"The flaws in the retrial system have also been highlighted once again. Twenty years have passed since Maekawa's first retrial request. The fact that prosecutors are allowed to appeal against retrial decisions contributed to the prolonged proceedings. Evidence consisting of 287 items, disclosed by prosecutors after the second retrial request, helped open the door to a retrial. There needs to be a system in place for early-stage evidence disclosure."
——————————————————\----
PASSAGE THREE OF THE DAY: "Just recently, Iwao Hakamada, who had been sentenced to death, was acquitted in a retrial. Japan's criminal justice system needs to undertake sincere self-reflection and comprehensive reform."
-------------------------------------------------------------
GIST: "The Nagoya High Court's Kanazawa branch has ordered a retrial for Shoshi Maekawa, 59, in the case of the murder of a junior high school girl in the city of Fukui in 1986. Maekawa was found guilty in the killing and served a seven-year prison sentence.
The Oct. 23 ruling points out that, driven by preconceptions, investigators may have been unjust in their pursuit of Maekawa. The police and prosecutors should immediately review how they conducted the case.
Although Maekawa was acquitted in his first lower court trial, this decision was overturned on appeal. Maekawa then won a judicial decision to start the retrial process, but this too was revoked after prosecutors filed an objection. The latest decision concerns a second retrial request.
The fact that the courts have now questioned the basis of his conviction three times carries great weight. The prosecutors should accept this decision and refrain from lodging an immediate appeal.
Maekawa consistently denied involvement in the girl's death, and there was no direct evidence linking him to the crime. The guilty verdict rested on the testimony of several acquaintances who claimed, among other things, that "there was blood on his clothes." However, the high court branch rejected the credibility of these statements.
One of the acquaintances who initially claimed that Maekawa was involved had been detained at the time in a drug case. The court pointed out that "it is possible that he gave false testimony in hopes of reducing his sentence or being released on bail."
The police had also provided this acquaintance with favorable treatment, including meals and meetings with outside parties. Another witness had received a wedding gift from a police officer who questioned him.
The decision concluded that "the police, having hit a dead end in their investigation, relied solely on this one source of information and likely coerced other acquaintances into providing testimony by any means necessary."
Moreover, the prosecutors had been aware of facts that contradicted the testimony but did not disclose them during the initial trial.
It is highly probable that improper investigations and evidence submissions took place. The responsibility of the court that handed down the guilty verdict must also be questioned.
The flaws in the retrial system have also been highlighted once again. Twenty years have passed since Maekawa's first retrial request. The fact that prosecutors are allowed to appeal against retrial decisions contributed to the prolonged proceedings.
Evidence consisting of 287 items, disclosed by prosecutors after the second retrial request, helped open the door to a retrial. There needs to be a system in place for early-stage evidence disclosure.
Just recently, Iwao Hakamada, who had been sentenced to death, was acquitted in a retrial. Japan's criminal justice system needs to undertake sincere self-reflection and comprehensive reform."
The entire story can be read at:
https://mainichi.jp/english/articles/20241024/p2a/00m/0op/017000cPUBLISHER'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
——————————————————————————————— - 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;
—————————————————————————————-
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;
-----------------------------------------------------------------
