Judge keeps murder charges against Turkish national

Associated Press:

A judge has kept in place murder charges against a Turkish citizen accused of killing a University of Portland student four years ago.

Attorneys for Deniz Aydiner had contended authorities violated international law and tricked him into returning to the United States.

Multnomah County Circuit Judge Frank Bearden said Monday that Portland police and the Multnomah County district attorney did not breach a treaty between the United States and Turkey by working with Homeland Security officials to issue Aydiner a temporary visa.

Turkey prohibits extradition of its citizens for crimes committed in foreign countries.

Bearden said the treaty is not an issue because Aydiner wanted to come to the United States and that the state and federal governments merely made that possible by removing obstacles.

Aydiner's attorney, Stephen Houze, said he plans an appeal with the Oregon Supreme Court.

Aydiner was indicted this year on 20 felony charges, including 11 counts of aggravated murder stemming from the sexual assault and strangulation of Kate Johnson, 21, of Vancouver, Wash. Her body was found May 29, 2001, in her locked second-story dormitory room. Police said Aydiner lived near the campus and knew Johnson.

By March 2003, Aydiner had gone to Turkey to visit his parents. He tried to return to the United States but was rejected because of an expired visa.

Chief deputy district attorney Norm Frink said Aydiner and his American wife sent frequent e-mails to U.S. embassies in Athens and Ankara asking for a visa waiver.

By June 2003, Portland police had linked Aydiner to the Johnson murder through DNA evidence, authorities said. Local and federal officials secured a three-day visa for Aydiner.

When Aydiner arrived in Portland on Jan. 16, 2004, he was arrested.

Houze said police and federal agents worked to get Aydiner back because they knew Turkey would not extradite Aydiner for prosecution and a possible death sentence.

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