F.B.I. Said to Grill Man, 20, on Cruise Disappearance

The New York Times ^ | January 12, 2006 | By ALISON LEIGH COWAN

[aculeus]

The lawyer for one of the men last seen with a Connecticut newlywed before he vanished on a Mediterranean cruise last summer said federal agents had pressured his client for information about the man's disappearance and threatened to charge him with the rape of a female passenger if he declined to cooperate.

In his first extensive comments on the case, the lawyer, Albert Y. Dayan, said that his client, Rustislav Kofman, denied any role in the disappearance of the Connecticut man, George Allen Smith IV, last July 5 on a Royal Caribbean cruise or in any rape.

[snip]

Mr. Dayan said his client, a 20-year-old college student from Brighton Beach, Brooklyn, had been subjected to three lengthy interrogations by federal agents before he hired a lawyer. He said he and his co-counsel had decided to speak out because they thought their client was being scapegoated.

[aculeus]

Brighton Beach, Brooklyn is known as Little Odessa. It's the home of thousands of Russian immigrants.

[dmz]

I'll take my grilled man well done.

[razorback-bert]

charge him with the rape of a female passenger

The FBI charging him with rape on a foreign ship in foreign waters, how it that possible?

[PAR35]

It is my recollection that a law was enacted after the Klinghoffer murder that if you murder an American on the high seas you may be charged in American courts.

[Ignatz]

I've followed this story somewhat.
One theory is that the couple and the three other young men were having group sex, and that the husband decided to put a stop to it. The three young men didn't want to stop, so they killed the husband then threw him overboard.

[razorback-bert]

I thought of that, but the FBI was threatening rape.

[PAR35]

Here are some possible statutes to use:

18 USC § 1119, murder of a US national by a US national outside the United States.

18 USC § 2332, killing of a US national while outside of the US.

There are other statutes dealing with terrorism, foreign state sponsored actions, killing the pilot causing a plane to crash, piracy, etc., but these two seem like the best bet, depending on whether the killer was an American or a foreigner.


§ 1119. Foreign murder of United States nationals
(a) Definition. In this section, "national of the United States" has the meaning stated in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
(b) Offense. A person who, being a national of the United States, kills or attempts to kill a national of the United States while such national is outside the United States but within the jurisdiction of another country shall be punished as provided under sections 1111, 1112, and 1113.
(c) Limitations on prosecution.
(1) No prosecution may be instituted against any person under this section except upon the written approval of the Attorney General, the Deputy Attorney General, or an Assistant Attorney General, which function of approving prosecutions may not be delegated. No prosecution shall be approved if prosecution has been previously undertaken by a foreign country for the same conduct.
(2) No prosecution shall be approved under this section unless the Attorney General, in consultation with the Secretary of State, determines that the conduct took place in a country in which the person is no longer present, and the country lacks the ability to lawfully secure the person's return. A determination by the Attorney General under this paragraph is not subject to judicial review.

§ 2332. Criminal penalties
(a) Homicide. Whoever kills a national of the United States, while such national is outside the United States, shall,--
(1) if the killing is murder (as defined in section 1111(a)), be fined under this title, punished by death or imprisonment for any term of years or for life, or both;
(2) if the killing is a voluntary manslaughter as defined in section 1112(a) of this title, be fined under this title or imprisoned not more than ten years, or both; and
(3) if the killing is an involuntary manslaughter as defined in section 1112(a) of this title, be fined under this title or imprisoned not more than three years, or both.
(b) Attempt or conspiracy with respect to homicide. Whoever outside the United States attempts to kill, or engages in a conspiracy to kill, a national of the United States shall--
(1) in the case of an attempt to commit a killing that is a murder as defined in this chapter [18 USCS §§ 2331 et seq.], be fined under this title or imprisoned not more
than 20 years, or both; and (2) in the case of a conspiracy by two or more persons to commit a killing that is a
murder as defined in section 1111(a) of this title, if one or more of such persons do any overt act to effect the object of the conspiracy, be fined under this title or
imprisoned for any term of years or for life, or both so fined and so imprisoned.
(c) Other conduct. Whoever outside the United States engages in physical violence--
(1) with intent to cause serious bodily injury to a national of the United States; or (2) with the result that serious bodily injury is caused to a national of the United
States; shall be fined under this title or imprisoned not more that ten years, or both.
(d) Limitation on prosecution. No prosecution for any offense described in this section shall be undertaken by the United States except on written certification of the
Attorney General or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions that, in the judgment of the certifying official, such offense was intended to coerce, intimidate, or retaliate against a government or a civilian population.

[PAR35]

Yes. I didn't read your question closely enough. Sorry. Ignore the subsequent post as well.

[MeanWestTexan]

If an American national was a victim, I presume we could nail him.

[dfwgator]

Tom Cruise is still in the closet?

[KeyLargo]

FBI has no authority on other than government property to charge such a crime as rape.

[PAR35]

Here's the general federal statute:

(18 USC) Sec. 2241. Aggravated sexual abuse

" (a) By Force or Threat.--Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly causes another person ..."

Here is the definition of "Special Maritime Jurisidiction":

http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000007----000-.html

"The term “special maritime and territorial jurisdiction of the United States”, as used in this title, includes:
(1) The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State,"

Perhaps there is a US shareholder in the company owning the ship. From the US DOJ - "Note that under 18 U.S.C. § 7(1) Federal jurisdiction attaches if the vessel is even partially owned by a citizen of the United States. See United States v. Keller, 451 F. Supp. 631, 636-37 (D.P.R. 1978), aff'd on other grounds, sub nom United States v. Arra, 630 F.2d 836 (1st Cir.1980)."

Here's a venue statute as to where it could be tried if, in fact, it is a substantive crime in the US:

18 USC 3238. Offenses not committed in any district

The trial of all offenses begun or committed upon the high seas, or elsewhere out of the jurisdiction of any particular State or district, shall be in the district in which the offender, or any one of two or more joint offenders, is arrested or is first brought; but if such offender or offenders are not so arrested or brought into any district, an indictment or information may be filed in the district of the last known residence of the offender or of any one of two or more joint offenders, or if no such residence is known the indictment or information may be filed in the District of Columbia.

[PAR35]

FBI has no authority on other than government property to charge such a crime as rape.

Are you speaking of abstract constitutional theory as envisioned by the drafters, or modern legal realities.

[MineralMan]

Wow! Grilled man on a cruise...

Sounds OK, but I'll have the suckling pig instead.

[FourtySeven]

The FBI said to the man who ran the grill on the cruise ship Disappearance...........................................WHAT?

Don't leave us hanging! And who cares how old he is. That's ageism.

[angcat]

I think that sounds right also. These two Mr. and Mrs. Smith seemed to have been let out of there cages when they went on their honeymoon.

[madprof98]

One theory is that the couple and the three other young men were having group sex, and that the husband decided to put a stop to it. The three young men didn't want to stop, so they killed the husband then threw him overboard.

Such a comment should always be followed by "Not that there's anything wrong with that!"

[Stingray51]

Even better, threaten to extradite him to Turkey. That might get him talking.

This is a very strange story indeed. This is my understanding of what has been reported:

The wife was found in the hallway on the opposite side of the ship at 4-something a.m., apparently passed out, and then was dropped off in her room by ship's staff who did not observe anything amiss. This was apparently shortly (30 minutes or so?) after loud noises were heard by a vacationing cop in the neighboring room and Smith presumably went overboard.

The interesting thing is that the wife gets out of bed a few (?) hours later and leaves the room, also not noticing anything, and goes, in the very same clothes she was wearing the night before, to a massage appointment at which she arrives an hour early. (Do massage facilities have showers? Is it normal to arrive for a massage with a stinky, hungover body? And under the circumstances isn't arriving there an hour early a bit odd?)

She reportedly says that she figured her husband slept in a friend's cabin as he had done earlier in the cruise and wasn't concerned by it. The husband doesn't show up for the scheduled 'his and her' massage but she proceeds with it. The crew finally finds the wife in the massage area quite some time later, after they had already been searching (and paging?) for the couple and the people in the neighboring cabins long enough to have spotted the blood and called the Turkish authorities.

[Ignatz]

Lol! The group sex, or the killing and throwing overboard?

[Rodney King]

If you ask me the guy stood up on his balcony in a drunken stupor to either 1. take a wiz, and/or 2. Do an "I'm on top of the world" Leonardo DiCaprio impersonation and he fell overboard.