Smith bill would increase pressure for return of fugitives

When murderers and other convicted felons escape the United States, why is it so hard to bring them back? That question forms the nucleus of federal legislation re-introduced by New Jersey Representatives Chris Smith (R-12) and Albio Sires (D-8).

Thawing relations between Cuba and the United States brings the issue into sharp clarity for Smith, Sires and others for whom Joanne Chesimard is an open wound. She fled to Cuba in 1979 after breaking out of prison, where she was serving a sentence connected to the gunshot death of New Jersey State Trooper Werner Foerster.

Then, there is George Wright, who broke out of prison and landed in Portugal in 1970 after serving about eight years for killing Walter Patterson of Howell at a Wall Township gas station.

H.R. 2189, the Walter Patterson and Werner Foerster Justice and Extradition Act, would force the executive branch to file annual reports to Congress about fugitives from justice, inside and outside United States, and to explain what is being done to return them to the countries they're evading.

The brief would include the number of fugitives, repatriation efforts, the average time that such cases have been active, and Americans sought by other governments in the past five years and related extradition requests.

"This bill will force the Administration to shine a bright light on nations that harbor fugitives and build up U.S. efforts to extradite criminals who have escaped justice so far," Smith said in a prepared statement.

"As I have said many times before, the Administration should be pushing for the extradition of Joanne Chesimard and all fugitives that Cuba continues to harbor. This legislation takes steps towards extraditing fugitives that have evaded justice for far too long by hiding under the Castro brothers' protection," Sires added.

The bill has the full support of those whose lives remain impacted by the New Jersey tragedies.

"If George Wright had only served his sentence he would have been out of jail long ago. The lack of justice has been stressful on me and my family. It was very discouraging to think this case had just ended.  George Wright may never complete his sentencing, but this bill gives hope that a positive change may be made to prevent this from happening again," said Ann Patterson, who also testified about the case at the 2012 Helsinki Commission hearing that Smith chaired.

For New Jersey State Police Benevolent Association President Pat Colligan, every day that Chesimard is harbored in Cuba is another day of insult for the Foerster family and the American justice system.

Colligan contends that "...our nation must demand that Cuba return her to face her punishment. We fully support Congressman Smith's efforts and will be working with him to keep the heat on in this case."

The legislation also has the wholehearted support of Christopher Burgos, President of the State Troopers Fraternal Assocation of New Jersey.

Smith also authored the Cuba Human Rights Act of 2015 (H.R. 1782), which would require human rights reforms in Cuba and return of fugitives as a condition of any change in U.S. foreign policy regarding the island nation.