Man wrongly convicted of 1990 murder acquitted+

OANA_NEWS



UTSUNOMIYA, Japan, March 26 Kyodo -
The Utsunomiya District Court on Friday acquitted a 63-year-old man who was
sentenced to life in prison over a 1990 murder in Tochigi Prefecture and spent
17 years behind bars, while offering an apology to the defendant for its past
ruling.

The verdict formally cleared Toshikazu Sugaya, a former kindergarten bus driver
convicted of killing Mami Matsuda, 4, in Ashikaga, Tochigi, based on flawed DNA
testing and a false confession.
''I feel sorry as a judge that we did not listen to Mr. Sugaya's truthful
voice, and as a result, took away his freedom for 17-and-a-half years,''
Presiding Judge Masanobu Sato said. The three judges stood up and bowed toward
the defendant.
Sugaya told reporters after the court adjourned that the verdict ''filled me
with emotion. I appreciate it. I'm glad.'' He also said, ''I feel completely
different today from yesterday...I feel refreshed by the verdict of complete
innocence.''
It is the sixth time in the postwar era that a defendant with a finalized death
penalty or life sentence has been acquitted in a retrial, according to the
Supreme Court.
The ruling was finalized 18 years after the arrest of Sugaya, with the
prosecution abandoning the right to appeal. ''It is apparent to everyone that
Mr. Sugaya is not the culprit,'' Sato said.
The retrial began last October after a fresh DNA analysis effectively proved
Sugaya's innocence. With the prosecution already having asked that he be
acquitted, the focus was on how the court would sum up the case, in particular
whether it would refer to the background behind the false allegations and if it
would apologize for its past ruling.
Sato ruled that Sugaya was unable to withstand the harsh interrogation and had
made the false confession after he was confronted by the DNA testing result.
''The confession is incredible and false,'' the presiding judge said. He also
ruled that as the DNA testing during the investigation was not conducted in a
scientifically reliable manner, its result was not admissible as evidence.
During the retrial, audiotapes of a prosecutor questioning Sugaya were played
in court, with his defense lawyers aiming to show how the defendant was forced
to make a false confession and how he had fallen victim to a miscarriage of
justice during the investigation and trials.
On the questioning, Sato said it was illegal as the prosecutor neglected to
tell Sugaya that he could consult with defense lawyers and that he had the
right to remain silent.
On Sugaya's acquittal, Justice Minister Keiko Chiba showed willingness to
review the handling of evidence and interrogation in criminal cases to prevent
false accusations.
''It is necessary to systematically and legally review evidence examination
while considering (the appropriateness of introducing) videotaping of the
interrogation process,'' she told a press conference.
Hiroshi Nakai, chairman of the National Commission on Public Safety, said he is
considering meeting with Sugaya so he could hear what Sugaya has to say about
the introduction of videotaping of the interrogation process.
Investigative authorities reiterated their apology to Sugaya, with Masahito
Kanetaka, chief of the National Police Agency's criminal investigation bureau,
saying, ''It is quite regrettable that an innocent person was detained for
17-and-a-half years. We will thoroughly implement preventive measures.''
Hideo Makuta, chief public prosecutor at the Utsunomiya District Public
Prosecutors Office, said in a statement, ''We apologize for indicting Mr.
Sugaya, an innocent person, and detaining him for a long time.''
Sugaya, who at first admitted to the crime before retracting his confession,
pleaded not guilty at his initial trial. The Utsunomiya District Court in 1993
sentenced him to life in prison, a decision upheld by the Tokyo High Court in
1996.
The Supreme Court also endorsed the guilty verdict in 2000, recognizing a DNA
test as admissible for the first time.
After the district court turned down Sugaya's plea for a retrial in 2008, the
case took a new turn in 2009 when a fresh DNA analysis conducted at the request
of his defense team indicated he was not the killer and opened the way for the
retrial in June.
==Kyodo
2010-03-27 01:46:15