Innocence Overturned:

Egregious Cases of Double Jeopardy

逆転有罪 (Gyakuten Yūzai)

in Japan


This list is published by the 

Japan Innocence and Death Penalty Information Center

www.jiadep.org


Note: Leafletting cases are listed separately below.




Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges



Hirosaki University

1949/08/26

Aomori

Nasu (Takashi?)

Murder


Summary


The defendant was charged with murdering the wife of a university professor.




Court Chronology


District Court        1951/01/12 Not Guilty


High Court            1952/05/31 Guilty 15 years.


Supreme Court     1953/02/19 Appeal is rejected


~~~~~~~~~~~~~~


1963 Paroled


1971 Real culprit comes forward.


1974 Sendai High Court refuses retrial.


1976 Separate high court bench opens retrial


1977/02/15  Not Guilty Sendai High Court



Later Actions


1963   Defendant is paroled. 

1971   Real criminal comes forward. Retrial is requested 

1974   Sendai High Court refuses retrial. 

1976/07/13    Same court agrees to retrial. 

1977/02/15    Not guilty

~~~~~~~~~~~~~


1981/04 (Aomori D.C).       Plaintiff recieves redress-wins partial victory.


1986/11 (Sendai H. C.)       Redress award is overturned. 


1990/07  (Supreme Court) Appeal rejected. Redress denied.






Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Yakai

八海

1951/1/24


4 people

Murder, Robbery



Summary



Court Chronology


District Court    1952/06/02  One defendant sentenced to death, three to life imprisonment.



High Court         1953/9/18  Defendant's appeal is rejected



Supreme Court   1957/10/5 Overturns the decisions and orders retrial in high court.  



Later Actions



1959  High Court: Not Guilty


1962  Supreme Court: Not Guilty decision is overturned. Remanded to the High Court


1965  High Court: Guilty


1968  Supreme Court Not Guilty



Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Sunagawa

1957 Sep

7 defendants

Trespassing


Summary


1955: Riots occur to prevent the enlargement of a US base. Nearly 1000 people are injured, 23 are arrested, 7 are prosecuted. In 1959, Tokyo District Court Judge Dahte rules the bases violate the constitution. After direct appeal to the Supreme Court,  the US ambassador secretly negotiatied with various ministries and the Supreme Court. The decision was overturned and the defendant’s were found guilty. 



Court Chronology


District Court   1959/March   Not guilty


Supreme Court  1959/December. The decision is overturned and remanded.


Later Actions

1960 Jan: US-Japan Security treaty is signed.


1960 Jun  US-Japan Security treaty is ratified by the Diet.


1961 March Defendants are found guilty and fined 2000 yen.


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

Okunishi Masaru  

aged 35 at the time.

~~~~~~~~~~~~

Died in prison: October 4, 2015  Aged 89

Murder x 5

~~~~~


Yes


Summary


 Five women died at a town meeting after drinking wine laced with poison. The investigation focussed on those in possession of the wine that day, and 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, and guilty in the second. He passed away on death row in 2015.


This case is one of 12 endorsed by the Japan Federation 

of Bar Associations as a proven miscarriage of justice.

 ( See the list )


Court Chronology


District Court  (Tsu)   1964/12/23  Not Guilty 


High Court  (Nagoya) 1969/09/10   Death 


Supreme Court         1972/06/15    Confirmed


Later Actions


Retrial Appeals

1973~2002 6 appeals for retrial filed. All are rejected.

7th Appeal for Retrial:

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 repealed.

2010/04/05 Supreme Court overturns repeal and grants a retrial.

2012/05/25 Nagoya High Court denies retrial.


2015/10/04 Okunishi passes away in prison.


10th Appeal for Retrial:

2017/12/08  Nagoya High Court denies 10th petition for retrial. 

2017/12/11  Special Protest filed over retrial denial.


Current Status: Protest is being adjudicated in the Nagoya High Court



Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Nishiyama Takichi

Tokyo

1972

Nishiyama Takichi

Exposing government documents in violation of the  National Public Services Law.


Summary


Arrested and charged together with a female Foreign Ministry secretary for exposing classified internal documents about the negotiation process behind Okinawa's reversion from U.S. occupation. Both were accused of violating the National Public Services Law. According to the reports, Japan shouldered $4 million in costs for the reversion under the secret agreement, which has been consistently denied by high ranking Japanese government officials.


Court Chronology


District Court  Not Guilty



High Court       Guilty



Supreme Court  1978 Guiity Confirmed



Later Actions



2005: Files suit seeking 33 million yen in compensation after the US government released documents proving his claim. More 



Case Name

Location

Date of Crime

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Kabutoyama

甲山

Hyogo

1974


Etsuko Yamada (F 24)

Kiyoshi Araki (M  )

Yuko Tada (F)


Yamada: Murder

Araki: Perjury

Tada: Perjury

~~~

Yamada-yes, after 13 days of interrogation.



Summary


Two children, a boy and girl, both aged twelve, went missing from the Kabutoyama Institute, a school for retarded children and young adults. The bodies were retrieved from a septic tank. Etsuko Yamada, a nurse, was arrested, but not charged with murder. She then sued the police and was vengefully rearrested. This marathon case took 25 years.



Court Chronology


District Court  1985/10/17   Not Guilty  ( Kobe DC)


High Court  1990/03/23  Decision is overturned. Remanded to District Court.


Supreme Court  1992/04/07  Defense's appeal against the remand is refused.



Later Actions

1998/03/24  Kobe District Court Not Guilty


1999/09/29  Osaka High Court  Not Guilty


Prosecution's appeal is rejected. Innocence is confirmed.





Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Tomiyama

富山

1974/10/03

1975

Tomiyama Yasunobu


Murder


Summary


A death occurred in a fight among leftist political groups (chukaku-ha vs kakumaru-ha). At trial, five eyewitnesses testified. The district court found the testimony faulty and unreliable.



Court Chronology


District Court     1981/03/05    Not guilty


High Court          1985/06/26    Guilty  10 years.

  

Supreme Court    1987/11/10    Sentence is confirmed.



Later Actions


94/06/20 Request for retrial is filed.


95/12/19 Released from prison






Case Name

Location

Date of Crime

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Osaka Child Kidnapping and Murder Case.


大阪の児童誘拐殺人 

(勉ちゃん誘拐殺人)

Osaka


1982/03/19



Nozaki Noboru

野崎登

b. 1922

Kidnapping and Murder

~~~~

Yes.


Summary


17 days after being reported as missing, a seven year old child's naked and stabbed corpse was discovered. The district court found the evidence to be circumstantial and the confession to be inaccurate. The high court reversed and the defendant was sentenced to life imprisonment.



Court Chronology


District Court   1988/04/26  Not Guilty



High Court      1991/09/26   Life Imprisonment




Supreme Court   Unknown



Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges



Geihinkan/Yokota  Saiban

迎賓館・横田裁判 

aka: 迎賓館ロケット弾事件

(aka: Bakutori 4 爆取人)

86/04/15

86/05/04

Tokyo

Taketoshi Suga 

Hirofumi Sogame

Hiroshi Itagaki*

~~~~~~~

Fukushima Masao

(arrested in 1993)

Manufacture and firing of explosives


Summary


The three were arrested for manufacturing and launching mortar rounds at Yokota Air Base and the Tokyo State Guest House during a meeting of leaders of developed nations. Though a finding of guilty would result in a sentence of 8 years, the three were incarcerated from Nov 1987 until being freed on  bail in December 2002, in excess of 15 years.


Court Chronology


District Court   2004/03/26 Tokyo  Not Guilty. Prosecution appeals.  


High Court       2006/01/16 Trial opens and closes the same day. 

                        2006/05/19 Judge criticizes lower court decision, and remands the case.       

                        Special objection is lodged with the Supreme Court. 


Supreme Court  2007/10/18 SC upholds HC decision.   


~~~~~~~~~~~~~~~

Remand Case


District Court  2010/06/02 Guilty 


Sentences:

Suga = 10 years.  

Sogame, Itagaki = 8 years.   

Fukushima sentenced to 12 years (in separate trial.)


High Court 2013/06/27  Appeal is rejected.


Supreme Court  2016/03/14 SC upholds DC decision.  


 

Currently:


All are currently imprisoned in separate facilities.



Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges



Fukui Female Middle School Killing

福井女子中学生殺人事件

Fukui

1986/03/19

1987/03/29 (One year later)

 Maekawa Shoji

Murder

(+other charges)


Summary


On March 19, 1986, a female middle school student was brutally stabbed and strangled in the kitchen of her home after a graduation ceremony. One year later, police arrested Shoji Maekawa on drug charges and later charged him with the murder. As there was only circumstantial evidence,-mostly testimony of a yakuza in detention, Maekawa was declared innocent. The prosecution appealed and he was sentenced to 7 years. In 2011, the Nagoya High Court granted a retrial, a very rare occurance. The prosecution again appealed and some 15 months later, a separate branch of the Nagoya High Court revoked the retrial. A further appeal has been lodged with the Supreme Court.



This case is one of 12 endorsed by the Japan Federation 

of Bar Associations as a proven miscarriage of justice.

 ( See the list )



Court Chronology


District Court    90/09/26  Not Guilty.  


High Court        95/02/09   Not Guilty decision is overturned. Sentenced to 7 years.   


Supreme Court   97/11/12  Appeal Rejected. Sentence Confirmed



Later Actions


2003/03/05  Maekawa finishes sentence and is released.


First Appeal for Retrial:

High Court: 2011/11/30 Retrial Granted. (Nagoya High Court)


High Court  2013/03/06 Retrial Revoked (Nagoya High Court)


Supreme Court  2013/03/11 Special Objection filed.  


Supreme Court  2014/12/10 Special Objection is rejected.


Current Status: not being ajudicated.


Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Hoshino

1988/12/08

 Hoshino (Masami?)


obscenity

~~~~

?

Summary



Court Chronology


District Court  1990/03/27   7 months at labor


High Court        1991/03/26 Not Guilty


Supreme Court  1994/12/22  Not Guilty decision is overturned. 

                                                Case is remanded to the High Court.



Later Actions


1996/05/16  Guilty Nagoya High Court


1999/03/23   Confirmed. Supreme Court.

Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Fujisawa Arson Murder Case.

~~~~

Fujisawa city, Kanagawa pref.

~~~~~

1993/12/14

~~~~~~

2001/Feb : Note 7 years after suspected crime.

Sasaki Kei



Summary


Sasaki was the prime suspect in th arson/murder death of his girlfriend. 5 years after the incident, investigations ended. The victims family brought a civil suit against the Sasaki, which recognized him as murderer and awarded damages. The decision lead to arrest and trial.



Court Chronology


Civil Proceedings


1998/June  Investigation officially ended due to lack of evidence.

2000 July. Victims parents file civil suit against the defendant. 

2001/Feb. Victims family awarded 97,000,000 yen ($850,000)


Criminal Proceedings


District Court   2003/06/02 Not Guilty.  Prosecution demanded life imprisonment.



High Court  2004/09/07  Guilty 15 years. 



Supreme Court 2005/05/20 Confirmed.








Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges



Govinda

Tokyo

97/03/19


Govinda P. Mainali

Nepali citizen

Murder, Robbery


Summary


Nepali Govinda was arrested for the strangulation of a female executive of the Tokyo Power and Electic Company, a high profile case. Govinda admitted to having sex with the woman but denies the murder. The short span of eight months between District Court and High Court decisions was unduly abnormal for a Japanese court.



Court Chronology


District Court      00/04/14   Not Guilty


Special Order       00/06/27  Supreme Court rules that Govinda should remain incarcerated as he might flee.


High Court           00/12/22   Guilty: Life Imprisonment


Supreme Court    03/10/20   Sentence  is confirmed.

                            


Later Actions


2005/03/24 files for retrial in the Tokyo HC


2011 September- an insider reveals that hidden DNA evidence exists.


2012 


June 7:   Retrial is granted. Govinda is paroled.


June 15:  Govinda is deported.


Oct 29:    Prosecution requests decision of not guilty.


Nov 7:     Decision: Not guilty.




2013  Awarded ¥68 million $600,000) for 15 years wrongful imprisonment =12,500 yen for each day. 





Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges



Attorney Yasuda

Tokyo





Yasuda Yoshihiro

b. 1947


Obstructing the return of financial assets to the government

Summary

Yasuda, an outspoken human rights attorney and  anti-death penalty advocate, was leading the legal team defending the Aum Shinrikyo religous cult. . He was arrested for obstructing the transfer of funds from a failed real estate company to the state. His incarceration for 300 days has been severely criticized as political vindictiveness.


Court Chronology


District Court      2003/12/25  Not Guilty


High Court          2008/04/23  Guilty Fined 500,000 yen ($5000) 


Supreme Court    2011/12/6    Guilty  High Court Decision is confirmed.




Case Name

Location

Date of Crime

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Tokunaga

2000/June

Tokunaga Robert

Brazilian National

Excessive injury resulting in death

Summary


Brazilian Roberto Tokunaga was tried for causing excessive injury resulting in death to his 3 year old daughter. The prosecution appealed and Tokunaga was reincarcerated on 01/10/17 at the start of his second trial. (Reincareration is mostly applied to foreigners)



Court Chronology


District Court      2001/05/24   Not Guilty   (Nagano District Court)


High Court          2002/07/08    Guilty       (Tokyo High Court)


Supreme Court    2002/11/25   Confirmed

Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Tanabe 

AKA: Toyokawa Case

AKA: Mito Child Drowning Case

2002/07/28

2003/04/15


Tanabe Masaki

aka (Kawase Masaki).

b. 1972

Currently incarcerated in the Oita prison.

Kidnapping and Murder of a 22 month old boy

~~~~

Yes


Summary


Prosecutors allege that Tanabe became angered by a boy's crying while trying to sleep in his minivan in Toyokawa city, Aichi prefecture. He then reacted violently, and abducted, transported, and hurled the boy into the sea from a pier in Mito city. In the absence of any material evidence, the district court found the confession unreliable and declared Tanabe not guilty. The high court overturned and issued a sentence of 17 years.


This case is one of 12 endorsed by the Japan Federation 

of Bar Associations as a proven miscarriage of justice.

 ( See the list )



Court Chronology


2006/01/25  Not Guilty.   Nagoya District Court    


2007/07/06  Verdict is overturned. Sentence 17 years.  Nagoya High Court         


2008/09/30  Confirmed  Supreme Court      



Later Actions


First Appeal for Retrial:

2016/07/05   Retrial filed. Nagoya High Court


2019/01/25   Retrial is rejected. Nagoya High Court (Criminal Division #1)


2019/01/28   Objection filed. Nagoya High Court (Criminal Division #2)


Currently under review by the Nagoya High Court (Criminal Division #2).


~~~~~


2022/Aug/20  Tanabe is released from prison after serving out term.





Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Chilean National

2001 August

Nagano

A. M.


Name removed by 

defendant's request.


Theft

~~~~


Summary


Chilean A. M.  was accused of abetting and participating in the theft of a necklace and then a car. The court found that no necklace was stolen, and that the defendant was not complicit in stealing an automobile. The prosecution appealed and A.M. was later found guilty.



Court Chronology


District Court         2003/05/29      Not Guilty. Suwa Summary Court


High Court           2004/08/17     Guilty:  Two Years of Labor


Supreme Court      2004/12/14      Guilty Confirmed.


Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Kobe Pawnshop Murder/Robbery Case

神戸質店主殺害事件

Hyogo


2005/10/08


2007/09/06  Note: 22 months later.

Ogata Hidehiko

緒方秀彦


Murder and Robbery of a Pawnshop 

Owner

~~~

Yes


Summary


The defendant had visited the pawnshop to install a security camera. Tobacco containing his DNA was found at the scene as well as foot prints. The district court found the evidence flimsy and declared the defendant not guilty.



Court Chronology


District Court     2008/07/01     Not Guilty

 

High Court         2009/09/24    Guilty  Life Imprisonment


Supreme Court  2011/12/12    Confirmed



Later Actions


Ogata is currently housed at the Okayama prison. He has a support association that publishes a regular newsletter.



Case Name

Location

Date of Crime

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Hyogo Self-defense Case

~~~~~

Amagasaki, Hyogo


2005/07/_ _

2 men aged 18 and 17 at the time of the crime.

Battery resulting in death.


Summary


Note Information Needed


The defendant, along with another two others aged 20 and 19, were charged with the beating death of a  37 year old truck driver in Amagasaki, Hyogo Prefecture, in July 2005. 



Court Chronology


District Court  Not Guilty



High Court  2007/12/20 Earlier verdict is scrapped, remanded to district court for a retrial. 



Supreme Court



Later Actions



Case Name

Location

Date of Crime

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Hirui Case

November 2008




Hirui Naotake


Possesion of stimulant drugs


Summary


Note Information Needed


The defendant was originally declared not guilty for a procedural reason-not being able to appoint a defense attorney. The high court reversed.



Court Chronology


Tokyo District Court  Not Guilty



Tokyo High Court  2010/06/07  Earlier verdict is scrapped, sentence of two years and ten months is instituted.



Supreme Court



Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Miura Case

Los Angeles, CA (USA)

1981

1985


Miura Kazuyoshi

三浦和義

b. 1947

Murder (of wife)


Summary


1981 August 31 Miura's wife Kazumi is assaulted in an  L.A.  hotel.


1981 November 18, Miura is shot in leg, Kazumi is shot in the head. She loses consciousness and dies in a Japanese hospital on Nov. 30, 1982-about one year later.


1985 Miura arrested for assault (in Japan). Note: Japanese citizens can be tried for crimes committed overseas.


See The Miura Case and Double Jeopardy: A Double Standard?


Court Chronology


District Court:   


1985  Guilty of Assault- 6 years.


1988  Oct 20.  Rearrested and charged with murder.


1994  Guilty.  Sentenced to life imprisonment.



High Court


1998  Not guilty



Supreme Court


2003/March/5   Not Guilty of Murder (Confirmed)



Later Actions


2008 February 22.    Rearrested in Saipan


2008 October 10.     Found dead in his cell in Los Angeles.




Case Name
Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Chilean National

2001 August

Tokyo

Nagano


A. M.


(Name removed by 

defendant's request.)


Theft

~~~~

Summary


Chilean A. M.  was accused of abetting and participating in the theft of a necklace and then a car. The court found that no necklace was stolen, and that the defendant was not complicit in stealing an automobile. The prosecution appealed and A.M. was later found guilty.



Court Chronology


District Court         2003/05/29      Not Guilty.  (Suwa Summary Court)


High Court           2004/08/17    Guilty:  Two Years of Labor


Supreme Court      2004/12/14      Guilty Confirmed.


Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Oike Double Jeopardy


Osaka

2007/5/5



Oike Osamu

尾池治

Arson, Murder x 3


Summary


In the first trial, the judge found the DVD confession to be unreliable, and the existance of other suspects to be  quite high. On appeal, this judgement was overturned.



Court Chronology


District Court   2010/Feb/16      Not Guilty



High Court     2011/Feb/23     Guilty  17 Years



Supreme Court



Later Actions







Case Name

Location

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Haga Case




Haga Kenji

b. 1961


Watanabe Jiro

b. 1955


Fraud/Blackmail

~~~~

No


Summary




Court Chronology


District Court Osaka     2008/11/28 Not Guilty 



High Court   Osaka       2011/Jun/17  Haga: Guilty 6 Years.

                                                            

                                                            Watanabe    2 Years



Supreme Court



Later Actions



Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Anzai

Chiba

2009/Nov


安西喜久夫

Anzai Kikuo

b. 1951

Smuggling of Stimulants (from Malaysia)


Summary


Prosecutors demanded 12 Years imprisonment and a 6 million yen ($75,000) fine from a company president in possession of a metal box containing drugs which was to be given to a third party as a souvenir.



NOTE: This was the first verdict of not guilty under the new mixed jury system instituted in 2009. The high court reversed the decision, and the Supreme Court overruled and declared the defendant not guilty.



Court Chronology


District Court  2010/June/23  Not Guilty



High Court       2011/Mar/30   Guilty 



Supreme Court 2012        Not Guilty




Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Yakuza 

Chief 

Case

~~~~~~~~~

Nagoya




百瀬雅樹

Momose Masaki


Possession of an illegal handgun


Summary


Defendant claimed that another gang member brought a handgun and bullets into the home of his ex-wife. The district court agreed and the high court reversed, claiming that the gang member was a subordinate of the defendant.



Court Chronology

 

District Court (Nagoya) 2018/03 14  Not Guilty - Mixed Jury Verdict



High Court  (Nagoya) 2018/09/05  Guilty Sentenced to 5.5 years.

                                                        (Prosecution asked for 8 years)



Supreme Court Not decided.




Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Tsuchiura Multiple Murder Case


Ibaraki


2004/11/24

2004/11/25

Ijima Masaru

飯嶋勝

b. 1985

Murder x 3.

~~~~

Yes


Summary


Charged with the murder of his parents and an older sister, the district court found that defendant suffered from schizophrenia. He was declared not guilty by reason of diminished responsibility 心神耗弱. The high court reversed and sentenced him to life imprisonment. Confirmed by the Supreme Court


Court Chronology


District Court (Mito) 2008/06/27 /March Not Guilty  Prosecution demanded death.



High Court   (Tokyo)  2009/09/16  Guilty Sentenced to life imprisonment



Supreme Court  2012/02/06  Confirmed.



Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Yonago Love Hotel Robbery Murder Case.

米子のホテル支配人

強殺事件

Yonago City, Tottori

2009/09/29

2013




Ishida Yoshimi

石田美実

b. 1957

age 52 at time of crime

Murder and Robbery.



Summary


 Ishida was accused of robbing and murdering the director of the hotel where she was employed. The operator of a love hotel was attacked, and robbed of 430,000 yen. He never recovered consciousness and died six years later. The defendant, Ishida, was found in possession of 230 x 1000 yen ($10) notes.



Court Chronology


District Court      2016/07/01 Guilty-sentenced to 18 years


High Court          2017/03/27  Not guilty. 


Supreme Court    2018/07/13  Overturns high court finding of not guilty, remands the case for  further trial.






Case Name
Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Mexican Drug Smuggling Case

Tokyo

2010/Sep


8th Verdict of "not guilty" under the 2009 mixed jury system.


2nd mixed jury case of "not guilty" to be overturned. 


M. Luis Garcia

aged 34

Importing stimulants and participation in an international drug cartel.


Summary



The accused was charged with accepting a package containing six kilograms of stimulants and participating in an international cartel. Prosecutors demanded 15 years and a fine of 8 million yen. 


Court Chronology


District Court  2010/07/01 Not Guilty   8th Verdict of "not guilty" under the mixed jury system.



High Court     2011/12/08    Guilty  Sentenced to 12 years and and 6 million yen ($50,000) fine.



Supreme Court 2013/04/16  Confirmed.


Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Sekiguchi Drug Importation Case

Narita Airport, Chiba pref

Sekiguchi Sachio

Drug Importation

Summary


Sekiguchi was charged with bringing 6.2 kg of amphetamines from Canada. He was found not guilty in a mixed jury trial. The prosecution appealed and the high court sentenced him to 12 years. 



Court Chronology


District Court   2013/02/08  Not Guilty.  5th mixed jury case of not guilty


High Court  2014/03/02  Guilty 11 years and a fine of 6 million yen ($50,000) The fine is payable through work one day = 10,000 yen ($90).



Supreme Court Confirmed



The defendant is now incarcerated at Nagano Prison.

Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Shiki Mother-Child Arson Murder Case


志木母子放火殺人

Shiki city, Saitama pref

Incident:  2008/12/03


Arrest: 2013/08/29

Yamano Teruyuki

山野 輝之

b.  

Arson, Murder

Summary



The defendant was charged with arson and the murder of his wife and daughter. He was arrested nearly five years after the fire.



Court Chronology


District Court  2015/03/23  Not Guilty



High Court  2016/07/14 Not guilty decision is overturned and remanded to the district court.


Supreme Court 2017/02/08  Defendant's appeal is rejected. High court's decision is                                      affirmed. Case to be retried in district court.


RETRIAL:


District Court (Saitama) 2019/10/31 Guilty Sentenced to Life Imprisonment.




Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?

~~~~

Incarcerated?


Osaka Ibaraki Daugher Death


Osaka Ibaraki City


Incident: 2014 June

Arrest: 2014/Dec


http://www.jiadep.org/Ibaraki_Daughter.html

19 year old mother (name withheld: minor at time of crime).


(stepfather) Kishimoto Yuki 

岸本友希

Abandonment causing injury or death.

(punishment of up to 5 years)Article 219

~~~~~~~

Causing death through negligence Article 210

Summary


The mother was tried in a mixed jury trial and found innocent. The prosecution appealed, and the high court remanded the case back to the district court (the high court thought her guilty). The mother appealed to the Supreme Court, and in a very unusual decision, the Supreme Court overturned the remand and affirmed the district court decision. The mother's innocence was confirmed.


The stepfather was charged with the same crime, but during the hearings, the prosecution also added the lesser crime of causing death through negligence which is much less severe. He was found guilty of the lesser charge and sentenced to one and half years (without labor), and the sentence was suspended for three years. This sentence was confirmed.




Court Chronology


District Court:


Mother: not guilty 2015/Nov.  (mixed jury verdict).


Father: guilty      2016/01/28   Death through negligence. Note: this is a relatively minor crime punished by fine only. confirmed.


High Court:


Mother: not guilty verdict is overturned, case is remanded to DC.


Supreme Court:


Mother: HC decision is overturned, DC decision is affirmed, not guilty verdict is confirmed.


Later Actions



Case Name

Location

Date of Incident

Date of Arrest



Defendant's Name(s)

(Family /  First)

F = female


Charges

~~~~



Sekine Obsenity Case

Tokyo

2016/05/10


Sekine Susumu M.D.

関根進

aged 40 at the time.


Obscenity



Summary


Sekine is charged with licking the breast of a female patient who underwent surgery for a mammary tumor. He denied the claims and was held in detention for 105 days. The defense claims the patient suffered from "postsurgical delirium."  Noted criminal attorney Takashi Takano is defending Sekine who has received wide support from medical organizations.




Court Chronology


2019/02/20

District Court   

Not Guilty

2020/07/13

High Court  

Guilty: 2 years of labor


Supreme Court


Retrials

Case Name

Location

Date of Incident

Date of Arrest



Defendant's Name(s)

(Family /  First)

F = female


Charges

~~~~



ATM 18 Billion Yen Fraud Case

Fukuoka 

2016/05/15


Yamaguchi

山口幸志

aged 44 at the time.


Fraud/Embezzlement



Summary


Yamaguchi was charged with withdrawing 78,300.000 ($850,000) yen from 72 ATM's using 46 separate cards. This was part of a larger fraud involving the withdrawal of 18 billion yen ($170 million) by a large group in 17 prefectures. The district court found that evidence of being an accomplice was lacking. The high court claimed that he received remuneration for participation and was guilty.




Court Chronology


2019/Nov

District Court   

Not Guilty

2020/11/05

High Court  

Guilty: 10 years of labor


Supreme Court


Retrials





Leafletting Cases




Case Name

Location

Date of Crime

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Tachikawa Leaflet Case

2004


Onishi Shouhei + 2 others

Illegal Entry

Trespassing


Summary


Three activists passed out leaflets at a Self-Defense forces housing complex protesting the use of Self Defense forces in Iraq . 41 days later, they were arrested . Despite the triviality of the charge, the defendants were confined for 75 days. 



Court Chronology


District Court  2004/12/16 Not guilty


High Court      2005/12/09 Decision reversed: guilty. Defendants were fined: 100,000 yen  (x2) and    200,000 yen  (x1).


Supreme Court  2008/04/12 Guilty Conviction is Confirmed.





Later Actions



Case Name

Location

Date of Crime

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Arakawa Leaflet Case

Tokyo

2004/12/23


Arakawa Yosei

Trespassing

~~~~~~



Summary





Court Chronology


District Court 2006/11/28 Not Guilty



High Court      2007/12/11 Guilty



Supreme Court  2009  Guilty decision is confirmed.