Daily Archives: 28 October, 2009

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

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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.

On this day..