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Miura takes bail issue to CNMI Supreme Court
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Posted on Jul 15 2008
Kazuyoshi Miura yesterday appealed Superior Court associate judge Ramona V. Manglona’s decision denying his request to allow him to post bail.
William M. Fitzgerald, one of Miura’s three lawyers on Saipan, filed a notice of appeal in the Superior Court.
Fitzgerald said Miura is appealing Manglona’s order denying his motion for bail modification. The lawyer attached Manglona’s decision in their notice of appeal. No other statement was given.
In a written decision issued on June 25, 2008, Manglona ruled that Miura’s argument that his situation presents special circumstances that allow for bail “misses the mark.”
Citing a U.S. Supreme Court ruling in a case that, according to Manglona, resemble in some respects those of Miura as argued, the judge said under the federal Extradition Act, “it is for the California courts to do justice in this case based upon its substantive law and procedures, not the CNMI courts.”
Miura moved to modify the bail. The defense counsel’s position is that denial of an opportunity for the 60-year-old Miura to obtain bail violates rights provided him under the U.S. and CNMI Constitutions.
In addition to due process rights to liberty, the defense also maintained that Miura is entitled to bail under the “special circumstances” doctrine.
The Attorney General’s Office argued that the CNMI extradition statute explicitly states that someone who is charged with capital offense is not entitled to bail.
In the hearing of the motion last June 19, Manglona orally denied Miura’s bail modification request.
The State of California is seeking Miura’s extradition on charges of murder and conspiracy to commit murder in connection with the killing of his wife in 1981. Miura has been in jail since he was arrested at the Saipan International Airport last February.
