Lt. Michael O'Connor of the Pima County Sheriff's Department said last week that there is still a warrant outstanding to arrest Phillips on a charge of conspiracy to commit first-degree murder in Triano's death.
"We are working with the United States Marshals Service and the Swiss authorities because we believe she's actually in Switzerland," O'Connor said.
Background on the case, which has been in the news for years in these parts, is here. Phillips argues in the lawsuit that the BATF agents included information about the illegally taped calls in a 2006 search warrant for her home in Aspen, the purpose of which was to gather evidence to connect her to the murder. Her lawyers say they offered to surrender her and expected her to return, but she hasn't.
She filed suit in 2007. The lower court rejected the agents' claims they were immune. Last week, the Tenth Circuit didn't refuse to hear the case because Phillips won't return to the U.S. to face the murder charge.
In a court filing, Justice Department lawyers have stated that if Phillips' lawsuit is allowed to proceed, the government may argue it should be dismissed because of her status as a fugitive.
May argue? What are they waiting for? Maybe it's not a winnable argument? Maybe not all fugitives are prohibited from litigating their claims in court? They certainly don't seem to be in civil cases.
Yet, Phillips also has a 2008 DUI case in Aspen.
She was arrested Aug. 31, on suspicion of driving under the influence of alcohol or drugs. She was scheduled to be arraigned Tuesday but did not attend the hearing.
Pitkin County Judge Erin Fernandez-Ely said Phillips was not required to attend. But the judge did order Phillips to attend her next scheduled hearing Dec. 16 at the Pitkin County courthouse.
So she's a fugitive in that criminal case. But that also didn't stop the 10th Circuit from hearing her civil lawsuit lawsuit last week. Authorities say they will arrest her should she return:
“We believe the suspect is overseas. Our information is that she is in Europe,” said Rick Kastigar, Bureau Chief of the Pima County Sheriff's Department, on Thursday afternoon. “We know she has a daughter in Switzerland.”
He added Phillips would be arrested should she try to re-enter the United States through a normal entry point.
Also in 2008, Phillips was allowed to challenge a request for her deposition in a civil lawsuit brought against her by her step-children. Her status is hardly a secret. Phillips has been featured on both America's Most Wanted and Dateline.
As I wrote here, even Roman Polanski was allowed to defend the civil lawsuit brought by the victim in his criminal case while in France. (news article on that here.)
Why is a fugitive allowed to participate in a civil case to defend or advance his or her property and economic interests, but not allowed to defend their liberty interest in a criminal case, particularly when the challenge (and the reason they became a fugitive) is based on allegations of official misconduct in that very proceeding?
Pamela Phillips has never been brought before a court or pleaded guilty. Yet, she is wanted, and there apparently is an outstanding arrest warrant out for her for conspiracy to commit first degree murder. And, she's been allowed (so far) to challenge the evidence used to obtain that warrant in a civil proceeding. Could Polanski sue former DA Ted Wells, the estate of the Judge, the L.A. District Attorney's office and the Superior Court of Los Angeles in a federal civil action for the violation of his constitutional right to due process of law and a fair sentencing proceeding, and have the illegality of their actions determined while he's in Switzerland?
I have no idea, but as I said the other day, there seems to be an inconsistency in the application of the civil and criminal laws applicable to challenges by fugitives, and I'm not sure why, or that the distinction is fair.