The Supreme Court of Canada rejected the appeal of a transsexual woman who has been fighting for years to stop extradition to face accusations of murder in the state of Washington.
Kevin David Patterson – who identifies himself in social media as Rachel – was accused of killing his 57 year old roommate Richard Bergesen to death on September 17, 2014.
Patterson was accused of using a shovel to kill a man at his home in Sammamish, Washington, about 20 kilometers east of Seattle.
The US authorities say Patterson, then 20, and her 18-year-old American partner Christopher Shade fled to Canada on the day of the murder.
Apparently, they stole Bergesen's wallet and rode BMW to the north of the victim, then crossed the barbed wire fence somewhere along the border to illegally get to Canada, according to documents filed by the US Department of Justice.
Both were arrested later that day in Abbotsford, California.
Shade returned to the USA. In police interviews, both suspects were blamed for the murder. Both said that Bergesen had made some kind of sexual progress towards Patterson.
Shade confessed to the second degree murder and is expected to remain in prison until 2036.
Patterson, who has dual Canadian citizenship, was under arrest in B.C. in a women's institution for five years, fighting extradition, to face trial on charges of first-degree murder, first-degree robbery and motor vehicle theft.
From July 2015, Patterson calls for judicial review of the extradition order on the basis of various grounds, including the possibility of facing the death penalty and concerns about its core heritage.
In a letter to the federal justice minister, Patterson argued that her surrender to the United States would be "unjust" and "oppressive".
However, the Supreme Court ruled in 2017 that the death penalty will not be applied to her case, and her native origin will be included in the US conviction if she is found guilty.
In response to one of eight Patterson's statements to the Justice Department, the minister in 2015 stated that the maximum potential punishment, which could be imposed on convictions, 33 years and 2 months, "does not shock the conscience of Canadians."
The death penalty was abolished in Washington in 2018.
Patterson has lost all previous attempts to stop extradition.
On Thursday, the Supreme Court dismissed her final request to reconsider the extradition request filed in March 2018.
Patterson claimed that as a transgender person, she needed to ensure that she would be placed in a women's prison and protected from attacks and sexual abuse.
"Kevin is not only homosexual but also transsexual. This creates a real threat to her prison, "says the application made in 2018. To the minister.
The Supreme Court dismissed her appeal from the previous BC. The appellate court ruled that the minister was not obliged to apply for diplomatic assurances about how the Washington state correction authorities would assess and live the incoming prisoner.
Probably Patterson will not be extradited in the near future because he has appeals in B.C. Court of appeal.
Her lawyer refused to comment.
Ian McCleod of the Justice Department said in an e-mail that Patterson's concerns about how he would be placed in a prison in Washington state were carefully evaluated.
"The minister was informed that the state of Washington has sound policies and safeguards to respond to the specific housing needs of transgender people in prisons. The minister therefore concluded that such an assurance is not necessary. "
The department also said that Patterson filed another court complaint that remains unresolved.