Arellano defense calls extradition lapse a ploy

They say it boosts death penalty odds
By Kelly Thornton
UNION-TRIBUNE STAFF WRITER
May 8, 2007

DOWNTOWN SAN DIEGO – Lawyers for alleged drug lord Francisco Javier Arellano Félix suggested yesterday that the U.S. government intentionally bungled the extradition of his brother, Benjamín, to bolster its ability to seek the death penalty against Javier.

Javier Arellano was taken into custody by U.S. officials in August and is facing drug, racketeering, conspiracy and money-laundering charges in San Diego that could result in the death penalty. But Benjamín Arellano – considered the kingpin of the organization until his arrest in 2002 – would not face the same punishment here because Mexico only extradites its citizens on condition that they not face the death penalty.