Friday, May 21, 2010

TOSHIKAZU SUGAYA; JAPAN; REFRESHING WAY TO TRY AND AVOID FUTURE MISCARRRIAGES OF JUSTICE. DEFENCE LAWYER TO TALK TO CLIENT'S PROSECUTORS. 17 YEARS;


"A DEFENSE LAWYER FOR TOSHIKAZU SUGAYA, WHO SPENT MORE THAN 17 YEARS IN PRISON AFTER BEING WRONGFULLY CONVICTED OF A 1990 MURDER, HAS BEEN INVITED TO THE SUPREME PUBLIC PROSECUTORS OFFICE TO LECTURE SENIOR PROSECUTORS NEXT MONDAY. HIROSHI SATO WILL TALK ABOUT HOW PROSECUTORS SHOULD CONDUCT INVESTIGATIONS AND HANDLE EVIDENCE IN TRIALS FROM THE STANDPOINT OF A DEFENSE ATTORNEY WHO WORKED ON THE SO-CALLED ASHIKAGA CASE. SUGAYA, NOW 63, WAS CONVICTED FOR THE MURDER OF A 4-YEAR-OLD GIRL IN ASHIKAGA, TOCHIG PREFECTURE. SATO BEGAN DEFENDING SUGAYA IN 1993 AFTER SUGAYA WAS SENTENCED TO LIFE IMPRISONMENT BY THE UTSUNOMIYA DISTRICT COURT. IN MARCH, SUGAYA WAS ACQUITTED IN A RETRIAL BY THE SAME COURT."

THE YOMIURU SHIMBUN;

----------------------------------------------------------------------------------

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.

----------------------------------------------------------------------------------

"A defense lawyer for Toshikazu Sugaya, who spent more than 17 years in prison after being wrongfully convicted of a 1990 murder, has been invited to the Supreme Public Prosecutors Office to lecture senior prosecutors next Monday," The Yomiuri Shimbun story begins, under the heading, "Ashikaga lawyer to lecture prosecutors."

"Hiroshi Sato will talk about how prosecutors should conduct investigations and handle evidence in trials from the standpoint of a defense attorney who worked on the so-called Ashikaga case," the May 3, 2010 story, referring to a meeting scheduled for earlier this month, continues.

"Sugaya, now 63, was convicted for the murder of a 4-year-old girl in Ashikaga, Tochigi Prefecture.

Sato began defending Sugaya in 1993 after Sugaya was sentenced to life imprisonment by the Utsunomiya District Court. In March, Sugaya was acquitted in a retrial by the same court.

In April, the Supreme Public Prosecutors Office released results of its review of the initial investigation of the case, saying the validity of the DNA evidence used in the trial was overestimated.

Prosecutors also announced measures to prevent a recurrence of similar incidents, including organizing lectures on wrongful convictions, including the Ashikaga case.

"I respect their attitude to earnestly take preventive measures by listening to the attorney [who worked on such a case]," Sato said. "[During the lecture,] I'd like to emphasize that the Supreme Public Prosecutors Office's review [of the Ashikaga case] focused too much on the investigation and not enough on the trial.""


The story can be found at:

http://www.yomiuri.co.jp/dy/national/20100503TDY02T06.htm

Harold Levy...hlevy15@gmail.com;