MASARU OKUNISHI: ASSOCIATED PRESS REVEALS ANOTHER JAPANESE CASE IN WHICH FLAWED FORENSICS AND FALSE CONFESSION ALLEGED; ON DEATH ROW SINCE 1972;

"THE 1961 CASE INVOLVES THE POISONING OF 17 WOMEN IN MARCH 1961 AT A LOCAL COMMUNITY MEETING IN NABARI, MIE PREFECTURE. FIVE OF THE WOMEN, INCLUDING OKUNISHI'S WIFE, DIED AND 12 FELL SICK. OKUNISHI WAS ARRESTED IN APRIL THAT YEAR. HE ALLEGEDLY CONFESSED TO INVESTIGATORS THAT HE HAD LACED THE WINE WITH AN AGRICULTURAL CHEMICAL. HOWEVER, OKUNISHI RETRACTED HIS CONFESSION SHORTLY BEFORE BEING INDICTED. IN 1964, THE TSU DISTRICT COURT ACQUITTED OKUNISHI WHO HAD PLEADED INNOCENT, CITING A LACK OF EVIDENCE. BUT THE NAGOYA HIGH COURT REVOKED THE LOWER COURT DECISION AND SENTENCED HIM TO DEATH IN 1969 -- A DECISION UPHELD BY THE SUPREME COURT IN 1972. OKUNISHI HAS SINCE APPLIED A TOTAL OF SEVEN TIMES FOR A RETRIAL. THE FIRST SIX APPLICATIONS FOR A RETRIAL WERE ALL REJECTED. "ON OKUNISHI'S SEVENTH ATTEMPT, THE NAGOYA HIGH COURT DECIDED IN APRIL 2005 TO REOPEN THE TRIAL, CITING NEW EVIDENCE THAT COULD PROVE HIS INNOCENCE. IT ALSO ISSUED AN ORDER TO SUSPEND HIS EXECUTION. BUT PROSECUTORS FILED AN OBJECTION WITH THE HIGH COURT. IN DECEMBER 2006, A SEPARATE THREE-JUDGE PANEL AT THE HIGH COURT REPEALED THE PREVIOUS DECISION. THE DEFENSE TEAM HAD ARGUED THE TYPE OF PESTICIDE THAT OKUNISHI ALLEGEDLY CONFESSED TO USING IN THE WINE WAS NOT ACTUALLY USED IN THE MURDERS, BECAUSE ITS CHARACTERISTIC COMPONENT WAS NOT DETECTED IN THE WINE. BUT THE HIGH COURT REJECTED THAT ARGUMENT. THE DEFENSE FILED AN APPEAL WITH THE SUPREME COURT IN JANUARY 2007. JUDICIAL EXPERTS SAID REEXAMINATION OF THE WINE AND THE CREDIBILITY OF OKUNISHI'S CONFESSION WOULD BE THE FOCUS OF DELIBERATIONS AT THE UPCOMING HIGH COURT TRIAL.".............LAST MONTH, A 63-YEAR-OLD MAN WHO WAS FORCED TO MAKE A FALSE CONFESSION TO INVESTIGATORS WAS ACQUITTED. TOSHIKAZU SUGAYA SPENT 17 YEARS IN PRISON AFTER BEING SENTENCED TO LIFE IMPRISONMENT FOR KILLING A KINDERGARTENER IN 1990.""

THE ASSOCIATED PRESS;

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"TOKYO, April 6 (Kyodo)-The Supreme Court has revived the possibility of a retrial for an 84-year-old death row inmate convicted of killing five women and injuring 12 others with poisoned wine in Mie Prefecture in 1961, court officials said Tuesday," the Associated Press story, published earlier today, begins, under the heading, "Top court revives retrial chance for man on death row for 1961 murders."

"The top court's third petty bench ruled Monday to repeal the Nagoya High Court's decision in 2006 to revoke its previous decision to reopen the trial of Masaru Okunishi, who has been on death row since 1972," the story continues.

"After hearing that the five-justice panel had revoked the 2006 high court decision and sent it back to the appellate court for the case to be reconsidered, Okunishi told his lawyers he hopes "a retrial will be held as soon as possible to overturn my wrongful conviction," according to lawyers who visited the man at the Nagoya Detention House.

Justice Yukio Horigome, the presiding judge of the case, said in the decision that further deliberations should take place, noting that the high court failed to fully look into the case from a scientific point of view and needs to reevaluate the results of tests on the wine used in the crime.

On Tuesday, Okunishi's defense team welcomed the highest court's decision, saying the signs were good that the high court will decide to reopen the case. But defense team leader Izumi Suzuki said in a press conference in Nagoya that the Supreme Court should have decided by itself to reopen the trial.

It was the first decision by the highest court in 34 years to revoke a lower court decision involving a retrial application by a death row inmate. In 1976, the Supreme Court revoked a district court decision in a 1950 murder case, paving the way for the person convicted to be acquitted and freed.

The 1961 case involves the poisoning of 17 women in March 1961 at a local community meeting in Nabari, Mie Prefecture. Five of the women, including Okunishi's wife, died and 12 fell sick.

Okunishi was arrested in April that year. He allegedly confessed to investigators that he had laced the wine with an agricultural chemical.

However, Okunishi retracted his confession shortly before being indicted.

In 1964, the Tsu District Court acquitted Okunishi who had pleaded innocent, citing a lack of evidence. But the Nagoya High Court revoked the lower court decision and sentenced him to death in 1969 -- a decision upheld by the Supreme Court in 1972.

Okunishi has since applied a total of seven times for a retrial. The first six applications for a retrial were all rejected.

On Okunishi's seventh attempt, the Nagoya High Court decided in April 2005 to reopen the trial, citing new evidence that could prove his innocence. It also issued an order to suspend his execution.

But prosecutors filed an objection with the high court. In December 2006, a separate three-judge panel at the high court repealed the previous decision.

The defense team had argued the type of pesticide that Okunishi allegedly confessed to using in the wine was not actually used in the murders, because its characteristic component was not detected in the wine. But the high court rejected that argument.

The defense filed an appeal with the Supreme Court in January 2007.

Judicial experts said reexamination of the wine and the credibility of Okunishi's confession would be the focus of deliberations at the upcoming high court trial.

Last month, a 63-year-old man who was forced to make a false confession to investigators was acquitted. Toshikazu Sugaya spent 17 years in prison after being sentenced to life imprisonment for killing a kindergartener in 1990."

The story can be found at:

http://www.oregonlive.com/newsflash/index.ssf?/base/international-28/1270550303128670.xml&storylist=international

Harold Levy...hlevy15@gmail.com;