Sunday, November 10, 2024

Japan: (Part One): Shoshi Maekawa: (Confidential informants); Another recent Japanese murder case raises serious questions about the fairness of Japan's criminal justice system, Kyodo News reports…"The court said the man who first implicated Maekawa in the killing may have tried to use his testimony as a bargaining chip for a more lenient sentence or to secure bail in his own criminal case. The presiding judge said the man might have made a "false statement." Criticizing the inappropriate offering of favorable treatment to the man, the judge said there were "strong grounds to suspect" that police forced others to give testimonies consistent with the first statement with the investigation stalling at the time."


PUBLISHER'S NOTE: What do confidential police informants have to do with forensic science? (I'm glad you asked). Investigative  Reporter Pamela Colloff give us  a clue when she writes - at the link below -  "I’ve wanted to write about jailhouse informants for a long time because they often appear in troubled cases in which the other evidence is weak." That's my experience as  well as a criminal lawyer and an observer of criminal justice. Given the reality that jurors - thanks to the CSI effect - are becoming more and more insistent on the need for there to be forensic evidence, it is becoming more and more common for police to rely on shady tactics such as use of police snitches, staging lineups, coercing, inducing, or creating false confessions out of thin air, procuring false eyewitness testimony or concealing exculpatory evidence. 
Harold Levy: Publisher: The Charles Smith Blog;

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PASSAGE OF THE DAY: "Maekawa was arrested on suspicion of murdering 15-year-old Tomoko Takahashi at her home in Fukui Prefecture. The Fukui District Court acquitted him in 1990, but he was convicted by the high court's Kanazawa branch, and the Supreme Court upheld the ruling. The latest decision follows the recent acquittal in a retrial of an 88-year-old man who spent nearly half a century on death row over a quadruple murder in Shizuoka Prefecture in 1966."

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"STORY: "Japan court orders retrial of man over 1986 schoolgirl murder" published by Kyodo News, on October 23, 2024.

GIST: "A Japanese court decided Wednesday to order a retrial for a man who served a seven-year prison sentence over the 1986 murder of a junior high school girl in central Japan, questioning the credibility of the testimonies that led to his conviction.


In ordering a retrial for Shoshi Maekawa, 59, the Kanazawa branch of the Nagoya High Court cited the possibility that one of the statements was false and motivated by self-interest. Maekawa has maintained his innocence since he was arrested in 1987.

The Kanazawa court decided in 2011 to reopen the case, but the decision was overturned by the Nagoya High Court following an objection by prosecutors. His second request for a retrial was filed in 2022.

While there was no direct evidence, Maekawa was convicted based on the testimonies of his acquaintances. In the second request, the prosecution disclosed 287 new pieces of evidence, including police investigation reports.Forensic evidence analysis software

The court said the man who first implicated Maekawa in the killing may have tried to use his testimony as a bargaining chip for a more lenient sentence or to secure bail in his own criminal case. The presiding judge said the man might have made a "false statement."

Criticizing the inappropriate offering of favorable treatment to the man, the judge said there were "strong grounds to suspect" that police forced others to give testimonies consistent with the first statement with the investigation stalling at the time.

Reacting to the ruling, Maekawa said he was "relieved" but cautious. "I can't get carried away just yet," he said, adding, "I'm aware that I'll face a long fight."

Satoru Yoshimura, who leads Maekawa's defense team, called the court decision "solid and justified," adding, "The large number of investigative reports disclosed by prosecutors was a decisive factor."

Reiko Fuchigami, president of the Japan Federation of Bar Associations, hailed the court's decision, saying she "reaffirmed the importance of evidence disclosure and active litigation proceedings." She urged prosecutors not to file an objection to the ruling.

Yoshihiko Hatanaka, the deputy prosecutor at the Nagoya High Public Prosecutors Office, said he will closely examine the details of the ruling and respond appropriately.

Maekawa was arrested on suspicion of murdering 15-year-old Tomoko Takahashi at her home in Fukui Prefecture. The Fukui District Court acquitted him in 1990, but he was convicted by the high court's Kanazawa branch, and the Supreme Court upheld the ruling.

The latest decision follows the recent acquittal in a retrial of an 88-year-old man who spent nearly half a century on death row over a quadruple murder in Shizuoka Prefecture in 1966."

The entire story can be read at:

https://english.kyodonews.net/news/2024/10/3c644b301447-urgent-japan-court-orders-retrial-of-man-over-1986-schoolgirl-murder.html?phrase=Batanes&words=

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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  • PRE-FINAL WORD: Jon Adrian “JJ” Velazquez who, on September 30th, 2024, upon being exonerated after spending 24 years in prison for a crime he did not commit: An exoneration is not a sign that the system is working, nor is it a celebration, but “an indictment of the system!”———————————————————————————————
  • 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." 

    Christina Swarns: Executive Director: The Innocence Project;
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