By SCOTT SONNER | Associated Press

RENO, Nev. – A former Nevada deputy attorney general charged with a 1972 m*rder in Honolulu told a Reno judge Wednesday that he wants to fight extradition to Hawaii because he believes he was arrested last week. If he went, his constitutional rights were violated.

Tudor Chirella, 77, said he was illegally arrested at a Reno hospital after police earlier this month forced him to provide saliva for a DNA sample that detectives wanted. It is said to have been linked to the cold case of a 19-year-old woman in Hawaii.

“I think if the 9th Circuit (Appeals Court) saw this, they would throw it out,” Chirella told the judge from a wheelchair as he appeared Wednesday in Reno Justice Court.

Justice of the Peace Scott Pearson told Chirella that any legal challenge to his arrest would have to come in Hawaii, where he would be tried. But he agreed to appoint Chirella a public defender and set another hearing for Oct. 3.

Washoe County Deputy District Attorney Amos Stage said he would begin efforts to obtain a governor’s warrant in Hawaii for Chirella’s extradition.

Meanwhile, Pearson ordered Chirella to remain jailed without bail on a fugitive warrant in Reno, where he was arrested last week in Hawaii on a criminal complaint charging him with the fatal stabbing of Nancy Anderson in her 1972 Honolulu apartment. The stabbing was charged with second-degree m*rder.

The former deputy attorney general once sat on the Nevada Supreme Court and later served as president of a corporation associated with the notorious Mustang Ranch.

Chirella, who appeared frail and balding with a few gray hairs on the edges while in a red prison jumpsuit and handcuffed around the waist in a wheelchair, told the judge that the officers who obtained a DNA sample from him would have indicated If they could defeat me. Its saliva is essential for collection.

“I kept saying it was unconstitutional,” Chirilla said.

“You’re making me a witness against you,” he said. “Whether it’s Donald Trump saying I refuse to answer a question or I saying I refuse to provide a sample, that’s a constitutional right.”

Chirella said he had recently had eye surgery when officers knocked on the door of his residence Sept. 6 with a warrant for a DNA sample and told him to use any force to obtain it. can do

“I was scared as hell that they were going to shoot my eye out,” he said. “I kept saying it was unconstitutional.”

Officers have the authority to use any reasonable force necessary to obtain a sample, Pearson said. He said he understood Charella’s concerns, but “it’s not an issue in this court.”

The judge reiterated that any constitutional arguments would have to be presented in Hawaii’s district court and any complaints about police treatment would have to be filed in civil court.

Pearson also tells Chirella that the decision is up to him, but that in such an old case, the longer he waits, the more opportunities he wants to testify on his behalf may not be available.

He said that because Chirella had admitted that he was the person named in the arrest warrant from Hawaii, that was the only issue before the Reno court and extradition was almost certain.

“It doesn’t seem like there’s much to contend with. But that’s your decision,” Pearson said.

“Oh, your honor, I want to go to Hawaii,” Chirella replied.

“It’s beautiful. The problem is, I don’t think the arrest was constitutional,” he said. “If I go to Hawaii, they’re going to say they did nothing wrong — it’s Reno (police). He was the one who was harsh with you.”

Honolulu police said new DNA evidence linked him to the crime scene at Anderson’s apartment in Waikiki, where he was stabbed more than 60 times. She had recently moved there from Bay City, Michigan and was working at a McDonald’s restaurant.

A criminal complaint filed in Hawaii said police have reopened the cold case several times since the 1972 killing and were tipped off in December that Chirella might be a suspect.

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