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Tuesday, Feb. 26, 2008

Saipan denies bail for Miura
Compiled from Kyodo, staff reports

SAIPAN — A Saipan court denied bail Monday to businessman Kazuyoshi Miura following his arrest Friday over the 1981 fatal shooting of his wife in Los Angeles.

Miura, 60, told the court the murder "took place several decades ago, and it is unlikely that I will destroy evidence or run away."

The focus now is when Miura will be transferred to California as sought by the Los Angeles Police Department.

In Tokyo, Chief Cabinet Secretary Nobutaka Machimura said Japan will consider cooperating with the investigation into the case by U.S. authorities but noted it has not yet received such a request.

"We will think about it once we receive a request," Machimura said at a news conference. "We will deal with it based on domestic laws and Japan-U.S. treaties. Just because a not-guilty verdict was handed down in Japan does not mean we cannot cooperate with (U.S.) investigations."

Japan's Consular Office in Saipan has been in contact with the Foreign Ministry in Tokyo on how to deal with the case, officials said.

Consul in Saipan Kenji Yazawa said Sunday that Miura was unhappy that he had been arrested despite being acquitted by the Supreme Court in Japan in 2003 of the death of his wife, Kazumi, 28. She was shot in the head on a street in L.A. and flown back to Japan in a coma, dying months later in 1982. Miura sustained a slight gunshot wound to the leg.

Miura has been in frequent phone contact with his lawyers in Japan to discuss further responses.

In Tokyo, Miura's lawyers urged the government not to cooperate with the U.S. investigators given that Miura was acquitted of the murder charge.

Miura was taken into custody Friday at Saipan airport when he showed his passport at immigration prior to returning home from a brief vacation.

Sources said Monday that Miura's arrest was based on a warrant issued May 5, 1988, that lists allegations that he plotted together with others to kill his wife for insurance money and eventually had her shot in 1981.

Miura discussed with a former actress about how to kill his wife and got her to assault the victim in a Los Angeles hotel room, according to the warrant. It also says he traveled with his wife to Los Angeles and got an unidentified person to shoot her in November 1981 to gain an insurance payout.

As Miura's accomplice, the warrant cites the former actress, who was convicted of the assault by a court in Japan, and other unidentified people without specifying new accomplices or fresh evidence.

Miura, who also stood trial in Japan, was found guilty of attempted murder of his wife and spent time in prison but was acquitted of her murder.

Speaking to reporters in Tokyo, Miura's lawyers argued that the 2003 Supreme Court acquittal should stand for their client and said it would be an "injustice" if the U.S. authorities should indict him on a charge for which he has been cleared.

"Although it is legally possible, it is very rare that a man acquitted by a top court in one country is charged for the same crime in another state," lawyer Junichiro Hironaka said. "That is because prohibition of double jeopardy is a common rule for any state which values human rights."

Hironaka said the lawyers received six phone calls from Miura since he was taken into custody in Saipan. Miura "has claimed over the phone that the case is already closed, and that the arrest is unfair," he said.

Hironaka said he would provide legal assistance to help Miura return to Japan. He said he believes an indictment is unlikely because reports that the Los Angeles police obtained new evidence in the case are highly dubious.

"I doubt that there is any new evidence. If there is, it will likely be some firsthand testimony — but I am not aware of such information," Hironaka said.

Another lawyer, Yoichi Kitamura, also present at the news conference, suggested it would not be easy for the U.S. authorities to find Miura guilty of the murder.

"I doubt that they will even be able to indict him for murder," Kimura said.

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The Japan Times

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