Bruce A. Marchant refused to waive extradition Thursday during an appearance in a New York City court.
Marchant was arrested early last month at a Veterans Affairs hospital in New York City after Boise detectives conducted interviews in the death of Boise State University student Sierra Bush.
That means Marchant, 61, will remain in jail there until formal requests by Idaho Gov. Butch Otter and New York Gov. Andrew Cuomo are presented to a judge at a hearing scheduled next month.
Marchant will return to New York Supreme Court (comparable to an Idaho district court) on Feb. 3, the Manhattan District Attorney’s Office announced.
Criminal suspects cannot be moved from one state to another without an extradition hearing. If the suspect waives extradition, he will be sent back promptly to the state that issued the warrant for his arrest.
When extradition is not waived, as in Marchant’s case, the two state governors must issue a governor’s warrant, an executive order, instructing the court to return the prisoner to the requesting state.
At the Feb. 3 hearing, Marchant will be given the opportunity once again to waive extradition or to challenge the Idaho warrant charging him with first-degree murder, kidnapping and rape. If he challenges the warrant, a judge would decide whether to return him to Idaho, based upon the request of the two governors.
Brian Naugle, the assistant Ada County Prosecutor handling the case, said he did not anticipate having anyone from Idaho to attend that hearing or present evidence.
Marchant was arrested early last month at a Veterans Affairs hospital in Manhattan.
Boise police detectives conducted hundreds of interviews before traveling to New York City to arrest Marchant for the murder of Bush, the 18-year-old Boise State University student.
Authorities have not revealed how Marchant was identified as a suspect in the case.
Sierra — or Simon, to some — went missing in late September, and her naked body was found Oct. 22 in a creek about 30 miles from Idaho City, in Boise County.
Marchant previously spent three decades floating between Idaho and federal prisons. At the time, he was serving a 20-year sentence for a North Idaho armed robbery and an assault on a police officers.
Notes from Idaho Parole Commission meetings and disciplinary reports from the Idaho Department of Correction revealed Marchant to be a loner unable to follow rules much of the time and someone who openly defied corrections officers at times.
At one point, he told authorities he killed a fellow Idaho inmate, but he was not criminally charged in that case. He claimed self-defense when interviewed by detectives from the Ada County Sheriff’s Office, who investigated the death.
Marchant tried to reduce his prison sentences in 1989. The Idaho Court of Appeals ruled against him, saying his “behavior resulted from debilitating psychological disorders” and that he stopped using prescribed medication and resorted instead to heavy alcohol use.
He ultimately served the full 20 years for the crimes before he was released Sept. 26, 2008.
Marchant once lived in a house owned by Bush’s father, Phil Bush, on a cul-de-sac along Maple Grove Road, between Ustick and McMillan. The home was a half-mile from a duplex that Sierra Bush moved into with her father in June. Phil Bush told the New York Daily News that Marchant hadn’t lived there for about six months leading up to Sierra’s disappearance.