9/28/09 1:00 p.m.


by Virginia McCullough

Detective John Powers will return to California alone today. Multiple murder suspect Jimmy Hughes has taken the advice of his Miami based attorney Rene A. Sotorrio and will not waive extradition in Case No. F-09-031832, Miami-Dade County, 11th Judicial Circuit Court.

The burden now shifts to California State Deputy Attorney General Michael Thomas Murphy to draw up the extradition papers and obtain Governor Arnold Schwarzenegger’s signature on a formal demand for extradition accompanied by supporting documents. This demand will be submitted to the Governor of Florida Charlies Crist who will review the demand, and if he finds it valid, may issue his Governor's warrant of arrest.

The warrant will be executed and the papers will be submitted to the Miami-Dade County 11th Judicial Circuit Court.  Hughes will then be arraigned in court on the warrant and may challenge its validity by a writ of habeas corpus and may seek bail. Whether or not Hughes will be returned to California to face charges on suspicion of committing and conspiring to commit the murders of of Alfred "Fred" Alvarez. Patricia Roberta Castro, 44, of Long Beach and Ralph Arthur Boger that took place twenty-eight years ago, may depend upon the judge's ruling on any such habeas corpus petition.

Meanwhile Hughes remains in jail held on an "out of state warrant".

Virginia McCullough © 9/28/09