A Fairfax County bail bondsman is fighting Justice Department attempts to extradite him to Canada to face kidnap charges for his alleged role in the seizure last fall of a Toronto businessman accused in a Florida land fraud scheme.
Lawyers for the bondsman, Daniel J. Kear, 34, yesterday asked the U.S. District Court in Alexandria to block a Canadian government request, sent through the State Department, for Kear's return in the increasingly tangled case.
Kear's attorneys earlier convinced District Judge James C. Cacheris to stay a U.S. magistrate's ruling that Kear could legally be returned to Canada, thus preventing for the moment any final action by the State Department. Justice has 30 days to respond to yesterday's filing.
Kear and a self-described Florida "skip tracer," or bounty hunter, infuriated Canadian authorities last September by seizing the businessman, Stanley L. Jaffe, 56, outside his luxury Toronto condominium. Jaffe, wanted in Florida for jumping a $137,500 bond in the real estate case, was whisked across the border at Niagara Falls and flown in a private jet the same day to a Putnam County, Fla., jail.
Jaffe was later convicted on 28 counts in the land fraud case and a single count of jumping bond and is serving a 35-year sentence in a Florida state prison.
Embassy officials here, contending the seizure violated Canadian sovereignty and provisions of a U.S.-Canadian treaty governing extradition, have closely monitored court hearings involving Kear and his partner in the escapade, Timm Johnsen of Florida.