Judge Refuses To Extradite Oneida Man For 1978 German Murder

A federal judge has ruled there isn’t enough evidence to extradite a Oneida County man to Germany for a 1978 murder that shocked the community near an American Army base. The decision, while significant, may not be final. Prosecutors now have a short window to supplement their evidence before the court reconsiders in January.

The Case Against James Patrick Dempsey

James Patrick Dempsey, 67, of Vernon, NY, was accused earlier this year of murdering 35-year-old Bärbel Gansau in Ludwigsburg, Germany. Dempsey, who was stationed at an Army base near the murder in 1978, was linked to the case decades later through fingerprint technology and partial DNA matches. His arrest made headlines worldwide but faded from public view after a couple of months, until now.

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Defense attorneys Lisa Peebles and John O’Brien from the Federal Public Defender’s Office have been working to challenge the extradition request. Their investigation uncovered significant evidence pointing to other suspects and questioned the reliability of the claims against Dempsey.

Conflicting DNA Evidence

At the heart of the case is conflicting DNA evidence. Prosecutors argue that Dempsey’s DNA and fingerprint prove his involvement. However, defense experts like retired medical examiner Dr. Mary Jumbelic disagree. Jumbelic testified that DNA under Gansau’s fingernails—evidence of her struggle—belonged to another man, not Dempsey. Furthermore, DNA found on Gansau’s clothing, which had been cut off during the crime, also did not match Dempsey.

The defense also highlighted Gansau’s lifestyle, noting she was romantically involved with several men from the nearby base. Witness reports from 1978 identified other potential suspects—none of whom matched Dempsey.

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Judge Lovric’s Decision

U.S. Magistrate Judge Miroslav Lovric delivered his opinion, stating the evidence presented so far is “inadequate” to justify extradition. While probable cause is a much lower legal threshold than “beyond a reasonable doubt,” Lovric made it clear that he expected a stronger case from the Department of Justice.

What Happens Next?

Prosecutors have until early January to provide additional evidence. For now, James Patrick Dempsey remains in the U.S., but the decades-old murder case continues to hang in the balance.