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The Honolulu Advertiser
Posted on: Saturday, October 21, 2006

Mexican court throws 'Dog' a bone

By Ken Kobayashi
Advertiser Courts Writer

Duane "Dog" Chapman attended a Honolulu press conference yesterday with his wife, Beth, and his lawyers, Brook Hart and William Bollard, right. Bollard was explaining the status of Chapman's case.

BRUCE ASATO | The Honolulu Advertiser

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Lawyers for Duane "Dog" Chapman expressed confidence yesterday that they'll be able to resolve his criminal case in Mexico, which would mean he would not have to be extradited to that country.

Chapman faces a charge of deprivation of liberty in connection with his capture of convicted rapist and fugitive Andrew Luster in Puerto Vallarta, Mexico, in 2003.

But William Bollard, an attorney from Irvine, Calif., who has been working with Mexican lawyers, said a federal court in Mexico issued an order Tuesday halting any criminal proceedings until a hearing to review challenges by Chapman, his son and an associate.

"We have a very high degree of confidence that we will be able to successfully defend against those charges," Bollard said.

The resolution would then result in the Mexican government withdrawing the pending request in federal courts here to extradite the three to Mexico, the lawyer said.

Bollard spoke at a press conference at the Neal Blaisdell Center exhibition hall that also included Brook Hart, Chapman's Honolulu attorney; Chapman; and Chapman's wife, Beth, to explain the status of the cases against the three men.

Chapman told reporters that dealing with the extradition request has been "terrible" for him. "It's like the hunter has become the hunted," he said.

But he said once his case is resolved, he hopes to return to Mexico and "chase down" felons.

Chapman said some think they can avoid capture by going to Mexico. But once the case is resolved, he said he wants to return and capture the fugitives.

"We will be vindicated because we did the right thing," Beth Chapman said.

Duane Chapman, his son Leland Chapman and Tim Chapman (no relation) were arrested by Mexican authorities the morning of June 18, 2003, after they had caught Luster, who had fled from California six months earlier. Luster was later sent back to California where he is serving a 124-year prison term.

The three posted bail, then later left Mexico. Last month, they were arrested here and held overnight at the Federal Detention Center before they were released on bond.

The arrests have sparked a nationwide protest by supporters trying to halt the extradition of the popular star of the bounty hunter reality TV series and the two other men.

The Chapmans' attorneys also said they were providing the Mexican court with evidence that the three were not trying to leave Mexico with Luster, but were headed to a Mexican police station to turn him in when they got arrested.

Hart said Duane Chapman thought he could legally arrest Luster under the Mexican constitution because Luster had violated Mexican law by entering the country under a false name. In addition, the Chapmans were with a man they believed was an on-duty Mexican police officer when they caught Luster, and they later left the country on the "faulty" advice of a Mexican lawyer who told them they could leave, Hart said.

Bollard said the lawyer later asked for $250,000 and said if they didn't pay him, their legal problems would get worse. Bollard identified the lawyer as Jorge Garza Morales, but said they haven't confirmed that he had a license to practice law.

Hart also said the local Mexican authorities did not have a "significant appreciation" of Luster, who was going to Mexican nightspots and bars and essentially doing the same thing that got him convicted in California. The lawyer said Mexican authorities later found date rape drugs among Luster's belongings at a hotel and in his vehicle.

Bollard said he was seeking a dismissal of the charges, or at least a resolution that might include paying a fine.

The charges against the three each carry a prison term of six months to four years, he said.

The Chapmans' lawyers said the U.S. Attorney's Office in Hawai'i has been cooperative in pushing back the extradition case to give them a chance to resolve the Mexican charges.

Assistant U.S. Attorney Larry Butrick said its office went along with a request by the Chapmans' lawyers for a postponement.

"Hopefully, they can resolve it," he said.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.