Mark Hanson, one of Miura’s three defense counsels on Saipan, said in his 11-page application for a writ of habeas corpus filed on Friday in CNMI Superior Court, his client should be immune from reprosecution because Japan already acquitted him of murder.
The Los Angeles prosecutors, however, argued they can still prosecute Miura for conspiracy to commit murder in relation to the 1981 attack on his then 28-year-old wife in downtown LA that led to her death months later.
But the defense insists Japan also acquitted Miura of conspiracy.
Hanson said the U.S. Supreme Court said one of the conditions that should be considered by the court when reviewing a petition for habeas corpus is whether or not the petitioner, Miura, has been charged with the crime in the demanding state.
“Mr. Miura is immune from prosecution for the crimes which the state of California requested his extradition and upon which the governor’s warrant was issued here. This is not a case where there is an issue of finding a probably cause for his arrest,” Hanson said in papers he filed in court.
Hanson further argued that “California’s almost 20-year delay in seeking Mr. Miura’s extradition denies Mr. Miura the due process guaranteed him by the United States Constitution.”
He added, “In either case, the state of California has no right to request Mr. Miura’s rendition from the Commonwealth of the Northern Mariana Islands. The governor’s warrant on which Mr. Miura is currently being held is illegal and should be quashed. Kazuyoshi Miura should be released forthwith.”
CNMI Superior Court Associate Judge Ramona Manglona will hear the habeas corpus petition on Sept. 12.
Murder is a capital offense in California with no statute of limitation in prosecuting defendants.
The state changed its Penal Code in 2004 such that prior convictions or acquittals should not be considered a bar to prosecute defendants.
Miura’s lawyers, however, argued that their client’s acquittal happened before the law was changed, therefore, it should not apply to him.
Miura has been detained here since his arrest more than six months ago at Saipan’s international airport.
His lawyer in Los Angeles, Mark Geragos, separately filed a motion to quash his 1988 warrant of arrest in the LA Superior Court.
LA Judge Steven Van Sicklen decided to continue the hearing for the motion on a yet to be determined date.
