All stages of an extradition hearing for Rosemarie Bodden-Delatorre, a woman wanted in the U.S. on fraud charges, were completed on Wednesday morning except for the last one, prompting Magistrate Grace Donalds to adjourn the matter until Tuesday, April 24.
Director of Public Prosecutions Cheryll Richards had produced all of the documents and oral evidence to show why Ms. Bodden-Delatorre, 60, should be extradited at the request of the United States.
Defense attorney Jonathon Hughes agreed that the various steps in the procedure were being followed and he did not object to any of the evidence. At the final stage, however, he requested that the court exercise its power to adjourn the matter.
The final stage for the magistrate conducting the hearing is to address any human rights considerations, both sides agreed. If it appears that the defendant’s physical or mental condition is such that it would be “unjust or oppressive” to extradite that person, then the court may adjourn or discharge the matter.
Mr. Hughes handed up a copy of a medical note which he had provided to Ms. Richards earlier this week. It said Ms. Bodden-Delatorre should refrain from travel for 60 days due to illness.
Ms. Richards said it was most unsatisfactory to get a one-line note two days before the hearing that says the defendant should refrain from traveling, while there was no medical report for the court to look at.
She pointed out that there had been two previous hearing dates set. She asked that, if the court were going to grant an adjournment, then a medical report should be provided.
Mr. Hughes said he shared Ms. Richards’s frustration, but the delay was not anybody’s fault.
“We are dealing with someone’s health that is deteriorating,” he told the court, detailing reasons for lack of a report at this time. He suggested the court adjourn the matter until Ms. Bodden-Delatorre’s condition stabilized.
Ms. Bodden-Delatorre began to cry and said, “I want to stay home with my family.”
Mr. Hughes said there was concern for her physical and mental condition and he wanted to obtain a psychologist’s report.
The magistrate set dates for a report to be obtained and shared with the prosecution. She continued Ms. Bodden-Delatorre’s bail until April 24.
The matter first came to court in Cayman on Aug. 31, 2017.
Ms. Bodden-Delatorre is accused of theft, forging checks and fraudulently using an ATM card between 2006-08 to a total of more than $70,000. The alleged victim was an elderly woman she had been caring for in Hawaii.
A warrant for her arrest was issued after she failed to attend a jury trial in September 2011 in Hawaii.
As part of the hearing on Wednesday, Ms. Richards called on the police officer who had arrested Ms. Bodden-Delatorre in Cayman in order to confirm the defendant’s identity. The officer said Ms. Bodden told her that she was innocent – that it was her employer’s daughter who had been making her withdraw cash from her employer’s bank account.
The officer also advised that Ms. Bodden-Delatorre had said she had destroyed her U.S. passport because she was not going to go back to the United States. A relative subsequently brought her Cayman/British passport.