AGO says Miura petition has no merit

The Attorney General’s Office asserted yesterday that Kazuyoshi Miura’s petition for habeas corpus is wholly without merit and presents no new issues.

Assistant attorney general Jeffery L. Warfield Sr. said Miura’s petition is “nothing more than a veiled attempt” at appealing the Superior Court’s prior ruling denying his motion to dismiss.

“Petitioner has failed to raise a cognizable issue that is subject to review in a habeas corpus proceeding challenging extradition,” said Warfield in the CNMI government’s opposition to the petition.

The government lawyer pointed out that Miura does not contest the issues of identity, the sufficiency of the documents nor whether he was present in California when the crimes were committed.

Warfield said Miura’s sole contention is that he is immune from prosecution based on a California double-jeopardy statute that he is the subject of a matter currently pending before the California courts.

The CNMI Superior Court, he said, is legally prohibited from reviewing such immunity issue.

Warfield said the local court should deny the petition as Miura’s arrest and detention is lawful since he is a fugitive wanted for extradition by California for the crimes of murder and conspiracy to commit murder.

Bruce Berline, one of Miura’s lawyers, said Saturday they would talk with the prosecution whether or not to once more postpone the hearing on Saipan following a Los Angeles county judge’s announcement that he would issue a decision by Sept. 26 on Miura’s motion to dismiss the murder and conspiracy charges.

Berline said that during Saturday’s hearing in L.A. Superior Court, Judge Steven Van Sicklen placed the motion under advisement and set another hearing for Sept. 26.

“The Sept. 26 hearing will be solely for the judge to render his decision in this matter and we go from there,” he said.

Berline said they don’t know what they are going to do with the scheduled Sept. 12 hearing on Saipan.

The Superior Court postponed many times the hearing and the filing deadline on the petition for habeas corpus following stipulations by Miura’s counsels and the prosecution.

Miura is accused of conspiring to kill his wife, who was shot when they were visiting L.A. in 1981. Miura was convicted of murder in Japan, but the verdict was overturned in 1998 by the country’s high court.

The 61-year-old Miura was arrested in connection with the murder while on a business trip to Saipan last February. Miura remains in jail as he fights his extradition to LA. from Saipan.