there are leading murder cases in the nation where the defendants were allowed to post bail.
Miura’s first bail attempt was denied.
“We filed the bail motion. Extradition cases are very unique. On top of that this is a unique extradition case. We’re hopeful that Judge (Ramona) Manglona would recognize those and let him out,” said attorney Bruce Berline in an interview.
On Friday, Berline filed a 12-page bail motion for Miura who has been in Saipan’s jail since his arrest on Feb. 22 in connection with the suspicious death of his wife 27 years ago in a Los Angeles parking lot that later enriched him in insurance payouts.
Berline cited several leading cases in the U.S. whereby murder defendants were allowed to post bail invoking the U.S. Constitution’s Fifth Amendment as defense.
“The Ninth Circuit, in Paretti v. United States…held that detaining an extraditee without the government showing the court that the detainee was a flight risk or a danger to the community constituted a violation of the due process clause of the Fifth Amendment,” he said.
Japan’s Supreme Court acquitted Miura of murder but the L.A. District Attorney’s office said the state’s penal codes were changed in 2004 such that foreign acquittals and convictions are no longer considered a bar to prosecute defendants.
But Berline and his counterpart in L.A., Hollywood celebrity lawyer Mark Geragos, argued the law should not apply to Miura because his alleged crime was committed before 2004 and noted that unless specified, a law takes effect on the date of enactment and not applied retroactively.
The CNMI prosecution is scheduled to file its opposition against Miura’s bail motion on June 4. A hearing will subsequently follow on the 6th at 2 p.m.
Assistant Attorney General Jeffery Warfield Sr. said Miura, who is facing murder-related charges, is considered a flight risk and should not be granted bail.
He said murder is a capital offense in the state and in the CNMI which makes it a nonbailable offense.
He further argued that even if Miura’s passport is held by the commonwealth, there is nothing to prevent him from taking a boat to escape from the island.
Berline said the only place that Miura could go anywhere via boat from Saipan is the U.S. territory of Guam.
“In these post 9/11 times, it is extremely difficult, if not impossible, for a person with Mr. Miura’s notoriety to leave Saipan, unnoticed, without a valid passport,” the attorney said.
“The only place he could possibly fee to in a boat would be to Guam. Such a foolish attempt would come only with a grave risk of death at sea,” he added.
