Iwao Hakamada: Japan: Prosecutors have again sought the death sentence in the retrial of Iwao Hakamada, an 88-year-old former boxer who spent decades on death row in what his legal team described as a travesty of justice…"After the retrial began in October 2023, prosecutors again argued that Hakamada was guilty and said various evidence presented in his original trial showed that he committed the crime. Five pieces of bloodstained clothing that Iwao was supposedly wearing at the time of the killings were presented as key evidence. Prosecutors claimed Hakamada hid the clothing in a miso tank after he committed the crime, and that they remained immersed in the tank for more than a year. In seeking the retrial, the defense team presented the results of scientific experiments showing that bloodstains would turn blackish after such a long time in a miso tank. The bloodstains in the clothing evidence were reddish in color. In accepting the retrial, the high court said there was a high possibility that the evidence was not only fabricated but also planted. The defense team argued that high court ruling meant the evidence presented by prosecutors was worthless and should be excluded from the retrial. The defense also argued that prosecutors should abandon any plans to seek a guilty verdict because there were many questions concerning their case."

• PASSAGE OF THE DAY:  "In other retrials, prosecutors sought the same death sentence in four cases from the 1980s, but the defendants were all found not guilty. In another retrial in which prosecutors sought the same life sentence given in the original trial, the court found the defendant not guilty. There have also been some cases in which prosecutors did not seek a guilty verdict in the retrial."

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STORY: "Prosecutors again seek  death for Hakamada in 1966 killings," by Staff Writer Kazufumi Kaneko, published by The Asahi on May 22, 2024.

GIST: "Prosecutors again sought the death sentence in the retrial of Iwao Hakamada, an 88-year-old former boxer who spent decades on death row in what his legal team described as a travesty of justice.

The Shizuoka District Court on May 22 heard closing statements from prosecutors who continue to argue that Hakamada is guilty of murder and should be hanged for the crime committed 58 years ago.

Hakamada was arrested on suspicion of murdering four members of a family in 1966 in Shizuoka Prefecture and setting their house on fire.

Although he consistently said he was innocent, the Shizuoka District Court in 1968 found him guilty and gave him the death sentence, which was finalized in 1980.

At his retrial, prosecutors said, “We can demonstrate beyond a reasonable doubt that the defendant committed the crime.”

However, the prosecutors’ key evidence used to convict Hakamada did not stand up to scrutiny.

During Hakamada’s lengthy imprisonment, his defense lawyers on two occasions filed requests for a retrial.

The Shizuoka District Court in 2014 approved a retrial, and prosecutors appealed the decision. The case reached the Supreme Court, which ordered the Tokyo High Court to redo the proceedings.

In 2023, the high court backed the decision to hold a retrial at the Shizuoka District Court.

After the retrial began in October 2023, prosecutors again argued that Hakamada was guilty and said various evidence presented in his original trial showed that he committed the crime.

Five pieces of bloodstained clothing that Iwao was supposedly wearing at the time of the killings were presented as key evidence.

Prosecutors claimed Hakamada hid the clothing in a miso tank after he committed the crime, and that they remained immersed in the tank for more than a year.

In seeking the retrial, the defense team presented the results of scientific experiments showing that bloodstains would turn blackish after such a long time in a miso tank.

The bloodstains in the clothing evidence were reddish in color.

In accepting the retrial, the high court said there was a high possibility that the evidence was not only fabricated but also planted.

The defense team argued that high court ruling meant the evidence presented by prosecutors was worthless and should be excluded from the retrial.

The defense also argued that prosecutors should abandon any plans to seek a guilty verdict because there were many questions concerning their case.

Hakamada was excused from attending the retrial because his mental health deteriorated so much during his time in prison.

In other retrials, prosecutors sought the same death sentence in four cases from the 1980s, but the defendants were all found not guilty.

In another retrial in which prosecutors sought the same life sentence given in the original trial, the court found the defendant not guilty.

There have also been some cases in which prosecutors did not seek a guilty verdict in the retrial."

https://www.asahi.com/ajw/articles/15276202

PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog.

SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:

https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;

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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!

Christina Swarns: Executive Director: The Innocence Project;

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YET ANOTHER FINAL WORD:

David Hammond, one of Broadwater's attorneys who sought his exoneration, told the Syracuse Post-Standard, "Sprinkle some junk science onto a faulty identification, and it's the perfect recipe for a wrongful conviction.

https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-12348801

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