Miura is scheduled to appear at 9 a.m. today in the chamber of U.S. District Court for the Northern Mariana Islands Chief Judge Alex Munson to hear his petition for a writ of habeas corpus.
The CNMI Supreme Court denied Miura’s second emergency motion to stay the execution of his extradition last Friday.
Munson, however, issued a stay on the extradition pending Miura’s new motion in federal court.
With Miura’s case now moved to the federal court, his custody has been transferred to the U.S. Marshals Service although he remains detained at the local jail.
Munson ordered the U.S. Marshals to bring Miura to his court today.
Miura’s lead counsel on Saipan, Bruce Berline, attempted to see his client on Saturday but wasn’t allowed.
Berline said they did speak through phone.
The prosecution said unless the defense presents new arguments in their petition, they expect the federal judge to rule in their favor. “I’m prepared, but who knows they may come up with a new argument,” said Assistant Attorney General Jeffery Warfield Sr.
Miura is accused of plotting the death of his wife in 1981 in LA that later enriched him in insurance claims.
But California didn’t charge him until 1988.
Miura served jail time in a separate case involving his late wife but Japan’s high court acquitted him of murder in 1998.
In his ruling, Van Sicklen agreed that Miura would be subjected to double jeopardy if tried in LA for murder.
But he said there is nothing to preclude LA prosecutors in prosecuting him for conspiracy to commit murder.
The prosecution here said the judge’s ruling will pave the way for Miura’s long awaited extradition to California.
“This eliminates any road block to his extradition,” said former Assistant Attorney General Mike Nisperos who is now the chief of Guam’s public defenders office.
The prosecution expects the LAPD agents to pick up Miura once all legal proceedings for his extradition to LA are cleared.
LAPD detective Rick Jackson and three others arrived on the night of Sept. 15 to escort Miura back to LA but failed because the local Supreme Court stayed his extradition pending his habeas corpus appeal.
It later lifted the stay and denied Miura’s appeal.
The defense is exploring the possibility of appealing Miura’s case up to the U.S. Supreme Court.
