Judge Greenlights Conspiracy Charge against Miura
By Nao Gunji
RAFU ASSISTANT EDITOR
Saturday, Sept. 27, 2008

Van Sicklen says murder trial would create double jeopardy.

Defense attorney Mark Geragos leaves a news conference after a hearing in Los Angeles County Superior Court in Torrance, Friday.

Associated Press
Kazuyoshi Miura

At a hearing held Friday in Torrance, Superior Court Judge Steven Van Sicklen granted the defense’s motion to quash the arrest warrant against a Japanese businessman on a murder count, but denied it on a charge of conspiracy to commit murder. 

Kazuyoshi Miura has been charged with murder and conspiracy in connection with the death of his 28-year-old wife, Kazumi, but the judge determined that trying Miura for murder would constitute double jeopardy, since he had already been tried on that charge in Japan.

“Although the murder charge is barred by double jeopardy, the State may proceed on the charge of conspiracy to commit murder because there is no evidence that Miura was previously acquitted or convicted of the same offense in Japan,” Van Sicklen stated in his written ruling.

Miura could face 25 years to life in prison if convicted of the conspiracy.

The 61-year-old Japanese businessman has been detained in Saipan since February. A day before the California ruling, the U.S. District Court in Saipan granted his emergency motion to stay the Commonwealth of the Northern Mariana Islands Superior Court’s decision for his extradition to Los Angeles.  

Miura’s lawyers decided to take the extradition case to the federal court shortly after the CNMI Supreme Court denied another emergency motion for a stay of Miura’s extradition order. 

Mark Geragos, Miura’s attorney in Los Angeles, stated after the hearing that the defense team hasn’t decided whether they’re going to appeal Friday’s ruling or do another hearing solely on the conspiracy charge once Miura is brought to California. 

“Obviously we’re disappointed. We’re gratified that he can’t be prosecuted for murder, but obviously disappointed in the ruling on conspiracy,” Geragos said. “The American expression is the judge cut the baby in half.”

Sandi Gibbons, Los Angeles County District Attorney’s Office public information officer, also stated that the prosecutors are looking over their options to decide if they will appeal the ruling on the murder charge.

“We’re gratified in Judge Van Sicklen’s ruling. He obviously took a great deal of time and put a lot of thought into it. We appreciate the effort that he put out. We will be looking forward to the extradition of Mr. Miura. Getting him here and trying him on conspiracy to commit murder,” said Gibbons.

Kazumi Miura was shot in the head Nov. 18, 1981, in downtown Los Angeles while visiting the city with her husband, who was treated for a bullet wound to the leg. She was taken to Japan after the shooting and died there on Nov. 30, 1982, without regaining consciousness.

In a statement released in May 1988 after the murder and conspiracy charges were filed in Los Angeles, prosecutors alleged Miura collected about $750,000 from life insurance policies on his wife.

Miura was charged in 1985 with attempted murder in connection with that attack by authorities in Tokyo. He was convicted in August 1987 and sentenced to six years in prison.

A hearing is scheduled Monday in Saipan to discuss the extradition.