Friday, February 15, 2002 The case has been in federal court in Roanoke since 1996 Judge rules mother still faces indictment U.S. District Judge James Turk denied Yoko Mizuno's request to drop the charges of kidnapping her two daughters. By JEN McCAFFERY THE ROANOKE TIMES A Japanese woman who federal authorities are seeking on charges of kidnapping her two daughters in 1995 must still face an indictment in the United States, a federal judge ruled Thursday. In the latest twist in an international case that has been in federal court in Roanoke since 1996, U.S. District Judge James Turk denied Yoko Mizuno's request to drop the criminal charge against her. "She's hiding, and you're protecting her," Turk told Roanoke attorney William Cleaveland, who is representing Mizuno. Mizuno did not appear in court. Cleaveland said after the hearing that he requested that the charge against Mizuno be dropped because she now has a job with the Japanese government and needs to be able to travel to the United States and other countries. Meanwhile, Mizuno's former husband, Wythe County businessman Walter Benda, is still hoping that his former wife will have to come back and face the federal charge. In July 1995, the family was living in Tokyo . Benda returned from his job at a Japanese trading company to find that Mizuno had left him, and had taken their two daughters, Mari, now 12, and Ema, now 10, with her. Benda, now 43, searched for his family for the next 40 months and also enlisted the aid of federal authorities in the United States. Mizuno was indicted in 1996 in connection with taking her daughters and is considered a fugitive. She cannot return to the United States without facing charges. Other countries that the United States has extradition treaties with might also take Mizuno into custody and return her to the United States to face the charge. Mizuno was indicted under a federal law that says it is illegal for one parent to deprive another parent of their rights by taking their child to another country. Mizuno faces up to three years in prison and a fine of up to $250,000 on the charge. Cleaveland also argued that the Western District of Virginia did not have jurisdiction to try the case. State courts in Virginia found that when Benda filed for visitation and custody there, that the case should be decided in Japan, Cleaveland argued. The Japanese courts have denied parental rights to Benda, finding that he was detrimental to his family, though the case can be revisited, Cleaveland said. In 1998, Benda took matters into his own hands and hired a private investigator to find the family. He found his family in Japan and tried to take his daughters back, only to let Japanese police convince him that it was better to talk the case over. He returned to the United States without his daughters three days later.