Last To Surrender 1999

[Bertoldo Beyer]

ELPASO, Texas (CNN) -- Rafael Resendez-Ramirez, the rail-riding fugitive suspected of killing at least eight people, crossed from Mexico into the United States on Tuesday and surrendered, following secret negotiations between law enforcement personnel and the suspect's sister in New Mexico.

"Mission accomplished," said Don Clark, the Houston-based FBI agent in charge of the investigation. He thanked "the American public for being so responsive to our pleas and requests for assistance in this investigation."

The Mexican-born suspect was initially held in El Paso, where he appeared at a brief court hearing on a burglary warrant related to one of the murders. Later, he was put in a van to be taken to the El Paso airport for a flight to Houston, where authorities suspect him of two killings last year.

Resendez-Ramirez, 38, wearing dirty blue jeans, leather work boots, a striped shirt and gold-rimmed glasses, was escorted into the courtroom in handcuffs and chained around his waist. He said nothing during the proceeding.

They said she called Texas Ranger Drew Carter on Sunday to arrange the surrender, which took place at 9 a.m. at the Immigration and Naturalization Service port of entry in Ysleta del Sur Pueblo, Texas, near El Paso.

"Carter told me that he extended his hand, they shook hands, and they handcuffed him. He was very pleasant, not aggressive," said Texas Department of Public Safety Capt. Bruce Casteel. "He was in Mexico, I can't tell you how long he's been there."

The surrender agreement with Resendez-Ramirez included assurances of family visitation rights, a psychological evaluation and promises that he would be safe in jail, Casteel said. But, he said, the agreement does not shield Resendez-Ramirez from the death penalty.

Julieta Dominguez, the suspect's common-law wife, was questioned last week in Houston, where she was flown from her home in Rodeo, Mexico. Sources told CNN she provided information about Resendez-Ramirez and his frequent travels.

She has urged her husband to give himself up, worried that bounty hunters might kill him, the sources said. A $125,000 reward was posted for the fugitive's arrest after he was placed on the FBI's Ten Most Wanted list two weeks ago.

Clark has described Dominguez and her family as distraught over the allegations against Resendez-Ramirez. "She would like to see this come to a halt so her life can regain its normalcy," he told CNN on Sunday.

Texas Rangers have seized jewelry and clothing from the couple's home in Mexico that authorities believe may be linked to his victims. The items include 100 pieces of jewelry -- rings, bracelets, earrings and watches.

Resendez-Ramirez has been charged with two murders in Illinois and is wanted for questioning in six others -- five in Texas and one in Kentucky. All of the victims were killed in homes near railroad tracks.

Up until the surrender, his ability to elude law enforcement had been an embarrassment, topped by his release to Mexico by Border Patrol agents June 2, although he was wanted by the FBI, and the Houston police had earlier told the immigration service it wanted him for questioning in a murder.

In addition, Lexington, Kentucky, police obtained warrants last month for Resendez-Ramirez' arrest in connection with the August 1997 murder of University of Kentucky student Christopher Maier, who was attacked with his girlfriend as they walked near some railroad tracks.

INS officials said that when Resendez-Ramirez was in the custody of the Border Patrol, which apprehended him for illegal entry into the country, they didn't have any information on his criminal records or of any outstanding warrants.

But Immigration Commissioner Doris Meissner said the INS, parent of the Border Patrol, had multiple entries on Resendez-Ramirez in a computerized photo and fingerprint database that provides immediate identification ofaliens apprehended by the Border Patrol.

INS first encountered Resendez-Ramirez in 1976 after he was arrested in Michigan. He was returned to Mexico, but since that time has been deported from the United States on three occasions -- in 1985, 1987 and 1991. He was also apprehended by Border Patrol agents eight times since January 1998.

Meissner said the Justice inspector general would look at why Resendez-Ramirez "was not detained and whether INS knew about Resendez-Ramirez criminal activities after being contacted by local law enforcement earlier this year."

On 6 August 1999,

the Registrar of the Tribunal decided to withdraw the assignment of Defence

Counsel to Mario Cerkez, Drago Josipovic, Mirjan Kupreskic, Vlatko Kupreskic,

Zoran Kupreskic, Dragan Papic and Vladimir Santic in light of the financial

support which they are presumed to have received from an organisation named

"Hrvatski Uznik u Haagu" ("Croatian Prisoners in The Hague").

The background

to this is that following their surrender to the custody of the International

Tribunal, all accused informed the Registrar that they did not have sufficient

means to pay for legal assistance and requested her to assign Counsel to them.

After examining a declaration of means signed by each of the accused concerned

and additional documentation obtained at the Registrys request, it was

determined that they all lacked sufficient means to retain Counsel, and accordingly

Counsel was assigned to each of them.

Pursuant to Article

19 of the Directive on the Assignment of Defence Counsel, the privilege of the

assignment of Defence Counsel ends when information obtained shows that the

accused persons have sufficient means to retain Counsel privately.

Invited by the

Registrar to comment, the accused claimed that their financial situation has

not substantially changed since the recent events. However, the Registrar considered

beyond reasonable doubt that a considerable sum of money has been made available

to the accused and that in consequence their state of indigence ended

at the very latest on 18 June 1999.

Moving on, Id

first like to remind you that Vinko Martinovics initial appearance will

be on Thursday at four oclock in Courtroom I appearing before Trial Chamber

I, that is Judge Jorda Presiding and sitting alone. You are all, of course,

invited to attend.

Second, a Congressional

Delegation from the United States will be visiting the Tribunal at 3 p.m. on

Monday, 16 August. The delegation is made up of the House Judiciary Committee

Chairman, Henry Hyde, and representatives Roscoe G. Bartlett, Ken Calvert, Mel

Watt and Jesse Jackson Jr. The delegation is meeting Judge Gabrielle Kirk McDonald,

the President of the Tribunal, and will be given a tour of one of the courtrooms.

There are no media opportunities scheduled as yet.

Concerning the

recent surrender of "Stela" by the Croatian Government, the Prosecutor

earlier made it clear that she would be prepared to withdraw her request to

the President of the Tribunal concerning the non-compliance of Croatia, if Croatia

complied with a number of requests for assistance that have been outstanding

for many months. Those matters were presented in Zagreb in the form of a consolidated

request, including many requests for information concerning "Operation

Storm". Croatia has consistently refused to answer those requests and its

position has not changed in the last few days, despite encouraging signs of

improvement, including the surrendering of "Stela". The Prosecutor

would not be withdrawing her complaint to the President unless the Croatian

authorities showed that they were complying with all of her outstanding requests,

including those related to "Operation Storm".

Asked whether

the suspects had the right to appeal against the withdrawal of their funding,

Landale confirmed that they could appeal to a Trial Chamber, however, he added

that they had not yet indicated that they would do so. The decision had been

made on 6 August and came into effect from the time they received notification,

he added.

Asked whether

there was any news about the appointment of Carla Del Ponte, Risley responded

that the Security Council would deal with this as ordinary business today

or tomorrow. A press release would follow, he added.

Asked what

would be the Prosecutors final day at the Tribunal, Risley responded

that it would be in early September. He added that a date had not yet been

finalised, that the Prosecutor was presently on holiday and that she would

return for a few weeks before leaving.

Asked whether

the fact that Carla Del Ponte was a Prosecutor and not a judge would make

any difference, Risley replied that the charter was relatively broad with

regard to candidates for the position and that it was an issue for the Security

Council to consider.

Asked whether

there was a strong chance that the OTP would amend the indictment against

the five Serbian officials indicted in connection to Kosovo, Risley responded

that Prosecutor Arbour, while in Pristina approximately one month ago, had

said very publicly that she was considering expanding the indictment against

Milosevic and his four associates to include the crimes of genocide and extermination

as a crime against humanity. While she had not yet indicated her decision,

she had clearly signaled that this was a major consideration for the OTP.

Asked whether

the Tribunal had any figures of bodies believed to be connected with Srebrenica,

Risley replied that the UN Spokesperson in Sarajevo yesterday gave a status

report on the exhumations of one particular site in north-eastern Bosnia connected

to the Srebrenica exhumations in general and that at that site over 250 bodies

of victims had been exhumed and documented. The exhumation team that completed

the work would continue to work at several other sites. The OTP was reluctant

to provide specific numbers until investigations were completed especially

in connection with the Srebrenica investigations. However, he concluded that

the fact that such a large number of bodies had been found in one grave site

that had clearly been disturbed and robbed was a significant find that brought

the whole investigation forward quite dramatically.

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