Mr. Usami appeal to a higher court.

If you are here for the first time, please refer to the follwoing articles for more details.

Links to the article in the same label. 
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
http://humanrightslink.blogspot.com/2011/12/outrageous-and-unjust-verdict-in-usamis.html

Mr. Usami was sentenced to 3 months in prison with a 4-year suspended sentence on Tuesday, 27 Dec 2011 for stalking.

The website of Association of Against Religious Kidnapping and Forced Conversion reported that Mr. Usami had appealed to a higher court on Jan 6, 2012.

Mr. Usami said that rational grounds of "the purpose of filling of feelings of love in order to restore the relationship" were not shown, and the verdict was in line with the prosecutors scenario without being verified, and I could not accept the verdict at all.

The website said that the decision did not mention the backgrouds of the case, which involvoed forcible conversion practices such as abduction or confinement, therefore it could possibly foster the deprgramming practices, and that Mr. Usami was a collateral victim of the deprogramming practice and that the decision had no sympathy or consideration to Mr. Usami who depearately searched for his fiance who went missing all of sudden.

You can send a message to Mr. Usami via the following page of Assocication Against Religious Kidnapping and Forced Conversion.

http://kidnapping.jp/support/form.html

Top box - Name (mandatory)

Second box - Email Address (mandatory)
Third box - Telephone Number (optional)
Fourth box - Suject (mandatory)
Fifth box (large one) - Message (mandatory)

Then press on the right button (Continue) at the bottom. (The left button is to RESET.)

Then again press on the right button (SEND) at the bottom. (The left button is to GO BACK.)

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.)

Defending Lawyer's Final Defence Plea in Usami Case

The statement goes over 40 pages. Here is a summary and extract of the defending lawyer’s final plea.

If you are here for the first time, please go to my previous article posted a few days ago.  Prosecutor's Opening Statement in Usami Case

The main issue in this Usami’s Stalking Case is “if Usami acted for the purpose to fill the feelings of love”.  The final defense plea spent many pages to verify Usami’s motive and prove that Usami’s acts were not for the purpose of filling the feeling of love, but for the purpose of confirming the partner’s will on marriage, which the defendant and Ms K pleaded and were preparing for.  If filling feelings of love does not exist in Usami’s motive, the anti-stalking control law can’t be applied.

The following is a summary and/or extract of the lawyer's final defence plea.

<General Statement>

1. The defendant suspected that there’s a possibility that Ms K pretended to renounce the church to be freed from the captivity.   The defendant carried out each act in order to confirm Ms K’s will on marriage, not for the purpose to fill the feelings of love.
   
   
2. Ms K’s intention to cancel the engagement did not reach the defendant or the defendant could not acknowledge Ms K’s notice as her real intention on rational grounds.  At each time of the facts of the charged offences, Ms K was regarded as a fiancee of the defendant.
   
   
3. At the time of the fact No.1 of the charged offences, the defendant did not acknowledge nor expect Ms K was in the car. 
   At the time of fact No.2, the defendant even did not find the car.
   At the time of fact No.3, the defendant saw Ms K, but he just observed Ms K.
   At the time of fact No.4, the defendant witnessed incidentally Ms K as a result, but he did not wait to expect to see Ms K.
   At the time of fact No.5, the defendant unexpectedly saw Ms K, but he did not expect that Ms K was appearing.   Afterwards, the defendant was just waiting at the general waiting area of the sauna facility.
   
   The above mentioned acts are not the acts to “wait in ambush”, which anti-stalking control law requires.
   
   
4. Lack of criminal intent
   The defendant did not have criminal intent of stalking.
   
   
5. Anti-stalking control law should not be applied to this case.
   Ms K showed a positive attitude towards marriage with the defendant and went missing all of sudden.  As Ms K did not make a direct contact with the defendant, the defendant’s motive was to find her and confirm Ms K’s will.  The defendant’s act differs from the act which the anti-stalking law should control.  It is not appropriate that the anti-stalking law is applied to this case.

<Meaning of “Waiting in ambush”>

“Waiting in ambush” generally means that
1. Knowing or expecting that someone is or may be coming, and
2. Waiting for the person at a particular place in hiding.
In addition, “Waiting in ambush” in the anti-stalking control law should fill the following 3^rd requirement.
3. Will to express one’s heart to the other person (for example –  starting to speak to the person)

The defense lawyer spent many pages to counterattack each of the prosecutor’s “facts constituting offenses charged”, and proved that the charged offenses are not stalking activities. (details omitted)

<“Lack of Criminal Intent” in the defendant's acts>

The anti-stalking act 2-2 says “Only when stalking acts deprive victims of physical safety and peace of the dwelling or defame victim’s character or only when the victim feels extreme fear and their freedom of movement is severely restricted, such acts are regarded “stalking acts”.

The defendants acknowledged Ms K’s cancellation of engagement during the time of the fact No.5 in the charged offenses.  Until then, the defendant thought that Ms K was pretending to renounce the church and thought that Ms K should have been glad to know that the defendant was searching for Ms K.  

Even if the defendant’s acts fall in “waiting in ambush” category, the defendant thought Ms K was glad to know the defendant’s actions.  In the defendant’s subjective view, the defendant did not acknowledge that his acts deprived Ms K of physical safety, peace of the dwelling and defamed Ms K.  or caused extreme anxiety enough to restrict her freedom of movement.

Therefore , it is clear that the defendant did not have criminal intent of stalking.   

<Application of the anti-stalking control law to this case>

If someone repeated to contact the partner by phone, email, letters etc in order only to fill the feelings of love, and/or chased or waited in ambush for the partner to demand to reinstate after the person received a clear message of breaking off the relations from one’s partner, this is the case which anti-stalking control law should be applied.

However in this Usami’s case, Ms K had kept intimate relationships with the defendant and had been positive towards the marriage with the defendant until the moment when Ms K went missing all of sudden.  As there were no contacts from Ms K, the defendant searched for Ms K to confirm her will.  This case completely differs from the case which anti-stalking law can control.

<Credibility of prosecutor’s evidences and police record of investigation>

There are inconsistency and contradiction of presented evidences by Ms K and her side including Ms K’s mother and Miyamura(introduced as a Ms K’s friend in this court case*).  

(*Miyamura - He’s a professional deprogrammer.  He was just introduced as a K’s friend in the court.  The defendant lawyer asked a question on Ms K and Miyamura's relattioships and Miyamura’s attribute.  The prosecutors objected to the defending lawyer and the judge agreed with prosecutors by saying the question is nothing to do with the main issues.)

The defendant was forced or pressured to sign the statement (police record of investigation) which was not accurate.  The defendant was told by police, “Your penalty will be lesser if it’s written like this.”  The defendant asked the police to re-write the statement next day, but it was rejected.  The statement (record of investigation) was made by the police and against the defendant’s memory and will, and the credibility of the statement should be denied.

<Conclusion>

The defendant’s motive was not for the purpose to fill the feelings of love.  The defendant did not have criminal intent of stalking, nor waited in ambush for Ms K.  Therefore stalking acts are not established, and the court should hand down not guilty verdict in a timely and decisive manner.

Mr. Usami’s Final Statement (First half omitted)

What would you do if you were in my situation?

Suppose your family member was abducted by North Korean Agent, and you received a letter saying, “I’m happy now.  Please don’t worry.  Please don’t look for me. ” Are you taking the letter as real?  Do you believe it?  Don’t you look for your family member using all possible ways?  Isn’t it everyone’s heart?

If Ms Kudo became to dislike me and wanted not to be searched, why didn’t she tell me so directly?

My contact details such as email address or phone number are same as before.

I was always ready for Ms Kudo to contact me.  Why didn’t she tell her will or feelings to me clearly and directly?

If she did contact me and did send the message to me clearly, I could understand.  I didn’t bother to look for her by fitting GPS.  GPS mobile phone system is a tool to prevent crimes from occurring before hand or to look for missing child.  I want the court to judge from the background and the purpose.

I wanted to release Ms Kudo who may have suffered in the captivity as quickly as possible.  If I couldn’t use technology when I needed most, what was the technology for?  If I didn’t use the technology, Ms Kudo may have suffered more.  If so, how regrettable it was.

Look at the fact No.1 of the charged offences.  I completely don’t understand why is my act to see the car understood to wait for someone in ambush in order to fill feelings of love.  I didn’t know who were inside, nor saw Ms Kudo.  Even if I saw Ms Kudo, what was filled by such a thing?

Same thing for the 2^nd to 4^th offence charged.

Let’s pick up 5^th offence charged.  Why did the prosecutors say that I filled the feelings of love by visiting the sauna facility where Miyamura and his supporters were or by seeing Ms Kudo.  Also when I started to speak to Ms Kudo, I didn’t demand to reinstate the relationship nor said that we should get married.  

I feel strong indignation about this unjust accusation and rude treatment.  However, I feel very sorry for Ms Kudo, because she was made up by her surroundings.

Ms Kudo was really a warm hearted person.  But now she has become a horrible person. 

Ms Kudo hasn’t got back into society yet, nor has returned to her parents’ home.  Ms Kudo did not initiate to make this situation happen.  I feel she is in the difficult situation which she cannot do but avoid.  I feel she is struggling to survive anyhow by balancing the mental stability.

Again as I mentioned earlier, I repeat that the motive of the series of my act was out of my heart that I wanted to confirm her real heart by seeing face to face, and it was not to fill the selfish feelings of love.

If Ms Kudo felt anxiety by my acts as results after she underwent forcible de-conversion process and changed her position and mind at some stage, I feel very sorry about it.  I clearly remember what she said to me.  She said to me that she wanted to build a happy family with me.  Please do understand that I believed in what she said and that my acts were based on that.

It was possible for Ms Kudo to talk, but she was led on to fighting against me.  It is very regrettable that she was deformed by those who practice forcible de-conversion and say forcible de-conversion does not exit.

What remains in her by dumping her original sincerity, kindness and important things as a human?  Is she really happy now? 

I have nothing to do with Ms Kudo in the future.  I want her to wake up and restore original herself, and I wish she become independent as soon as possible and she spends her natural and constructive life.  I also wish from the bottom of my heart that she return to her parents’ home(*) and become happy.

* Notes by Yoshi - Ms Kudo still lives in an apartment with other ex-UC members near Miyamura (deprogrammer)'s house.

The court decision was handed down at the session starting at 2:30pm on Tue, Dec 27, 2011. Mr. Usami was sentenced to 3 months in prison with a 4-year suspended sentence. 

According to the information updated on the web, the defending lawyer's every claim was rejected or ignored, and "abduction" and "confinement" were not mentioned at all in the ruling.  

One of the defending lawyers said,"I am not able to accept the ruling totally."  The other defending lawyer said,"It's an outrageous decision."

As soon as I receive the details of the ruling, I'll post it in Enlgish.


###

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.

Truth Is Stranger Than Fiction - Story Behind Unjust Arrest

A man was unjustly arrested in Tokyo by the Japanese police. The man has faith in the Unification Church.  Japanese media reported the arrest, but it lacks important information behind the incident.  This blog reveals the unreported facts behind it.    

This article is based on the Mr. Kazuhiro Yonemoto’s articles in his blog.   

http://yonemoto.blog63.fc2.com/blog-entry-246.html

http://www.blogger.com/post-edit.g?blogID=5867436137370519516&postID=348891343315060442

Mr. Yonemoto is an investigative reporter who published a book in 2009 called “Our Unpleasant Neighbours” (A story of a woman’s tragedy who was “rescued” from the Unification Church.   

------------------------------------------------------------------------------------------------------------------------------

Major Japanese media reported on Feb 7, 2011 that a Unification Church member in Japan, Mr. Takashi Usami was arrested on suspicion of violating Stalker Regulation Law by the Public Safety Bureau of the Tokyo Metropolitan Police Department.

Here is the newspaper article.  (Mainichi Shimbun Daily Newspaper on Feb 8, 2011.)   http://mainichi.jp/select/jiken/news/20110208k0000m040007000c.html

All the major media reported, but they had almost same contents.

--------------- Start of the newspaper article --------------------- 

The Public Safety Bureau of the Tokyo Metropolitan Police Department announced on Feb 7, 2011 that they arrested Takashi Usami (42, Member of the Unification Church) of Koshigaya, Saitama Prefecture under suspicion of stalking a woman (36) who he met at the church’s mass wedding ceremony.  Usami denied the suspicion, saying it was not stalking activities.

According to the Public Bureau of the Police Department, Usami and the woman were engaged at the Unification Church Wedding Ceremony held in Korea in Feb 2007.  The woman left the church in Dec 2008, then cancelled the engagement, and repeated to change the residence.  Takashi Usami is suspected on stalking activities as he waited in ambush for the woman, walked together, and demanded to talk for 5 times between Jun 8, 2010 and Nov 28, 2010 in Shinjuku and Suginami (both in Tokyo).  It is said that Usami and the woman was engaged in the church ceremony, but the woman left the church after the church wedding.

It is said that a GPS mobile phone unit which was registered under Usami’s name was fit underneath the body of her car, and it was transmitted 760 times between Oct 1, 2010 and Oct 14, 2010 to relay the location.  The Public Safety Bureau searched the Usami’s house, and seized more than 80 items such as writing pads or PC.

The woman filed a complaint in Ogikubo Police Office on Jan 13, 2011, and the Bureau is carefully investigating the organized involvement as there’s possibility of stalking activities to other women.
-------------------------- End of the newspaper article ----------------------

There are important facts missing (or intentionally omitted) in the newspaper article.  The missing fact is that the woman was kidnapped and confined for deprogramming purpose, and 10 months later she renounced the church and cancelled the engagement. 

You may remember the article of 6 weeks ago in this blog.  It is about Ms MA who was kidnapped and confined in an apartment, but escaped by climbing down an electric pole.   As soon as Ms MA was kidnapped and confined in an apartment room, deprogrammer Miyamura visited the Ms MA’s confinement site.  Miyamura brought 3 women.  1 of the women is the woman who alleges that she was stalked.  The woman will be mentioned Ms K in this blog.http://humanrightslink.blogspot.com/2011/01/another-kidnapping-on-new-years-day-but.html

Relating Facts of Ms K and Mr. Usami

•  Feb 2007: 
  The woman (Ms K) & Mr. Usami attended the Unification Church Wedding and they were matched (engaged).
  
• Jan 2008: 
  Ms K was kidnapped and confined to break her faith.  Takashi Miyamura was   a deprogrammer.
• Dec 2008:   
  Ms K renounced the church and cancelled the engagement.
  
• Jun 8, 2010 to Nov 28, 2010:
  Ms K alleges that Mr. Usami stalked her for 5 times.
  
• Nov 28, 2010
  Mr. Usami saw and talked to Ms K for 1 minute.
  
• Jan 2, 2011:
  Ms K appeared together with deprogrammer Miyamura at the apartment where Ms MA was confined.
• Jan 13, 2011:
  Ms K submitted a written complaint against Usami in Ogikubo Police.
  
• Feb 7, 2011:
  Mr. Usami was arrested.

Mr. Usami is still under custody of the Police.  Mr. Yonemoto visited the Police Office and he could talked to Mr. Usami for 20 minutes on Feb 15, 2011 to clarify the details.  The following facts were revealed.


Police accuses him that he stalked Ms K for 5 times.  Mr. Usami explained as follows;

Mr. Usami followed Ms K’s parent’s car using the GPS system fitted to Ms K’s parent’s car, and reached at the Shinjuku 1-15-9 area.  Mr. Usami saw Ms K’s parents entering into a building.  There’s Ms K’s lawyer (Mr. Hiroshi Yamaguchi)’s office in the building.  But Mr. Usami never saw Ms K.  2 more similar incidents followed.  So Mr. Usami even did not see Ms K for the first 3 incidents.

Then what happened to the 4^th time?  Mr. Usami explained;

Ms K’s father’s car moved towards the Ogikubo 1-33 in Suginami area, and Mr. Usami followed it.  Then Mr. Usami witnessed that Ms K and her parents walked into a ground floor room of a small apartment.  Then Mr. Usami was walking around the area, and he saw Ms K walking by herself.  He said he was so nervous that he could not approach to her.  Mr. Usami


Mr. Usami saw Ms K walking, but did not talk to her. This was the 4^th time.  Then what was the 5^th time.  Mr. Usami continued;

The 5^th incident happened in Nov 2010.  GPS stopped working by then.  Mr. Usami decided to go to the area of the apartment. He saw a car stopping in front of the apartment with the engine running, and 2 or 3 women getting into the car.  Mr. Usami followed the car.  The car stopped in front of the Mr. Miyamura’s house (the deprogrammer’s house).  But he didn’t follow the car because he thought Ms K was not in the car.


Truth Is stranger than fiction.  Mr. Usami decided to go to the Sauna (bath) in the area.  The reception is on the ground floor level, and sauna area is upstairs.   He was sitting in the chair.  To his surprise, the deprogrammer Miyamura and 3 or 4 women passed just in front of him.  And he saw Ms K among them.  Miyamura shouted, “What the hell are you doing here?” 2 women screamed at him, “I sue you for stalking”.  Mr. Usami didn’t say anything.

Mr. Usami went into the bath area and confronted Mr. Miyamura.  Mr. Usami asked Miyamura,”Can I talk to Ms K?”  Miyamura replied “No”. 

Mr. Usami didn’t give up.  He waited in the sofa by the reception.  Then Ms K came down from upstairs by herself.  It was first time in 3 years to see face to face.  There was conversation for 1 minute.  Ms K said, “It was over.  Didn’t I send you a letter in the autumn 2 years ago?”   Mr. Usami was finally able to confirm Ms K’s cancellation of the engagement from her directly.  It ended his “confirmation process” (to confirm Ms K’s decision from her mouth directly).

Are his behaviours stalking behaviours?
 
No, they are not.  First 3 incidents, Mr. Usami even didn’t see her.  At the 4^th time, he saw her, but didn’t talk to her nor confront her to demand something.  Only at the 5^th time which was Nov 2011, they talked each other for 1 minute.  As Mr. Usami confirmed her decision directly from her, he stopped to look for her whereabouts. 


Mr. Usami and Ms K were engaged in the church ceremony in Feb 2007.  And I suppose they had communicated with each other to develop relationships until Ms K was kidnapped and confined in an attempt to break her faith. Ms K disappeared completely from Mr. Usami all of sudden.  What would you do in this situation?  Mr. Usami was desperate to look for her and “rescue” her from the captors.


Ms K sent a letter to Mr. Usami in Dec 2008, notifying her cancellation of the engagement after 11 months of sudden disappearance.  In such confinement situation, victims often pretend to renounce the faith in order to be freed.  There are many cases in deprogramming process that victims are forced to do something against their will.  Victims have to follow the deprogrammers instruction during the “pretending” period, otherwise they fear that they are confined in a prison type room again or forever.  Even if Mr. Usami received a letter from Ms K, he needed to confirm her decision directly from her.


During the period of “stalking activities” mentioned in the newspaper, he was desperate to look for Ms K to confirm her decision.  Imagine you have a engaged partner, and the partner disappeared all of sudden from you, and you received a piece of paper telling you your partner cancelled the engagement.  Don’t you want to hear directly from the partner?  Even if it was just for 1 minute, Mr. Usami heard from Ms K face to face.  This ended Mr. Usami’s confirmation process and he did not have to look for her anymore.  Mr. Usami’s action is the action in the confirmation process, not stalking behaviours which are normally driven by feelings of hate/loneliness as a result of love.   If he chased Ms K after the confrimation process, it could be regarded as stalking behaviour.


To fit a GPS unit on someone's car is criminal?
 
There’s no law in Japan to directly regulate fitting the GPS unit on someone’s car.  Mr. Yonemoto’s lawyer replied to him, “There’s no law to regulate.  It is not illegal to fit GPS unit on someone’s car.”  In fact Mr. Usami said that the police are not interested in the GPS.            

This is an unjust arrest. 

Mr. Usami said that he wishes the prosecutors formally indict him so he can fight the charges at the court.  If so, more details of the deprogrammers’ activities will be revealed, which could help deprogramming practice in Japan cease quicker.


I strongly support Mr. Usami.  He’s still kept in custody in Ogikubo Police. The detention may continue until Mar 2 which is the legal limit of the detention period.  I would like to support his lone fight against lies.  He also needs your support.


If you wish to write to him directly, send to the Police Office.  I suggest you should send by post card.  Letter takes longer before reaching him as the police sensors it.  Also I suggest you should use plain Enlgish, so Mr. Usami (and also the police) can understand easily.  Your letter/card may arrive after Mr. Usami is released. No guarantee if police will forward the letters to his residential address if reaching after the release.
 
Mr. Takashi Usami
c/o Ogikubo Police
Momoi 3-1-3, Suginami-ku
Tokyo 167-0034
Japan

Added on Mar. 13, 2011

Mr. Usami was transferred to Tokyo Detention Centre.  You can send letters to the following address.

Mr. Takashi Usami

c/o Tokyo Detention Centre

1-35-1 Kosuga, Katsushika-Ku

Tokyo  124-8565

Japan

Again, thanks to Mr. Kazuhiro Yonemoto who visited Mr. Usami in Ogikubo Police Office and wrote 2 articles in his blog. This article is based on Mr. Yonemoto's reports.


xxx