Hearing of Hakamada Case Concludes

Shizuioka District Court concluded hearings on Hakanada case, a retrial in which a man, Iwao Hakamada, had once been sentenced death penalty for murder of four people. While the prosecutors insisted on death penalty on Hakamada, the lawyers of defendant argued that Hakamada was innocent, denying the evidence as fabricated. The court will pass over the sentence on September 26th. 

It was 1966 when the executive director of a miso factory and his family were killed, and one of the employees, Hakamada, was arrested with suspect of murder. The prosecutors submitted some clothes stained with blood as evidence of murder to the court and Shizuoka District Court found Hakamada guilty in 1968 and the penalty was fixed by the Supreme Court in 1980.

 

In the process of demanding retrial, the defendant lawyers submitted new evidence with a result of DNA survey on the clothes, indicating that the prosecutors could have fabricated the evidence. The Supreme Court remanded the case to the high court in 2020, and retrial started in October 2023. This is the fifth case, in each of which a defendant once sentenced death penalty proceeded to a retrial. All the defendants in former four cases were found innocent.

 

In the final hearing on May 22nd, the prosecutors insisted that the clothes, especially the trousers, found in a tank of brewing miso had been possessed by Hakamada and argued that fabrication was impossible and unrealistic. “Although Hakamada has mental illness with long detention, it does not make a reason to change the penalty, considering cruelty of the crime,” said the prosecutors demanding death penalty.

 

The defendant lawyers emphasized that the evidence for death penalty was totally invalid. They also indicated that there had been a group in the police organization who worked hard for making Hakamada a criminal. “It is needless to say that putting a wrong person on death row is a significant crime of a state,” said the lawyers in the last hearing.

 

Hideko Hakamada, Hakamada’s elder sister who has been taking care of Iwao, asked a sentence finding Hakamada innocent. “I hope to let my brother Iwao live his life as a human, even though his lifetime is not left so long,” said Hideko in the hearing. Iwao and she have consistently been denying the crime of murder.

 

In the four previous cases in which death sentences were overturned, the police coerced the suspects confession. Those cases occurred in the post-war time when investigation of Japanese police was sometimes heavily dependent on confession of suspects. While the courts in the first series of trials recognized the confession of Hakamada valid, they did not employ the confession in the retrials, focusing more on the clothes, according to the defendant lawyers.

 

The prosecutors even did not effectively object in the retrials to the defendant’s argument over the DNA survey, only presenting certain possibility that the evidence would be valid. Concerning validity of the evidence and previous examples, it is generally predicted that the court will find Hakamada innocent in the sentence in September.

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