Marine fighting extradition, could delay trial

updated 11:29 a.m. ET Oct. 14, 2008

JACKSONVILLE, North Carolina - A Marine who fled to Mexico shortly before he was charged with killing a pregnant fellow soldier is fighting extradition in a move that prosecutors said could delay or endanger the chances of him going to trial in the United States.

A North Carolina prosecutor said Monday that Cpl. Cesar Laurean, 21, is appealing to the Mexican courts, arguing that North Carolina's life-without-parole sentence for first-degree murder is barred under the countries' extradition treaty.

Laurean is charged in the slaying of 20-year-old Lance Cpl. Maria Lauterbach, who had worked with him at North Carolina's Camp Lejeune military installation and had accused him of rape. Lauterbach was eight months pregnant when she disappeared in December.

Laurean fled to Mexico shortly before Lauterbach's burned remains were found in January in Laurean's backyard, and he was arrested in Mexico in April.

Death penalty won't be sought
In North Carolina, a person convicted of first-degree murder can only be sentenced to death or life without parole.

Onslow County District Attorney Dewey Hudson has already agreed not to seek the death penalty, and a Mexican judge agreed last month to extradite Laurean back to the United States.

Laurean has appealed that ruling, in part arguing that life without parole is considered cruel and unusual punishment.

Hudson said the argument has been used unsuccessfully in the past, but if the Mexican court sides with Laurean, he could be released from jail.

"Common sense tells me if they're not going to deport him back to (the U.S.), my biggest concern is he could be released to live in Mexico," Hudson said.

It's unclear when the Mexican courts will consider Laurean's appeal. Laurean's attorney, Dick McNeil of Jacksonville, didn't immediately return a phone message, but has said Laurean filed the appeal this month.

Fight could last years
The extradition fight could delay his trial for several years, Hudson said.

Hudson said he has been in touch with the U.S. Department of Justice, which is in charge of the extradition, and they told him as much about the appeal as they know.

"It's basically a waiting game for me," he said. "We've done everything we can ... everything we've been asked to do. I don't wanna do anything that's gonna cause any problems here.

More from msnbc.com When's Palin leaving? Take our weekly quiz Looking at China unrest from Mongolian perch Adventures in Cancerland: Lust for life Red Tape: Credit card firms' new squeeze Elkhart Blog: Making sure health care isn't casualty

MORE FROM CRIME & COURTS

Crime & courts Section Front

Two held for murder in Fla. couple's slaying 2 convicted murders escape from Ind. prison Jackson: Cemetery investigation should expand FBI: Alamo's followers sell suspect goods Dead woman found in building duct was killed Ex-cons help at-risk youth avert conflicts Thousands swarm desecrated Illinois cemetery Scrub tech causes major hepatitis scare in Colo. Mo. man charged in quadruple killing Young hunter who killed hiker gets 30 days Crime & courts Section Front   Add Crime & courts headlines to your news reader: