Miura’s lawyer: The war is far from over

“We lost the battle, but the war is far from over.”

Thus said Bruce Berline, one of Kazuyoshi Miura’s lawyers, reacting to the CNMI Supreme Court’s decision Tuesday affirming the Superior Court’s ruling to extradite Miura to California.

Yesterday afternoon, Berline filed an emergency motion asking the CNMI Supreme Court to stay Miura’s extradition or his removal from Saipan to California while he pursues further proceedings in the U.S. District Court for the NMI.

“If 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,” said the lawyer in the 11-page motion.

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.

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.

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’s 20-year delay in seeking Miura’s extradition.

Shortly after the CNMI Supreme Court issued its written order Tuesday affirming the trial court’s extradition order, Berline told the media that their next step is to request the Commonwealth’s High Court for another stay of the extradition order.

“This 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,” he said.

Berline said they are also still considering going to the U.S. Supreme Court.

A few hours after holding a hearing on Tuesday in Miura’s 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’s extradition order.

The justices did not explain their decision, saying their reasoning in affirming Manglona’s order will follow in a full opinion.

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.