\u201cWe lost the battle, but the war is far from over.\u201d<\/p>\n
Thus said Bruce Berline, one of Kazuyoshi Miura\u2019s lawyers, reacting to the CNMI Supreme Court\u2019s decision Tuesday affirming the Superior Court\u2019s ruling to extradite Miura to California.<\/p>\n
Yesterday afternoon, Berline filed an emergency motion asking the CNMI Supreme Court to stay Miura\u2019s extradition or his removal from Saipan to California while he pursues further proceedings in the U.S. District Court for the NMI.<\/p>\n
\u201cIf this court does not grant a stay of extradition, Mr. Miura could be extradited at any time and thus forever lose his right to appeal these issues,\u201d said the lawyer in the 11-page motion.<\/p>\n
He asserted that if the High Court grants the stay, Miura would be spared of serious and irreparable prejudice and harm, without any other party suffering harm or prejudice of any kind.<\/p>\n
Alternatively, Berline said, they are asking the high tribunal to grant their client a temporary stay of at least three business days to allow him to apply for a stay in the federal court.<\/p>\n
The lawyer said this case raises substantial legal issues both in the nature of the proceedings pending against Miura in the State of California and the propriety of California\u2019s 20-year delay in seeking Miura\u2019s extradition.<\/p>\n
Shortly after the CNMI Supreme Court issued its written order Tuesday affirming the trial court\u2019s extradition order, Berline told the media that their next step is to request the Commonwealth\u2019s High Court for another stay of the extradition order.<\/p>\n
\u201cThis will allow us to continue our process of appealing and get what we think are relevant and serious issues before the appropriate court. Right now that seems to be the U.S. District Court for the NMI,\u201d he said.<\/p>\n
Berline said they are also still considering going to the U.S. Supreme Court.<\/p>\n
A few hours after holding a hearing on Tuesday in Miura\u2019s appeal, chief justice Miguel S. Demapan, associate justice Alexandro C. Castro, and justice pro tem Jesus C. Borja affirmed Superior Court associate judge Ramona V. Manglona\u2019s extradition order.<\/p>\n
The justices did not explain their decision, saying their reasoning in affirming Manglona\u2019s order will follow in a full opinion.<\/p>\n
The 61-year-old Miura has been detained at the Department of Corrections since he was arrested at the Saipan airport in February. He is fighting his extradition to California where he is facing charges of murder and conspiracy to commit murder over the killing of his wife in 1981.<\/p>\n","protected":false},"excerpt":{"rendered":"
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