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Blakeney appeals US judge's extradition ruling

Jahmel Blakeney

Bermudian Jahmel Blakeney has appealed his extradition from the US to face a trial over a double shooting on the Island.Mr Blakeney, the son of Cabinet Minister Glenn Blakeney, flew to the US while on bail over the shooting of Shaki Minors and his pregnant girlfriend Renee Kuchler.US Marshals arrested him in a New York apartment in June last year.Since then he has remained at the Metropolitan Detention Center in Brooklyn while he fights the extradition.On November 19, 2010, US Magistrate Judge Steven Gold granted the extradition and said the Bermuda Government had provided “sufficient evidence to establish probable cause” and “the proof submitted by the Government is sufficient to support its extradition request”.But Mr Blakeney’s lawyer Michael Schneider appealed that decision on December 7 and said there was no evidence to support the probable cause finding for extradition.On December 28 New York District Attorney Loretta Lynch said his appeal is without merit and should be rejected.In a written submission, supplied by the District Attorney to The Royal Gazette, she stated: “The function of the extraditing Magistrate is not to decide guilt or innocence but merely to determine whether there is competent legal evidence...which would justify the defendant’s apprehension and commitment for trial if the crime had been committed in that state.“Magistrate Gold found that the proof put forward by the Government met the limited threshold of probable cause as required and is sufficient to support extradition.”She added that under the extradition agreement between the US and Bermuda extradition can only take place if the offence is punishable in both jurisdictions for more than a year.She added: “Even if the two states’ laws are not identical, as long as the essential character of the transaction is the same and is made criminal by both states, it is sufficient to establish dual criminality.”A spokesman for the New York District Court said a decision on the appeal would be made shortly.Mr Blakeney and Sanchey Grant, 19 from Warwick, were both arrested in connection with the shooting the day after it happened.He was bailed and flew to the US; he was charged in his absence on April 26. Mr Grant was charged for the same incident on April 22.The Royal Gazette is not publishing the details of the case set out in the court papers for legal reasons, due to the pending jury trial of Mr Blakeney and Mr Grant in Bermuda.That trial has been provisionally slated for April 18.