On December 20th, 2010, the Middelburg Court, in Netherland, refused the extradiction request for Giuseppe Lo Porto, prepared by Judy A. Newcomb (district attorney for Baldwin county, Alabama, USA), with the following motivation:
- the above declarations and the facts recounted by Kathrin Lo Porto have been made during a period in which was active a procedure (a divorce) between her mother, Patricia Ann Lo Porto and the defendant;
- at the time of release of the declarations (around July 1st, 1996), Kathrin Lo Porto (born on May 6th, 1982) was a minor;
- the latest legal advancement (in netherland) and the current criteria increasingly restrictive and severe during earings of minors in case of accusations (of sexual assault) to protect the (alleged) victim and to protect the (alled) perpetrator (see Aanwijzing Opsporing en vervolging inzake seksueel misbruik, Guidelines for the Assessment and Prosecution of sexual crimes on November 1st, 2010 active since January 1st 2011 and replacing Aanwijzing Opsporing en vervolging inzake seksueel misbruik, Guidelines for the Assessment and Prosecution of sexual crimes on December 15th, 2008) and
- that, altough it was explicitely said possible, no additional probatory material was attached to the extradiction request to integrate the same with material that could be linked to a source different from Kathrin Lo Porto,
because of this even the District Attorney, during the earing of November 30th, 2010, concluded that no additional probatory material did in fact exist.
This means that the extradiction request must be refused. In addiction, the refusal of the extradiction request imply the immediate suspension of the incarceration.
On May 25, 2012 Pino Lo Porto was arrested in Italy and immediately deported in Alabama by the Italian Police and FBI Agents. The agents refused to follow the sentence of the Netherland Court, European Court and the Regional Administrative Court of Latium, where Pino Lo Porto was declared innocent becouse there was no one evidence, given by Alabama's Attorney, to declare him guilty.
On December 13, 2014, after more than one year of delay, the Baldwin County Court condemn Pino Lo Porto (80 y.o.) to spend the last days of his life in jail, without let Pino Lo Porto defend himself.