QUOTE OF THE DAY: "Payne has repeatedly been denied bail, with judges citing the risk that he could destroy evidence despite the fact that the DNA evidence at the heart of the case is already in the hands of the prosecution. His legal team argues that his detention is symptomatic of an institutional reluctance to acknowledge that the authorities may have got a case wrong. “In Japan government ministries always have to be right, unless they admit to the mistake, they are right,” said defense attorney Tsunogae."
------------------------------------------------
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Fully clarify the DNA issues identified by the Tokyo High Court, in particular the TH01 locus and the FGA, D7S820 and D10S1248 loci.
Ensure that the defence has meaningful access, within the limits of procedural law, privacy protection and the rights of third parties, to material necessary for a substantive assessment of the DNA evidence.
Conduct an individualised and adequately reasoned assessment of the need for continued detention and of available alternatives, including conditional release subject to supervision.
Ensure prompt and adequate access to medical assessment, treatment and relevant medical documentation, as permitted by law.
Make the reasoning of decisions affecting liberty available to the greatest extent permitted by law."
-------------------------------------------------
STORY: "Japan’s Incompetent Cops, Botched DNA tests, and Prosecutors Who Hate To Lose Are Keeping Chris Payne in a Japanese Prison," by Thisanka Siripala, Jake Edelstein and Amy Yp, and published by The Tokyo Pallad) in substack, on September 3, 2026. (THISANKA SIRIPALA, JAKE ADELSTEIN, AND AMY YP)
GIST: "An American man whose sexual assault conviction was overturned over disputed DNA evidence could stay behind bars in Japan until April 2027 at the earliest before facing a new trial.
On August 5, Christopher Payne’s defense team were told that limited capacity for jury trials at Chiba District Court means his retrial can not begin until after April 2027.
The 34-year-old Indiana-native, Payne, has been in custody for nearly 5 years on suspicion of sexually assaulting a woman in Chiba, east of central Tokyo in 2018.
SUB-HEADING: An American man successfully appealed a sexual assault charge in Japan that relied on a partial DNA match. But he still remains behind bars.
GIST: "An American man whose sexual assault conviction was overturned over disputed DNA evidence could stay behind bars in Japan until April 2027 at the earliest before facing a new trial.
On August 5, Christopher Payne’s defense team were told that limited capacity for jury trials at Chiba District Court means his retrial can not begin until after April 2027.
The 34-year-old Indiana-native, Payne, has been in custody for nearly 5 years on suspicion of sexually assaulting a woman in Chiba, east of central Tokyo in 2018.
He was arrested in 2021 and sentenced to eight years in prison with labor in 2024
He reportedly also had a solid alibi for the time when the assault took place but the prosecutors have failed to disprove it and are not interested in doing anything that make them lose face.
For Japanese prosecutors who boast of a 99% conviction rate after an indictment, losing a case is not just losing face, but also could mean reassignment to rural Japan.
Justice is a secondary concern.
He was awarded a retrial in December 2025 after the Tokyo High Court acknowledged problems with the DNA testing. They overturned the original guilty verdict but stopped short of acquitting or releasing him on bail.
A Partial Picture
DNA analysis is the gold standard of forensic evidence. It’s supposed to solve crimes with a high degree of accuracy. In Japan, however, DNA evidence is facing a credibility crisis.
The DNA evidence underpinning the case against Payne comes from a mixed sample containing genetic material from at least two people. It did not produce a complete DNA profile of the attacker.
Instead, prosecutors argue that Payne’s DNA is “consistent” with a partial profile recovered from the victim. They say the chance that any other person would be consistent with the mixed DNA sample is 1 in 260 billion.
It’s this damning 1-in-260-billion calculation that is under the forensic microscope, as his defense team question how the figure was calculated.
A Statistical Blind Spot
Lawyers from the Innocence Project Japan (IPJ) took over Payne’s defense in 2023, pro bono.
For the first time in a criminal case, Payne’s lawyers were able to get access to the raw DNA data.
Attorney Kiyomi Tsunogae, a member of Payne’s defense team, told reporters at the Foreign Press Club of Japan (FCCJ) on March 6, that an independent expert found major issues with how the forensic analysis was conducted and how the data was produced.
Tsunogae stressed that the DNA results produced by the prosecution’s DNA expert, Yoshihiro Yamada, had been edited to make it appear more like Payne’s DNA profile.
The discovery came from U.S forensic consultant Dr Simon Ford who argues the DNA analysis, in particular the DNA peaks, used to convict Payne had been altered.
“Prosecutors can do anything they want because the court won’t stop them,” said Tsunogae.
Ford also highlighted issues with the methodology used to test the forensic DNA.
Before DNA can be analyzed, tiny amounts are typically copied millions of times in a process known as amplification. Ford said the analyst amplified the sample without first determining how much DNA it contained, potentially producing artificial signals that could be mistaken for genuine DNA.
The prosecution’s expert also failed to account for Payne’s mixed-race heritage.
Court documents show that Yamada used African-American population databases for some of the statistical estimates without incorporating Payne’s Greek ancestry into the calculations.
The calculation may have made the genetic markers attributed to Payne appear rarer than they actually were.
Japan’s Forensic Red Flags
It’s not the first time authorities in Japan have botched DNA forensic examinations.
The accuracy of DNA profiling has been called into question after prosecutors and police were found to have falsified or destroyed DNA evidence in multiple criminal cases.
An employee of Saga Prefectural Police, a rural region of Southern Japan, was found to have either faked DNA tests or lost evidence after performing DNA tests on 130 criminal investigations over a seven year period. The forensic scientist was arrested in 2025.
But the misconduct appears to have been far more extensive than those 130 investigations suggested. A special investigation by Japan’s National Police Agency, released in June, found that Saga Prefectural Police had mishandled DNA forensic examinations in 239 cases.
Freedom for a Confession
In Japan, defendants who remain silent or deny guilt are much less likely to get bail. It’s a feature critics say put pressure on defendants to confess or cooperate with prosecutors.
It’s a dynamic that is also present in Payne’s case.
His court-appointed lawyers advised him to plead guilty in exchange for the hope of a shorter sentence and a possible transfer out of solitary confinement. Payne refused.
Payne has repeatedly been denied bail, with judges citing the risk that he could destroy evidence despite the fact that the DNA evidence at the heart of the case is already in the hands of the prosecution.
His legal team argues that his detention is symptomatic of an institutional reluctance to acknowledge that the authorities may have got a case wrong.
“In Japan government ministries always have to be right, unless they admit to the mistake, they are right,” said defense attorney Tsunogae.
Another Day, Another Fight
Chris’ mother, Ronda, misses her son. In our email correspondence with her, she speaks glowingly about him: his outgoing nature, his wit, his artistic abilities, and his compassion for others.
“The longer he goes through this and I hear what people think of him, I see even more now how much of an honor it is to be his mother…I believe him being the man he is comes from the thing I got right, and that was letting him follow his own path….when it was time for him to follow his dreams, he did, and I’m so proud of him.”
Ronda and Chris’ defense maintain that Payne’s alibi, psychological profile, and DNA testing all point toward his innocence, but that the prosecution is determined that Payne is the culprit, going as far as to tamper with contradictory evidence to support their claims.
Ronda also says the prosecutor and judge were not fully cooperative during meetings with the IPJ lawyer, withholding information and telling the lawyer to return in 6 months to get an explanation on why the prosecution was going after Payne in this manner. This went on for 18 months.
In light of the likely human rights violations against Payne, other organizations are getting involved. The Institute of Human Rights and Media just released a statement on September 2 regarding his case:
Ensure a prompt, fair and transparent retrial.
Fully clarify the DNA issues identified by the Tokyo High Court, in particular the TH01 locus and the FGA, D7S820 and D10S1248 loci.
Ensure that the defence has meaningful access, within the limits of procedural law, privacy protection and the rights of third parties, to material necessary for a substantive assessment of the DNA evidence.
Conduct an individualised and adequately reasoned assessment of the need for continued detention and of available alternatives, including conditional release subject to supervision.
Ensure prompt and adequate access to medical assessment, treatment and relevant medical documentation, as permitted by law.
Make the reasoning of decisions affecting liberty available to the greatest extent permitted by law.
The stakes are high. For the last four years, Payne has been held in solitary confinement. In addition to the psychological toll, there are reports that he has also suffered injuries and illness while in detention, often without prompt medical care.
For Chris, every day counts. For Ronda, too: she has been consistently working to get her son back home, whether it’s doing press conferences, contacting organizations that might help, using social media to get the message out, petitioning governments, or trudging through the bureaucratic mazes of both Japanese and American law.
“While I fight non-stop daily, mentally, physically, and emotionally, I will never stop, because he’s worth it all.""
He was awarded a retrial in December 2025 after the Tokyo High Court acknowledged problems with the DNA testing. They overturned the original guilty verdict but stopped short of acquitting or releasing him on bail.
A Partial Picture
DNA analysis is the gold standard of forensic evidence. It’s supposed to solve crimes with a high degree of accuracy. In Japan, however, DNA evidence is facing a credibility crisis.
The DNA evidence underpinning the case against Payne comes from a mixed sample containing genetic material from at least two people. It did not produce a complete DNA profile of the attacker.
Instead, prosecutors argue that Payne’s DNA is “consistent” with a partial profile recovered from the victim. They say the chance that any other person would be consistent with the mixed DNA sample is 1 in 260 billion.
It’s this damning 1-in-260-billion calculation that is under the forensic microscope, as his defense team question how the figure was calculated.
A Statistical Blind Spot
Lawyers from the Innocence Project Japan (IPJ) took over Payne’s defense in 2023, pro bono.
For the first time in a criminal case, Payne’s lawyers were able to get access to the raw DNA data.
Attorney Kiyomi Tsunogae, a member of Payne’s defense team, told reporters at the Foreign Press Club of Japan (FCCJ) on March 6, that an independent expert found major issues with how the forensic analysis was conducted and how the data was produced.
Tsunogae stressed that the DNA results produced by the prosecution’s DNA expert, Yoshihiro Yamada, had been edited to make it appear more like Payne’s DNA profile.
The discovery came from U.S forensic consultant Dr Simon Ford who argues the DNA analysis, in particular the DNA peaks, used to convict Payne had been altered.
“Prosecutors can do anything they want because the court won’t stop them,” said Tsunogae.
Ford also highlighted issues with the methodology used to test the forensic DNA.
Before DNA can be analyzed, tiny amounts are typically copied millions of times in a process known as amplification. Ford said the analyst amplified the sample without first determining how much DNA it contained, potentially producing artificial signals that could be mistaken for genuine DNA.
The prosecution’s expert also failed to account for Payne’s mixed-race heritage.
Court documents show that Yamada used African-American population databases for some of the statistical estimates without incorporating Payne’s Greek ancestry into the calculations.
The calculation may have made the genetic markers attributed to Payne appear rarer than they actually were.
Japan’s Forensic Red Flags
It’s not the first time authorities in Japan have botched DNA forensic examinations.
The accuracy of DNA profiling has been called into question after prosecutors and police were found to have falsified or destroyed DNA evidence in multiple criminal cases.
An employee of Saga Prefectural Police, a rural region of Southern Japan, was found to have either faked DNA tests or lost evidence after performing DNA tests on 130 criminal investigations over a seven year period. The forensic scientist was arrested in 2025.
But the misconduct appears to have been far more extensive than those 130 investigations suggested. A special investigation by Japan’s National Police Agency, released in June, found that Saga Prefectural Police had mishandled DNA forensic examinations in 239 cases.
Freedom for a Confession
In Japan, defendants who remain silent or deny guilt are much less likely to get bail. It’s a feature critics say put pressure on defendants to confess or cooperate with prosecutors.
It’s a dynamic that is also present in Payne’s case.
His court-appointed lawyers advised him to plead guilty in exchange for the hope of a shorter sentence and a possible transfer out of solitary confinement. Payne refused.
Payne has repeatedly been denied bail, with judges citing the risk that he could destroy evidence despite the fact that the DNA evidence at the heart of the case is already in the hands of the prosecution.
His legal team argues that his detention is symptomatic of an institutional reluctance to acknowledge that the authorities may have got a case wrong.
“In Japan government ministries always have to be right, unless they admit to the mistake, they are right,” said defense attorney Tsunogae.
Another Day, Another Fight
Chris’ mother, Ronda, misses her son. In our email correspondence with her, she speaks glowingly about him: his outgoing nature, his wit, his artistic abilities, and his compassion for others.
“The longer he goes through this and I hear what people think of him, I see even more now how much of an honor it is to be his mother…I believe him being the man he is comes from the thing I got right, and that was letting him follow his own path….when it was time for him to follow his dreams, he did, and I’m so proud of him.”
Ronda and Chris’ defense maintain that Payne’s alibi, psychological profile, and DNA testing all point toward his innocence, but that the prosecution is determined that Payne is the culprit, going as far as to tamper with contradictory evidence to support their claims.
Ronda also says the prosecutor and judge were not fully cooperative during meetings with the IPJ lawyer, withholding information and telling the lawyer to return in 6 months to get an explanation on why the prosecution was going after Payne in this manner. This went on for 18 months.
In light of the likely human rights violations against Payne, other organizations are getting involved. The Institute of Human Rights and Media just released a statement on September 2 regarding his case:
Ensure a prompt, fair and transparent retrial.
Fully clarify the DNA issues identified by the Tokyo High Court, in particular the TH01 locus and the FGA, D7S820 and D10S1248 loci.
Ensure that the defence has meaningful access, within the limits of procedural law, privacy protection and the rights of third parties, to material necessary for a substantive assessment of the DNA evidence.
Conduct an individualised and adequately reasoned assessment of the need for continued detention and of available alternatives, including conditional release subject to supervision.
Ensure prompt and adequate access to medical assessment, treatment and relevant medical documentation, as permitted by law.
Make the reasoning of decisions affecting liberty available to the greatest extent permitted by law.
The stakes are high. For the last four years, Payne has been held in solitary confinement. In addition to the psychological toll, there are reports that he has also suffered injuries and illness while in detention, often without prompt medical care.
For Chris, every day counts. For Ronda, too: she has been consistently working to get her son back home, whether it’s doing press conferences, contacting organizations that might help, using social media to get the message out, petitioning governments, or trudging through the bureaucratic mazes of both Japanese and American law.
“While I fight non-stop daily, mentally, physically, and emotionally, I will never stop, because he’s worth it all.""
The entire post can be read at:
https://tokyopaladin.substack.com/p/the-controversial-dna-that-holds?r=xbsk&utm_medium=ios
https://tokyopaladin.substack.com/p/the-controversial-dna-that-holds?r=xbsk&utm_medium=ios
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. 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. 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;
