Alleged sex offender and cult leader, Victor Barnard, was hiding from the Minnesota authorities in a resort town in Brazil.  He has been the subject of a national and international manhunt for months.  Who would have thought he’d be living with a much younger woman in a beach town?  He’s in jail in Brazil.  Can this alleged sex offender be extradited to the U.S. and back to Minnesota?

Let’s look at the case first:  Barnard was a charismatic minister who led many of his congregation to north-central Minnesota years ago.  Many young girls lived there with Barnard—without their families but with the permission of the parents.  Barnard was entrusted with their education and spiritual leadership.

But something may have gone wrong. . .  Several years later, some of the girls (now adult women) came forward with stories of repeated sexual abuse by their cult leader.  When the allegations first came out, Mr. Barnard fled from Minnesota and went underground—understandably.

Although Minnesota doesn’t have the death penalty, when all the allegations are stacked up—if Barnard is ever found guilty—the penalties could land him in jail for life.

Why can’t Minnesota law enforcement simply go to Brazil and take Barnard home to face the music?  For one thing, Minnesota law enforcement has no authority to act outside the borders of the state.  Federal officials have no authority to act in a foreign country.  But there is a legal process that could get the alleged sex offender extradited back here.

It comes from a treaty signed between the U.S. and Brazil.  A foreign country may release a prisoner in their custody to another country.  To get the alleged sex offender extradited to Minnesota, officials must go through a 3-step process:

1.  Through the U.S. State Dept, they must make a formal request for the release of Barnard to the Minnesota/federal law enforcement.  The request goes to the President of Brazil.  She will review it may reject it if the jurisdiction requesting the prisoner has either the death penalty or life imprisonment.

2.  The president sends the request to the Supreme Brazilian Federal Tribunal. This is a court that will also review the request.  They may recommend rejection or agree that the prisoner should be released to the jurisdiction of the requesting country.

3.  It goes back to the president one last time.  She will review it for political reasons this time, instead of legal.  If she agrees to extradition, the U.S. would have 45 days to fly to Brazil and pick up Barnard.  They’d get the alleged sex offender extradited back to Minnesota.

For his part, Barnard has retained a lawyer in Brazil and is fighting the extradition.  I imagine their main defense is that if he is returned and if he is convicted, he could face life imprisonment—something Brazil doesn’t agree with.

However, from what I know of Brazilian prisons, if I were Barnard, I might want to get our of the Brazilian jail and back to Minnesota.  Look at this photo of a Brazilian prison—can you imagine sleeping with the other guy’s feet in your face??