Mario Lalama Gomez v. MDC Brooklyn Warden

Brooklyn, New York criminal defense lawyers represented the Plaintiff seeking a writ of habeas corpus.



On November 14, 2017, a school in Ecuador notified local authorities after a ten-year-old student reported that her mother's former partner, Lalama Gomez, had sexually abused her. This abuse began in August 2016, approximately two months after Lalama Gomez began living with the victim's mother. On the first occasion, Lalama Gomez drove the victim to purchase ice cream, and while they were in the car together, Lalama Gomez touched her genitalia and instructed her

to touch his genitalia. When the victim informed Lalama Gomez that she wanted to return home and planned to tell her mother what had transpired, Lalama Gomez directed her not to tell anyone and warned that the victim's mother would

not believe her. That same night, Lalama Gomez entered the victim's bedroom and began touching her genitalia while he masturbated. He then inserted his fingers into her vagina.



For the next year, Lalama Gomez abused the victim daily, entering her bedroom at night, touching her genitalia and breasts, and kissing her while he masturbated. Whenever the victim refused to comply, Lalama Gomez yelled at her and told her to shut up. He also threatened to kill her mother and brothers if she ever disclosed the abuse. Lalama Gomez put his fingers inside the victim's anus on two separate occasions. This abuse persisted until September 2017, when Lalama Gomez moved out of the victim's home.



On December 28, 2017, Ecuadorian authorities interviewed the victim's mother, who recounted what the victim had told her about the abuse. The mother reported that she observed changes in the victim's behavior during the period of her abuse, including bed-wetting; sleepwalking; saying, "[N]o, leave me,” in the middle of her sleep; and positioning her arms in a protective posture around her body as she slept. Lalama Gomez App'x at 9. The mother also noticed that the victim's performance in school had declined and that the victim frequently reported headaches, stomachaches, and excessive sweating.



On December 13, 2018, Ecuadorian authorities interviewed the victim, who repeated the same allegations that she had reported to the school and to her mother. A psychological evaluation confirmed that the victim was experiencing emotional instability and suffering from "anxiety, depression, nightmares, loss of bladder control, and suicidal ideation compatible with the indicators of sexual abuse.” Id. at 11. Lalama Gomez was subsequently charged with violating Article

170 of the Ecuadorian Criminal Code, which makes it a crime to "force[] [an individual] to perform an act of a sexual nature on herself or another person, without there being penetration or carnal access.” Id. at 173. In April 2018, while

these charges were pending, Lalama Gomez fled to the United States and has remained a fugitive.



On September 22, 2021, Ecuador presented a formal extradition request to the United States, and on June 26, 2024, the United States Department of State submitted a declaration attesting to the authenticity of Ecuador's submissions. On

July 10, 2024, a magistrate judge in the Eastern District of New York issued a warrant for Lalama Gomez's arrest; Lalama Gomez was taken into custody six days later. The magistrate judge subsequently held an extradition hearing on

October 8, 2024, at which the United States government submitted documentary evidence in support of extradition. During the hearing, Lalama Gomez sought to introduce expert testimony regarding the admissibility of certain evidence in the

courts of Ecuador, but the magistrate judge excluded such evidence, deeming it to be outside the scope of the extradition hearing. The magistrate judge ultimately and certified Lalama Gomez's extradition to Ecuador, concluding that sexual abuse is an extraditable offense under the treaty between the United States and Ecuador and that there was probable cause to believe that Lalama Gomez committed the crime of sexual abuse.

Affirmed