Lack of extradition pact frustrates law enforcers

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By The Associated Press

Story Published: Jan 5, 2009 at 5:32 PM MDT

Story Updated: Jan 5, 2009 at 5:32 PM MDT

GREAT FALLS - Missoula County has tried for more than a year to extradite Rodney Gervais Jr. from the Blackfeet Indian Reservation to serve a one-year jail term for partner/family member assault.

But the Blackfeet Tribe has refused to turn him over. Gervais returned to Browning after he was accused of violating probation, and state officials can't arrest him unless the tribe gives its consent. Blackfeet officials point out the reservation has sovereign status, and the tribe is under no obligation to extradite suspects.

Missoula County Attorney Fred Van Valkenburg said the tribe wants a separate extradition agreement with each county, a situation he said is frustrating. Gervais is the son of Tribal Business Council member Rodney Gervais, who says he and his family have been the subject of malicious prosecution for speaking out against racism.

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