Prosecutor's Opening Statement in Usami Case

Mr. Usami and Ms K were both Unification Church members, and they were engaged and attended the Church wedding ceremony in Feb. 2007. They planned to start their married life one year later, and developed a love each other by having dates in various occasions. Their date spot was usually Kita-Senju area in Tokyo.

Ms K disappeared from Mr Usami when she visited her parents’ home on Jan 1, 2008. (Ms K was abducted and confined in an apartment room for deprogramming purpose.  The deprogrammer was Takashi Miyamura.)

Mr. Usami suspected that Ms K was abducted and confined by her family members, and he started to find her.  Mr. Usami contacted the police, but police didn’t help him as they were not married. 

In Dec. 2008 which was one year after her dispearance, the Unification Church Head Office received a piece of letter from Ms K, declaring her intention of withdrawal from the church and cancellation of the engagement.  Mr. Usami suspected that there was a possibility that Ms K was pretending to renounce the faith to be freed as other victims did in the past. Mr. Usami continued the search.

Around April 2010, he had no other way but to install GPS on Ms K’s father car to find her. 

In November 2010, which was 3 year after Ms K’s disappearance, Mr. Usami was able to see and talk to Ms K for a very short time around for a minute.  Mr. Usami confirmed the Ms K’s cancellation of the engagement, and he stopped searching her.

In January 2011, Ms K submitted a written complaint against Mr. Usami in Ogikubo Police, and Mr Usami was arrested on Feb 7, 2011.  The charge was stalking. Court hearing started in May 2011 and concluded with a final defense plea on Nov. 8, 2011, and the court will give a decision next week on Dec.27, 2011.

Prosecutors and defendant’s lawyer drastically opposed each other.  Today I summarized the prosecutor’s opening statement.  I hope I can post Mr. Usami’s lawyers final statement and Mr. Usami's final defense plea by the judgment day.

Summary of the prosecutors’ opening statement (underline, emphasis done by Yoshi)
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The facts constituting the offense charged

1.     June 8, 2010, the victim and her parents went to a lawyer’s office in a car which her father drove.  They parked a car nearby parking around 2:30pm, and visited the office.

Around 5:30pm, the defendant waited in ambush for the victim in order to fill the feelings of love towards her.  The defendant knew the location of the car by fitting a GPS system on the victim’s father’s car.

2.    On June 12, 2010, the victim and her parents visited the lawyers office from 1pm to 3pm.  Around 3:30pm, the defendant waited in ambush for the victim on the street in order to fill the feelings of love.  The defendant identified the victim’s location by the GPS information.

3.   Around 2:50pm, Sep 20, 2010, the defendant waited in ambush for the victim on the street in Shinjuku in order to fill the feelings of love by using the above mentioned GPS information.   The defendant was staring at the victim and her parents walking towards the lawyer’s office.

 

4.     Around 10am, Oct 3, 2010, the victim visited the lawyers office with her parents in a car which her father drove.  Around noon on that day, the defendant waited in ambush for the victim in the victim’s shelter* using the above mentioned GPS information in Suginami.   When the victim and her parents returned to her shelter, the defendant was staring the victim.  (Notes by Yoshi *shelter – an apartment where Ms K lives with other former UC members who experienced deprogramming.)

5.    On 28 Nov 2010, the victim, her supporters and her friends went to a sauna facility in a car which her friend drove.  The defendant followed the supporter’s car by his motor bike.  Around at 5:40pm, the defendant waited in ambush for the victim in the sauna facility.  The victim passed in front of the defendant, the defendant did not say anything.  Afterwards around 7pm, the defendant waited in ambush for the victim near the sauna facility.  The defendant demanded that he wanted to speak with the victim.  The victim rejected this and called Police.  The defendant said to the police that he still loves the victim. 

The defendant could not give up the marriage with the victim, and he still felt attached to her.  Out of those feelings the defendant waited in ambush for the victim for a purpose to restore the relationship, in another word for a purpose of filing the feelings of love. 

Extenuating Circumstances

1.    The defendant is a sinister stalker.
   The defendant secretly fitted a GPS on the victim’s father’s car to identify the victim’s location.  He followed the car for 5 times by his motor bike, and waited in ambush for the victim.

2.    The motivation is selfish
   He should have given up searching the victim when he read the letter from the victim.  He ignored the victim’s feelings and continued his crimes.

3.     Vicious act
   The defendant installed a GPS terminal on the victim’s father’s car, and re-visited even to change the battery.  The defendant predicted the victim’s location for 5 months, and waited in ambush for the victim.

4.    Immense damage

5.     The defendant is unrepentant and risk of subsequent offense

6.      The defendant should be imposed a serious penalty

Prosecution's demand for punishment to the accused

3-month prison terms

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End of the prosecutor’s opening statement

Before finishing this post, I would like to add 2 things.

1. What is Stalking?
   Anti-stalking control law 2-1-1 says “Stalking is action to follow someone, wait in ambush for someone and block the way of someone, and to monitor someone near the residence, work place, school or other usual places, or to be at a doorstep in order to fill the feelings of love.)
   
   That’s why sentences such as “The defendant waited in ambush for the victim in order to fill the feelings of love” appears may times in the prosecutors statement.

2. Legality to fit GPS on someone’s car
   There’s no law to regulate to fit GPS on someone’s car in Japan. There may be ethical issue, but Mr. Usami was desperate to find the misssing person.

Mr Usami’s side counter-attacks the prosecutor’s statement, and insists that Mr. Usami’s action was not to fill the feelings of love, but to confirm Ms K’s will on marriage.

Information Source:
http://yonemoto.blog63.fc2.com/blog-entry-295.html



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