"THE NAGOYA HIGH COURT SAID MONDAY IT HAS RECEIVED PAPERS ON AN 84-YEAR-OLD DEATH ROW INMATE, CONVICTED OF KILLING FIVE WOMEN AND INJURING 12 OTHERS WITH POISONED WINE, THAT IT NEEDS TO START A REVIEW OF ITS EARLIER DECISION CONCERNING THE HIGH-PROFILE MURDER CASE IN MIE PREFECTURE IN 1961. THE COURT SAID THE ARRIVAL OF RECORDS FROM THE SUPREME COURT ON MASARU OKUNISHI, WHO HAS BEEN ON DEATH ROW SINCE 1972, MARKS THE BEGINNING OF A RECONSIDERATION OF THE CASE, AFTER THE TOP COURT DECIDED TO SEND IT BACK TO THE HIGH COURT ON APRIL 5. BUT IT IS EXPECTED TO TAKE A FEW MORE MONTHS FOR A RETRIAL TO BEGIN IN EARNEST AS JUDGES NEED TIME TO READ THROUGH THE DOCUMENTS AND DECIDE ON A TRIAL PLAN IN DISCUSSION WITH THE PROSECUTION AND THE DEFENSE TEAM."
BREITBART.COM;
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BACKGROUND: "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 IN DECEMBER 2006, A SEPARATE THREE-JUDGE PANEL AT THE HIGH COURT REPEALED THE PREVIOUS DECISION.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." (THE ASSOCIATED PRESS);
BREITBART.COM;
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The Nagoya High Court said Monday it has received papers on an 84-year-old death row inmate, convicted of killing five women and injuring 12 others with poisoned wine, that it needs to start a review of its earlier decision concerning the high-profile murder case in Mie Prefecture in 1961.
The court said the arrival of records from the Supreme Court on Masaru Okunishi, who has been on death row since 1972, marks the beginning of a reconsideration of the case, after the top court decided to send it back to the high court on April 5.
But it is expected to take a few more months for a retrial to begin in earnest as judges need time to read through the documents and decide on a trial plan in discussion with the prosecution and the defense team.
"NAGOYA, April 20 (AP) - (Kyodo)—The Nagoya High Court said Monday it has received papers on an 84-year-old death row inmate, convicted of killing five women and injuring 12 others with poisoned wine, that it needs to start a review of its earlier decision concerning the high-profile murder case in Mie Prefecture in 1961," the April 19, 2010 story begins, under the heading, "Court begins review process for man on death row for 1961 murders."
"The court said the arrival of records from the Supreme Court on Masaru Okunishi, who has been on death row since 1972, marks the beginning of a reconsideration of the case, after the top court decided to send it back to the high court on April 5," the story continues.
"But it is expected to take a few more months for a retrial to begin in earnest as judges need time to read through the documents and decide on a trial plan in discussion with the prosecution and the defense team.
The focus of the trial will be on whether the type of agricultural chemical that Okunishi allegedly confessed to using was indeed in the wine.
Okunishi was arrested in April 1961 for allegedly poisoning 17 women in March that year at a local community meeting in Nabari, Mie Prefecture. Five of the women, including his wife, died and 12 fell ill. He allegedly confessed to investigators that he had laced the wine with an agricultural chemical.
Okunishi retracted his confession shortly before his indictment. In the Tsu District Court acquitted him, citing lack of evidence.
But the Nagoya High Court overturned 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 and been refused six times. On his seventh attempt, the Nagoya High Court decided to reopen the case in 2005, citing new evidence that could prove his innocence and ordered his execution to be suspended.
But prosecutors filed an objection, and a separate three-judge panel at the high court repealed the previous decision.
The court rejected the defense team's argument that the type of pesticide that Okunishi said he used was not actually used in the deaths because its characteristic component was not detected in the wine. In 2007, the defense filed an appeal with the Supreme Court."
The story can be found at:
http://www.breitbart.com/article.php?id=D9F67BLG0&show_article=1
Harold Levy...hlevy15@gmail.com;
