Judge in Miura case: Focus on extradition laws

Superior Court Associate Judge Ramona V. Manglona yesterday postponed the hearing in Kaziyoshi Miura’s request to modify his bail and asked the prosecution and Miura’s lawyers to focus on relevant extradition laws.

Manglona reset the bail modification hearing and status conference to June 19 at 10am following a request by William J. Fitzgerald, one of Miura’s three lawyers.

The judge told the Attorney General’s Office and the defense counsel to look into previous cases relevant to Miura’s case rather than engage in factual disputes.

Manglona mentioned some cases dealing with extradition rights and laws.

“I’m not treating this as a regular criminal case. This is not a criminal case filed by the CNMI government,” said Manglona, noting that even the caption of the case specifically states that it is an extradition matter.

At the hearing, Fitzgerald told the court that they are requesting postponement of the bail modification hearing and that they had already discussed it with assistant attorney general Jeffery Warfield Sr.

Fitzgerald said he wants to explain why there is a need for extra time.

“I’m not sure whether we’re on the same page,” said the defense lawyer as he cited the government’s opposition that mentioned a California detective’s affidavit.

Fitzgerald said they are going to produce affidavits that would contradict the affidavits of the California detective.

He said all those violent characterization of Miura by the detective in the affidavit were already dismissed by Japanese courts.

At this juncture, Warfield stood up to object that Fitzgerald was already discussing details when in fact they were requesting a postponement in the hearing.

Manglona asked Fitzgerald not to discuss details about the case.

As Fitzgerald tried to explain further, the judge stopped him.

Manglona then provided the parties “case laws” that according to the judge will guide them in Miura’s extradition case.

Miura’s other counsel, Bruce Berline, told the media after the hearing that they need more time to reply to the California detective’s affidavit.

“That’s the first time we’ve ever seen that affidavit. We got that affidavit yesterday morning. We were served with the memorandum Wednesday night. And we weren’t served with the affidavit until Thursday morning,” Berline said.

Given what was in the affidavit and its bias, they had to ask for more time in order to provide Manglona with the whole story of what’s going on, he added.

Warfield told Saipan Tribune that they really didn’t agree to the postponement, but it is just a matter of professional courtesy to each other.

“They called us yesterday afternoon, asking to continue the date. As a matter of professional courtesy we were not going to oppose it. …We understand that they need to get some additional information so we’re prepared to have the judge set a new date,” Warfield said.

In Miura’s motion for bail modification, his lawyer argued that the Japanese national should be released temporarily because a defendant in a murder case is entitled to bail in the CNMI and in California.

Berline argued that contrary to the prosecution’s earlier assertion, a person charged with murder and even murder in the first degree in the CNMI is entitled to a bail hearing and may be released on bail.

But in the government’s opposition, Warfield and assistant attorney general Mike Nisperos Jr. said Miura poses a danger to the community as he is “a desperate man in a desperate situation.”

Any citizen who might stand between Miura and his freedom would be in grave danger, according to the prosecutors.

Warfield and Nisperos said that under the CNMI law, Miura is statutorily prohibited bail because he is being extradited to answer for the charges of special circumstances murder and conspiracy to commit murder.

The charges, they pointed out, are punishable by life imprisonment or death under the laws of the State of California.

Attaching an affidavit of the California detective in support of the complaint for Miura’s extradition, the prosecutors narrated how the defendant plotted the murder of his wife, Kazumi, in November 1981 to collect insurance benefits.

“There is no justification to suffer the danger he poses to the people of the Commonwealth if he is released from custody,” the prosecutors said.

The 60-year-old Miura was arrested by Saipan authorities at the Saipan International Airport on Feb. 22 in connection with the murder of his wife in L.A. in 1981.

Miura had already been convicted in Japan in 1994 of the crime. The verdict, however, was overturned by Japan’s high court 10 years ago.