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L.A. judge wants briefing on need for Miura’s presence
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Posted on Apr 24 2008
The Los Angeles Superior Court wants a briefing whether Japanese businessman Kazuyoshi Miura needs to be in L.A. for his double jeopardy argument, according to Miura’s Saipan counsel.
Lawyer Bruce Berline said that, in yesterday’s hearing in L.A., the judge set another hearing for May 9 only on the issue of whether the 60-year-old Miura needs to be present in California to assert his defense.
“The judge was initially siding with the prosecution. He is saying ‘well yeah, we think Mr. Miura needs to be here.’ But then after [attorney Mark] Geragos made his argument, the judge was favoring Mr. Geragos and that’s when he said, ‘look we need a briefing on this,’” Berline told reporters shortly after he emerged from the Department of Corrections during his visit with the defendant yesterday afternoon.
The Saipan attorney said they are hopeful that immediately after that May 9 hearing the judge will proceed to the merits of the motion to quash the arrest warrant, assuming that he rules that Miura does not need to be present in California.
Berline underscored the importance of winning that motion to quash in order for Miura’s release.
“What I hope does not happen is that the judge says, ‘Okay I’ve ruled that Mr. Miura does not have to be here, now let’s set a hearing on the merits of the motion to quash for two weeks from now,’” he said.
“I don’t want to be there. I want these things done by May 9 and I am sure Mr. Miura wants it done by May 9 and Mr. Geragos wants it done by May 9,” he said.
Berline said they are hoping that the judge will take into consideration Miura’s detention on Saipan and there is an urgent need for his ruling on the motion to quash the arrest warrant.
Miura has been in detention since authorities arrested him at the Saipan International Airport on Feb. 22 in connection with the murder of his wife in Los Angeles in 1981.
