A federal appeals court ruled yesterday that a Fairfax County bail bondsman may be extradited to Canada to face charges of kidnaping a Canadian businessman wanted in Florida in a land fraud case.
The decision in the case of Daniel J. Kear is expected to be appealed to the U.S. Supreme Court. If that appeal were denied, the president would approve or block the extradition, acting on advice from the State Department, Kear's lawyer, J. Flowers Mark, said yesterday.
The State Department blocked extradition to Canada in the only recent case involving that country, Mark said, even though the Supreme Court ruled extradition was warranted under U.S.-Canadian treaties.
In yesterday's decision, Judge Francis D. Murnaghan Jr. of the U. S. Fourth Circuit Court of Appeals wrote that while bail bondsmen "enjoy extraordinary powers to capture" bail jumpers in this country, they have no such power in Canada. The court concluded that Kear violated Canadian sovereignty and should be extradited.
Kear and a professional bounty hunter, posing as Canadian policemen, seized 56-year-old Canadian businessman Stanley L. Jaffe in the lobby of his high-rise Toronto condominium last September, whisked him across the border at Niagara Falls and then flew him in a private plane to Florida. Jaffe was subsequently convicted and is now serving a 35-year sentence for land fraud in a Florida prison.