WHAT HAPPENED TO HENRY FISCHBACHER WIFE KILLER

3 ANSWERS

1. Guest12916973
   

   The Canadian court has approved his extradition back to US. See article at this address http://www.azstarnet.com/metro/313610

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2. Guest11954016
   

   On October 16.2009 the Supreme Court of Canada by a vote of 9-0 ruled Mr Fischbacher be extradited to the USA to stand trial for murder. There is no appeal on this judgement

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3. Arslan Masaud
   

   Hello A Canadian court quashed the extradition of an Arizona man accused of murdering his wife in 2006 because U.S. authorities failed to show the killing was premeditated. Canada's Justice Minister was wrong in March when he ordered Henry Fischbacher deported to face trial on a first- degree murder charge in Arizona after a Canadian court found there was only enough evidence to hold him on a second-degree murder charge, the Court of Appeal for Ontario ruled today. Under the extradition treaty between Canada and the U.S., a suspect can be extradited only if there is enough evidence to warrant a trial in the country the person is found in, on the charges for which that suspect is wanted. Justice Minister Robert Nicholson said that in Canada first- and second-degree offenses weren't different and the classification was only for sentencing, an assertion dismissed by the court. ``The injustice lies in the surrender of the applicant on the Arizona charge of first-degree murder when no evidence to support an essential element of that charge was led,'' Judge David Doherty wrote on behalf of the three-member appeal court panel. ``It is no answer to that injustice to observe that in Canada first and second degree murder are but two categories of the substantive crime of murder.'' Doherty said there are ``substantive differences between the two levels of murder'' with more severe penalties for first- degree murder. 2006 Killing Fischbacher is accused of killing his wife Oct. 5, 2006, at their home in Tuscon, Arizona, by striking her with a flashlight several times and, after she fell unconscious, dragging her to a backyard swimming pool and holding her under water. A grand jury indicted Fischbacher the same month and U.S. officials requested his extradition in December 2006. Doherty ordered the minister to reconsider the case and take the court's order into consideration. ``The decision is being studied,'' justice department spokeswoman Carole Saindon said in an e-mail. ``No decision has been made with regard to a possible appeal.'' The case is Between Minister of Justice of Canada and Henry Fischbacher, C48582, Court of Appeal for Ontario (Toronto Thanks

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