Extradition proceedings against a TV reality show producer charged with his wife's killing in Mexico were ongoing after a federal judge on Tuesday rejected his request to dismiss the case.
Bruce Beresford-Redman appeared in a jail jumpsuit and shackles during the hearing in which his attorney asked a judge to toss out the case on grounds that his detention on a fugitive warrant was unconstitutional.
U.S. Magistrate Judge Suzanne Segal refused, saying that U.S. prosecutors had established enough probable cause for the former "Survivor" producer to remain jailed as he fights being sent to Mexico.
Beresford-Redman is charged with aggravated homicide in that country, where authorities suspect he killed his wife, Monica, during an April argument at a Cancun hotel room they shared with their young children.
A final decision on whether Beresford-Redman will be returned to Mexico is likely months away.
His defense attorney, Vicki Podberesky, said an appeal of Segal's ruling would be considered.
In rejecting the dismissal, Segal sided with prosecutors who argued that they weren't required at this juncture to present evidence gathered by Mexican authorities. Much of that documentation will be presented at a formal extradition hearing likely to happen in the spring.
The defense's argument to toss the case also relied on an appellate ruling in an unrelated case that had been rescinded, assistant U.S. Attorney Ariel Neuman said. That ruling was thrown out when the fugitive fled after his release, Podberesky has said.
Segal agreed with prosecutors, but said that if the ruling were still valid, it might aid the producer.
The appellate court involved in the unrelated case would handle Beresford-Redman's appeal if one is filed.
Prosecutors in Beresford-Redman's case say there is substantial evidence against Beresford-Redman, including his admission that he was involved in an extramarital affair and statements from hotel workers and guests who saw or heard the couple arguing before his wife's death.
The prosecutors also said evidence of blood had been found in the couple's hotel room.
They have called the producer a flight risk, claiming he returned to Los Angeles after Mexican authorities asked him to surrender his passport and remain in the country until their investigation was complete.
Beresford-Redman's attorneys have said he wasn't ordered by a court to remain in Cancun and he did nothing wrong.
Beresford-Redman, who is also a co-creator of the MTV show "Pimp My Ride," has said he is innocent, but has not yet entered a formal plea.