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Keywords

tortdefendantjurisdictionprecedentappealhearingverdicttestimonymotiondue processextraditionpiracy

tortdefendantjurisdictiontrialdue processinterrogation

Related Cases

U.S. v. Toscanino, 500 F.2d 267

Facts

Toscanino, an Italian citizen, was convicted in the Eastern District of New York for conspiracy to import narcotics. He alleged that he was kidnapped from Uruguay by American agents, tortured, and brought to the U.S. without lawful extradition. The only evidence against him was testimony from a co-conspirator, and he denied any involvement in the narcotics transactions. The district court denied his motion to vacate the verdict without a hearing, leading to his appeal.

Toscanino alleged that he had been kidnapped from his home in Montevideo, Uruguay, and brought into the Eastern District only after he had been detained for three weeks of interrogation accompanied by physical torture in Brazil.

Issue

Whether a federal court must assume jurisdiction over a defendant who is illegally apprehended abroad and forcibly abducted by government agents to the United States for prosecution.

The answer necessitates a review and appraisal of two Supreme Court decisions, heavily relied upon by the government and by the district court, Ker v. Illinois, 119 U.S. 436, 7 S.Ct. 225, 30 L.Ed. 421 (1886), and Frisbie v. Collins, 342 U.S. 519, 72 S.Ct. 509, 96 L.Ed. 541 (1952).

Rule

The court applied the principle that the government's power to prosecute a defendant is not impaired by the illegality of the method by which it acquires control over him, as established in Ker v. Illinois and Frisbie v. Collins.

Thus, under the co-called ‘Ker-Frisbie’ rule, due process was limited to the guarantee of a constitutionally fair trial, regardless of the method by which jurisdiction was obtained over the defendant.

Analysis

The court analyzed the allegations of Toscanino's kidnapping and torture, contrasting them with the precedents set by Ker and Frisbie. It noted that while those cases upheld jurisdiction despite illegal apprehension, the evolving interpretation of due process now requires courts to consider the means by which a defendant is brought into their jurisdiction. The court expressed concern that allowing prosecution under such circumstances would undermine the integrity of the judicial process.

In this case we may rely simply upon our supervisory power over the administration of criminal justice in the district courts within our jurisdiction.

Conclusion

The court concluded that due process requires a hearing on Toscanino's allegations of unlawful abduction and torture, and remanded the case for further proceedings.

Accordingly we view due process as now requiring a court to divest itself of jurisdiction over the person of a defendant where it has been acquired as the result of the government's deliberate, unnecessary and unreasonable invasion of the accused's constitutional rights.

Who won?

Francisco Toscanino prevailed in the appeal as the court recognized the need for a hearing on his allegations of unlawful abduction and torture.

The allegations include corruption and bribery of a foreign official as well as kidnapping, accompanied by violence and brutality to the person.

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