In Afanasjev v. Hurlburt, No. 04-13303 (July 26, 2005), the Court (Black, Hull, Hodges b.d.), the Court affirmed the denial of habeas relief under 28 U.S.C. § 2241, and upheld an order of extradition to Lithuania.
The Court rejected the argument that the unsworn 106-page Lithuanian indictment, which summarized statements made by victims and other witnesses, was insufficient evidence to establish probable cause for extradition. The Court stated that evidence presented for extradition need not be admissible at trial, pointing out that the unsworn statements of absent witnesses may be acted upon by the committing magistrate. The Court pointed out that the indictment lists the specific dates of events, the names of witnesses and victims, and the amount of money involved. The Court noted that the Magistrate compared witness statements with each fraud count, and ensured there was adequate evidence to support each count. The Court further noted that the fact of the defendants flight from Lithuania before trial on the fraud charges could also support probable cause.
