Suspected terrorist wanted by FBI could face ‘90-year sentence’ – hearing

A suspected terrorist wanted by the FBI for more than two decades before being detained in Wales could face a “90-year sentence”, his extradition hearing heard.

Daniel Andreas San Diego, 47, was one of the US agency’s “most wanted fugitives” after two bombings in the San Francisco area of California in 2003.

He was detained by officers from the National Crime Agency, supported by Counter Terrorism Policing and North Wales Police, at a property in a rural area next to woodland in Conwy on November 25.

San Diego appeared at Westminster Magistrates’ Court for his extradition hearing on Monday wearing a white shirt and a green tie.

On August 28 2003, two bombs exploded about one hour apart on the campus of the Chiron biotechnology corporation in Emeryville, California, the FBI previously said.

Then, on September 26 2003, one bomb strapped with nails exploded at the Shaklee nutritional products corporation in Pleasanton, California.

San Diego was indicted in the United States District Court, Northern District of California, in 2004, charged with causing damage by explosives at Chiron and Shaklee, and possession of explosives during the alleged offences.

Under a subsequent indictment, new counts were added including charges of “using or carrying an explosive device to commit a felony”, the extradition hearing heard.

Defending, Mark Summers KC said: “Through this second indictment the prosecutor has created a situation for the judge where they will need to impose at least 35 years in the event of conviction in due course.

“The guidelines would say 37-39 years – there’s no parole so the defendant would have to serve that.

“And if the prosecution can persuade the judge to impose a terrorism enhancement as well, then the guidelines say he’s got to give a 90-year sentence.”

Asked how the terrorism enhancement could be established, David Patton, an expert on American criminal law, told the court: “You would have a hearing in advance of sentencing and a determination about whether or not the enhancement applied would be made by the judge based on a preponderance of the evidence as opposed to beyond reasonable doubt.

“It could be established through much looser evidential means than are permitted at a jury trial.

“For instance, a common possibility is that hearsay could be used at such a hearing that would otherwise be inadmissible at trial.”

Mr Summers asked Mr Patton what his view of the “coherence” of the new indictment alleging in “counts three and six the use or carrying of an explosive device to commit the felony in counts one and four”.

Mr Patton replied: “It quite plainly violates the Constitution, it violates the double jeopardy rules of the Constitution.”

Mr Patton added that US prosecutors sometimes “stack” charges to use the “leverage of a mandatory life sentence to be able to fashion whatever plea agreement they please with the defendant because the defendant will not want to risk a life sentence”.

Prosecutor Joel Smith KC said a “tenable view” of the charges under US law would include “two bombings in the same case”.

The FBI previously said that San Diego, who was born in Berkeley, California, had “ties” to an animal rights extremist group and there was a reward of 250,000 dollars (£198,000) for information leading directly to his arrest.

The extradition hearing continues.