Justice Angelo Delligati
Barba moved for dismissal of his indictment arguing he was denied his constitutional right to a speedy trial. He was involved in a motor vehicle accident in which a pedestrian was killed when Barba hit him and rolled over the victim’s torso and head and sped away from the scene. Barba was indicted in absentia in December 2001 for depraved indifference murder. Prosecutors used due diligence in searching for Barba, finding him in Ecuador. Yet, the court noted prosecutors conclusively set forth that any attempt to extradite Barba would have been futile as the Ecuadorian constitution forbid extradition of its nationals. Prosecutors contacted Interpol and had a “red notice” issued against Barba to stop him in the event he traveled outside of Ecuador, which led to Barba’s capture when he tried to use Panama as a layover in traveling from the Dominican Republic back to Ecuador. The court concluded Barba’s own conduct caused delay in receiving a speedy trial, stating “all of the wounds that the defendant complains of are in essence self-inflicted.” Thus, it ruled as prosecutors exercised due diligence in their attempt to prosecute Barba, the court found Barba’s claims of a denial of his speedy trial rights meritless and denied dismissal.
