Thursday, December 28, 2023

The Harry Dunn Case Sequel Gets Off To a Slow Start But Shows Promise

It isn't the biggest international extradition case, but it's the only one we have right now, and it might yet offer a few tricky plot twists. 

Today a little bit of news came out on the matter of that American driver who left the UK before he could be charged in a traffic accident, all of it attributed to an interview with the driver's father.

Firstly, no one should ever talk to a hostile news media, any more than he should (voluntarily) talk to the authorities. I hope the father in the case will get that message. But, from what he said today we can confirm a few facts that were only hinted at weeks ago when this first became news.

The driver, Issac Calderon, is a private citizen who was working on a contract job in the UK - not further identified - which he obtained due to the security clearance he had been granted as a member of the Texas National Guard. He was released from that job after the traffic accident, leaving him unemployed in the UK. 

His former employer provided him a ticket home, possibly in accordance with whatever terms of employment he had with them. That employer is potentially a major party of interest in this case, if the accident occurred while Calderon was driving on company business, and especially if the employer owned the vehicle he was driving. If that is so, then there must be a UK insurance company involved, you might assume. 

Moreover, the driver was left indigent in the UK, having been released from his job by the time he got out of medical treatment for a concussion and other injuries. That puts a new spin on his decision to leave for home on 25 November rather than wait for a court appearance on 1 December. With no job and no money, was he supposed to live on the street while going through the UK's legal process? 

Here's the gist of the story:
The father of a US citizen who left the UK after being charged with causing a mental health nurse serious injury by dangerous driving has pleaded for donations after the FBI contacted the family about “extraditing him”.
Issac Calderon, 22, is accused of being responsible for a car crash in July which left 56-year-old Elizabeth Donowho unable to walk for six weeks.
Calderon was due to appear at Kidderminster Magistrates’ Court on December 1 following the incident on the A4103 near Shucknall in Herefordshire.
He was labelled a potential “flight risk” by police, but was able to leave the UK on a commercial flight to Texas on November 25.
A fundraiser has since been set up on the crowdfunding site GoFundMe by the suspect’s father, Manuel Calderon, in which the family are asking for 15,000 US dollars (£11,760) to help with legal fees.
Calderon’s father said the suspect was able to return to the US because “the company that contracted him purchased him a ticket”.
Manuel Calderon said his son, whom he called “Isac”, had been offered a contract job in the UK “due to his security clearance with the Texas National Guard”.
-- snip --
Calderon’s father said his son still has problems with concussion and a fractured humerus following the collision.
In his plea for donations on the crowdfunding page, he said: “My son was released from the contract job shortly after and could no longer support himself in the UK.
“He reported this to the court but they were not concerned with his financial problems. “My son was able to return home because the company that contracted him purchased him a ticket.”
-- snip --
Mr Calderon continued: “My concern for my son was for his wellbeing since at that time he had no funds and still needed his injuries to be looked at.”
Here are some FAQs regarding extradition courtesy of the U.S. Justice Department. It sounds like the process can get very prolonged, what with separate judicial and executive phases to be completed before the final decision is made by the SecState. 

And that SecState has quite a bit of latitude since, according to this publicly available source of information, he "may consider issues properly raised before the extradition court or a habeas court as well as any humanitarian or other considerations for or against surrender ... [and] also will consider any written materials submitted by the fugitive, his or her counsel, or other interested parties." 

Hum. Assume for a moment that all the UK tabloid gossip about 'activities coming under the Official Secrets Act' isn't complete nonsense after all. Were the SecState to find that some U.S. national security interest would be implicated by a trial of Calderon, he would then have to weight that in the balance against the non-fatal injuries done to the British motorist, which hardly rise to the level of serious international crime, after all. 

Throw in some humanitarian concern for our unemployed and convalescing Texas National Guardsman, plus practical consideration of the UK insurance settlement that we may presume to have been made to the victim, and who knows if he might not decline extradition?

Anyway, there would be enough of an argument there to fuel a good old rousing social media circus. 


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