Tokyo High Court decides whether to allow retrial of Hakamada case

Iwao Hakamada, who was sentenced to death in the so-called "Hakamada Incident" 57 years ago, will decide on the 13th whether or not to approve the retrial and redo the trial.

Attention will be paid to what kind of judgment will be shown about the case in which guilt or innocence has been contested for more than half a century since the occurrence.

Iwao Hakamada, 87, was sentenced to death 57 years ago in 1966 in what is now Shimizu Ward, Shimizu Ward, where a family of four was murdered.

Nine years ago, in 2014, the Shizuoka District Court issued a decision to approve a retrial, and Hakamada was released for the first time as a death row inmate. Since it was determined that the case was not exhausted, the case is undergoing an unusual development in which the Tokyo High Court will hold another hearing.

The issue at the high court is the change in color of blood stains on clothing found in a miso tank near the scene more than a year after Mr. Hakamada's arrest.

The clothing was said to belong to the criminal and was used as evidence of guilt in the final judgment, but based on experiments by forensic scientists, the defense said, ``The redness of the blood stains disappears as time passes while soaked in miso. It claims that it is a forged evidence.

On the other hand, the prosecutor's office conducted an experiment in which the blood-stained cloth was soaked in miso for more than a year, and is requesting that the allegation be dismissed, stating that ``redness remained in some areas.''

The Tokyo High Court is scheduled to make a decision on whether to approve a retrial on the afternoon of the 13th, and attention will be paid to what kind of judgment will be shown on the case that has been in dispute for more than half a century since its occurrence.

Mr. Hakamada's older sister, "I have to see the start of the retrial."

Iwao Hakamada has been living with his older sister Hideko in his home in Hamamatsu City since he was released in 2014 for the first time in 48 years.

Nine years after his release, Mr. Hakamada celebrated his 87th birthday on the 10th of this month.

Due to being imprisoned for a long period of time under the fear of death penalty, she still cannot speak properly, but according to Hideko, she has recently become more expressive and speaks more words than before. increased.

After his release, Mr. Hakamada made it a daily routine to take walks near his home.

But he says that since last summer he has had trouble walking long distances and wants to go outside in his supporter's car.

He also has diabetes and needs assistance in some aspects of his daily life.

On the other hand, Hideko, who has been supporting Hakamada for more than half a century, believing in her innocence after he was arrested, turned 90 last month.

Since elderly Hideko is now the petitioner for a retrial on behalf of Hakamada, the defense team asked one of the lawyers to be added to the petitioner, which was approved by the court in December last year.

On the final day of the trial at the Tokyo High Court, Hideko appealed to the judge, "Iwao is still in a world of delusions, but please give him true freedom."

Hideko said, "In terms of age, I'm prepared for anything, but if I don't see the start of the retrial, I won't die. I won't say anything now, but I think Iwao's 48 years are tremendous. I want to tell you that I am no longer a death row inmate."

“Guilty” or “Innocence” Judicial judgments come and go

The Hakamada case has been the subject of more than half a century of controversy over guilt or innocence.

Judicial rulings have changed over and over as to whether or not to approve a retrial.

In June 1966, the house of a managing director of a miso manufacturing company burned down in what is now Shimizu Ward, Shizuoka City, and the bodies of four family members were found in the wreckage.

In August of that year, former professional boxer Iwao Hakamada, who was an employee of the company, was arrested on suspicion of robbery and murder.

At the trial, he again pleaded not guilty, but more than a year after the incident, after the trial began, five items of clothing believed to belong to the criminal, including a bloody shirt, were found in a tank at a miso manufacturing company. rice field.

In September 1968, the Shizuoka District Court found the five items of clothing worn by Hakamada at the time of the incident and sentenced him to death as evidence of his guilt.

On the other hand, 44 out of the 45 statements made when Mr. Hakamada confessed were suspected of being coerced and were not treated as evidence.

After that, the two trials of the Tokyo High Court and the Supreme Court rejected his claim of innocence, and in 1980, the death penalty was finalized.

The district court approves the retrial, but the high court does not approve

In the following year, 1981, Mr. Hakamada's legal team requested a retrial.

The defense team claimed that there were unnatural points such as the fact that no clothes were found in the tank during the search immediately after the incident and that the size of the clothes did not fit, and that the confession was forced, but the Shizuoka District Court ruled. I didn't approve.

At the Tokyo High Court, a DNA test was conducted on the blood stains on the clothes, but due to the severe deterioration, it was dismissed as ``unable to identify'' at that time, and in 2008, it was also rejected by the Supreme Court.

The first motion for a retrial, spanning 27 years, was denied.

In the second petition, the Shizuoka District Court again decides to conduct a DNA test on the five items of clothing.

As a result, an expert on the defense side concluded that ``the DNA type of the blood stain on the shirt does not match Mr. Hakamada'', and in 2014, a decision was made to allow the trial to be redone.

He severely criticized the investigation at the time, saying, "There is a suspicion that the investigative agency fabricated important evidence."

However, the prosecution appealed the decision.

At the Tokyo High Court, it was contested whether the DNA analysis method performed by the defense expert was scientifically reliable.

In 2018, the Tokyo High Court reversed the district court's decision on the grounds that ``the credibility of DNA testing is poor,'' and issued a decision not to allow a retrial.

It was a judgment that it was not unreasonable to think that the clothes that belonged to the criminal belonged to Mr. Hakamada.

On the other hand, he did not cancel his release, saying, ``In light of his age, living situation, health condition, etc., it is difficult to say that it is appropriate to cancel before the decision on the retrial is finalized.''

The Supreme Court again ordered a trial by the high court saying that ``the trial has not been exhausted''

This time, the defense side filed a special appeal to the Supreme Court, dissatisfied with the decision.

Three years ago, in 2020, the Supreme Court ruled on the DNA analysis of blood stains on clothing, saying, ``Even if DNA remains, it is extremely small, and there is a high possibility that the nature of the DNA has changed or deteriorated. It is an extremely difficult situation and cannot be said to have any evidence value."

On the other hand, regarding the change in the color of the blood stains, "There is no possibility that redness may remain in the blood stains that have been immersed in miso for more than a year. He revoked the decision of the Tokyo High Court that did not approve the retrial, and ordered the trial to be held again at the High Court.

In reaching the conclusion, the opinions of the five judges were divided 3 to 2, and two of them said that they should start a retrial.

It was unusual for a judge to divide his opinion on a special appeal requesting a retrial.

Following the Supreme Court's decision, the issue was narrowed down to the color change of the blood stains on the clothing.

In the high court proceedings that lasted two years, experts were interrogated, and both sides conducted experiments to develop claims based on scientific views.

In addition, the presiding judge and judges visited Shizuoka to observe the prosecution's experiments.

The presiding judge also met with Mr. Hakamada himself.

Then, in December last year, all the hearings ended, and the decision was made on the 13th.

The biggest point of contention is "change in blood stain color"

The biggest point of contention is the change in color of the blood stains on the '5 items of clothing'.

The "five pieces of clothing" include a shirt with blood on it that was found in a miso tank near the scene when the trial had already begun, more than a year after Mr. Hakamada's arrest.

The evidence that led to the conviction that Mr. Hakamada was wearing at the time of the crime, but if the clothes were put in after he was arrested, the possibility that the evidence was fabricated emerges.

For this reason, three years ago, the Supreme Court pointed out that the ``change in color of blood stains'' should be scientifically explained in order to fully investigate when the clothes were put in.

The high court disputed whether redness could remain even after being soaked in miso for a long period of time.

The defense attorney argued, ``If the blood stains were soaked in miso for more than a year, they would have turned black.

We asked a forensic expert for an appraisal, and submitted experimental results that the chemical reaction of hemoglobin, a blood component, progressed when it came into contact with miso-like ingredients, and the redness disappeared within a few weeks.

In response to this, the prosecution conducted an experiment in which blood-stained cloth was soaked in miso for one year and two months, and said, ``Redness can be seen in some areas, and it is fully possible that redness may remain in blood stains soaked in miso for a long period of time. I could do it," he claimed.

During the trial, forensic and other experts were also questioned as witnesses, and both sides expressed their opinions on the results of the experiments conducted by both parties and the reliability of the methods.

In order for a retrial to be granted, the evidence presented by the defense must be "novelty" that it is new evidence that has not been examined in past trials, and "obvious" that it is clear evidence that indicates the possibility of innocence. The focus is on how the court will decide on these two conditions.

Former Judge ``The key is how strictly we seek clarity''

Lawyer Yasushi Handa, a former judge with a long experience in criminal trials, said, "In this case, it is said that there is no convincing evidence other than the five items of clothing, so I doubt this evidence. If a case arises, there may be a decision to initiate a retrial substantially on that point alone."

In addition, he points out that the key is how strictly to seek "clearness" that the experimental results shown by both parties are clear evidence that indicates the possibility of innocence.

Former Judge Handa said, ``Whether or not redness remains in the blood stain is an important point that determines the conclusion, but if clarity is required based on the standard that 'redness will never remain under any conditions,' the hurdle will be considerable. It will be higher," he says.

Regarding Mr. Hakamada's release, he said, "The previous Tokyo High Court did not approve a retrial, but did not cancel his release. Nine years have passed since his release, but Mr. Hakamada has not escaped during this time. It seems that he is in a difficult situation, so I don't think he will go so far as to decide to cancel his release."

He also commented on the impact of the decision, saying, "The Hakamada case is a case that can be said to be a symbol of a request for a retrial, and if it is admitted, it will stimulate discussion on the legal system for retrials, where issues have been pointed out, such as the disclosure of evidence and how the prosecutor should file an appeal. It will come," he said.