULA, CONCERNING THE
SUBMISSION OF EVIDENCE.

A SUSPENSION OF THE INTERMEDIATE SENTENCE OF THE
CHALLENGED ACT. MEANING, SUSPENSION OF THE
CANCELLATION OF NATIONALITY, WHILE THE ACQUISITION OF
THE NATIONALITY WAS BEING CHALLENGED. THE RULING ON
THIS REQUEST REMAINS PENDING.

ON SEPTEMBER 11, 2001, THE REPOSITION OF THE RULING
CONCERNING THE SUBMISSION OF EVIDENCE WAS DENIED.

On January 5, 2001, U.S. Department of Justice
informed the Department of State that the case against
Morris was still pending. Officials reiterated that
they wanted Morris returned to the U.S. so that he
could stand trial.

ON JULY 15, 2001, THE SUPREME COURT RULED IN FAVOR OF
MORRIS' JUNE 22, 2000 APPEAL BASED ON THE TECHNICALITY
THAT THE MINISTRY OF GOVERNMENT HAD NOT SUBMITTED THE
EVIDENCE IN A TIMELY MANNER.

ON FEBRUARY 28, 2002, THE COURT OF APPEALS OF THE
ADMINISTRATIVE COURT RULED IN FAVOR OF THE
ADMINISTRATIVE COURT IN SAN PEDRO SULA, CONFIRMING
THAT HIS CIVIL RIGHTS HAD BEEN VIOLATED.

ON MARCH 25, 2002, MORRIS APPEALED TO THE SUPREME
COURT ARGUING THAT THE REQUEST FOR CANCELLATION OF HIS
HONDURAN CITIZENSHIP SHOULD HAVE BEEN FILED BY THE
SOLICITOR GENERAL AND NOT BY THE ATTORNEY GENERAL.

ON OCTOBER 24, 2002, THE ADMINISTRATIVE COURT IN SAN
PEDRO SULA RULED IN FAVOR OF MORRIS, ANNULLING THE
CANCELLATION OF HIS HONDURAN CITIZENSHIP.

ON NOVEMBER 29, 2002, THE SOLICITOR GENERAL FILED AN
APPEAL WITH THE COURT OF APPEALS OF THE ADMINISTRATIVE
COURT, IN TEGUCIGALPA, OBJECTING TO THE RULING OF THE
ADMINISTRATIVE COURT IN SAN PEDRO SULA.


6. (U) THE EFFECT OF THE RULING BY THE ADMINISTRATIVE
COURT IN SAN PEDRO SULA IS TO CONFIRM THAT MORRIS DID
OBTAIN HONDURAN NATIONALITY, AND IS NOT SUBJECT TO BE
EXTRADITED OR DEPORTED. POST WILL CONTINUE TO MONITOR
DEVELOPMENTS ON THE SOLICITOR GENERALS' APPEAL.

PALMER