The Japanese man convicted of stabbing an English biologist at a conference in Santa Fe a year and a half ago must stay in prison until early 2011, says a Santa Fe judge.
State District Judge Michael Vigil on Friday turned down a request to reduce Kazuki Hirano's sentence after his lawyer said she had not been able to arrange a supervised probation for him in his native Japan.
Hirano, 34, stabbed Rupert Sheldrake on April 2, 2008, as he finished speaking about "thought transference" at the 10th International Conference on Science and Consciousness at La Fonda.
Hirano, who said he believed Sheldrake was controlling his mind through remote mental telepathy, was found "guilty but mentally ill" of aggravated battery with a deadly weapon at a trial last November and sentenced to three years in prison.
On Friday, public defender Sydney West urged Vigil to cut Hirano's sentence. Although she had been unable to arrange for a secure treatment for Hirano in Japan, she said, he has improved and he and his mother in Yokohama are willing to continue treatment, including medication, in Japan.
West also said Hirano might have received the maximum benefit from the available treatment at the state prison mental ward in Los Lunas. She said the prison psychiatrist had become her "enemy" by refusing to testify in court about the case.
Hirano also spoke briefly, saying he is sorry for his actions and realizes he must take medication to control his thoughts, but believes he would do better in Japan where he understands the language and the culture.
Sheldrake, speaking by telephone from his home in London, objected to an early release. "He may again suffer from the voices and may again try to solve his problem by an attack on me or someone else," he said. "As things stand, staying in jail in New Mexico is the only way."
Assistant District Attorney Matt Cantou Clarke agreed with Sheldrake. So did Vigil, who rejected the defense motion to modify Hirano's sentence. Vigil said if Hirano gets the full 15 percent for good time off his sentence, he would be eligible for release on Jan. 4, 2011.
But Vigil said he was concerned that the state Department of Corrections had refused to cooperate and that Hirano's caseworker had indicated he might have to remain in jail for up to two more years because there was no provision for supervised parole in Japan. The judge suggested West consider filing a writ of habeas corpus to challenge Hirano's incarceration because he is not getting the same treatment as a U.S. citizen would.
Contact Tom Sharpe at 986-3080 or tsharpe@sfnewmexican.com.
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