"IN A REPORT ON THE SO-CALLED ASHIKAGA CASE, THE NPA SAID OVERCONFIDENCE IN THE ACCURACY OF THE DNA TEST FUELED THE TOCHIGI PREFECTURAL POLICE'S BELIEF THAT TOSHIKAZU SUGAYA HAD MURDERED A 4-YEAR-OLD GIRL IN THE PREFECTURE IN 1990, AND DROVE THEM TO FORCE A CONFESSION OUT OF HIM. SUGAYA, 63, HAD HIS NAME OFFICIALLY CLEARED LAST FRIDAY IN A RETRIAL AT THE UTSUNOMIYA DISTRICT COURT AFTER SERVING 17-1/2 YEARS IN PRISON. THE 60-PAGE REPORT SAID THE DNA TEST HAD A DEGREE OF ACCURACY OF ONLY 1.2 PER 1,000 PEOPLE, BUT THE POLICE PLACED TOO MUCH FAITH IN IT. THIS GAVE INVESTIGATORS THE FALSE PRECONCEPTION THAT SUGAYA WAS THE OFFENDER, ACCORDING TO THE NPA REPORT. FURTHERMORE, A VETERAN "ACE" POLICE INSPECTOR WHO TOOK COMMAND OF THE INVESTIGATION ALSO HELPED INTERROGATE SUGAYA. BECAUSE OF THIS, THE POLICE HAD INSUFFICIENT CHECKS AND BALANCES TO CAREFULLY EXAMINE THE CREDIBILITY--AND TRUTHFULNESS--OF SUGAYA'S "CONFESSION," THE REPORT CONCLUDED."
THE DAILY YOMIURI;
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BACKGROUND: Toshikazu Sugaya, 63, is a Japanese man who spent 17 years in jail for the murder of a four-year-old girl who was acquitted in March, 2010, at a retrial. He was released last year after fresh tests showed that evidence found at the murder scene did not match his DNA. Mr. Sugaya had admitted to the crime but later retracted his statement, saying it was made under duress. Judge Masanobu Sato said that Mr Sugaya had made a false confession after being subject to harsh police interrogation. The judge said that Mr Sugaya had not been told that he could consult with a lawyer or that he had the right to remain silent; "'I feel sorry as a judge that we did not listen to Mr Sugaya's truthful voice, and as a result, took away his freedom for 17 and a half years,'' he said.
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"The police's blind faith in an initial DNA test and an "ace" senior investigator's involvement in the interrogation of a suspect were major factors that led to the wrongful imprisonment of an innocent man, the National Police Agency said Thursday," the Daily Yomiuri story, published on April 2, 2010, begins, under the heading, "Faith in DNA test sank Sugaya: NPA report admits overconfidence in analysis led to forced confession
"In a report on the so-called Ashikaga case, the NPA said overconfidence in the accuracy of the DNA test fueled the Tochigi prefectural police's belief that Toshikazu Sugaya had murdered a 4-year-old girl in the prefecture in 1990, and drove them to force a confession out of him," the story continues.
"Sugaya, 63, had his name officially cleared last Friday in a retrial at the Utsunomiya District Court after serving 17-1/2 years in prison.
The 60-page report said the DNA test had a degree of accuracy of only 1.2 per 1,000 people, but the police placed too much faith in it. This gave investigators the false preconception that Sugaya was the offender, according to the NPA report.
Furthermore, a veteran "ace" police inspector who took command of the investigation also helped interrogate Sugaya. Because of this, the police had insufficient checks and balances to carefully examine the credibility--and truthfulness--of Sugaya's "confession," the report concluded.
In compiling the report, the NPA asked about 20 people, including then investigators at the prefectural police, about the investigation of the case that occurred in May 1990 and reexamined investigation records.
The opening pages of the report include a candid admission from one investigator involved in the case.
"We arrested Mr. Sugaya, who wasn't the perpetrator, and he suffered and struggled as a prisoner for 17-1/2 years," the investigator admits. "This shouldn't have happened."
The probability that two people would have a complete DNA match with that of body fluids found on the girl's shirt was 1.2-in-1,000. However, the investigators jumped to the conclusion that Sugaya must be the culprit before interrogating him, which eventually led to his forced confession.
The report also pointed to problems with having the "ace" inspector take on both roles of investigation chief and interrogator.
Sugaya's confession did not match pieces of objective evidence. This led the investigators to conclude that Sugaya "must have forgotten" some of the details. Consequently, the investigators did not think it was important that Sugaya did not reveal any "secrets" that only the real perpetrator could know during questioning.
The Utsunomiya District Court last Friday said Sugaya's personality did not allow him to counterargue when someone strongly insisted on something. The NPA report concluded the prefectural police were ignorant of the possibility that Sugaya might go along with what the investigators were telling him.
Although Sugaya did not confess to some important details during interrogations, investigators repeatedly questioned him on these points until they managed to coax from him the statements they were seeking, according to the report. This eventually led to the false confession, it said.
The NPA also announced Thursday measures to prevent similar false accusations.
The steps include revisions of the Criminal Investigation Code in the National Public Safety Commission Rules to arrange specially assigned officials at each investigation headquarters to be set up for serious cases to check the credibility of suspects' confessions, and making better use of the NPA's DNA database.
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DNA analysis much improved
DNA testing, which came under scathing attack in the NPA report, has improved remarkably in recent years.
Using the latest mainstream technology, the chances of two people having a complete DNA match is less than 1 per 4.7 trillion. This development has greatly contributed to police investigations.
DNA found at the scene of a rape in Omitama, Ibaraki Prefecture, in 2003, was found to match that of a man arrested in a separate case. The man was indicted on suspicion of raping a woman before the statute of limitations ran out.
As of the end of February, the NPA's DNA database held information on 80,209 suspects and samples from 21,808 people taken at crime scenes.
The NPA plans to upgrade the database in the wake of the Ashikaga case. The agency issued a notice to prefectural police headquarters throughout the country, including the Metropolitan Police Department, dated Thursday, to make good use of the database."
The story can be found at:
http://www.yomiuri.co.jp/dy/national/20100402TDY03T04.htm
Harold Levy...hlevy15@gmail.com;
