Category Archives: Asia

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More on Hakamada Case…

Previous posts on Hakamada case here and here.

From the Japan Times:

Prosecutors concealed evidence that could have cleared Hakamada, lawyers allege

Kyodo, Aug 6, 2014

Prosecutors have apologized for concealing critical evidence that might have cleared Iwao Hakamada, the former professional boxer who spent more than 40 years on death row before being released from prison in March, according to his lawyers.

The head of Hakamada’s legal team, Katsuhiko Nishijima, alleged at a news conference on Tuesday that prosecutors had admitted making incorrect claims, concealing the existence of photographic negatives showing bloodstained clothes said to have been worn by the culprit.

Hakamada, 78, was a live-in employee at a soybean processing company when he was arrested in August 1966 on robbery, murder and arson charges. The Shizuoka District Court sentenced him to death in 1968 for allegedly slaying an executive of the company, his wife and their two children in Shizuoka Prefecture.

Five pieces of bloodstained clothing, including a shirt, were found at the company’s plant more than a year later, and became decisive evidence at his trial. But the Shizuoka District Court decided to reopen the case, judging based on DNA tests of the bloodstains that the clothing was not Hakamada’s and had not been worn by the culprit at the time of the murder.

The photographs were reportedly taken soon after the bloodstained clothes were discovered inside one of tanks used for soybean fermentation, 14 months after the slayings.

The Shizuoka District Court’s decision suggested the evidence could have been fabricated by investigating officers, as the color of the clothes did not look like they had been soaked in miso paste for over a year.

“The negatives may be crucial in judging whether the evidence has been tainted,” one of Hakamada’s attorneys said.

According to the lawyers, as many as 111 negatives have been found and some of them have already been analyzed by the prosecution.

“The evidence was intentionally concealed and we’re not going to leave it like this,” Nishijima said, adding that the information was discovered in a statement that prosecutors issued on July 17.

The statement said police were in possession of the negatives and that prosecutors found them after the Shizuoka District Court reopened the case, which led to Hakamada’s release.

During the first meeting held between Hakamada’s lawyers, prosecutors and the court on Tuesday at the Tokyo High Court to review his conviction and sentence, the prosecution issued an apology for failing to disclose the evidence, saying they will provide further explanation in a written statement.

“We don’t know what else beside the five pieces of clothing we may find in the photographs, but we believe that some of the photographs have probably never been disclosed,” Hakamada’s attorneys said during the press conference.

The next meeting between the prosecutors, Hakamada’s lawyers and the court is scheduled for Oct. 23. His lawyers said they plan to respond to the prosecution’s statements by the end of October.

Presiding Judge Takaaki Oshima has not specified when the court will issue a final decision.

Thursday’s Quick Clicks…

  • The Exonerated (the play) in ebook format
  • From the AP:  The Texas state fire marshal has volunteered to turn over more than a decade of his office’s casework to advocates so they can examine them for wrongful convictions.  Fire Marshal Chris Connealy has been working with the Innocence Project of Texas for more than a year to review old cases.  But now he’s sent 24 cases from 2002 to 2004 to the Innocence Project so the Lubbock-based group can vet his office’s work, with a pledge to turn over all of his more recent case files. He says it’s an important step for the public “to have confidence in the criminal justice system.” Several high-profile arson cases have come under scrutiny in Texas, including that of Cameron Todd Willingham, executed for the fire deaths of his three daughters.
  • Oscar nominated director to direct The Brian Banks Story
  • Two new books about wrongful conviction by Morrison Bonpasse
  • Summary of Amanda Knox appeal
  • The latest from the Innocence Project of Singapore

First Execution This Year in Japan

The first execution in 2014 was carried out on June 26 in Japan. This was the 9th execution under the Abe administration. Many organizations, including Japan Federation of Bar Associations, EU and Amnesty International , immediately filed a statement opposing the execution.

From the Japan Times:

Man who killed three, including kids, hanged
by Tomohiro Osaki

Brushing aside renewed public concerns over capital punishment, the government executed a 68-year-old death row inmate Thursday morning for three “brutal” and “selfish” murders committed seven years ago. Two of the victims were children.

In November 2007, Masanori Kawasaki sneaked into the Kagawa Prefecture home of Keiko Miura, his 58-year-old sister-in-law, and stabbed her multiple times. He also knifed to death the victim’s two grandchildren, Akane Yamashita, 5, and Ayana, 3. Kawasaki then buried their bodies nearby.

The Supreme Court finalized his death penalty in July 2012.

Thursday’s execution comes as public concern over capital punishment flared anew in March after the release of Iwao Hakamada, the world’s longest-serving death row inmate, upon a review of the DNA evidence that found Hakamada spent nearly five decades behind bars for murders he almost certainly didn’t commit.

Japan and the United States are the only Group of Eight industrialized nations that put people to death.

At a news conference after the hanging, Justice Minister Sadakazu Tanigaki condemned Kawasaki’s deeds as “brutal” and “driven by selfish reasons,” noting the killings left kin grief-stricken to an “unimaginable degree.”

As he did following previous executions, Tanigaki defended the hanging as the outcome of “careful scrutiny.”

“We went over his case repeatedly before greenlighting his hanging,” Tanigaki said.

Of the 129 inmates now on death row, 89 are seeking retrials and 24 amnesty.

When asked to comment on the timing of the hanging, Tanigaki declined to elaborate.

“As justice minister, I consider it my highest priority to do everything in my capacity to confirm if an individual really committed the deed they are held culpable for” to avoid wrongful executions, he said.

Tanigaki added that he doesn’t think the capital punishment system needs to be reviewed at this time.

Human rights group Amnesty International was quick to express outrage, saying the hanging ignored the global community’s calls on Japan to end the “dehumanizing” practice.

Regarding the Hakamada incident, the group said the government is deeply reproachable for leaving him exposed to the terror of a looming execution for nearly five decades despite “extremely high odds of his innocence.”

“The government should take this fact seriously and do its utmost to overhaul the current criminal justice system. And as a first step for that, we believe it’s imperative capital punishment be suspended immediately,” the group said, adding that few details of the death penalty are disclosed to the public. The Japan Federation of Bar Association, too, issued a statement demanding capital punishment be halted and more information be disclosed to the public to spur a robust debate on the issue.

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Tuesday’s Quick Clicks…

Tuesday’s Quick Clicks…