Outrageous and Unjust Verdict in Usami's Stalking Case

This article is continuation of Mr. Usami’s Court Case.  If you are here for the first time, please read the previous articles. 
http://humanrightslink.blogspot.com/2011/12/prosecutors-opening-statement-in-usami.html
http://humanrightslink.blogspot.com/2011/12/defening-lawyers-final-defense-plea-in.html

Mr. Usami was sentenced to 3 months in prison with a 4-year suspended sentence on Tuesday, 27 Dec 2011.  The full text of the verdict won’t be available until next year.  Mr. Kazuhiro Yonemoto, an investigative reporter and author of “Our Unpleasant Neighbors (A book detailingdeprogramming practices in Japan)” posted an article in regards to the verdict.

The following is the translation of Mr. Yonemoto’s article. (Some part may have been omitted or edited by Yoshi.)

The URL of Mr. Yonemoto's article:
http://yonemoto.blog63.fc2.com/blog-entry-303.html

Start of My. Yonemeto's article: Outrageous and Unjust Verdict

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Outrageous and Unjust Verdict

The court handed down 3 months in prison with a 4-year suspended sentence on Dec 27, 2011.

The summaries of the text of the court decision are (in random order):

1. The series of Mr. Usami’s acts were acts to wait in ambush for the purpose of filling the feeling of love.
   
   
2. The series of Mr. Usami’s acts were acts to restore the relationships with Ms Kudo.
   
   
3. “Pretending to renounce the church” does not affect the existence of criminal intent.
   
   
4. To use GPS for that purpose is vicious.
   
   
5. Usami is unrepentant.
   
   
6. Ms Kudo developed fear and was frightened by the Usami’s acts.

The verdict was read by the judge, and the full text is not available until next year.  Therefore I can’t fully criticize the verdict until then. 

However, here are my reviews in random order based on the information I have at the moment.     

1. The chief judge, Mr. Toshihiro FUKUSHI branded Mr. Usami’s acts as “acts to wait in ambush for the purpose of filling the feeling of love” and “acts to restore the relationships with Ms Kudo” from the beginning without showing any concrete grounds.
   Ms K didn’t say during the 2-day hearing that Mr. Usami waited for her in ambush in order to restore the relationship with her.  (Except for the prosecutor’s written complaint)
   
   Only the prosecutors’ opening statement and closing arguments clearly use the expression “in order to restore the relationship”.  However the evidence to show that Mr. Usami waited in ambush in order to restore the relationship was not presented to the court, and it was not proved during the 10 hearings.
   
   After all, the chief judge used the prosecutors’ scenario (statement) without verifying.  This is a suicidal action of judicial system, and a clear example of collusive relationship between courts and prosecutors.

2. The fact of the pretense of renouncing church was ignored flatly by the court, and it was regarded as excuse of the Mr. Usami’s acts to restore the relationship.  The pretense of withdrawal from the church is often observed among the victims of deprogamming in order to escape from captivity.
    
   If the chief judge use his brains, it’s easy to know that there are 3 options to escape from the confinement.  The 3 options are: 1. Withdrawal from the church 2. Escape 3. Pretense of withdrawal from the church.
   
   If no one pretended to renounce the church in the past in the deprogramming situations, it was not necessary for Mr. Usami to search for Ms Kudo so desperately.
   
   Mr. Fukushi, the chief judge did not mention the most important part in Mr. Usami’s motive.  It means that Mr. Fukushi wrote the text of ruling from the beginning in line with the prosecutors’ scenario.
   
   
3. The ruling says the use of GPS was vicious.  But again, the use of GPS can’t be judged without the evaluation of the “pretense of withdrawal from the church”
   
   Ms Kudo pleaded to marry with Mr. Usami, and it was just before the married life when Ms. Kudo disappeared.  Then a piece of letter to renounce the church and to cancel the engagement was delivered.  Mr. Usami just wanted to confirm Ms Kudo’s true intentions.  Mr. Usami fitted a GPS on her father’s car for the purpose of finding her dwelling location.
   
   If “the pretense of withdrawal from the church” exists, Mr. Usami’s claim is nothing unnatural.  If his claim is correct, the use of GPS is not vicious at all.
   
   Nevertheless, the chief judge determined that Usami’s acts are vicious without considering Usami’s claim.  This is also in line with the prosecutors’ scenario.
   
   
4. The chief judge, Mr Fukushi attached importance to the Ms Kudo’s feelings of fear and fright.  But the judge did not pay attention that the expression of the Ms Kudo’s feelings are nothing different from the feelings of the bogus victim in false groping charge.
   
   If Ms. Kudo felt fear or frightened, why didn’t Ms Kudo report to the police at the time of each charged offences.  Mr. Fukushi did not interpret this contradiction, and accepted Ms Kudo’s claims without questioning.
   
   
5. Only GPS terminal itself and its printed record (50cm x 50cm, 20”x 20”) are presented to the court as evidences by the prosecutors.  Other than the presented evidences, the testimonies of one party differ from the other.  If both parties say something different, the judges must verify both parties’ testimonies, determine which part is right and write the sentence by showing concrete grounds.
   
   Fukushi did not show any concrete grounds at all, and treated Ms Kudo’s claims as truth.  The judge didn’t closely examine Mr. Usami’s claims, nor mentioned his claims.  He is like a judge in medieval times.
   
   At least, he should write, “Usami claims ……….. , but it’s untrustworthy because ……..    ”. Mr. Usami didn’t have previous offences, nor have habitual lying.  Why didn’t the judge refer to Mr. Usami’s claims.
   
   
6. The judge could have asked the following questions to Ms Kudo.  “Why didn’t you report to the police or talk to your parents when you felt fear?”  “You were a team mother position in the Unification Church.  When  you started to talk with your parents on Jan 1, 2008, why did you allow Miyamura to visit you?”
   
   
7. The prosecutors claim consistently that “Mr. Usami’s acts are acts to wait in ambush for the purpose of filling of feelings of love.” The defending lawyers claim consistently that “Mr. Usami’s acts are acts to look for Ms K’s dwelling location.”  Both claims are very consistent.
   
   If the part of the prosecutors’ claims is denied, the prosecutors’ scenario would crumble.  Therefore, the judge would have written the verdict in line with the prosecutors’ scenario.  It would have been much easier for the busy judge.
   
   
8. The prosecutors demanded 3-month prison terms.  The sentence was in accordance with the prosecutors' demand, but the judge added suspended jail term and avoided actual prison sentence.  The chief judge didn’t explain why he added suspension jail term according to a spectator in the courtroom.

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End of Mr. Yonemoto's article, Translated by Yoshi


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