Prosecutive report + Buffalo clips · p.97
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FD-350 (Rev.12-5-78)
(Mount Clipping in Space Below)
Transrer of Irish
Nationalist
Spurs Lawyer to Seek Schedule
By Jim McAvey .
eral facilities including Lewisburg.
.and James Kelly, natives of Ireland
Pa. but all of the prisons except
now living in St. Catharines, Ont.,
COURER·EXPRESSSTAFFREPORTER
Otisville refused to take an unsen-
were charged with attempting to
tenced prisoner.
smuggle Ellis and Howell into the
U.S. Attorney Roger P. Wiliams
Unites States..
and Robert M. Murphy, afttormey for
keep him,'.Williams said.
The INS had held all ot the sus-
Irish nationalist Desmond Ellis,
pects wihtout bail until their attor-
agreed in court yesterday to at. : He said, however, that Elis could
neys filed writs of habeas corpus.
tempt to work out a schedule to ena.. be kept again at the Erie County
TheINScontendedthecourtshad
s , d i um s o
no jurisdiction in the case but Judge
Dever it is necessary.
·riods, perhaps two or three days" f
Curtin ruled the courtdid andstates
Ellis, 29, was arrested Feb. 6 and' and when he was brought here to
that the INS had exceeded its discre-
.charged with attempting to enter confer with Murphy.
tionary power in the case.
.the United States illegally trom.Ca-
nada.He had been jailed at the Erie
neystoattempttoworkouta
schedule under that arrangement.
bring the defendants before him on!
County Correctional Facility in Ald-
In another deveiopment yester-
Feb.2 and said he wouid set bail
en until Monday when he was moved
for them at that time.
. to the federal prison in Otisville by
day, Assistant U.S.Attorney Jack S.
.But before the hearing. the INS
..U.S. marshals.
Penca filed a motion.asking federal
ordered the defendants temporarily
Last week Ellis applied to the Im-
Judge John T.Curtin to reconsider
excludedfrom theUnitedStatesand
migration and Naturalization Ser-
his decisions regarding Ellis and the
they were bailed out and returned to
.vice here for political asylum....
four men arrested with him on Feb.
Canada.
Murphy filed a motion yesterday - 6.
.
ThemotionfiledbyPencayester-
.asking U.s. District Court Judge.
口
day is scheduled to come before
John T. Elfvin to order Ellis' return'. .. Edward Howell, 34, of Belfast,
Judge Curtin March 10. It asks the
to Buffalo or theBuffalo areaso thatwas chargedwithEllis of attempt-
court to rule that the courts do not
he could.confer with him'when
ing to enter theUnited states illegal-
have jurisdiction in cases in which
necessaryonboththecriminal
ly, William O'Neill,-William Giroy
the INS is detaining illegal aliens.
charge and his application for asy-
lum.
Murphy said he could niot possibly
travel the approximately 30 miles
to Otisville toconfer withElliseach
time he had to. Otisville is about 50
miles west of New York City near
the New Jersey border..
William said Ellis was moved be-
cause thefederal government's con-
tractwithErieCounty to housefed
eral prisoners had expired as had
similar contracts with other coun-
ties in theWestern newYork area.
Williams said efforts had been
made to have Ellis held at other fed.·
. Len
(Mount Clipping in Space Below)
Transrer of Irish
Nationalist
Spurs Lawyer to Seek Schedule
By Jim McAvey .
eral facilities including Lewisburg.
.and James Kelly, natives of Ireland
Pa. but all of the prisons except
now living in St. Catharines, Ont.,
COURER·EXPRESSSTAFFREPORTER
Otisville refused to take an unsen-
were charged with attempting to
tenced prisoner.
smuggle Ellis and Howell into the
U.S. Attorney Roger P. Wiliams
Unites States..
and Robert M. Murphy, afttormey for
keep him,'.Williams said.
The INS had held all ot the sus-
Irish nationalist Desmond Ellis,
pects wihtout bail until their attor-
agreed in court yesterday to at. : He said, however, that Elis could
neys filed writs of habeas corpus.
tempt to work out a schedule to ena.. be kept again at the Erie County
TheINScontendedthecourtshad
s , d i um s o
no jurisdiction in the case but Judge
Dever it is necessary.
·riods, perhaps two or three days" f
Curtin ruled the courtdid andstates
Ellis, 29, was arrested Feb. 6 and' and when he was brought here to
that the INS had exceeded its discre-
.charged with attempting to enter confer with Murphy.
tionary power in the case.
.the United States illegally trom.Ca-
nada.He had been jailed at the Erie
neystoattempttoworkouta
schedule under that arrangement.
bring the defendants before him on!
County Correctional Facility in Ald-
In another deveiopment yester-
Feb.2 and said he wouid set bail
en until Monday when he was moved
for them at that time.
. to the federal prison in Otisville by
day, Assistant U.S.Attorney Jack S.
.But before the hearing. the INS
..U.S. marshals.
Penca filed a motion.asking federal
ordered the defendants temporarily
Last week Ellis applied to the Im-
Judge John T.Curtin to reconsider
excludedfrom theUnitedStatesand
migration and Naturalization Ser-
his decisions regarding Ellis and the
they were bailed out and returned to
.vice here for political asylum....
four men arrested with him on Feb.
Canada.
Murphy filed a motion yesterday - 6.
.
ThemotionfiledbyPencayester-
.asking U.s. District Court Judge.
口
day is scheduled to come before
John T. Elfvin to order Ellis' return'. .. Edward Howell, 34, of Belfast,
Judge Curtin March 10. It asks the
to Buffalo or theBuffalo areaso thatwas chargedwithEllis of attempt-
court to rule that the courts do not
he could.confer with him'when
ing to enter theUnited states illegal-
have jurisdiction in cases in which
necessaryonboththecriminal
ly, William O'Neill,-William Giroy
the INS is detaining illegal aliens.
charge and his application for asy-
lum.
Murphy said he could niot possibly
travel the approximately 30 miles
to Otisville toconfer withElliseach
time he had to. Otisville is about 50
miles west of New York City near
the New Jersey border..
William said Ellis was moved be-
cause thefederal government's con-
tractwithErieCounty to housefed
eral prisoners had expired as had
similar contracts with other coun-
ties in theWestern newYork area.
Williams said efforts had been
made to have Ellis held at other fed.·
. Len