The Palm Beach Post

Extraditio­n in Boca case turns on parole

N. Ireland judge wants clarity about Jonah Horne’s parole chance.

- By Eliot Kleinberg Palm Beach Post Staff Writer and John Cassidy Special to The Palm Beach Post

British diplomats might become involved in the case of Jonah Horne, the 23-year-old Palm Beach Gardens man who’s been in a Northern Ireland jail awaiting possible extraditio­n on murder charges.

Boca Raton police allege Horne and Matthew Lewis, now 25, of Jensen Beach, fatally shot Jacob Walsh, 25, of Jupiter, on June 7, 2016. Police say the three struggled during a drug deal at the San Marco at Broken Sound apartment complex at Military Trail and Yamato Road in Boca Raton.

Lewis pleaded guilty in May in Palm Beach County and awaits

sentencing. But Horne has been in a Belfast-area jail while two

nations wrestle over his fate. Jacob Walsh’s mother, Pat Walsh, has said she wants Horne returned to Florida.

On June 29, a judge in Belfast ruled she is in no hurry to send Horne back unless authoritie­s in Palm Beach County can clarify whether he faces the possibilit­y of a life sentence without parole.

The judge said if she doesn’t get a satisfacto­ry answer she will ask the British Home Office — the counterpar­t of the U.S. State Department — to intervene.

Press officials of the Home Office in London didn’t immediatel­y respond to an inquiry. A call to Sean Doherty, the defense barrister, was referred to a spokespers­on for the Bar of Northern Ireland, who said attorneys and barristers there are not permitted to discuss ongoing cases.

There’s no hard and fast time limit for extraditio­n cases, and 15 months certainly isn’t unusually long, said Joshua L. Dratel, a New York attorney who’s handled numerous extraditio­n cases. He said last week he’s seen cases drag for seven or eight years, and in one case, 12 years.

Extraditio­n disputes

He wasn’t familiar with the Horne case, and couldn’t comment on it specifical­ly, but he did say the United States and United Kingdom try to work out extraditio­n disputes. But not always.

“That’s one of the things the government­s rely on, is the notion that there’s going to be this reciprocit­y. If it happened here and we were sending someone back there, they wouldn’t want us to make a decision that would deprive the right to prosecute,” Dratel said.

But, in the case of the United Kingdom, “If you were trying to do it from a country in which the relations with the U.S. were much more arm’s length and not as inter dependent, you might get a different kind of evaluation. On the other hand, the UK has a very strong civil rights record.”

At the June 29 hearing in Belfast, defense barrister Doherty read a letter by a Palm Beach County assistant public defender.

In the letter — independen­tly obtained Tuesday from the public defender’s office by The Palm Beach Post — Scott T. Pribble told the Belfast judge that if Horne is convicted in Florida, a judge is required to sentence him to between 25 years and life.

“If the judge imposed a life sentence (which is not at all uncommon in second-degree murder cases), then Mr. Horne would live out the rest of his life in prison without any eligibilit­y for parole or early release of any kind,” Pribble wrote.

Judge seeks clarity

He said the only exceptions were either a gubernator­ial pardon or a compassion-based parole for a dying prisoner.

“The bottom line is that a life sentence in Florida actually means life,” Pribble wrote. “Inmates sentenced to life sentences will die in prison.”

The judge also received two letters from Palm Beach County Assistant State Attorney Lauren Godden. She contended a life sentence is not mandatory in a conviction, and Horne may appeal or seek a pardon and that he could receive some medical-related clemency. She did not elaborate.

Those letters were not made available in Belfast. In West Palm Beach on Tuesday, a spokesman for the Palm Beach County State Attorney said Tuesday the letters are exempt from disclosure because the investigat­ion remains open until and unless Horne returns to Palm Beach County.

The Belfast judge, Patricia Smyth, said the letters from the Palm Beach County prosecutor weren’t clear enough for her satisfacti­on.

“I am also anxious that there should be complete clarity, and that I understand exactly what the requesting state is saying. And in the repeated correspond­ence I have been unable to have that sense of reassuranc­e,” Smyth told lawyers.

No date for hearing

Barrister Stephen Ritchie,

Should extraditio­n be denied, the judge could set Jonah Horne free, a lawyer says.

representi­ng U.S. interests, said the letters were clear that, even if sentenced to life without parole, Horne had the opportunit­y to petition for a reduced sentence. The judge said that wasn’t the same as an assurance and asked Ritchie to say so to authoritie­s in Palm Beach County.

Ritchie suggested Smyth instead ask the Home Office to step in, saying, “It may carry much more weight if your honor has a list of concerns that you feel could be answered.’’

Smyth adjourned the hearing to await more correspond­ence from Palm Beach County. She did not set a date for a new hearing.

Horne’s lawyers in Northern Ireland earlier had tried to block extraditio­n by citing a United Kingdom-U.S. treaty ratified in 2007 that says British courts “may refuse extraditio­n unless the Requesting State provides an assurance that the death penalty will not be imposed or, if imposed, will not be carried out.” It likely won’t be an issue.

Boca Raton police said in March they would charge Horne and Lewis with second-degree murder, which could mean life sentences but precludes the death penalty. Another lawyer for Horne said in March 2017 in a Belfast Court that Horne fled across the ocean for love, not to escape justice. A lawyer representi­ng U.S. interests challenged that assertion.

Horne could go free

The fact that potential sentences of death and life without parole have held up the extraditio­n is not unusual, New York lawyer Dratel said. He said he wouldn’t be surprised if prosecutor­s agree to preclude both in order to satisfy the Belfast judge and get Horne back to Florida.

Dratel also said denials of extraditio­n can be appealed, although “that doesn’t mean you’re going to get a different result,” But he also said that, should extraditio­n be denied, the judge could set Horne free. But he’d be free only in Northern Ireland, or perhaps just the U.K., unable to leave because once he set foot in another country, he could be seized and put through extraditio­n all over again.

Authoritie­s detain ed Horne on March 13, 2017, in nearby Lisburn at the home of a woman he’d met while she was working in America and who was pregnant with their child, since born. He has been housed in Maghaberry Prison, 20 miles southwest of Belfast.

Efforts to locate Horne’s parents for comment have been unsuccessf­ul.

 ??  ?? Jonah Horne (left) and one other man are accused of killing Jacob Walsh (right) in 2016 during a drug deal gone bad.
Jonah Horne (left) and one other man are accused of killing Jacob Walsh (right) in 2016 during a drug deal gone bad.
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