Filing of Miura petition for habeas corpus extended

The defense team of Japanese businessman Kazuyoshi Miura and the Attorney General’s Office yesterday agreed to request the Superior Court to allow a two-week extension for Miura to file his petition for habeas corpus.

Following the stipulation by the parties in the case, Superior Court associate judge Ramona V. Manglona granted the request yesterday afternoon.

Miura’s counsel, Bruce Berline, and chief prosecutor Jeffery Warfield Sr. agreed to the extension due to a hearing in the Los Angeles Superior Court next week, April 23.

In the stipulation, Berline and Warfield said the April 23 hearing is about Miura’s motion to quash the underlying California arrest warrant in the L.A. Superior Court.

The lawyers said a ruling from that motion “may be dispositive” of the extradition matter filed against Miura in the CNMI Superior Court.

Manglona had earlier set a briefing schedule for Miura to file a petition for habeas corpus.

Manglona’s earlier order required Miura’s counsel to file such petition by today, April 18. Any opposition brief from the CNMI government and or the State of California should also be filed by May 2, 2008, and any reply brief filed by Miura by May 8.

Berline and Warfield, however, agreed to request the court to extend the briefing schedule for the petition, opposition and reply. The parties requested that the petition would be due on or before May 2, 2008. They agreed that any opposition brief from the AGO and or the State of California would be due on or before May 16, 2008. Any reply brief filed by Miura would be due on or before May 19, 2008.

Manglona said she approved the stipulation and granted the request for extension due to good cause having been shown.

The 60-year-old Miura was arrested by Saipan authorities at the Saipan International Airport on Feb. 22 in connection with the murder of his wife, Kazumi Miura, in L.A. in 1981.

Miura had already been convicted in Japan in 1994 of the crime. The verdict, however, was overturned by Japan’s high court 10 years ago.

Last Friday, the San Diego Superior Court dismissed a murder charge a Mexican man who had already served a sentence in Mexico for murdering his wife 20 years ago. The court cited the principle of avoiding double jeopardy, in which a person may not be tried twice over the same crime.

The Saipan legal team of Miura last Tuesday expressed belief that the San Diego court’s double jeopardy ruling will have a strong impact on Miura’s murder case.