A suspected terrorist wanted by the FBI for more than two decades before being found in Wales may be forced to join a criminal gang for protection in prison if convicted in the US, a court heard.
Daniel Andreas San Diego, 47, was one of the agency’s “most wanted fugitives” after bombings in San Francisco, California, in 2003, allegedly linked to an animal rights extremist group.
He was found last November at a property in a rural area next to woodland in Conwy in North Wales, where he had been living under a false identity.
An extradition hearing at Westminster Magistrates’ Court will decide if he will be sent back to the United States.
In his written argument, Mark Summers KC, defending, said if sentenced to long-term imprisonment, San Diego would enter a US Bureau of Prisons facility “beset by, and unable in practical terms to protect him from, serious violence”.
He wrote: “In reality, only joining criminal gangs can offer protection from violence within the United States Penitentiaries (USP).
“For a caucasian inmate such as Daniel Andreas San Diego, white supremacist gangs (such as Aryan Brotherhood) represent the only option for protection.”
Nicole English, who formerly worked for the US Bureau of Prisons, giving evidence on Tuesday, told the court that San Diego would be “vulnerable” in a penitentiary given his lack of experience of how to assimilate with other inmates.
Mr Summers wrote that the alternative is long-term protective custody in a specialised housing unit which is “barely less oppressive” as it may lead to prolonged isolation.
He added: “Whatever the legality of this system as a short-term measure, the prosect of exposure to it for years, and as a means of escaping another state-induced Article 3 violation, is intolerable.”
Joel Smith KC, for the US government, asked Ms English if an individual fearing for their safety can ask staff for protection.
She replied: “Yes.”
Mr Smith told the court that the US government announced an increase in its funding of prisons earlier this year.
On August 28 2003, two bombs exploded about one hour apart on the campus of the Chiron biotechnology corporation in Emeryville, California, the FBI previously said.
Then, on September 26 2003, one bomb strapped with nails exploded at the Shaklee nutritional products corporation in Pleasanton, California.
San Diego was indicted in the United States District Court, Northern District of California, in 2004, charged with causing damage by explosives at Chiron and Shaklee, and possession of explosives during the alleged offences.
Under a subsequent indictment, new counts were added including charges of “using or carrying an explosive device to commit a felony”, the extradition hearing heard.
Mr Summers previously told the court that San Diego could face a “90-year sentence” if there is a a terrorism enhancement and he is convicted.
The FBI previously said that San Diego, who was born in Berkeley, California, had “ties” to an animal rights extremist group and there was a reward of 250,000 dollars (£198,000) for information leading directly to his arrest.
The extradition hearing has been adjourned until December 8.
