THE HIGASHI-SUMIYOSHI CASE
Exoneree Files Civil Suits
(Dramatic Testimony listed below.)
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Keiko Aoki, exonerated after 20 years of wrongful imprisonment, brought civil suits against the Honda Motor Corporation and the Osaka Prefectural Police/National Government seeking compensation. She asserts that faulty manufacturing was the real cause of her daughter's death, and that police brutality resulted in a coerced confession.
In the suit against Honda, the courts denied her claims stating that they are outside the statute of limitations. A bizarre exercise in judicial sophistry, the suit was filed shortly after her exoneration in 2016. Filing before that date, while still under a sentence of life imprisonment, would have been impossible.
The suit against the state is still being heard in the Osaka District Court. The next court date is September 16, 2021. Below are some excerpts from the trial.
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"Exonerated Defendant Faces Down Police Tormentor in Court."
In February 2021, Keiko Aoki, in her suit against the state, realized every wrongfully convicted's long time wish--to publicly question her interrogator. The following testimony was published in the Kokka Baishō Netto Tsūshin (Network of State Redress Suits-Newsletter.) It was recorded by Aoki herself. Translated from the Japanese by Michael Fox.
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The day began with Aoki's three attorneys taking turns to question former detective Sakamoto. And in her own words "Now it was my turn."
Aoki: It has been 25 years and 4 months since we last met. Do you remember me?
Sakamoto: (crisply) Yes, I remember.
Aoki: Even now, do you still think me a criminal?
Sakamoto: Yes, I think so. (Gallery begins to boo)
Aoki: Why is that?
Sakamoto: You wrote a confession. Since you wrote it yourself, I consider it the truth.
Aoki: In the retrial, the court that found me not guilty and called the confession erroneous, didn't they?
Sakamoto: I don't know.
Aoki: Well, that's enough. Just be quiet, then. This is weird? You think me a criminal, and you don't know about verdicts? The day before I was arrested, I was called into the Higashi-Sumiyoshi police station. Then you started to interrogate me. My young son was with me, and so I called my mother and brother to come pick him up. You thought that was proof of my guilt, huh?
Sakamoto: I joined the investigation just one week before. This was the investigation department's policy.
Aoki: You think I killed my daughter because I could not permit a tangled up sexual triad!!
Sakamoto: I never said that.
Aoki: You think I would make this up? This is what you said! Didn't I keep my mouth shut?
Sakamoto: I waited until you finished writing.
Aoki: What a liar! You fed me hints and I wrote only what you said. My daughter was dead, my mental condition was distorted, I couldn't eat, and while dizzy and dazed in that closed room you did this: (Aoki slams the desk hard two times).
Sakamoto: I never slammed anything.
Aoki: Huh? Is that so? Didn't you spit into my face and flip over an ashtray? Admit it!
Sakamoto: I don't admit it.
At this point, the judge interrupts. "Ms Aoki, I understand your feeling. Later on, you will have a chance to express your opinion, please continue the questioning."
Aoki: It has been 10 years since you quit the police, and still you are protecting them. You say that I am a criminal. The police and prosecution should deeply reflect and apologize to me. And using the Higashi-Sumiyoshi case as a lesson, you should take every step to ensure that wrongful convictions never happen again. Even now, continuing to insist that I am a criminal leaves me in a state of suspicion ( in public opinion). As I take a stand in this state redress suit, can you understand my pain, my fury!?
Aoki returned to her seat and the questioning ended.
Aoki's comments: I felt very refreshed in being able to question the witness, and peel away his (detective Sakamoto's) lies. And since the judge did not give warnings about the boos from the gallery, or smacking the table, his attitude signaled that we are heading for victory.
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June 24, 2021
Time for cross-examination. Aoki takes the stand is being questioned by the attorney (prosecutor) representing the Osaka Prefectural Police. The prosecutor begins by producing Aoki's written confession.
Prosecutor: Did you write this?
Aoki: It was written by detective Sakamoto.
Prosecutor: But isn't this your writing?
At this point the judge became angry
Judge: "Previously, she explained this."
Then the prosecution raised the issue of my reluctance to view the pictures of my deceased daughter during the interrogation. The question came out of the blue.
Prosecutor: "You looked at the funeral pictures didn't you?"
I couldn't believe it. Then the gallery started booing. The judge raised his eyebrows in scorn, and the attorney returned to his seat. The defense had asked
for one hour of questioning but quickly abandoned the plan. It was a victory for us.
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