Japan Innocence and Death Penalty Information Center.


List of six cases in which death was demanded and a verdict of not-guilty was handed down. The Nabari Case, reversed on appeal, is a real tragedy. Despite the death of the defendant, appeals are still being filed.


Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Nabari


名張

61/03/28

Mie

Nabari City

Arrested  61/04/02

Masaru Okunishi 

aged 35 at time of crime

Murder x 5

~~~~~


Yes


Summary


 Five women died at a town meeting afterdrinking wine laced with poison. The investigation focussed on those in possession of the wine that day, was narrowed to three people. The key suspect became thirty five year old Masaru Okunishi. Of the five women who perished, one was his wife and another was a lover. A great tragedy of Japanese justice, Okunishi was found not guilty in his first trial, guilty in the second.




Court Chronology


District Court  1964/12/23 Not Guilty



High Court  69/09/10 Death  Nagoya High Court



Supreme Court  1972/06/15    Confirmed



Later Actions


73/04/15 First Request for retrial is filed.

2002  7th request for retrial is filed.

2005/04/05 Request for retrial is granted. Prosecution files objection.

2006/12/26 Prosecution’s objection is granted, retrial is revoked.



Defendant Currently Housed at




Currently on death row in the Nagoya Detention Center.



Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Saga Triple Female Murder Case

佐賀県の3女性殺害事件

Saga 

1987~89

Matsue Teruhiko

b. 1963


Murder x 3

~~~~

Yes



Summary


In 1989, police discovered the bodies of three women, ages 37~50, who were murdered between 1987~89. Matsue, already in prison for a narcotics charge, was subjected to prolonged interrogation and signed a confession. He was not arrested until 2002, six hours before the statute of limitations expired. 



Court Chronology


District Court  2005 May 10  Not Guilty


NOTE: Second case in Japanese history when a defendant was declared innocent when the death penalty was demanded. Cf: Nabari Case.



High Court  2006 June 6: Appeals case begun.



Supreme Court Confirmed



Later Actions









Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?




Takaoka Yakuza Chief & Wife Shooting Case

高岡組長夫婦

射殺事件




Kurihara  (Kumio?)

栗原組夫


Murder of a mobster chief and his wife.


Summary


Codefendants with Ikushima Kenji (death penalty confirmed) and Ito Atsushi (died in prison 2009/05/02). Ikushima claimed that Kurihara has full responsibility.




Court Chronology


District Court  2006 November 21   Not Guilty


High Court 2008 April 17 Not Guilty


Prosecution abandons appeal.

Later Actions








Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Nakamura Kuniharu

Hiroshima

2001/01/17


Nakamura Kuniharu



Murder of mother and two daughters/Arson


Summary


Nakamura, 39, a former company employee, was indicted on charges of strangling his mother, Sayoko, 53, at her home in the city's Nishi Ward around 3 a.m. on Jan. 17, 2001. He was also charged with setting fire to the house, killing his two daughters, Ayaka, 8, and Arisu, 6. Insurance payout for the the decedents was $670,000 (73 million yen). The prosecution demanded death.



Court Chronology


District Court    2007/11  Not Guilty



High Court         2009/12/15 Not Guilty



Supreme Court



Later Actions








Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Mito Filicide Case

Tsuchiura Family Murder Case

Ibaraki

November 2004



Iijima Masaru

飯嶋勝

33 years at time of crime


Murder of father (57) mother (54) and sister (31).


Summary


Prosecution demanded death.



Court Chronology


District Court  2008/06/ 27  Not Guilty by reason of insanity



High Court 2009/09/17  Overturned. Defendant found mentally impaired (not insane) and sentenced to life imprisonment.



Supreme Court  Confirmed



Later Actions









Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?




Kagoshima Elderly Couple

 Double Murder

Kagoshima

June 2009


鹿児島夫婦害事件



Shirahama Masahiro

aged 70


Murder of an elderly couple  (husband 91/ wife 87)


Summary


Shirahama was charged with robbery and murder. The case was based on weak circumstantial evidence, and in the view of many--planted evidence. The defendant claims to have never visited the home. This was the first decision of not guilty in a capital case under the mixed jury system.


Court Chronology


District Court  2010 December 10   Not Guilty



High Court 



Supreme Court 



Later Actions