Oh, I understand that they don't try people in absentia (or however that's spelled) but couldn't they do anything else while waiting to get him back on American soil? I don't remember exactly when the Mexicans picked him up, but it wasn't long after he got there; they wrangled over returning him because they didn't want him facing the death penalty. At any rate, he's been cooling his heels in an American prison for almost a year and a half since his return from Mexico. It seems pretty unlikely that there was any evidence that took almost 3 years to sort out, before they could bring the man to trial.