One of Miura’s Saipan defense attorneys, William Fitzgerald, said they will file an appeal.
“We tried and the judge didn’t see it our way and we’ll take our appeal to the Supreme Court. We’re going to appeal this denial of bail to the Supreme Court,” said Fitzgerald.
The judge said while she’s “sympathetic to some of the reasoning” of Miura’s defense team she will let California decide on his bail request and also asked the parties to refrain from discussing his double jeopardy defense citing lack of jurisdiction on the matter as main reason.
“The demanding state (California) can and should afford Mr. Miura the right to bail. I will leave that to California. Mr. Miura is not entitled to bail,” she said.
Miura, 60, frequented Saipan as a tourist before his arrest on Feb. 22.
Japan’s high court acquitted Miura of murder in 1998.
Fitzgerald said Miura remains in “good spirits” despite his twice denied bail request.
“He’s okay. He’s in good spirits. He’s looking forward to the hearing in California,” he said.
Fitzgerald argued on behalf of the defense.
“In our society, liberty is the norm. It is this court’s responsibility to inquire into the propriety of his (Miura’s) detention. You (Judge Manglona) have the power to release him on bail,” he said. “It’s up to you to afford him his constitutional rights.”
But Manglona wasn’t persuaded.
She said the case law cited by the defense is about attempted murder and not murder per se and added that the demanding state decided on the bail and not the rendering state in that case.
In Miura’s case, the CNMI is the rendering state and California is the demanding state.
The defense argued that the CNMI’s extradition statute is silent on the matter of bail after the governor’s warrant of arrest has been issued.
But the judge said the crime involved is a capital offense, which is nonbailable.
In California, murder is a capital offense punishable by death or life imprisonment.
Assistant Attorney General Jeffery Warfield Sr. said the CNMI has to hand over Miura to California.
“That’s all the court need to do,” he said.
He further argued that Miura, who has a string of felonious activities in Japan from his teenage years, is a flight risk.
“The general bail statute will not apply because this is an extradition case,” he said.
With Miura’s bail denied for the second time, Manglona ruled that her court will move on with his extradition proceedings.
She scheduled a Sept. 12 hearing for Miura’s petition for a writ of habeas corpus at 10 a.m.
The defense must submit its petition on July 25 and the prosecution must reply on Aug. 8.
The defense will respond to the prosecution on Aug. 22.
Miura’s attorney in California, Mark Geragos, is scheduled to appear anew in Los Angeles Superior Court for his client’s motion to quash his warrant of arrest.
Fitzgerald said that hearing is set for July 18 and Miura’s scheduled televideo appearance is still being worked out.
