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For immediate release – Wednesday, September 2, 2009.
Contact Bob Brammer – 515-281-6699 or rbrammer@ag.state.ia.us.

Statement of the Attorney General’s Office
regarding Court of Appeals decision Sept. 2
in State of Iowa vs. Juan Humberto Castillo-Alvarez:

Wednesday, Sept. 2, 2009.

The Attorney General’s Office will ask the Supreme Court to review the split decision by a panel of the Iowa Court of Appeals. Meanwhile, Mr. Castillo will remain in custody pending the outcome of our request that the Supreme Court review the matter. [Go to Ct. of Appls. decision.]

At the District Court and before the Court of Appeals the State argued that the murder conviction should not be dismissed because Mr. Castillo’s trial was delayed beyond the 90-day speedy trial deadline. The State's position is that defendant Castillo's flight from the United States to Mexico to avoid prosecution is a delay attributable to the defendant and served as good cause for delaying trial beyond the 90-day speedy trial deadline.

The Mexican government issued an arrest warrant for the defendant before the State filed the trial information (the criminal charges.) Formal extradition proceedings commenced immediately following the defendant's arrest in Mexico thirteen months later. United States authorities maintained regular contacts with Mexican authorities during that period but had no jurisdiction to do more to ensure prompt location of the defendant and execution of the outstanding arrest warrant. In short, we argued that the delay was attributable to Mr. Castillo.