Chapter 27 Prosecutor's reasoning

About a year after Sachiko Edamura was killed, Tokyo District Court convicted Okano of murder Is serving a life sentence. Article 199 of the "Criminal Law" stipulates that murderers may be sentenced to death, life imprisonment or fixed-term imprisonment of more than three years.Prosecutors called for the death penalty, but the sentence was reduced by one degree. The "evidence" is the blood on the left cuff and the stain on the right cuff of the sports shirt that Okano wore when he returned from a trip at 9:00 pm on the 29th.The bloodstain was consistent with the O blood type of the victim, Sachiko Edamura; the stain was vomit, and the victim had vomit when he was killed. According to experience, the two were consistent.

And fingerprints.There are many fingerprints of Masaichi Okano near Sachiko Edamura's room, on the doorknob, the armrest of the chair, the edge of the table, the wall by the door, and the coffee bowl in the cabinet.There are new fingerprints and old ones.Okano usually goes to Zhicun's room, so his fingerprints are old and new, but it is difficult to determine whether the new fingerprints were left during the crime. Okano said that when he entered Sachiko's room around 8:00 pm on the 29th, Sachiko was already dead.If this is the case, the crime was committed before then, so the fingerprints left by Okano around 8 o'clock cannot be said to be fingerprints at the time of the crime, but fingerprints after the time of the crime.This is the defense of the defendant Okano.However, the judgment accepted the prosecutor's charges and dismissed the defense's and the defense's arguments.

The silk scarf tied around Sachiko Edamura's neck has Sachiko's faint fingerprints, but no Okano's fingerprints. This scarf belongs to Sachiko. It was originally hung in the closet and used as a strangulation weapon when committing the crime. "There is no defendant's fingerprint on the gauze scarf because the defendant has never used that gauze scarf, so it is not the defendant's doing." The defender defended. "The silk gauze was wrinkled during the strangulation, and the murderer mixed it vigorously. It is difficult to attach fingerprints on the soft silk fabric, and it is also difficult to detect fingerprints when twisted in this way." The prosecutor retorted, "The clothes worn by the victim The defendant's fingerprints were found on the back and wrists near the shoulders, because the clothes on his body are made of chemical fiber fabric, which is thick and hard. Isn't this evidence/

In this regard, the defendant and defenders stated: "Seeing Sachiko lying on the floor, the defendant did not know that she was dead, so he hugged her. Because the hand touched her back, fingerprints were left on the shoulders, back and wrists of the victim's clothes, the victim's nosebleeds and vomiting The stuff was also glued to the cuffs of the sweatshirt at that time." The judgment did not accept the defense's representations. Below is the testimony. In one of the testimonies, witnesses said that the defendant hurried down the stairs from the fourth floor of the apartment building at about 8:15 that night.

The time is the same as shortly after the incident occurred in Sachiko's room on the fourth floor.There is clearly an elevator, why take the stairs?It may be that he was afraid of the crowds in the elevator, so in order to avoid people's eyes, he chose the stairs with few people. Moreover, the defendant turned his face away when he met the witness on the stairs, which also makes people believe this fact. The second testimony is about the defendant calling Michio Sayama, Sachiko Edamura's fiancé, using a public telephone after committing the crime. The defendant said that because the woman who answered the phone seemed intimate with Sayama, she hung up the phone without saying a word.However, according to the testimonies of Michio Sayama and Fujiko Fukuji, Fujiko Fukuji did not say anything she had personally seen when she answered the phone.

Why did the defendant not report the discovery of the dead body to the police on the public telephone, but instead inform the envoy Sandov on the phone?That's because the defendant is the real murderer.That is to say, the defendant killed Sachiko Emura impulsively. As an afterthought, he felt sorry for the victim's fiancé, so he wanted to hide the fact that he was the murderer, and only told him the news of Sachiko's death.Such precedents are not uncommon in the crime of impulsive homicide.However, the defendant soon realized that reporting the news was dangerous and hung up the phone before Sayama answered.

The third testimony is that the defendant's panic is manifested in behavior. The defendant said the call to Michio Sayama came from a phone booth near the apartment.According to X, the wife of the owner of the cigarette shop, Hisako Otani, went by herself. At around 8:30 that night, a taxi from the west stopped at the door of the shop. A man who was the same as the defendant on the first floor got out of the car and used the public phone in the shop. , After saying a word or two, he hung up the phone, returned to the taxi, and drove east.Because of the strange deeds, I was deeply impressed. When I saw the report of the murder case, I came to report it.Sachiko Edamura's apartment is to the west of the store, the defendant's residence is to the east, and the road in front of the store is a direct line connecting the two places.

Unfortunately, the driver of the taxi was not found, but according to the facial features, glasses, figure and height, beige background and brown checkered sweatshirt described by the proprietress, there is no doubt that the person who used the tobacco shop's public phone is the defendant. Regarding this point, when the defendant was interrogated, he repeatedly stated his arguments at first, but gradually he became more thoughtful, and then said that it was probably true, and suddenly said that he might have made a mistake in his memory.Although these details have nothing to do with the denial of committing the crime, these phenomena fully illustrate the inner panic and confusion of the defendant after committing the crime.

— Prosecutors allege. The defendant did not tell the police the fact that the body was found when he returned home, and he still did not report it the next morning, and kept concealing it until he was arrested that afternoon.If, as the defendant claimed, he had nothing to do with the crime, the attitude of the defendant is inexplicable and impossible on the basis of common sense. Regarding the reasons for being secretive and disliked, the defendant stated that because he was responsible for the design work of Airline A’s promotional materials, the deadline was imminent. If he reported the facts to the police, it would delay a lot of time and the work could not be completed on schedule. No report.However, finding and killing a dead body is not a trivial matter. The discoverer should first tell others about it, and it is only human nature to have to say it.The defendant did not tell his wife and son, which does not make sense in terms of common sense.

The defendant was the real murderer, so he neither called the police nor told his wife.It is obvious that the defendant's defense is a lie to deceive children. The reasons and motives for the defendant's killing of Tsukimura Motoko can be seen at a glance from the defendant's self-confession and the testimony to Sandov. In his confession, the defendant admitted that he had a greedy heart for Sachiko nuclear material, but said that it was just a kind of desire buried in his heart, and he had never confessed his love to her, and he had never even touched her hand on the ground. It was Sachiko who asked him to go.However, against the testimony of the genial Fujiko who lives in Sandorf, his defense is unbelievable.

If, as the defendant said, he only had a good impression or a vague love for Sachiko, then the defendant should have told his wife Kazuko about Sachiko at the beginning of their relationship.And Kazuko testified that he had never heard of Sachiko from the defendant.Not only that, but the defendant often went out, but in front of his wife, he concealed that he was chatting with several female pattern designers who did not exist.The defendant himself confessed that he went to Sachiko when he went out. All in all, the defendant became anxious because Takako Tsukimura did not obey her will, and her marriage to Sandofu was getting closer. Xu, who became angry for a while during the interview, suddenly became murderous, and even committed murder. The crime was not premeditated, but acted on the spur of the moment, and sufficient conclusions can be drawn from the abnormal behavior exhibited by the defendant in the past. Furthermore, this is proved by the defendant's confession at the police station.On the second day of his arrest, the defendant began to confess the fact of killing Sachiko Edamura. According to the defendant's confession, the defendant was anxious about the approaching wedding date of Takako Kimura and Michio Muyama, and visited Sachiko's room at 8:00 p.m. in order to urge Sachiko to break off the engagement.Sachiko had probably been taking a nap since evening, lying on the sofa with the lights off in the room.With the light coming in from the window, the room could be vaguely seen.The defendant knew that even if they called her to persuade her, he would not be able to agree to the termination of the engagement, and suddenly a murderous desire arose in his heart.He was prepared to commit suicide himself afterwards.Opening the closet, there was a gauze hanging inside, so he strangled Sachiko's neck with the gauze. Sachiko opened her eyes and wanted to cry out, but the defendant tightened the scarf tightly.Sachiko struggled to stand up, but fell to the floor.At that time, Sachiko was in a prone position, and the defendant rode on her back, and tied the gauze around her neck tightly at the back of her neck.This process takes about 5 minutes. The defendant held up Sachiko's face to confirm that she was dead. At that moment, the sweatshirt was stained with Sachiko's nosebleeds and vomit. Due to the dimness of the room and the excitement, it was not found at that time.The defendant wanted to leave the room, but he was afraid that turning off the lights would arouse the suspicion of other residents, so he turned on the switch on the wall, turned on the light, and left the room. This confession is fully consistent with the testimonies given by Emiko Ono and others who live in the apartment.The testimony of Emiko Ono stated that the lights in Sachiko Edamura's house were turned off around 7:10 p.m.The testimony of other people said that they visited Zhicun's room around 11 o'clock, and the light in the room was on, and it was not turned off until the next morning. — Prosecutor's statement. However, when the prosecutor entered the investigation stage, the defendant suddenly retracted his confession.The defendant claimed to have been tortured at the police station, which the police department denied. When asked how the defendant was tortured, the defendant said that although he had not been tortured severely, the police interrogating him spoke violently and threatened to fight, so he was terrified.He also said that the interrogating policemen kept persuading him, just surrender yourself, and insisting on resisting at the police station will only delay the trial and create bad evidence for the prosecutor. Fuck, if the court investigation has no conclusive evidence, you will still be found not guilty, so you can go home as soon as possible, get back to work, and be free.The defendant was moved after hearing these words, so he made a false confession. The defendant said that for the first time in his life, he was locked up in the detention center of the police station, and the round-the-clock interrogation made him physically and mentally exhausted.The interrogation at night started at 5:00 p.m. and lasted until 2:00 a.m. the next day, so I was in a trance, as if I felt that my body was going to collapse completely, and I even worried that I would go crazy. The defendant said that he wanted to go home as soon as possible and wanted to work. Not only did he love work, but he also missed his wife. The defendant thought, anyway, he did not commit a crime, and if there is a trial, he will definitely be acquitted.He believed in defense and the justice of judges, so he surrendered himself against his will at the police station.He also said that where the self-confession did not match the situation at the scene, the interrogating policemen gave appropriate inducements.Of course, these police stations are completely negative.The defendant has maintained a persistent denial of guilt since the investigation by this officer (prosecutor).However, after comprehensively combining all kinds of direct evidence and making an objective and scientific judgment, it was determined that the confession freely made by the defendant at the police station was a true confession. There is no doubt that this murder was committed by the defendant Masaichi Okano.Knowing that she is a friend's wife, and knowing that the wedding is coming soon, killing a kind woman who disobeyed her will in order to vent her anger is a spur of the moment, and there is no room for forgiveness. — So much for the prosecutor's argument.The first-instance verdict accepted the prosecutor's allegations almost in full. The first-instance prosecutor is Kokubo Shigeichi. When prosecutor Kokubo accepted the trial, he went from the first floor of the Public Prosecutor's Office Building (District Prosecutor's Office) to the Higher Public Prosecutor's Office, and discussed with the prosecutor of the Tokyo Higher Public Prosecutor's Office, Fusao Maruoka.That's not giving instructions.After discussing with the Chief Prosecutor of the District Prosecutor's Office, the Chief Prosecutor of the District Prosecutor's Office decided to "refer to" the opinion of the High Prosecutor's Office in this case, so he instructed Prosecutor Okubo to discuss with Prosecutor Maruoka. Kokubo prosecutors believe that the case is complicated.The defendant once surrendered himself at the police station, but then suddenly withdrew his confession.Such a trial cannot be determined in the first instance, and the defendant may appeal. Judging from past cases, the possibility is very high. If the defendant appeals, the second-instance prosecutor cannot contradict the attitude of the first-instance prosecutor.If the first-instance prosecutor insists on guilt, it is inappropriate for the second-instance prosecutor to raise objections.in evidence.In terms of fact determination and value judgment, the two cannot contradict each other.Prosecutors prosecute crimes as representatives of the public interest, so the attitudes of prosecuting crimes cannot be divergent, and their opinions must be unified from lower-level trials to higher-level trials.Procuratorate as one, the principle of procuratorate as one is related to the authority of the state. — After Okano Shoichi's first trial began, prosecutor Shigeichi Kokubo of the District Prosecutor's Office had frequent contact with prosecutor Fusao Maruoka of the Higher Prosecutor's Office.Prosecutor Maruoka's desk is opposite Prosecutor Qin Shanxin'er. Kuwayama is older than Maruoka, but as long as there is nothing special to discuss about the accepted case, the two will not interfere with each other.They each receive instructions from the Attorney General and the Deputy Attorney General, and colleagues do not interfere with each other. Kuwayama and Maruoka were not close.Maruoka, who was transferred from the Sendai High Prosecutor's Office two years ago, has thinning hair, almost no eyebrows, high cheekbones, wrinkled smiles, and big eyes.He is a theorist. They didn't discuss it, but Kuangshan was very concerned about the Okano Masaichi murder case from the very beginning, and carefully read the available trial records.