Forty years after graduating from Penn and twenty years after fleeing the United States to avoid trial in the bludgeoning death of his girlfriend, Ira Einhorn was returned to native soil early last Friday morning.
And needless to say, those who had worked so hard to bring him back were happy to finally see him.
"It's an immense relief for my sisters and brother and I," said Buffy Hall, the younger sister of Holly Maddux, whose mummified body was found in a steamer trunk in 1979 in Einhorn's Powelton Village apartment.
"We're very happy to see... him taken to prison, which is where he should have been for the past 24 years," Hall said.
Philadelphia District Attorney Lynne Abraham, who, as a municipal court judge, signed the search warrant that led to the discovery of Maddux's body, said that although this "long and tortuous odyssey" was not over, Einhorn's return was a big step.
"It was extremely gratifying that all the effort we have expended over so many years finally bore fruit," Abraham said. "It's nothing to be happy about... but it's a measure of satisfaction that hard work paid off."
The journey to catch Einhorn, a prominent Philadelphia anti-Vietnam War activist and counterculture guru, began in 1981 when he jumped bail on the eve of his pretrial hearing for the 30-year-old Bryn Mawr College graduate's murder. He spent the next 16 years traipsing through Europe, being spotted in such places as Dublin and Stockholm.
In 1997, while living in Champagne-Mouton, France, under the pseudonym Eugene Mallon, Einhorn was arrested by French authorities. However, the United States' extradition request was denied on the grounds that he would not receive another trial in the U.S, as Einhorn was tried and convicted of first degree murder in absentia in 1993 and sentenced to life in prison.
"It is not right that my sister's murder has been used to make a political point with the U.S. because [the French] disagree with something that is not in our control," Hall said. "A murder case should be treated as a legal case, and not turned into a political football."
To try to place him in U.S. custody, the Pennsylvania legislature passed a new law in 1998 that specifically dealt with the Einhorn case. It entitles a person who is tried in absentia -- and who lives in a country that refuses to extradite people tried in absentia -- to request a new trial upon returning home.
French authorities would also not return Einhorn to the U.S. if he could possibly face the death penalty -- which France is opposed to -- if tried again. Although a major issue, this was technically a moot point because the death penalty was legalized in Pennsylvania one year after the murder, thus rendering it ineligible as punishment.
"That was just another stunt by Ira," District Attorney's Office spokeswoman Cathie Abookire said of raising the subject of the death penalty. "He never was, never could be and never will be eligible for the death penalty."
After the new legislation was passed, the French government held a second extradition hearing for Einhorn in late 1998, and approved his return in early 1999. However, he was allowed to remain free throughout the extensive appeal process, which, within the last two weeks, included requests to the Council of State, France's highest legislative body, and to the European Court of Human Rights.
Both bodies denied his motions, paving the way for Einhorn's return to the U.S. last week.
However, the ball is again in Einhorn's court for the next legal maneuver. Center City attorney Norris Gelman, who has represented Einhorn since 1978, said that Einhorn will likely request a new trial within 60 days.
"He's upbeat, he's got his energy, and he's going to fight," said Gelman of a recent visit to see Einhorn in Graterford Prison. "He's always denied guilt vehemently."
Einhorn has not officially retained Gelman as his counsel, but according to Gelman, "It looks like I'll be his attorney."
Gelman is also among those who believe that the state legislation that brought Einhorn to the U.S. is unconstitutional on the basis of violating the separation of powers between the executive and judicial branches of government.
But State Rep. Dennis O'Brien, the author of the legislation, believes that it will withstand a legal challenge.
"The way the legislation is written, his immediate conviction stands until he requests a new trial," he said. "So I believe it is constitutional."
If a new trial does occur, another hurdle for the prosecution could be the age of the case, as memories can fade and evidence can disappear. However, Abraham thought that the city still has a strong argument against Einhorn.
"It is more challenging to try an older case, but the bombing of the church in Birmingham, Alabama was [38] years old before men were brought to justice for the murders of those children," the district attorney said. "If they can try cases that are [38] years old, we can certainly try a case that is 24 years old, and we will be in very good shape to... win."
Yet even with the tremendous media attention that Einhorn's return has garnered -- which, according to Abraham, has all the "elements of a thriller" -- Gelman insists that if another Einhorn trial occurs, it will be held in Philadelphia. However, he admitted that finding an untainted jury "may very well be a significant problem."
"Pennsylvania has two cities -- Philadelphia and Pittsburgh -- and Alabama exists between them," Gelman, who defended Einhorn's empty chair in 1993, said. "We're not going anywhere."
And neither is Maddux's family, as they pledge to be just as resolute during the next stage of this ongoing battle as they have been in the past, constantly lobbying both the French and American governments to bring Einhorn to justice.
As for Hall, having her sister's killer behind bars is as close as she wants to get to him.
"I don't have anything to say to him," Holly's sister said. "I'm just content to see him finally get his day in court -- it's time for him to put up or shut up."
"I'm ready whenever he is," Hall added.
