Ira Einhorn
Encyclopedia
Ira Samuel Einhorn, known as "the Unicorn Killer" (born May 15, 1940), is a convicted murderer who savagely beat his ex-girlfriend, Holly Maddux, to death and then stored her body in a locker in his apartment for more than a year before it was discovered by the police. He fled to Europe and was finally convicted 25 years later for her murder in 2002 and is currently serving a life sentence.
. He was part of the counterculture
, anti-establishment
and anti-war
movements of the 1960s and 1970s. Although untrue, he claimed to have been instrumental in creating Earth Day
in 1970, and claimed that during the first Earth Day event, he was on stage as master of ceremonies. Event organizers dispute his account in a sworn statement, including a rebuttal during testimony in Einhorn's murder trial. He called himself "the Unicorn
," because the name Einhorn (a German-Jewish name) means Unicorn, since both literally translate as "One Horn".
who was originally from Tyler, Texas
. In 1977, Maddux broke up with Einhorn. She went to New York City
and became involved with Saul Lapidus. After learning about this turn of events, Einhorn called Maddux and told her to come back to Philadelphia to retrieve her belongings. She did so and was never seen again.
When questioned, Einhorn told police that Maddux had left to go to the store but never came back. Eighteen months later on March 28 1979, the same date as the accident
at Three Mile Island
, Maddux's decomposing
corpse was found by police
in a trunk stored in a closet in Einhorn's apartment. Upon being confronted by police with this discovery, Einhorn reportedly replied "you found what you found". Einhorn's bail was reduced to $40,000 at the request of his attorney Arlen Specter
; Einhorn was released from custody in advance of his trial by paying 10% of the bond's value, or $4,000. This bail was paid, not by Einhorn, but by Barbara Bronfman, a Montreal
socialite and a member of the family that owned the Seagram
liquor company at the time.
In 1981, just days before his murder trial was to begin, Einhorn skipped bail
and fled to Europe
. Einhorn traveled in Europe for the next 16 years, along the way marrying a Swedish
woman named Annika Flodin. Back in Pennsylvania, as Einhorn had already been arraigned
, the state convicted him in absentia
in 1993 for the murder of Maddux. Einhorn was sentenced to life in prison without the possibility of parole.
, France
, where he had been living under the name "Eugene Mallon." The extradition
process, however, proved more complex than it was initially envisioned, and contrasted the different interpretations that France and the U.S. have of the concept of the "right to a fair trial
". Under the extradition treaty between France and the United States, either country may refuse extradition if it finds that the defendant may not get a fair trial.
Einhorn's defense attorneys, including Dominique Tricaud
and the Human Rights League
(LDH), argued that Einhorn would face the death penalty if returned to the United States. France, like many countries which have abolished the death penalty, does not extradite defendants to jurisdictions which retain the death penalty without assurance that the death penalty will be neither sought nor applied. Pennsylvania authorities pointed out that at the date of the murder, Pennsylvania did not have the death penalty and therefore Einhorn could not be executed, due to provisions in the U.S. and Pennsylvania Constitutions regarding ex post facto law. However, a second issue soon arose: French law and the European Court of Human Rights
require a new trial when the defendant was tried in absentia, hence was unable to present his defense. On this basis, the court of appeals of Bordeaux
rejected the extradition request.
Following the court's decision, thirty-five members of the United States Congress
sent a letter to President Jacques Chirac
of France, asking for Einhorn's extradition. However, under France's doctrine of the separation of powers
, which was invoked in this case, the President cannot give orders to courts and does not intervene in extradition affairs.
As a consequence of this refusal, in order to secure the extradition of Ira Einhorn, the Pennsylvania legislature passed in 1998 a bill (nicknamed the "Einhorn Law") allowing defendants convicted in absentia to request another trial. The bill was, however, criticized as being unconstitutional (as it was argued that the legislature cannot overrule a final judgment handed down by a court), and Einhorn's attorneys tried to use this to get French courts to deny the extradition again, on the grounds that the law would be inapplicable. However, the French court ruled itself "unable" to evaluate the constitutionality of foreign laws. Another point of friction with the U.S. was that the court freed Ira Einhorn under police supervision — French laws put restrictions on remand
(the imprisonment of suspects awaiting trial). Einhorn was then the focus of intense surveillance by the French police.
The matter then went before Prime Minister
Lionel Jospin
, since extraditions, after having been approved by courts, must be ordered by the executive. Meanwhile, Einhorn's supporters alleged that he had been unfairly treated by American criminal justice and that he would not receive a fair trial. The French Green Party, in particular, complained that Einhorn should not have been extradited until the issues concerning his case were fully settled. In some respects, the debate took on a political character, with discussion going beyond the particular case of Einhorn and widening into criticism of American justice and its perceived unfairness for some categories of defendants; there were also concerns that the case against Einhorn was politically motivated. Because of the sensitive nature of the case, Jospin took some time to reach a decision, but eventually issued an extradition decree
. Jospin was then criticized by some on the right wing of French politics as having caved in to political pressure from U.S. President Bill Clinton
. Einhorn litigated against the decree before the Conseil d'État, which ruled against him; again, the Council declined to review the constitutionality of foreign law. He then attempted to slit his throathttp://www.nytimes.com/2001/07/13/us/france-agrees-to-extradition-of-culprit-in-killing-in-us.html?ref=iraeinhorn, and eventually litigated his case before the European Court of Human Rights
, which also ruled against him.
On July 20, 2001, Einhorn was extradited to the United States
.
and "psychotronics
". However, after only two hours of deliberation, the jury did not find his testimony credible and affirmed his conviction on October 17, 2002.
Einhorn, Pennsylvania Department of Corrections
#ES6859, is currently serving his sentence in the State Correctional Institution in Houtzdale.
Career
Born into a middle-class Jewish family, Einhorn studied at the University of PennsylvaniaUniversity of Pennsylvania
The University of Pennsylvania is a private, Ivy League university located in Philadelphia, Pennsylvania, United States. Penn is the fourth-oldest institution of higher education in the United States,Penn is the fourth-oldest using the founding dates claimed by each institution...
. He was part of the counterculture
Counterculture
Counterculture is a sociological term used to describe the values and norms of behavior of a cultural group, or subculture, that run counter to those of the social mainstream of the day, the cultural equivalent of political opposition. Counterculture can also be described as a group whose behavior...
, anti-establishment
Anti-establishment
An anti-establishment view or belief is one which stands in opposition to the conventional social, political, and economic principles of a society. The term was first used in the modern sense in 1958, by the British magazine New Statesman to refer to its political and social agenda...
and anti-war
Opposition to the Vietnam War
The movement against US involvment in the in Vietnam War began in the United States with demonstrations in 1964 and grew in strength in later years. The US became polarized between those who advocated continued involvement in Vietnam, and those who wanted peace. Peace movements consisted largely of...
movements of the 1960s and 1970s. Although untrue, he claimed to have been instrumental in creating Earth Day
Earth Day
Earth Day is a day that is intended to inspire awareness and appreciation for the Earth's natural environment. The name and concept of Earth Day was allegedly pioneered by John McConnell in 1969 at a UNESCO Conference in San Francisco. The first Proclamation of Earth Day was by San Francisco, the...
in 1970, and claimed that during the first Earth Day event, he was on stage as master of ceremonies. Event organizers dispute his account in a sworn statement, including a rebuttal during testimony in Einhorn's murder trial. He called himself "the Unicorn
Unicorn
The unicorn is a legendary animal from European folklore that resembles a white horse with a large, pointed, spiraling horn projecting from its forehead, and sometimes a goat's beard...
," because the name Einhorn (a German-Jewish name) means Unicorn, since both literally translate as "One Horn".
Murder of Holly Maddux
Einhorn had a five-year relationship with Holly Maddux, a graduate of Bryn Mawr CollegeBryn Mawr College
Bryn Mawr College is a women's liberal arts college located in Bryn Mawr, a community in Lower Merion Township, Pennsylvania, ten miles west of Philadelphia. The name "Bryn Mawr" means "big hill" in Welsh....
who was originally from Tyler, Texas
Tyler, Texas
Tyler is a city in and the county seat of Smith County, Texas, in the United States. It takes its name from President John Tyler . The city had a population of 109,000 in 2010, according to the United States Census Bureau...
. In 1977, Maddux broke up with Einhorn. She went to New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
and became involved with Saul Lapidus. After learning about this turn of events, Einhorn called Maddux and told her to come back to Philadelphia to retrieve her belongings. She did so and was never seen again.
When questioned, Einhorn told police that Maddux had left to go to the store but never came back. Eighteen months later on March 28 1979, the same date as the accident
Three Mile Island accident
The Three Mile Island accident was a core meltdown in Unit 2 of the Three Mile Island Nuclear Generating Station in Dauphin County, Pennsylvania near Harrisburg, United States in 1979....
at Three Mile Island
Three Mile Island Nuclear Generating Station
Three Mile Island Nuclear Generating Station is a civilian nuclear power plant located on Three Mile Island in the Susquehanna River, south of Harrisburg, Pennsylvania. It has two separate units, known as TMI-1 and TMI-2...
, Maddux's decomposing
Decomposition
Decomposition is the process by which organic material is broken down into simpler forms of matter. The process is essential for recycling the finite matter that occupies physical space in the biome. Bodies of living organisms begin to decompose shortly after death...
corpse was found by police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
in a trunk stored in a closet in Einhorn's apartment. Upon being confronted by police with this discovery, Einhorn reportedly replied "you found what you found". Einhorn's bail was reduced to $40,000 at the request of his attorney Arlen Specter
Arlen Specter
Arlen Specter is a former United States Senator from Pennsylvania. Specter is a Democrat, but was a Republican from 1965 until switching to the Democratic Party in 2009...
; Einhorn was released from custody in advance of his trial by paying 10% of the bond's value, or $4,000. This bail was paid, not by Einhorn, but by Barbara Bronfman, a Montreal
Montreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
socialite and a member of the family that owned the Seagram
Seagram
The Seagram Company Ltd. was a large corporation headquartered in Montreal, Quebec, Canada that was the largest distiller of alcoholic beverages in the world. Toward the end of its independent existence it also controlled various entertainment and other business ventures...
liquor company at the time.
In 1981, just days before his murder trial was to begin, Einhorn skipped bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
and fled to Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
. Einhorn traveled in Europe for the next 16 years, along the way marrying a Swedish
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
woman named Annika Flodin. Back in Pennsylvania, as Einhorn had already been arraigned
Arraignment
Arraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...
, the state convicted him in absentia
In absentia
In absentia is Latin for "in the absence". In legal use, it usually means a trial at which the defendant is not physically present. The phrase is not ordinarily a mere observation, but suggests recognition of violation to a defendant's right to be present in court proceedings in a criminal trial.In...
in 1993 for the murder of Maddux. Einhorn was sentenced to life in prison without the possibility of parole.
Extraditions
In 1997, Einhorn was tracked down and arrested in Champagne-MoutonChampagne-Mouton
Champagne-Mouton is a commune in the Charente department in southwestern France.-Population:-References:*...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, where he had been living under the name "Eugene Mallon." The extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
process, however, proved more complex than it was initially envisioned, and contrasted the different interpretations that France and the U.S. have of the concept of the "right to a fair trial
Right to a fair trial
The right to fair trial is an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict voided....
". Under the extradition treaty between France and the United States, either country may refuse extradition if it finds that the defendant may not get a fair trial.
Einhorn's defense attorneys, including Dominique Tricaud
Dominique Tricaud
Dominique Tricaud is a lawyer whose fame in the United States derives from his being the defense attorney in Paris, France, of Ira Einhorn, the famous environmentalist, convicted in absentia of murder...
and the Human Rights League
Human Rights League
Several organisations are named Human Rights League in English:* Registered with the International Federation of Human Rights, abbreviated from its name in French as FIDH, established in 1922 and having its headquarters in Paris...
(LDH), argued that Einhorn would face the death penalty if returned to the United States. France, like many countries which have abolished the death penalty, does not extradite defendants to jurisdictions which retain the death penalty without assurance that the death penalty will be neither sought nor applied. Pennsylvania authorities pointed out that at the date of the murder, Pennsylvania did not have the death penalty and therefore Einhorn could not be executed, due to provisions in the U.S. and Pennsylvania Constitutions regarding ex post facto law. However, a second issue soon arose: French law and the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
require a new trial when the defendant was tried in absentia, hence was unable to present his defense. On this basis, the court of appeals of Bordeaux
Bordeaux
Bordeaux is a port city on the Garonne River in the Gironde department in southwestern France.The Bordeaux-Arcachon-Libourne metropolitan area, has a population of 1,010,000 and constitutes the sixth-largest urban area in France. It is the capital of the Aquitaine region, as well as the prefecture...
rejected the extradition request.
Following the court's decision, thirty-five members of the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
sent a letter to President Jacques Chirac
Jacques Chirac
Jacques René Chirac is a French politician who served as President of France from 1995 to 2007. He previously served as Prime Minister of France from 1974 to 1976 and from 1986 to 1988 , and as Mayor of Paris from 1977 to 1995.After completing his studies of the DEA's degree at the...
of France, asking for Einhorn's extradition. However, under France's doctrine of the separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
, which was invoked in this case, the President cannot give orders to courts and does not intervene in extradition affairs.
As a consequence of this refusal, in order to secure the extradition of Ira Einhorn, the Pennsylvania legislature passed in 1998 a bill (nicknamed the "Einhorn Law") allowing defendants convicted in absentia to request another trial. The bill was, however, criticized as being unconstitutional (as it was argued that the legislature cannot overrule a final judgment handed down by a court), and Einhorn's attorneys tried to use this to get French courts to deny the extradition again, on the grounds that the law would be inapplicable. However, the French court ruled itself "unable" to evaluate the constitutionality of foreign laws. Another point of friction with the U.S. was that the court freed Ira Einhorn under police supervision — French laws put restrictions on remand
Detention of suspects
The detention of suspects is the process of keeping a person who has been arrested in a police-cell, remand prison or other detention centre before trial or sentencing. One criticism of pretrial detention is that eventual acquittal can be a somewhat hollow victory, in that there is no way to...
(the imprisonment of suspects awaiting trial). Einhorn was then the focus of intense surveillance by the French police.
The matter then went before Prime Minister
Prime Minister of France
The Prime Minister of France in the Fifth Republic is the head of government and of the Council of Ministers of France. The head of state is the President of the French Republic...
Lionel Jospin
Lionel Jospin
Lionel Jospin is a French politician, who served as Prime Minister of France from 1997 to 2002.Jospin was the Socialist Party candidate for President of France in the elections of 1995 and 2002. He was narrowly defeated in the final runoff election by Jacques Chirac in 1995...
, since extraditions, after having been approved by courts, must be ordered by the executive. Meanwhile, Einhorn's supporters alleged that he had been unfairly treated by American criminal justice and that he would not receive a fair trial. The French Green Party, in particular, complained that Einhorn should not have been extradited until the issues concerning his case were fully settled. In some respects, the debate took on a political character, with discussion going beyond the particular case of Einhorn and widening into criticism of American justice and its perceived unfairness for some categories of defendants; there were also concerns that the case against Einhorn was politically motivated. Because of the sensitive nature of the case, Jospin took some time to reach a decision, but eventually issued an extradition decree
Decree
A decree is a rule of law issued by a head of state , according to certain procedures . It has the force of law...
. Jospin was then criticized by some on the right wing of French politics as having caved in to political pressure from U.S. President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
. Einhorn litigated against the decree before the Conseil d'État, which ruled against him; again, the Council declined to review the constitutionality of foreign law. He then attempted to slit his throathttp://www.nytimes.com/2001/07/13/us/france-agrees-to-extradition-of-culprit-in-killing-in-us.html?ref=iraeinhorn, and eventually litigated his case before the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
, which also ruled against him.
On July 20, 2001, Einhorn was extradited to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
Trial and penalty
Taking the stand in his own defense, Einhorn claimed that Maddux was murdered by CIA agents who attempted to frame Einhorn for the crime due to Einhorn's investigations on the Cold WarCold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...
and "psychotronics
Psionics
Psionics refers to the practice, study, or psychic ability of using the mind to induce paranormal phenomena. Examples of this include telepathy, telekinesis, and other workings of the outside world through the psyche.-History and terminology:...
". However, after only two hours of deliberation, the jury did not find his testimony credible and affirmed his conviction on October 17, 2002.
Einhorn, Pennsylvania Department of Corrections
Pennsylvania Department of Corrections
The Pennsylvania Department of Corrections is the Pennsylvania state agency that is responsible for the confinement, care and rehabilitation of approximately 51,000 inmates at state correctional facilities funded by the Commonwealth of Pennsylvania...
#ES6859, is currently serving his sentence in the State Correctional Institution in Houtzdale.
Sources
- Einhorn, Ira. 78-187880. (1972) ISBN 0-385-06387-3 Its title is its Library of Congress number.
- Einhorn, Ira. Prelude to Intimacy. August 2005, ISBN 1-4116-4911-7. Einhorn's account of his life underground from the time he fled the United States in early January 1981 until he met his Swedish wife, Annika, in November 1987.
- Levy, StevenSteven LevySteven Levy is an American journalist who has written several books on computers, technology, cryptography, the Internet, cybersecurity, and privacy.-Career:...
. The Unicorn's Secret: Murder in the Age of Aquarius. 1988 ISBN 0-13-937830-8. Published while Einhorn's whereabouts were unknown.
External links
- Paranoia Magazine interview with Robert Eringer
- Excerpt from Larry King Live about Einhorn's attempts at denying extradition
- Timeline
- Einhorn on TruTV.
- News Photo of the box containing the victim being removed from the house. (See photographs #33-35.)
- Russ Baker on Ira Einhorn's French odyssey in the Philadelphia Inquirer's Sunday Magazine
- Russ Baker's visit with Einhorn in France, for Esquire.
- Dave Lindorff's 2002 article on the Einhorn trial in Salon.
- Larry Loebell's 2005 prison visit with Einhorn.