A decision by the High Court allowing a US lawyer access to documents relating to an application for her extradition to answer a murder charge is to be appealed by the State to the Supreme Court.
Ms Beth Ann Carpenter (34), a former public defender from Hartford, Connecticut, is being held in Mountjoy Prison on foot of US extradition warrants accusing her of capital felony murder, murder and conspiracy to murder her brother-in-law, Mr Anson "Buzz" Clinton. He was shot dead in Connecticut on March 10th, 1994.
During an extradition hearing in the Dublin District Court on February 9th last, an affidavit was presented in which Ms Carpenter's former colleague and lover, Mr Haiman Clein (56), said he had hired his cocaine dealer, Mr Mark Depres (37), to carry out the killing at Ms Carpenter's request.
Last June, Irish lawyers for Ms Carpenter successfully applied to the High Court to see documents and records in the State's possession relating to communications between the US government and the Irish Department of Justice. The High Court ordered the production of all communications concerning assurances relating to the implementation or non-implementation of the death penalty on Ms Carpenter should she be extradited to the US and convicted.
Ms Carpenter's solicitor, Mr Robert J. Eager, had stated in an affidavit that he believed the death penalty was carried out at an increasing rate in the US and it was vital to Ms Carpenter's case that all assurances given to the Minister for Justice on the issue be discovered.
Yesterday, Ms Aileen Donnelly, for Ms Carpenter, told the President of the High Court, Mr Justice Morris, that the State was appealing the High Court order to the Supreme Court. Mr Justice Morris adjourned the matter for four weeks.