[Congressional Record (Bound Edition), Volume 156 (2010), Part 11]
[House]
[Page 15421]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   THE FEDERAL GOVERNMENT SHOULD HELP

  The SPEAKER pro tempore. The Chair recognizes the gentlewoman from 
Texas (Ms. Jackson Lee) for 5 minutes.
  Ms. JACKSON LEE of Texas. Mr. Speaker, I rise this morning because 
three teenagers are dead.
  I have made a commitment as a mother to reconcile this horrific 
tragedy and to ask our government for help.
  I believe every American should have the opportunity to have the 
feeling that, when all else fails, our government will stand there and 
assist us where they can. Americans don't ask for handouts. They don't 
ask to have their lives interrupted. They simply want to know there is 
a Federal Government that can stand up for them. Whether or not it is a 
young man or woman in the United States military, whether or not it is 
a senior who needs Medicare or Social Security, we need to know that 
when there is a need that the Federal Government can fulfill, they will 
do so.
  In the middle of July in Houston, Texas, Sajan Tamalshina, a native 
of Nepal, decided to drive his car through a red light. In the course 
of that, he hit a family that were bringing their teenagers home from a 
legitimate night out in a legitimate teenage club, if you will, picked 
up by their parents and being driven home, as families will do across 
America. Rashaundra 17, Avianca 13, Detrihanna 13, were all happily and 
busily talking about the fun they just had, and the right way that it 
was done where the parents picked them up and took them home. But Sajan 
Tamalshina decided to drink and run the red light, and now three 
teenagers are dead, expelled from the car, laying on the hard cement.
  The police came and looked at the situation. He refused to take an 
on-scene Breathalyzer, so he was taken to the hospital and, as you well 
know, chemical tests go about. The police even called the District 
Attorney who came to the scene and decided that he could be released. 
My heart aches for that decision, because I asked the question, Mr. 
Speaker, three dead children on the ground does not at least require 
some common sense and judgment to hold someone overnight? Parents are 
asking now for justice and I am asking our Nation for justice.
  The police department said they contacted the U.S. Marshal. There is 
an investigative arm of the State Department, but yet we look like the 
most powerful Nation in the world, and we have our hands tied. You 
cannot reach the U.S. Marshal's office. They will not respond. They are 
talking about maybe something will happen. Because he is in Nepal, 
there is no diplomatic relationships with them.
  Three teenagers are dead. The letter says, ``Unfortunately, the 
United States does not have a treaty with Nepal that can serve as a 
basis to secure Mr. Tamalshina's extradition. In some cases, in the 
absence of an extradition treaty, countries may be able to expel or 
otherwise remove from their territory persons wanted for prosecution in 
another jurisdiction. However, expulsion or removal usually are not 
viable options when the person sought is a national of a country of 
refuge.'' As Mr. Tamalshina appears to be a national of Nepal, it is 
highly likely that an expulsion or other removal from their country 
will be possible.
  The Department's criminal division works closely with Federal, State, 
and local prosecutors and the Department of State to seek the 
extradition or other lawful return of fugitives wanted for prosecution 
in the United States. In cases involving State charges, we can initiate 
an extradition only upon request of the State prosecutors. Prosecutors 
in our criminal division have worked with the Harris County District 
Attorney's Office on fugitive matters and we have discussed this case. 
Just a benign conversation. It doesn't matter. Three teenagers are 
dead.
  Well, I say to the Justice Department, wake up and do something. The 
U.S. Marshal needs to stop hiding from my office and get over to my 
office to discuss why you can't do something. You can engage in 
diplomatic dialogue. You can ask the country of Nepal to be able to 
work with you to return this individual. He will not be getting the 
death sentence. Maybe 60 years. You are leaving crying parents with no 
justice because you let someone go.
  To the district attorney of Harris County, what a ridiculous thing to 
see three dead bodies and refusing to hold an individual whose alcohol 
was 1.27 to 1.62. He is legally drunk. The legal amount is 0.8. When 
are we going to understand that drunk driving can cause death? And to 
those of you who drive while drinking or drive under the influence, you 
are a menace to society.
  Three dead teenagers. I am calling on the Justice Department and the 
Attorney General of the United States to recognize that they are here 
to protect the people of the United States, and these three dead 
teenagers are in need of their protection in their loss, and their 
families want justice. I am asking for the U.S. Marshal to show up and 
work with us to do something on behalf of these Americans and these 
families that are mourning.

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