‘Dog’ wants leash loosened with bail

The bounty hunter's defense asks that he be free on bail before an extradition hearing

The "Dog" spent last night in the federal pound.

Duane "Dog" Chapman, the well-known bounty hunter made even more famous by his A&E reality show, was arrested yesterday at his Portlock Road residence in connection with his June 2003 capture of convicted rapist and Max Factor heir Andrew Luster in Puerto Vallarta, Mexico.

Also arrested in different locations were his son Leland and partner, Timothy Chapman.

Honolulu attorney Brook Hart, who represented all three yesterday at an initial appearance in U.S. District Court, said the Chapmans are alleged to have violated Mexican law that prohibits the capture of fugitives by persons not authorized under Mexican law. The Mexican government is seeking to extradite the trio.

The three Chapmans, barefoot and shackled, filed unsmiling into a federal courtroom that was standing room only. Some were federal employees curious to see the "Dog" in person.

U.S. Magistrate Judge Barry Kurren is expected to hear arguments today and will decide whether to set bail and release the trio or have them held without bail pending an extradition hearing.

The United States has an extradition treaty with Mexico, and the two countries extradite people all the time. "But usually, they're extraditing serious criminals, not somebody who assisted in arresting a serious criminal -- so it's an unusual case," Hart said.

He said the three men did the world "a great service" by capturing Luster, who fled during his trial and was convicted in absentia of drugging and raping three women. Luster was returned to the United States to serve a 124-year sentence.

Flanked by family members and her husband's associates, Chapman's wife, Beth, exited the federal courthouse yesterday clutching the steel-toed boots her husband had been wearing when he was arrested.

As a throng of reporters and cameras surrounded them, she thanked all their supporters and vowed to clear the Chapman name.

"The Chapman name stands for something," she said, her voice breaking. "If we did something wrong, we will stand up for it, and if Duane has to return to Mexico to take care of any misunderstandings, then that's what we will do."

"We love Hawaii," she said. "We will never hurt anyone on this planet; we will never hurt anyone on this island."

Assistant U.S. Attorney Ron Johnson noted the case is not a domestic criminal case and that the right to bail does not apply to extradition cases. "Since this is an international issue between two governments, there is a presumption against bail unless in special circumstances."

Hart argued this is an unusual case and that Chapman put his efforts and time, and at considerable risk, to find Luster.

If released, Hart said Chapman is "happy" to check in with the federal pretrial services office as often as several times a day if he has to. He described Chapman, owner of Da Kine Bail Bonds in downtown Honolulu, as an internationally known figure who has lived in Hawaii since 1979.

"He wants to go home with his wife and family and continue to film two times a week the TV program for A&E," Hart said. "If there's one person who can't be missed, it's Duane Chapman."

Attorneys for Chapman in Mexico are currently trying to resolve this issue, which could negate the need for an extradition hearing and allow him to return to Mexico, Hart said.

U.S. Magistrate Judge Barry Kurren indicated that the defense would have to make a good argument that special circumstances exist to allow bail in this case, and requested they return with more information. "I'm inclined, with appropriate cash bail requirement, to consider releasing the Chapmans," he said.

"They certainly have strong family ties here given their notoriety, and the financial stake they have in their business operation makes it unlikely they will risk all of that by fleeing," Kurren said.

Among those attending yesterday's hearing were California visitors Jack and Sharon and Jack Phillips' cousin Paulette Lollar, who heard of Chapman's arrest while visiting Da Kine Bail Bonds and came to support him.

"I'm a big fan, and I came to show my support for Dog and his family," Lollar said.

"He's great," said Sharon Phillips. "He's doing the work that somebody else doesn't want to do."