US embassy cable - 04MADRID4316

UNCLAS MADRID 004316 
 
SIPDIS 
 
STATE FOR CA/OCS/ACS/EUR - STEVE SENA 
ALSO FOR L/LEI - K. PROPP 
JUSTICE FOR DOJ/OIA- D. ASHLEY 
 
E.O. 12958: N/A 
TAGS: CJAN, CPAS, KCRM SP (BERARDUCCI, CHRISTOPHER 
MICHAEL) 
SUBJECT: EXTRADITION CASE OF CHRISTOPHER MICHAEL 
BERARDUCCI 
 
REF: a) state 235881 
 
1. Christopher Michael Berarducci's surrender is 
getting strong press coverage in major newspapers in 
Spain. "El Mundo", one of Spain's leading newspapers 
states that Spain is going to surrender subject to the 
US without receiving the requested assurances. The 
publication quotes Post's dipnotes to show that US 
won't submit assurances against a life sentence in 
Nevada. 
 
2. The press reports that the subject's attorney stated 
on October 15, 2004 that Berarducci is going to be 
surrendered in the next 2 weeks, that subject will be 
handed over by Interpol and that he will travel in a 
commercial flight. US Marshals in country for the 
surrender have been advised of the developments. 
 
3. Post believes that it is possible the subject will 
file a petition for a writ of a Habeas Corpus before 
being handed to US authorities on Friday, November 12, 
2004.  His new attorney is well known as an aggressive 
defense lawyer. If they make this petition, for example 
at the airport, this would require that a judge come to 
the airport to affirm the lawful detention and 
surrender. 
 
4. Embassy will keep Department informed of 
developments in this case. 
 
ARGYROS