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And then, in February 1987, after a change in leadership, the Israeli Interior Ministry ordered Mondrowitz deported to Brooklyn. Ofek appealed to the Israeli Supreme Court, asking for a stay and seeking access to the U.S. extradition package. It included four affidavits from John Doe victims. It also included a letter, purportedly written by a Borough Park social worker, charging that Mondrowitz had infected 28 boys with HIV/AIDS. The claim would be stunning now; back then, it was made more so by the fact that so many people didn't understand the virus.
"When you say, 20 years ago, that the man had infected children with AIDS, it means that the man would kill children," Ofek says. There were no drug cocktails in 1987. Not many hospitals in Israel could administer an HIV test. Eventually, Ofek says, his client found one. The results came back negative. The court threw out the deportation order. "The United States wanted extradition and the Israeli government wanted to deport himand I stopped it."
To hear Hynes's office tell it now, extradition represents the one barrier to prosecuting this case. Just last May, Jaus says, her bureau reviewed its files and consulted with Israeli legal authorities, as well as federal officials. The verdict? "Under the current treaty," she reports, "he is charged with a non-extraditable offense."
Or not. In 1988, Israel amended its rape law to cover the act of homosexual rape. Internal federal letters make note of the change, urging a second look at extradition.
"An amendment to the Israeli penal code . . . presents us, we believe, with an opportunity to reopen the extradition case of Avrohom Mondrowitz," reads one March 1988 telegram from the American embassy in Tel Aviv to the State Department in Washington, D.C.
Interestingly, no records show that federal officials called Holtzman to relay the news. And there is nothing to suggest that her office was keeping abreast of the developments, or even knew about the change. Just when the U.S. may have gained proper grounds to extradite Mondrowitz, the paper trail fades.
But if Holtzman missed a key opportunity, Hynes has apparently plain sat on the case. He became the D.A. in 1990. In the federal file, there is no record of any activity from Hynes on the matter until 1993, when Justice officials called his office. That's when he all but dropped the caseapproving a decision to end extradition attempts for good.
As one September 1993 Justice Department letter details, prosecutors "contacted our office and advised that they would not be pursuing the case any further at this time."
"Hynes has never been hot to extradite Mondrowitz," charges Lesher. Why would Hynes allow a fugitive to evade prosecution through an old loophole, especially when a new victim has come forward to testify? "It's a compelling argument," observes Mary- ellen Fullerton, who teaches international criminal law at Brooklyn Law School. "If I were the Brooklyn D.A., I'd consider it."
Bruce Zagaris, an extradition lawyer in Washington, D.C., notes that the U.S.-Israel treaty is being updated, and that the new protocol would make it even easier to deliver up someone, like Mondrowitz, whose alleged acts haven't fallen neatly into the list of specified offenses. The protocol would replace the list with a provision defining any offense extraditable "as long as the crime is punishable by one year or more and as long as it's a crime in both countries."
So, Zagaris offers, "Yes, I'd say this guy is extraditable. And under this new protocol, there is even more of a chance that he could be."
At the very least, argues Bierschbach, the Cardozo professor, "you cannot flat-out say that he's not extraditable. You can make the argument, but it's weak."
Even so, Hynes spokesperson Jerry Schmetterer maintains, flatly: "After reviewing the files and consulting with authorities, our position remains that under the current treaty, Mondrowitz cannot be extradited. . . . He was charged with sodomy and the treaty has changed. It's our position this change is not retroactive."
Told that experts say otherwise, he snaps, "That's fine. You write your story. This is the position of the district attorney."
Maybe Hynes has his own reasons for not pushing extradition. In Brooklyn politics, the Orthodox community can wield considerable influence. Political consultant Hank Sheinkopf explains, "They vote, and they vote in large numbers often." He estimates that the Orthodox population accounts for some 30 percent of the borough's electorate, from Williamsburg to Crown Heights, Borough Park, Flatbush, and Midwood. Especially in ultra-Orthodox areas, rabbis tend to pick candidates and congregants cast votes accordingly.
"The rabbis are very important because they tell their followers who to get behind," says Sheinkopf. For a politician, he says, that means "you have to play to them."
Hynes has worked hard to court the community over the years. In 1990, he became the first D.A. in the city to convene a Jewish advisory council, which kept leaders abreast of cases involving Jewish defen-dants or complainants. The council is now defunct, says Schmetterer, replaced by the office's full-time liaison to the Hasidic community, Henna White, herself a Lubavitcher. (He refused to let the Voice interview White for this article, saying, "It wouldn't be her place to talk about this case.") Hynes has been commended for launching such initiatives as Project Eden, a Hasidic-sanctioned program that reaches out to ultra-Orthodox victims of domestic violence.