Author Archives: Kana Sasakura

Death by Hanging — How Executions are Carried Out in Japan

Posted on February 20, 2013 | 4 comments

Here are two articles published by the Japan Times today on death penalty in Japan.

One describes how executions are actually carried out in Japan, and the other tells a story of the mother of a man who was hanged.

Death's door: Several buttons — one of which opens the gallows' trapdoor (right), executing condemned prisoners — are seen at the Tokyo Detention House in August 2010.

Death’s door: Several buttons — one of which opens the gallows’ trapdoor (right), executing condemned prisoners — are seen at the Tokyo Detention House in August 2010. | KYODO

Sides weigh in on hangings but mute on death penaltY, Discussions under DPJ rule on executions remain secret

by Daisuke Sato and Takuro Iwahashi

Kyodo

First in a series on hangings. In the execution chamber, a red lamp near the ceiling lights up, the chief detention officer gives the signal and five guards each press a button, one of which triggers the trapdoor of the gallows.No one will ever know which button actually opened the door. Continue reading →

4 Comments

Posted in Asia, Capital punishment

Tagged Death Penalty, Japan

Murder of One Gets Death Sentence

Posted on February 19, 2013 | 1 comment

Read about the current state of capital punishment in Japan here.

A 30-year-old man from Osaka was sentenced to death last week. What was unusal about this sentence is that the defendant had no prior criminal record, and that it was a case involving the death of a single victim.

In the 1983 Nagayama decision, the Supreme Court stated that the courts must be extremely cautious to impose the death penalty. It stated that they could impose death penalty only where the below stated nine factors were considered and where the death penalty is deemed compelling.

The nine factors are: seriousness of the offence, motive, how the crime was committed; especially the manner of the murder, seriousness of the outcome of the crime; especially the number of victims, sentiments of victim’s family members, impact on society, defendant’s age, prior record/ criminal history, and degree of remorse.

When the courts take these factors into consideration, it is standard practice that they do not sentence one to the death penalty when the case involves a single victim and the defendant has no prior criminal record. Thus, the case last week came to a shock to many.

From the Japan Times:

Killer of one had no rap sheet, sentenced to hang

Kyodo, Feb. 16, 2013

OKAYAMA – In what appears to be a first in the judicial system, an Osaka man has been sentenced to hang for killing a woman even though there was only one victim and the perpetrator had no previous criminal record.

Judge Kosuke Morioka of the Okayama District Court, presiding over a panel of professional and lay judges trying Koichi Sumida, 30, said Thursday the victim was also sexually assaulted, making the case “grave.”

Sumida’s lawyer immediately appealed the sentence. Continue reading →

1 Comment

Posted in Asia, Capital punishment

Tagged capital punishment, Death Penalty, Japan

Innocence Project Northwest Fights for the Compensation Bill in Washington

Posted on February 7, 2013 | Leave a comment

From Seattle Weekly:

The Innocence Project Tries Again with Wrongly Convicted Compensation Bill

By Matt Driscoll Wed., Feb. 6 2013 at 8:00 AM

As the saying goes, if at first you don’t succeed, try, try again.

Thwarted during the last two legislative sessions in an ongoing attempt to push a bill through that provides financial compensation for the wrongly convicted, the Innocence Project – with help from its local, University of Washington-affiliated chapter and sponsor Rep. Tina Orwall (D – Des Moines) – have gotten back on the horse, championing HB 1341. If passed the legislation would require the state to dole out payments to those who were unjustly convicted of a crime they didn’t commit.

The bill is scheduled for a House Judiciary Committee hearing Thursday, with advocates planning a rally at the Capital Building in Olympia to coincide with the event. But much like was the case in 2011 and 2012, the bill’s ultimate fate is likely tied to something far more straightforward than public support and rallies – how much it will cost. Continue reading →

Train Groping and Wrongful Convictions in Japan

Posted on February 2, 2013 | Leave a comment

Since commuter trains in urban areas are unbelievably crowded in Japan, there have been problems of groping (“chikan“) on these trains, especially during the morning rush hours.

Not surprisingly, there have been many cases where people were wrongfully arrested or even convicted as the groper. Once arrested, it is extremely difficult to prove one’s innocence since there typically is no evidence other than the victim’s testimony. Read more about the problem of groping and wrongful convictions here (an article from the Japan Times Online).

Below is a recent article from the Mainichi Newspapers about a case currently being fought to win a retrial in a train groping case.

From the Mainichi Online:

Court questions man seeking retrial in train groping case

The Tokyo District Court on Jan. 31 made the rare move of summoning an elderly man for questioning during his request for a retrial in a molestation case over which he has already served prison time.

Usually retrial requests are screened on paper, and it is unusual to directly question a former defendant. Lawyers for the 70-year-old man, whose name is being withheld, said they and prosecutors are due to submit their final opinions on the case to the district court at the end of February. Continue reading →

Why Do Innocent People Confess?

Posted on January 2, 2013 | 1 comment

Why do innocent people confess to the crimes they did not commit? Here’s an article on the cause of false confessions in Japan by Mariko Oi (BBC). Watch the story online here.

Related articles about the Japanese Criminal Justice System: False Confessions as Major Cause of Wrongful Convictions in Japan, Audio and Visual Recording of Interrogations, Fukawa Case, and Compensation for the Wrongfully Convicted.

2 January 2013 Last updated at 00:29 GMT

Japan crime: Why do innocent people confess?

By Mariko Oi BBC World Service, Tokyo

Japan has a conviction rate of more than 99%. But in recent months there has been a public outcry over a number of wrongful arrests where innocent people confessed to crimes.

It started with a threat posted on the city of Yokohama’s website in late June: “I’ll attack a primary school and kill all the children before the summer.”

In the months that followed, there were a number of similar threats posted on the internet – some threatening famous people, including the Emperor’s grandchildren.

After a police investigation, four people were arrested. Two, including a 19-year-old student, confessed whilst in custody.

But on 9 October, the real perpetrator sent an email to a lawyer – Yoji Ochiai – and local media, explaining how he or she made those threats by taking control of innocent internet users’ computers with a virus.

His or her purpose, as stated in the email to Ochiai, was “to expose the police and prosecutors’ abomination”.

And in a way, it did. It raised the question – why did the innocent people confess to a crime that they didn’t commit? What kind of pressure were they put under? Continue reading →

1 Comment

Posted in Asia, False confessions, Inquisitional and adversarial systems of justice, Police conduct (good and bad), Prosecutorial conduct (good and bad), Reforming/Improving the system

Tagged Fukawa Case, Japan

Breaking News: Judge Vacates Convictions in Washington

Posted on December 15, 2012 | 1 comment

Congratulations to Robert Larson, Tyler Gassman, Paul Statler, and the Innocence Project Northwest!!

From The Spokesman Review:

Family members gasped with joy and wept Friday as a judge threw out the disputed robbery convictions of three Spokane men who have argued for years that they were framed by a snitch who was trying to spare himself and his brother from longer prison terms.

Superior Court Judge Michael Price, after reviewing new evidence in the case, offered scathing criticism of what he called the failures of the three attorneys who previously defended Paul E. Statler, Tyler W. Gassman and Robert E. Larson. Price vacated the 2009 convictions for robbery, assault and drive-by shooting that netted Statler about 42 years, Gassman 26 and Larson 20 years in prison.

“Mr. Larson, Mr. Gassman and Mr. Statler were entitled to a fair trial and effective counsel,” Price said. “One cannot go on without the other. Here the counsel failed … to discover evidence critical to rebutting the state’s case.”

Price said arguments presented by attorneys on behalf of the Innocence Project Northwest Clinic had provided new phone and work records – which had not been sought by earlier defense attorneys – that raised serious doubt whether a jury would have convicted the three men. Continue reading →

1 Comment

Posted in Uncategorized

Tagged innocence project northwest, Washington

Double Jeopardy and the Japanese Law

Posted on December 6, 2012 | 2 comments

As I posted here, Mainali Case revealed many problems of the Japanese criminal justice system. One of them is the law that permits prosecutors to appeal the acquittal verdict.

Japanese law does ban double jeopardy. Article 39 of the Constitution states: No person shall be held criminally liable for an act which was lawful at the time it was committed, or of which he had been acquitted, nor shall he be placed in double jeopardy.

However, the Supreme Court decided on September 27, 1950 that trials in district court, hight court and the Supreme Court for the same offence constitute a single jeopardy. Thus, there exists no double jeorpardy where the prosecutor appeal the acquittal at the district court. There has been many cases where this case law was challenged, but the Court has constantly upheld the decision. It was not even considered as an issue in the recent reform efforts.

Isn’t it about time we change this rule? Here is an excellent article by The Japan Times on this topic.

From The Japan Times Online :

Tuesday, Dec. 4, 2012

Double jeopardy practice scrutinized

Bids to reverse acquittals risk invalidating the lay judges’ role

By SETSUKO KAMIYA Staff writer

Two recent high-profile exonerations have reignited calls by defense lawyers to require the full disclosure of evidence, and to let verdicts handed down by lay judges stand.

The lawyers for Nepalese Govinda Prasad Mainali, who on Nov. 7 was finally exonerated in absentia of a 1997 robbery-murder, went a step further and slammed the Japanese practice of allowing prosecutors to appeal acquittals — something other countries ban as double jeopardy. Continue reading →

2 Comments

Posted in Asia, Inquisitional and adversarial systems of justice, Reforming/Improving the system

Tagged double jeopardy, Japan

Compensation for the Wrongfully Convicted

Posted on November 13, 2012 | 2 comments

Studying other legal systems enables us to look back and clearly assess what is wrong with our own system. When I first started working for the Innocence Project Northwest last year, I was shocked to learn that the State of Washington has no law that ensures compensation to the wrongfully convicted (read the details here). In fact, many of the states in the US still have no compensation law (read the details here).

What about other countries? Here is the situation in Japan.

The Constitution of Japan (which was drafted after the WWII under the US occupation) states in Article 40: ” Any person, in case he is acquitted after he has been arrested or detained, may sue the State for redress as provided by law“. It ensures one the right to sue the State to get compensation in case he was wrongfully arrested or detained. In response to this Article, the Criminal Compensation Act (1950) specifies the details of the compensation.

Article 4 of the Act provides that the amount of compensation given will be decided by the court. The court shall set the rate of compensation by considering how the person was detained, the length of detention, the person’s loss of property, physical and mental pain he/ she had to suffer, and negligence by the police and prosecutors. The minimum daily rate is 1,000 yen (12.5 USD) per day he/ she was detained, and the maximum is 12,500 yen (about 155 USD). See the table below for the amount given to exonerees in past cases.

The wrongfully arrested/ detained can also file a lawsuit against the State under the State Redress Act (Act No. 125 of 1947). However, to win the lawsuit, the plaintiff must prove that “a public officer who exercises the public authority of the State or of a
public entity has, in the course of his/her duties, unlawfully inflicted damage
on another person intentionally or negligently” (Art. 1 of the Redress Act. Emphasis added. Translation by Japanese Law Translation).

It is extremly hard to prove the intention or negligence of the public officer since the State has all the evidence about the case, and the lawsuit takes a lot of time and resources. Only about 6% of the lawsuits under the Redress Act end in favor of the plaintiff. This system needs much reform.

So how much compensation will Govinda Mainali (recent exoneree) get for his 15 years of detention? Here’s an article by Daily Yomiuri Online.

From Daily Yomiuri Online.

Excerpt: Chihiro Iwasaki and Kotaro Kodama / Yomiuri Shimbun Staff Writers

Continue reading →

2 Comments

Posted in Asia, Compensation/Exoneree compensation, Exonerations, Inquisitional and adversarial systems of justice, Reforming/Improving the system

Tagged compensation, Japan, Redress Act

Mainali Finally Declared Innocent by Tokyo High Court!

Posted on November 7, 2012 | 2 comments

Govinda Prasad Mainali, the Nepalese man convicted of killing a woman in 1997, was finally acquitted today by the Tokyo High Court. It is reported that the prosecutors will not appeal the decision. Mainali has already gone back to his home country.

Read my previous post on this case here.

From The Mainichi:

High court acquits Nepalese man of murder in retrial

A supporter for Govinda Prasad Mainali shows off a banner saying, "Acquitted in a retrial," in front of the Tokyo High Court in Chiyoda Ward on Nov. 7. (Mainichi)

The Tokyo High Court acquitted a Nepalese man, who had been released in June and returned home after serving a prison term for a murder he never committed, in a retrial on Nov. 7.

The court upheld the Tokyo District Court’s initial ruling in April 2000 that found Govinda Prasad Mainali, 46, not guilty. Continue reading →

2 Comments

Posted in Asia, Exonerations, Inquisitional and adversarial systems of justice

Tagged Govinda Mainali, Japan

Third Person’s DNA Found — Iizuka Case

Posted on November 2, 2012 | 2 comments

My previous post on Iizuka Case here. This is a case from 1992 where two girls were killed in Iizuka City, Fukuoka Prefecture. Michitoshi Kuma was convicted as the perpetrator of the murders, and he was executed in 2008. He maintained his innocence until his death.

Efforts to exonerate Kuma posthumously has been going on after his death. His widow filed a motion for a retrial to the Fukuoka District Court in 1993, and his lawyers has been trying to get new DNA testing results from the evidence in this case.

Last week, his lawyers revealed a new DNA testing result. From The Mainichi News:

Different type of DNA uncovered after execution in Iizuka case: lawyers

Tsutomu Iwata, one of defense lawyers seeking a retrial of former death row inmate Michitoshi Kuma, who was executed in 2008, uses a panel to explain the discovery of a DNA type different from Kuma's in Fukuoka on Oct. 25. (Mainichi) — Tsutomu Iwata, one of defense lawyers seeking a retrial of former death row inmate Michitoshi Kuma, who was executed in 2008, uses a panel to explain the discovery of a DNA type different from Kuma’s in Fukuoka on Oct. 25. (Mainichi) Continue reading →

2 Comments

Posted in Asia, Capital punishment, Inquisitional and adversarial systems of justice

Tagged Iizuka Case, Japan

Prosecutors Argue for Mainali’s Innocence

Posted on October 30, 2012 | 1 comment

My previous post on Govinda Mainali’s Case here. This is a 1997 case where a Nepalese man was convicted of killing a woman in Tokyo.

: Prosecutors entering Tokyo High Court for the Mainali Retrial Hearing (From Sankei Shimbun News).

The retrial was held on October 29th at the Tokyo High Court. The prosecutors argued for Mainali’s innocence, saying that Mainali was accused of a crime he did not commit. The court will hand down the ruling next week, on November 7th. The prosecution will not appeal the not-guilty ruling, and the decision will be finalized soon.

Mainali’s case will be the 8th case in Japan after WWII where the defendant was declared innocent after the retrial in a death penalty/ life imprisonment case.

Takayuki Aoki (Tokyo High Prosecutor’s Office) made a comment after the retrial. He said that the investigation and the first trial itself were not problematic. He did state that he is sorry that Mr. Mainali was wrongfully accused and detained for a long time as the perpetrator. However, there was no apology given from the prosecution at the retrial hearing. They still take the position that the their accusation was inevitable, and the circumstances have changed since the new DNA testing results became available.

Typical problems surrounding the Japanese criminal justice system were present during the course of the trial and the retrial of the Mainali case: lengthy detention during investigation, interrogations coerced by the police and prosecutors, prosecutors appealing the decision to grant retrial, and non-disclosure of exculpatory evidence by the prosecution. It is reported that the police and prosecutors will not hold a thorough investigation of what went wrong in this particular case. If we sincerely regret what happened and are determined to never let it happen again, shouldn’t we thoroughly examine the cause of wrongful conviction in each and every case?

Stories on Mainali’s retrial here and here (in English).

1 Comment

Posted in Asia, Exonerations, Inquisitional and adversarial systems of justice, Police conduct (good and bad), Prosecutorial conduct (good and bad), Reforming/Improving the system

Tagged DNA, Govinda Mainali, Japan, Retrial

Breaking News: Another Exonerating DNA Testing Result Revealed in Mainali Case

Posted on October 10, 2012 | 1 comment

From Asahi Shimbun Digital News.Mr. Govinda Prasad Mainali (middle).

Previous posts on the Mainali Case here, here and here.

This is a 1997 robbery-murder case where Govinda Prasad Mainali, a Nepali national, was convicted and sentenced to life in Tokyo, Japan. Mainali was granted a retrial in June this year. The prosecution did not appeal the decision of the Tokyo High Court which rejected the prosecution’s objection against the decision to grant a retrial. Mainali has already gone back to his home country, Nepal.

It was revealed yesterday that an additional testing by the prosecution brought another exonerating result. A third person’s DNA profile has already been found on and inside the victim’s body during previous testings (hairs left near the victim’s body and semen). This time, the same person’s DNA was found on victim’s fingernail clippings. Scrapings from victim’s right thumb fingernail and left middle fingernail were concluded to have matched that person, and scrapings from other fingernails also might have come from him. The redundant DNA results from many different items found at the crime scene suggest that the DNA came from the actual perpetrator.

It is reported that the prosecutions will argue that Mainali is innocent of the crime during the retrial. The retrial will start on October 29th.

Read the news in Japanese here.

1 Comment

Posted in Asia, Exonerations, Inquisitional and adversarial systems of justice, Prosecutorial conduct (good and bad)

Tagged fingernails, Govinda Mainali, Japan

Two Executions in Japan Today…

Posted on September 26, 2012 | 1 comment

Two executions were carried out in Japan on September 27, 2012…

These were the sixth and seventh executions this year (three were carried out in March and two in August).

My previous post on the death penalty debates and recent executions in Japan here. Are we going to continue sending people to the garrows without an open and reasonable debate?

I will post the details later.

1 Comment

Posted in Asia, Capital punishment

Tagged capital punishment, Death Penalty, Japan

Supreme Court Denies Release in Higashi-Sumiyoshi Case

Posted on September 25, 2012 | 2 comments

Previous posts on Higashi-Sumiyoshi Case here (part 1) and here (part 2).

This is an arson case where a couple (Tatsuhiro Boku and Keiko Aoki) was convicted in 1999 of setting their house on fire and killing an 11 year old girl (Aoki‘s daughter) in Higashi-Sumiyoshi Ward, Osaka Prefecture.

Boku and Aoki each filed a petition for retrial to the Osaka District Court in 2009, and were granted a retrial in March 2012. The presiding Judge stated in the decision that the petitioners’ confessions were unreliable and unreasonable from a “scientific viewpoint”, taking into consideration the result of the new experiment.

The prosecutors instantly appealed the ruling, and the retrial petition is currently being reviewed by the Osaka High Court.

Osaka District Court had also ordered Boku and Aoki’s immediate release. The prosecution also appealed this ruling. Osaka High Court agreed with the prosecution and reversed the District Court’s decision. The petitioners then filed a special appeal to the Supreme Court, but it denied the appeal on September 18th. The Supreme Court merely stated that the conditions of special appeal did not meet in the case. It did not even go into the actual facts of the case…

Even in the rare instances where a retrial is granted, the appeal process may take years. After the lengthy appeals process, the actual retrial process may take even longer…

A statement by the supporters can be found here (in Japanese).

2 Comments

Posted in Asia, False confessions, Inquisitional and adversarial systems of justice, Junk science, Prosecutorial conduct (good and bad)

Tagged Higashi-Sumiyoshi Case, Japan

Fabrication of Reports by Police Forensic Science Lab Scientist Revealed

Posted on August 16, 2012 | 2 comments

Forensic Science Lab in Wakayama.– from TBS News.

It was reported today that a scientist at Forensic Science Laboratory in Wakayama Prefectural Police Headquarters had been fabricating reports in criminal cases (Read the news in Japanese here and here). It was revealed that the scientist wrote up reports although he never tested the actual evidence, using his previous reports and copied charts from them. The Wakayama Prefectural Police had been looking into the case since July, after an accusation by fellow scientist.

The alleged scientist works in the chemical division of the lab, which handles the analysis of evidence such as drugs or vehicle paint left at the scene of a traffic accident. The police determined that there had been fabrication of reports in 8 cases between May 2010 through June 2012. These cases include cases involving death of victims and hit-and-run cases. However, the Wakayama Police Department is claiming that the impact of false evidence in actual cases was minimal.

If in fact the scientist had been fabricating evidence, he may face criminal charges. There might have been trials where the reports of the scientist’s “testing” results were introduced and admitted into as evidence. If so, it could be a reason for a retrial.

There have been several incidents of fabrication of evidence by police investigators recently. In Osaka, an officer fabricated results of alcohol testing during enforcement of drunk-driving. In Fukushima, officers lost cigarette butts left at the crime scene and logged in unrelated evidence in their place. Continue reading →

2 Comments

Posted in Asia, Forensic controls, Police conduct (good and bad), Reforming/Improving the system

Tagged Fabrication of Evidence, Forensic Science Lab, Japan, Wakayama

Two Executions in Japan……

Posted on August 3, 2012 | 1 comment

A very disappointing news from Japan…

There has still been no wide and open debate on the issue of death penalty in Japan, but executions are being carried out…

Statements from various organizations ensued. Read the statements by Japan Federation of Bar Associations, Center for Prisoner’s Rights, and Amnesty Japan (in Japanese).

Read about the death penalty issues in Japan here and here.

*************************

Here is an article on Friday’s executions by Japan Times staff writer Mizuho Aoki:

Two death-row inmates were hanged Friday, in Tokyo and Osaka, in the second round of executions this year after three men went to the gallows in March.

Friday’s hangings were the first ordered by Justice Minister Makoto Taki, who assumed the post June 4. Prisoners on death row now number 130.

Junya Hattori, 40, and Kyozo Matsumura, 31, were hanged because “there was no uncertainty surrounding their convictions,” said Taki, who supports the death sentence.

Hattori, who was hanged at the Tokyo Detention House, raped a 19-year-old university student in the city of Mishima, Shizuoka Prefecture, in his car and burned her to death in January 2002.

Matsumura was executed in the Osaka Detention House for the robbery-murders of a 57-year-old aunt in the city of Nagaokakyo, Kyoto Prefecture, and a 72-year-old uncle in Sagamihara, Kanagawa Prefecture, within eight days in January 2007.

“I signed documents authorizing the executions after carefully considering each case,” Taki told journalists Friday afternoon.

“As I said when I assumed the post, unless there is any uncertainty concerning a conviction, a justice minister should respect the trial process and the decision of the court,” he said. Continue reading →

1 Comment

Posted in Asia, Capital punishment, Inquisitional and adversarial systems of justice

Tagged capital punishment, Death Penalty, Japan

Breaking News: Mainali Case will Go to Retrial

Posted on August 2, 2012 | 1 comment

Tokyo High Prosecutor’s Office stated on August 2nd (JST) that it will not appeal the Tokyo High Court’s decision affirming the ruling to grant a retrial for Govinda Prasad Mainali. The Prosecutor’s Office commented that it could not find a compelling reason to file a Special Appeal to the Supreme Court (since the grounds for Special Appeal are limited). However, they will not change their argument that Mainali is guilty of the 1997 murder in the retrial process.

Division 4 of Tokyo High Court granted Mainali a retrial in June this year, but the Prosecutor’s Office immediately filed an objection. Objection was denied by Division 5 of High Court on July 31st. Read more in my previous post here.

Division 4 of the Tokyo High Court, which also granted a retrial for Mainali, will handle the retrial process. In all the cases where a retrial took place in the past, “not guilty” decisions followed.

Read a detailed report in English from the Daily Yomiuri Online Staff writers Katsuro Oda and Chihiro Iwasaki here.

Excerpt:

The Tokyo High Court’s rejection of objections by prosecutors regarding the granting of a retrial to a Nepalese man convicted of murder has made it nearly certain a retrial will be held and that the defendant, who was released from custody in June, will be found not guilty. Continue reading →

1 Comment

Posted in Asia, Inquisitional and adversarial systems of justice, Prosecutorial conduct (good and bad)

Tagged Govinda Mainali, Japan, Mainali Case

Breaking News: Tokyo High Court Denies Prosecution’s Objection in Mainali Case

Posted on July 31, 2012 | 2 comments

Mr. Govinda Prasad Mainali.

Division 5 of the Tokyo High Court denied the objection filed by Tokyo High Public Prosecutor’s Office in Mainali Case, a 1997 murder case, on July 31st (JST). Previous posts about the Mainali Case here, here and here.

Division 4 of the Tokyo High Court granted the petition for retrial for Govinda Mainali, as well as his release from custody last month. The Prosecutor’s Office immediately filed an objection, but the objection was denied today by Division 5 of the same court. The Prosecutor’s Office has until August 6th to file a Special Appeal to the Supreme Court. If the Prosecutor’s Office does not appeal or loses appeal at the Supreme Court, Division 4 of the Tokyo High Court will hold a retrial for Mainali. It has been reported that it is unlikely that the Prosecutor’s Office will appeal.

Mainali was convicted for a murder in 2000. In March 2005, Mainali filed for a retrial to the Tokyo High Court. Later, a new DNA testing was conducted. The new test focused on the semen found on and inside the body of the victim. Fifteen samples from the crime scene were tested, but none of the DNA type matched Mainali’s. The unknown profile from the semen did match that of the two pubic hairs found in the crime scene.

The decision which granted Mainali a retrial in June stated that it was likely that the third person whose DNA was on the victim had a sexual intercourse with the victim and later killed her. In the Objection, the prosecution stated that this new evidence only suggests that the victim had sexual intercourse with this unknown third person on the evening of the incident, but the court today denied this claim as unreasonable. The prosecutors also sought a new DNA testing of a substance on victim’s hand, but the court denied the request.

Media report about today’s decision in Japanese can be found here and here.

2 Comments

Posted in Asia, Exonerations, Inquisitional and adversarial systems of justice, Prosecutorial conduct (good and bad)

Tagged Govinda Mainali, Japan, Mainali Case

A New Trial Granted in Washington

Posted on July 27, 2012 | 2 comments

From the Spokesman-Review (July 26, 2012):

A judge today granted the request for a new trial of a man convicted four years ago of the 2007 beating death of an adult bookstore owner in Spokane following the conviction two weeks ago of another man for the same crime.

Superior Court Judge Greg Sypolt granted the request to hold a new trial for Jeramie R. Davis, 41, who was sentenced in 2008 to 40 years in prison for the first-degree murder of 74-year-old John G. “Jack” Allen, who was bludgeoned to death with a baseball bat inside his store on East Sprague Avenue.

What remains unclear is whether Sypolt will vacate Davis’ conviction, Deputy Spokane County Prosecutor Dale Nagy said.

“What we are waiting for is the order to be signed by the judge,” Nagy said. “But he did indicate that based on what he heard that Mr. Davis was going to get a new trial.”

The date of that new trial has not yet been set. Continue reading →