[Congressional Record (Bound Edition), Volume 145 (1999), Part 13]
[Senate]
[Pages 19020-19021]
[From the U.S. Government Publishing Office, www.gpo.gov]



  SENATE RESOLUTION 171--EXPRESSING THE SENSE OF THE SENATE THAT THE 
PRESIDENT SHOULD RENEGOTIATE THE EXTRADITION TREATY BETWEEN THE UNITED 
            STATES OF AMERICA AND THE UNITED MEXICAN STATES

  Mr. TORRICELLI submitted the following resolution; which was referred 
to the Committee on Foreign Relations:

                              S. Res. 171

       Whereas, under the Extradition Treaty Between the United 
     States of America and the United Mexican States, Mexico 
     refused to extradite murder suspect and United States citizen 
     Jose Luis Del Toro to the United States until the State of 
     Florida agreed not to exercise its right to seek capital 
     punishment in its criminal prosecution of him;

[[Page 19021]]

       Whereas under the Extradition Treaty Mexico has refused to 
     extradite other suspects of capital crimes; and
       Whereas the Extradition Treaty interferes with the justice 
     system of the United States and encourages criminals to flee 
     to Mexico: Now, therefore, be it
       Resolved,

     SECTION 1. SENSE OF THE SENATE REGARDING THE RENEGOTIATION OF 
                   THE UNITED STATES-MEXICAN EXTRADITION TREATY.

       It is the sense of the Senate that the President should 
     renegotiate the Extradition Treaty Between the United States 
     of America and the United Mexican States, signed in Mexico 
     City in 1978 (31 U.S.T. 5059), so that the possibility of 
     capital punishment will not interfere with the timely 
     extradition of criminal suspects from Mexico to the United 
     States.

  Mr. TORRICELLI. Mr. President, I rise today to introduce a resolution 
regarding our extradition treaty with Mexico. This resolution expresses 
the sense of the Senate that the United States renegotiate our 
extradition treaty to allow for the possibility of capital punishment. 
The case of Jose Luis del Toro has made the need for this resolution 
clear.
  When Sheila Bellush was brutally murdered in November 1997, her 
accused murderer, Jose Luis del Toro, fled to Mexico to escape 
prosecution in the United States. From this time forward, there has 
been little consolation for the Bellush family, and a great deal of 
hardship. While Del Toro was apprehended in Mexico just 13 days later, 
a nightmare of government delays and roadblocks prevented his 
extradition to the United States.
  The details of Sheila Bellush's murder are shocking. By all accounts, 
her four 23-month-old quadruplets probably witnessed their mother's 
murder, and wandered around in her blood trying to wake her up for as 
many as 4 or 5 hours before the 13-year-old daughter came home from 
school and found Mrs. Bellush's body.
  There is overwhelming evidence that Del Toro was involved in the 
murder. The Sarasota police believe that he was, in fact, the gunman in 
a murder-for-hire scheme. Del Toro's cousin works at a golf course 
where Bellush's ex-husband plays golf. That cousin and one of the ex-
husband's golfing partners have been arrested as co-conspirators. On 
the day of the murder, Del Toro asked directions to the Bellush house 
and left a clear fingerprint at the scene. He had directions to the 
Bellush house in his car, which was seen near the crime, and he stayed 
in a nearby motel, where a .45 caliber bullet was found, like the one 
used in the murder.
  The Mexican government refused his extradition unless the United 
States agreed to waive the death penalty. Amazingly, we approved such a 
provision in the U.S.-Mexico Extradition Treaty of 1978. This agreement 
allows Mexico the right to refuse extradition if the death penalty may 
be applicable in the case. In the Bellush case, this provision allowed 
Del Toro to evade prosecution for over a year while awaiting his 
extradition.
  I became involved in this case when Jamie Bellush moved their six 
children to Newton, New Jersey, and sought my help with Del Toro's 
extradition. I was in constant contact with the Justice and State 
Departments and the Mexican Embassy urging them to move quickly in 
returning Del Toro. The Mexican Government has since honored our 
request, and extradited Mr. Del Toro to Florida to stand trial. 
However, I believe that the U.S. should still move to renegotiate our 
extradition treaty with Mexico and prevent this unfortunate series of 
events from happening to other families in the future. I look forward 
to working with this Congress to pass this resolution.

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