A Former Nevada Deputy Attorney Generaltold a Reno judge on Wednesday that he wants to fight extradition to Hawaii because he believes his constitutional rights were violated when he was arrested last week. Tudor Chirila, 77, said he was unlawfully arrested at a hospital in Reno after police forced him to provide saliva for a TAUT sample investigators say linked him to the cold case murder of a 19-year-old earlier this month. woman in Hawaii.
“I think if the 9th Circuit (Court of Appeal) saw this, they would throw it out,” Chirila told the judge from a wheelchair when he appeared before his arraignment in the Reno court on Wednesday.
Justice of the Peace Scott Pearson told Chirila any legal challenge from his arrest should come in Hawaii, where he will be tried. But he agreed to appoint Chirila as a public defender and scheduled a new hearing for October 3.
Amos Stege, Washoe County’s deputy district attorney, said he would make efforts to obtain an order from the governor in Hawaii for Chirila’s extradition.
Meanwhile, Pearson ordered Chirila to remain in jail without bail on a fugitive warrant in Reno, where he was arrested last week on a Hawaii charge that charged him with second-degree murder in the 1972 fatal stabbing of Nancy Anderson in her apartment. in Honolulu.
The former deputy attorney general once ran for the Nevada Supreme Court and later served as president of a company affiliated with the infamous Mustang Ranch brothel.
Chirila, who looked weak and bald with some gray hair at the edges in a red prison overall and handcuffs chained to his waist in the wheelchair, told the judge that the officers who had obtained the TAUT sample from him indicated that they ” could beat up if necessary” to collect his saliva.
“I kept saying this is unconstitutional,” Chirila said.
“You make me a witness against myself,” he said. “Whether it’s Donald Trump saying I’m refusing to answer a question or I’m saying I’m refusing to give samples, it’s a constitutional right.”
Chirila said he recently had eye surgery when officers knocked on the door of his residence on Sept. 6 with a warrant for the TAUT sample and told him they could use whatever force it took to obtain it.
“I was terrified that they would hit my eye,” he said. “I kept saying this is unconstitutional.”
Pearson said the officers were authorized to use any reasonable force necessary to obtain the sample. He said he understood Chirila’s concerns, but “it’s not an issue in this court.”
The judge reiterated that all constitutional arguments should be filed in Hawaii’s district court and any complaint about the way he was treated by the police should be made to the civil court.
Pearson also told Chirila that the decision was his, but that in such an old case, the longer he waits, the more likely witnesses he wants to testify on his behalf may not be available.
He said that because Chirila had acknowledged that he was the person named in Hawaii’s arrest warrant, that was the only issue before the court in Reno and that extradition was virtually certain in the end.
“It doesn’t seem like there’s much to argue with. But it’s your decision,” Pearson said.
Chirila replied, “Oh, Your Honor, I want to go to Hawaii.”
“It’s so beautiful. The problem is I don’t think this arrest was constitutional,” he said. “If I go to Hawaii, they’ll say they didn’t do anything wrong – it was Reno (police) who was rough with you.”
Honolulu police said new TAUT evidence linked him to the crime scene at Anderson’s Waikiki apartment, where she had been stabbed more than 60 times. She had recently moved there from Bay City, Michigan and worked at a McDonald’s restaurant.
According to the Hawaii indictment, police had reopened the cold case several times since the 1972 murder and received a tip in December that Chirila might be a suspect.
In March, police obtained a TAUT sample from Chirila’s son, John Chirila of Newport Beach, California, which identified him as the biological child of a TAUT sample found at the crime scene, according to the indictment.
Parabon Nanolabs told Hawaii News Now that genetic genealogy was used in analyzing the evidence, along with TAUT phenotyping, a process of predicting physical appearance and ancestry based on unidentified TAUT evidence.
Police issued a search warrant and obtained a TAUT sample from Tudor Chirila at his apartment in Reno on Sept. 6, court records show.
A Reno detective said in an affidavit that he was notified by the Honolulu Police Department late Sept. 12. regarding a suicide attempt.”
Anderson’s family, including her nine siblings, have spent years seeking a sense of closure, Hawaii News Now reported.
“She was an integral part of our family and when she was killed it left a hole in our hearts and in our family,” said Nancy’s brother Jack Anderson.