2008: Michitoshi Kuma, “It can’t be undone now”

Add comment October 28th, 2009 Headsman

On this date in 2008, during a record-setting year for executions, Japan hanged Michitoshi Kuma, 70, and Masahiro Takashio, 55.

Michitoshi Kuma attracts our notice in particular not simply because he insisted throughout his trial and appeal that he was innocent of abducting and murdering two seven-year-olds in 1992 … but because the circumstantial evidence that convicted him was buttressed by a DNA testing regime that has fallen into disrepute.

One crucial piece of evidence against Kuma was the DNA samples taken from blood near the victims’ bodies. The samples were tested with DNA typing of the MCT118 locus.

The same method of testing was used in the case of the murder of a young girl in Ashikaga, Tochigi Prefecture, in 1990, known as the Ashikaga case. The test result was seen as crucial evidence in supporting the life sentence handed down to the accused, Toshikazu Sugaya.

However, the result was overturned when the DNA was tested again as part of the immediate appeal filed by Sugaya’s defense counsel after his request for a retrial was dismissed.

Sugaya, 62, was freed from prison on June 4, 17 years after police had arrested him.

“At first glance, DNA tests look scientific. That’s why it’s dangerous to have complete faith in them,” Iwata said.

“The tests were carried out in a particularly sloppy way in the early 1990s, when the Iizuka and Ashikaga cases occurred,” he said, adding that the Iizuka case likely was another example of a wrongful conviction.

“It can’t be undone now,” one of the defense lawyers lamented upon hearing of the hanging — conducted, as per usual in Japan, in secret and without prior notice to either the inmate or his attorneys.

The Ashikaga case, in which another prisoner convicted about the same time as Kuma and with the same DNA technology was exonerated and released a few months after Kuma’s hanging, embarrassingly reversed what had once been a signal judicial triumph for early DNA testing.

“The media treated the science as if it were invincible, like Atom Boy,” [one of Toshikazu Sugaya's attorneys] said sarcastically. “They just kept admiring the DNA judgment without reservations.”

The objections Sugaya’s exoneration prompted about Kuma’s conviction, of course, arrived a bit too late.

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2008: Tseng Fu-wen, drug dealer

Add comment June 24th, 2009 Headsman

June 26 is U.N. Anti-Drug Day, and if this year follows the recent trend, China will be marking the run-up with the salutary execution of consumers and/or vendors of chemical compounds disapproved by the state. (Update: Yes indeed it did.)

On June 24, 2008, for instance, Tseng Fu-wen, “a Taiwanese citizen who was convicted of producing or selling methamphetamine, heroin and other drugs,” was put to death in the eastern province of Fujian.

Two accomplices drew a prison sentence and a suspended death sentence (typically commuted to a prison sentence after two years).

Prosecutors said the Taiwanese trio started making drugs in October 2006.

Police arrested them one month later in Xiamen after they bought 50 kilograms of ephedrine to make methamphetamine, commonly known as “ice.”

The police also recovered 63.8 kilograms of ice, plus “varying quantities of other drugs such as heroin, and equipment and raw material in a workshop,” the agency said.

The method of execution does not appear to have been reported by the state media; China uses both lethal injection and gunshot, but I have not been able to document which method prevails in Fujian.

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You read it here first: Cameron Todd Willingham execution profiled in February 2008 now receiving widespread (and official) scrutiny as likely wrongful execution. Is Willingham alone? Hardly: remember the name Ruben Cantu.

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