Judge In Ny Rules Against Kaufman

[Jollygoodfellow]

Judge in NY rules against former US Marine fighting extradition to Philippines for murder

 

ALBANY, N.Y. — A former U.S. Marine charged with killing a couple in the Philippines can face charges there after a federal magistrate in New York ruled Wednesday there was sufficient evidence to extradite him.

 

Timothy Kaufman, 35, will remain behind bars until U.S. Secretary of State John Kerry makes a decision on surrendering him to Philippine authorities, under the order from Magistrate Randolph Treece.

Kaufman, formerly of Knoxville, Tenn., is one of three men charged by authorities in the Philippines with the 2011 killing of a retired Northern Ireland police officer and his girlfriend. David Balmer, 54, and 26-year-old Elma de Guia were found dead on Sept. 2, 2011, in a bedroom of a home owned by a local club owner who was friends with Balmer.

 

Kaufman was arrested in April near his grandfather’s upstate New York home. He professed his innocence at a court hearing last month and his lawyer Mark Sacco argued that Philippine authorities failed to establish probable cause.

 

Treece rejected that argument in the ruling, saying the evidence was “sufficient to sustain the charges” against Kaufman under provisions of the extradition treaty between the United States and the Philippines.

 

There was no immediate comment from Sacco.

 

Kaufman left the Philippines a month after the killings. He was arrested in April at a Saratoga Springs-area business, near where he had been staying with his grandfather. Kaufman testified at his hearing that he had had been living in the open before his arrest, working part-time as a bartender and holding a driver’s license.

 

http://www.washingtonpost.com/national/judge-in-us-rules-against-former-marine-fighting-extradition-to-philippines-for-murder/2013/07/17/d214d34c-ef16-11e2-bb32-725c8351a69e_story.html

[Mike S]

killing of a retired Northern Ireland police officer

 

This has been a very interesting case with hundreds of different opinions as to what actually happened .... which involved the owner of the bar where he worked as a book keeper ... both he and the bar owner were ex-cops I believe the bar owner (names not being used here to avoid controversy) was a retired cop from England ..... now according to the story the bar owner gave (lets call him Joe) he arrived home and found the door to the house broken in ... both the dead bolt and the door knob .... now the couple was already dead in their bedroom but even though the door was broken into Joe didn't want to disturb them (you use your judgment on an ex-cop not wanting to disturbed his  room mate even with the door being busted or check to see if he was OK) so Joe spent sometime in the house watching TV etc. ...... Joe later decides to go back to his bar and leaves not bothering to secure the door or again telling his friend the door was broken ..... and just leaves (is this something you think an ex-cop would do) ..... I believe it was next day (can't remember the exact time frame) and again comes in through the broken door ..... stays around doing what I can't remember .... but finally decides to check on his room mate and finds them both dead ..... the aircon was turned up so cold that they hadn't begun to stink yet (unlike his story) .... so Joe calls the cops and reports the murder .....

 

Now Joe is not one of the 3 suspects as far as I know and apparently the cops here have excepted his explanation of this story ..... personally I think a week old dead goat has a better smell then Joe's explanation of what happened ....

 

You will never make me believe that a trained police officer would come home to his house with 2 busted door locks and not check to see if everyone was alright .... turn around and leave ... again with the door being busted ..... and return the next morning with the same routine ..... sorry I have just know to many law enforcement officers to swallow that crap .... there are other discrepancies but I can't remember ALL the details it's been a while and like most things involving bar owners on that other board it is closed down in a hurry (to protect the guilty ????????) so I guess we will just see how this pans out ...... just keep in mind that the murder vic was Joe's book keeper ..... hummmmm ...... JMHO on all the above ..... :thumbsup:

:cheersty:

Edited July 18, 2013 by Mike S

[i am bob]

I am always amazed at the number of people who flee a country while they are being investigated or have been charged of a major crime and then don't think they should be extradited.  Does being charged with a crime mean that you are to give your brains a vacation?  Even if you truly didn't do the crime, why would you run away instead of fighting to prove that you are innocent?

[robert k]

I am always amazed at the number of people who flee a country while they are being investigated or have been charged of a major crime and then don't think they should be extradited.  Does being charged with a crime mean that you are to give your brains a vacation?  Even if you truly didn't do the crime, why would you run away instead of fighting to prove that you are innocent?

I guess if you are Roman Polansky and have political friends or ripped enough people off and have enough money like the guy who fled to Cuba 30 years or so ago and you know you did it and are going to take the fall, it's probably a good idea. Otherwise, not.

[Call me bubba]

I am always amazed at the number of people who flee a country while they are being investigated

or have been charged of a major crime and then don't think they should be extradited.

 Does being charged with a crime mean that you are to give your brains a vacation?  

 

Even if you truly didn't do the crime, why would you run away instead of fighting to prove that you are innocent?

 

 

 

I will try to play devils advocate on the last line..

with me knowing how the system is here,,,,

(not me personally but of thinking of this over the years and watching/reading how things occur)

 

If i was charged w/a offense or even considered a "suspect" and being non native(kano)

and knowing how the system operates,, I would depart . and depart so fast that my last dump in the

CR was still Fresh,,,  i use an example of a UK/british man ? TAYLOR? who has been held for

3maybe 4 yrs on "running an recruitment agency" and the case is still "pending"

or the JOY.. case. 1st they arrested the wrong person, kept this wrong person in jail for x amount of

days before, saying OPPS we made a mistake,,had this been in a 1st world judicial system,he would have some

recourse, at least a TRUE PUBLIC APOLOGY

 

Now the jails.. My only comment is,, would YOU want to be held in them if you was INNOCENT or 

felt that you had a good chance of winning the case after 2,4 or 5 yrs later.

 

 I value my health, and my freedom,

 

http://www.philippines-expats.com/topic/14082-banged-up-abroadphilippinesprisoner-of-love/

 

for those who are new. look at the above link. this can give some ideal of what the system and jails are like.

 

Now, other side, if I was a Filipino,w.some means of support (middle or upper class)

and i was considered a "suspect" OH :wt-hell: 

I would (again this is just my thoughts and a compilation of events /stories I have read over the yrs)

depart to a "honest" ,1st world judicial system and "wait" til they came looking for me,

and use that counties to prevent or delay my case.. example.

 

Oh they will     :728: me as its a political crime,

or claim asylum under some pretense... play the "bleeding heart card"

 

 

. I have toned down my post as not go TOO :444:  or cause my post to be deleted.

[i am bob]

I am always amazed at the number of people who flee a country while they are being investigated

or have been charged of a major crime and then don't think they should be extradited.

Does being charged with a crime mean that you are to give your brains a vacation?

Even if you truly didn't do the crime, why would you run away instead of fighting to prove that you are innocent?

I will try to play devils advocate on the last line..

with me knowing how the system is here,,,,

(not me personally but of thinking of this over the years and watching/reading how things occur)

If i was charged w/a offense or even considered a "suspect" and being non native(kano)

and knowing how the system operates,, I would depart . and depart so fast that my last dump in the

CR was still Fresh,,, i use an example of a UK/british man ? TAYLOR? who has been held for

3maybe 4 yrs on "running an recruitment agency" and the case is still "pending"

or the JOY.. case. 1st they arrested the wrong person, kept this wrong person in jail for x amount of

days before, saying OPPS we made a mistake,,had this been in a 1st world judicial system,he would have some

recourse, at least a TRUE PUBLIC APOLOGY

Now the jails.. My only comment is,, would YOU want to be held in them if you was INNOCENT or

felt that you had a good chance of winning the case after 2,4 or 5 yrs later.

I value my health, and my freedom,

http://www.philippines-expats.com/topic/14082-banged-up-abroadphilippinesprisoner-of-love/

for those who are new. look at the above link. this can give some ideal of what the system and jails are like.

Now, other side, if I was a Filipino,w.some means of support (middle or upper class)

and i was considered a "suspect" OH :wt-hell:

I would (again this is just my thoughts and a compilation of events /stories I have read over the yrs)

depart to a "honest" ,1st world judicial system and "wait" til they came looking for me,

and use that counties to prevent or delay my case.. example.

Oh they will :728: me as its a political crime,

or claim asylum under some pretense... play the "bleeding heart card"

. I have toned down my post as not go TOO :444: or cause my post to be deleted.

Actually I was referring to the o other way around... For those who run to the Philippines to hide. But your point is just as valid!

[Tukaram (Tim)]

....U.S. Secretary of State John Kerry...

 

Man, I am sure out of the loop!  I did not realize Mrs Clinton was replaced ha ha   The only news we get out here is the horrid TV Patrol!!! (cue the bad dramatic music)

[Markham]

the JOY.. case. 1st they arrested the wrong person, kept this wrong person in jail for x amount of days before, saying OPPS we made a mistake,,had this been in a 1st world judicial system,he would have some recourse, at least a TRUE PUBLIC APOLOGY

 

If you're talking about the "Ella Joy Pique" case, then Berger and Esdrelon - the first to be charged with Pique's disappearance and death - were not held in any jail; they were confined to a conference room at Police HQ. They were eventually released when the prosecution concluded that it did not have sufficient evidence to proceed with a trial. At no time has the prosecution even hinted that it made a mistake.