Ruling Delayed on Miura Arrest Warrant
By NAO GUNJI
Rafu English Assistant Editor
Saturday, April 26, 2008

Superior Court Judge Steve Van Sicklen says he needs more time to review the defense’s claim.

Photos by Associated Press
Kazuyoshi Miura’s defense attorney, Mark Geragos, right, speaks to members of the media outside Los Angeles Superior Court Wednesday.

Kazuyoshi Miura, center, has been detained in the U.S.
commonwealth territory of Saipan since his arrest on Feb. 22.

A Los Angeles Superior court su­pervising judge was not able to reach a ruling on the motion to quash the arrest warrant against a Japanese man charged with the murder of his wife, who died a year later after she was shot in Los An­geles in 1981, at Wednesday’s hearing in downtown Los Angeles.

I don’t want to rush into this rul­ing,” said Judge Steven Van Sicklen at the hearing, asking for more time to review the defense’s claim. “I want to be pragmatic as much as I can.”

On behalf of Kazuyoshi Miura, who has been detained in the U.S. common­wealth territory of Saipan since his arrest on Feb. 22, attorney Mark Geragos cited California Penal Code 793—“When an act charged as a public offense is within the jurisdiction of the United States, or of another state or territory of the United States, as well as of this state, a conviction or acquittal thereof in that other jurisdiction is a bar to the prosecution or indictment in this state”—arguing that the bar on institu­tion of a proceeding is the immunity guaranteed to the defendant, who was acquitted in Japan in 2003.

The high-profile attorney also claimed that quashing of the arrest warrant is the only appropriate procedure the court should take in order not to repeal Code 793.

Meanwhile, District Attorney Alan Jackson argued that the defendant needs to be present at the California court to exercise “his right to protect his rights and interests,” citing Penal Code 977(b). “(Miura) committed a murder in California,” Jackson told the court. “The defendant’s body must be present at the court. He must come to this court before anything can happen.”

The judge initially sided with the DA’s argument that “the defendant has to be here for all the procedure” and whether this is indeed a double jeopardy case or not must be litigated in Cali­fornia with Miura present at the court. However, after listening to Geragos’ argument, he said, “I’m interested in this 793 theory.”

In a press briefing after the hearing, Geragos stated that he feels confident that his client doesn’t have to be extra­dited, though if brought here, he cannot be re-prosecuted. The attorney also ex­plained that if the judge rules on Miura not to be extradited, the court will then decide on the merits, whether or not it’s a second prosecution for the same charges, without the defendant present at the court.

“We obviously believe that it is, and then that becomes yet a separate argu­ment,” Geragos said.

Asked if he was caught off guard by how the judge seemed interested in the defense’s claim, Jackson said, “Not at all.”

“It’s not uncommon in complex legal issues for a court to want additional submissions of paperwork, motions, things of that nature. And that’s exactly what Judge Van Sicklen did,” the pros­ecutor continued. “I think he should be lauded for taking the time and the energy to make the right ruling. We applaud that.”

Kazumi Miura, the defendant’s 28-year-old wife, was shot in the head on Nov. 18, 1981 on Fremont Avenue near the Los Angeles Civic Center while visiting the city with her husband, who injured his leg during the shooting. She was taken back to Japan after the shooting and died there in 1982 without ever regaining consciousness.

The arrest warrant alleges that Miura “gave a hand signal to an unknown person to shoot Kazumi Miura in the head.” The warrant also alleges the special circumstance allegations of murder for financial gain and murder while lying in wait, which could make him eligible for the death penalty.

Along with the murder, he was charged in 1985 by Japanese authorities with the attempted murder of his wife at what was then known as the New Otani Hotel and Garden in Little Tokyo three months before the shooting.

LAPD Cold Case Unit Detective Rick Jackson and Jimmy Sakoda, who worked on the case in the 80s and has recently been brought back for the prosecution, were also present at the hearing.

A ruling is now scheduled to take place on May 9.