Kidnapper Mom Still on GPS Monitoring—For Now

A woman who kidnapped her daughter and fled to Japan four years ago is trying to get permission from the court to remove the GPS tracking device she has been forced to wear since her return with the girl.

Emiko Inoue, ex-wife of Fox Point resident Moises Garcia, illegally took her daughter to Japan in 2008, and when she returned to Hawaii last year, was arrested for kidnapping and brought to Wisconsin to face charges. She remained in prison until her daughter, Karina, was returned to the United States in December.

Since her release from prison, Inoue has been forced to wear a GPS bracelet which allows the court to monitor her location at all times. She requested in February to have the device removed, and appeared in court Friday for a review hearing before a judge. The judge held off on making a decision, rescheduling the case for September.

Garcia said the GPS monitoring device has offered some solace because Inoue is trackable. He waited in the courtroom friday, fumbling with his fingers in frustration as attorneys talked privately with Judge Mel Flanagan. 

Ultimately, there were no on-record statements or testimony made Friday and another review hearing was scheduled for Sept. 25. 

"She is being given the benefit of the doubt at this point because if she doesn't comply, then we'll go to sentencing and she'll probably go back to Japan and doesn't maintain a relationship with her child," District Attorney Matt Torbenson said. "And, despite her lack of compliance up till now, I still think it's in the best interest of this child to have two involved parents. But, if she continues down this path, she's only going to be given so much rope," Torbenson said. 

Since the return of her daughter, Inoue is required to do two things: sign a document that says that she will not attempt to obtain a visa, passport or any other travel documents; and provide a legitimate, certified copy of the document proving that she has withdrawn her custody appeal in the Japanese Supreme Court. She filed papers in July from the Osaka High Court in Japan saying that she had withdrawn her appeal, however, those documents were not certified and the court requested official copies. 

"She's provided us a document that the appeal's been withdrawn, but there's no stamp on it, no certification, nothing that shows us that this is a real and true document from the Japanese courts and that there's nothing left. So, we set a new date to continue to work to accomplish those things," Torbenson said. 

"If she doesn't comply with the agreement, then we go to sentencing and she faces up to 12 1/2 years in prison."

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In 2008, Garcia told his wife he would be filing for divorce and came to pick up his daughter, Karina, the next day for a scheduled playdate. But when he arrived at their Fox Point home, he found clothes strewn everywhere, the safe wide open, and $3,000 in cash and Inoue's visa missing. She had fled to Japan, her native country, with Karina — and it would be four years before Karina would celebrate another birthday in America. 

In December, many called it a "Christmas Miracle" when she returned home. 

Karina will celebrate her 10th birthday on Monday. Garica said she wants a bike, but that just isn't a wish he can deliver. 

"I can't, it's dangerous," he said. And with the adjournment until September, Garcia waits to find out if Inoue will get the GPS bracelet removed, however, he doesn't understand why she's being given more time. 

"Since this order was issued in February, she's had six months to prepare," Garcia said. "She very well may have a passport already. Without the GPS, she's free to (visit) Fox Point."

Garcia said he has no idea how he will keep Karina safe from another abduction if the GPS tracker is removed, however, he said he has faith in the community and their interest in keeping her safe. 

Inoue faces two felony charges, interference with custody beyond visitation and interference with child custody — other parent. If she is convicted on both counts, she faces up to 12 1/2 years in prison. 

"She had nightmares that an old lady kidnaps and takes her, grabs her," Garcia said. "She's scared that she's going to be taken again, not see her sister."

Inoue will be back in court at 1:30 p.m. Sept. 25 for another review hearing. 

Patch will follow up with a series next week taking a more in-depth look at Karina's story from her abduction to Garcia's fight to be a father, and her triumphant return home.