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Groper!
What?! I wouldn't touch an ugly bitch like you for a million yen!
Liar! You just touched me with these hands!
Let go, hey! I'm going to file a complaint!
Don't act dumb!
The woman says you touched her!
I didn't do what I didn't do!
Don't mess with me, you pervert. I can tell from your face.
Why? I didn't do anything.
We'll discuss this in the station.
I have an interview now.
It won't take long.
What are you going to do if the same fibers as that woman's panties are found?
Listen, you're sadly mistaken if you think groping leaves no evidence.
- Left hand. - Yes.
I'm sorry!
My life will be over if my company or my wife finds out.
I'm sorry!
- I see, you're going to admit it? - I'm sorry!
Yeah.
Excuse me,
A moment please, Yamada.
Again? I just had a night shift!
I'm sorry!
Right, what did you do?
A little...
You again?!
I'm sorry.
It's all right now, you don't have to be scared.
You did well.
What's so fun about doing things like this?!
You always do it?
Huh?
The girl said you did it.
Hey, don't deny it.
Take everything out of your bag.
Hurry up!
You're going to work with this? Give me a break!
Take everything out of your pockets. From your pants too.
I heard the victim grabbed your wrist.
Uh... not my wrist, my sleeve.
That's right, just tell me the truth.
"I grabbed a female junior high school student's buttocks
in a crowded train to work, and she caught my sleeve."
What are you talking about?
"It was just a sudden whim,
but I'm deeply sorry for what I have done."
"I will tell you what really happened now."
Wait a minute!
I didn't say things like that.
- I'm leaving... - Hold it!
You were arrested.
Arrested by the Individual in an Act of Crime. You understand?
"Individual" doesn't mean a police officer. It refers to an ordinary citizen.
You were caught red-handed by the victim!
Soredemo Boku wa Yattenai " Even so, I didn't do it "
"I lifted up a junior high female student's skirt on the way to work,
and touched her buttocks over her panties..."
"such a thing absolutely did not happen."
Here, sign it.
I'm going to tell you one more time. You can get out right away if you admit it.
It's the same as breaking a traffic law.
You're released once you pay a fine after a Summary Judgement.
Fingerprint, left hand, index finger.
( Kaneko Teppei )
Take off your pants.
This is a good luck charm?
Yes.
Underwear too?
You can keep it on.
What's this?
An iPod...
Hello...
Your first time?
What did you do?
Uh, nothing... it's some kind of mistake.
Really?
What should I...?
- About what? What should I...?
Oh, where should I sit?
Anywhere.
Most people who were here went to the public prosecutor's office.
Do you know what public prosecutor's office is? It's where they investigate and file charges.
Police detectives only do the catching,
you don't know what dumb cops would do if you let them do as they please.
Smart public prosecutors who passed the bar exam will examine you with composure.
Or so they claim.
So, what about a lawyer?
Huh? Oh, the person who defends a client.
I'm not quizzing you. You didn't do anything, right?
Yes.
Then you have to get a lawyer. Didn't the detective tell you?
About what?
There's something called a "public defender system", first time is free.
Person in charge!
Oh...
He wants you to call a lawyer.
Do you know someone?
Huh? Uh, no...
Public defender.
It's too late, he'll probably come tomorrow.
Well, I'll contact him for you. I don't think he'll make it today though.
Tsk, he's teasing you. It's barely past noon.
He'll come right away. Don't worry.
Did you contact your family yet?
Uh, no...
You can ask me anything you want.
I know a lot about false charges too.
False charge?
That's what happened to you, right? You're innocent, right?
There are such cases once every while.
He's released. You know what he did?
Businessmen who come in the morning and leave by the afternoon.
It's this.
Hey!
Groping, it's groping!
Let's eat.
Let's eat!
( Card: Hamada Akira )
She called me a groper in the station, and I was taken here.
You denied it during interrogation too?
What?
You said you didn't do it? That you're not a groper?
Yes.
Are they planning to charge you for Infringement of Public Safety?
What?
There are different charges for groping.
Simply put, if you touched her over her panties, it's Infringement of Public Safety.
If your hand goes into the panties, it's Excessive Obscenity.
Oh,
the police detective accused me of touching her over her panties.
Tell me what happened after you got on the train.
Yes, sure.
Let's see, I got on the express from Sumiregaoka, and...
- What line is that? Let's see, I got on the express from Sumiregaoka, and...
Oh, it's Jouhoku Express Line.
And I was planning to get to Kishikawa,
but I got off at Musashidai...
Um, why did you get off in the middle?
I was worried about forgetting my resume. I had an important job interview.
So I got off because it was too crowded on the train to look for it.
Are you a student?
No, I'm unemployed. 26 years old though.
Did you find your resume?
It wasn't there, but I'd be late if I went to get it.
So I gave up, and that's when the departure bell rang...
I hopped onto the express in a hurry...
Doors are closing!
More like being pushed in by the station staff. Because it was way over capacity.
The doors closed at last, and I secured some free space.
But it felt like I was being pulled back,
and when I thought something was wrong,
I realized that the end of my jacket was caught between the doors.
I panicked a bit and pulled it with my right hand,
and tried to twist my body, but it didn't budge.
Then my arm or something hit someone,
the woman to my right tilted her head and stared at me.
I met her gaze, so...
Sorry.
I whispered "sorry" to her...
After that, I tried pulling it and
moving my body without bothering others.
The man to my left kept pushing me for some reason,
and I was worried he might push me too hard and rip my jacket,
but it finally came free when I was about to reach Kishikawa.
Please stop.
Then someone said "please stop"...
and I heard someone crying when I turned around.
Turned around?
Oh, I was looking at where it was caught while pulling,
so I turned around.
And when the train arrived at Kishikawa and I got off, she suddenly grabbed my sleeve...
You were groping, weren't you?
The girl said I was groper...
Groping?
Then some weird guy showed up
and told me to discuss it in the office if I didn't do anything wrong,
and it was causing a scene.
What's wrong?
The station staff came, and said he'll hear us out,
so I followed him to the office, and when I went inside...
the woman came,
and said "he's not a groper",
"he was just trying to free himself from the door"...
It was the person I apologized to earlier on the train.
That woman actually said it wasn't you?
Yes.
Did she talk to the police too?
No, she went somewhere...
The station staff closed the door without even listening to her, so I got agitated.
She just said it wasn't me.
I told him she was an important witness, so let her in.
Sir, why did you let her go?
I got outside and called her,
but she was already gone.
So, that station staff didn't record her account or get her contact information?
He didn't.
He said he'll hear me out, but he didn't listen at all.
The police detective too.
The detective asked "who was it, if it wasn't me",
so I said some fat guy standing beside me
was suspicious because he kept pushing me.
Then he goes "no one told me there was such a guy", "don't lie",
"you'll lose for sure if it leads to trial",
"I'll let you leave if you just admit it and pay the fine", that's all he kept telling me!
But I really didn't do it!
The trial is really tough.
Tell you the truth, even for a light offense like this,
you'll be detained if you plead not guilty.
If it gets to a trial, you may be locked up in here
for up to 3 months until the plaintiff's testimony.
I know people who were detained for 6 months.
It was a case where he only had to pay a 50000 yen ($500) fine if he admitted it.
In addition, there's no guarantee of winning in the trial.
Conviction rate is 99.9%. Acquittal is given only once every 1000 cases.
Fighting over a groping case in the court, when you can just settle it with a plea bargain...
to be honest, nothing good can come from it.
Of course, as a lawyer,
I can't recommend you to admit a crime you didn't commit.
But this is the present state of the Japanese criminal justice system.
Plead guilty and settle it privately,
then no one will know, and you'll get out of this place tomorrow or the day after.
Listen,
you'll be interrogated here for at least 3 weeks if you keep denying it.
If they decide to file charges against you, it's a trial.
It will take at least a year to defend your innocence.
In addition, there's no guarantee they'll decide you're innocent even if you really are.
It's the end of this whole thing if you just admit it now and offer a plea bargain.
We'll need the money right away for plea bargain.
Is there someone close to you who can prepare the money?
I didn't do it.
You're right.
I apologize.
But the trial is really tough.
Probably more than you can imagine.
Just think it over tonight and call this number on the card.
Wake up!
Good morning sir!
Good morning.
To the "sheets room".
OK.
Hurry, hurry!
This way.
There, there.
Below, below.
Hurry.
Come on, hurry!
Cleaning the toilet.
Deal with the cord.
Yes.
Turning vacuum on!
Hurry up.
Get moving!
All right, next.
Next.
Number 9, you're late! I'm talking to you, Kaneko!
Move it! Come on!
Hurry up!
This bus will stop by 3 more police stations,
and pick up a few more detainees like yourself before heading towards the public prosecutor's office.
Conversation of any kind is not tolerated, of course in the bus,
but also in the office, while moving, and in the waiting room.
Other than during the interview, you are not allowed to talk until we get back to the police station.
What, you have a problem with...
Hey! No talking over there!
You leg is in the way, stinking old man!
What did you say?!
You fools! Are you deaf?
Break it up!
1, 2, 3, 4, 5,
6, 7...
You'll get a friction burn if you don't raise your hand!
Ow!
Wait here until it's your turn for interview!
Even when your interview is over, no one is leaving until you're all done!
It will take almost all day.
Conversations of any kind are forbidden while waiting!
Legal measures will be taken against fighting and other violation of rules!
No matter where it hurts,
we can only give you antidiarrheal medicines!
Who asked for toilet paper?
It stinks!
Kishikawa case, number 9.
OK, let's go.
Face this way.
Sit down.
You have the right to remain silent.
You don't have to talk if you don't want to.
Tell me what happened on that morning.
Who is it?
Here, over here.
I'm Kaneko's mother, he lives in this room.
Oh, I see. I don't think he came back last night.
What happened?
How am I supposed to know? I'm the superintendent here.
Thank you for looking after my son all the time.
Would you like to wait in his room? I'll get the key.
Thank you so much.
It was really crowded, so my jacket was caught between the doors,
I was only pulling on my jacket. The witness...
Idiot! I didn't ask you about that!
- No... - Shut up!
Your interview today is over.
Stand up.
Wait a minute.
Don't think you can just walk away by denying it.
I can see right through your deceptive nature.
I'll convict you no matter what.
Tomorrow is the "detainee inquisition". You know, detainees.
People who live in the cell.
Anyway, you'll go to the court, talk to a judge,
and they'll decide whether or not to keep you here.
Well, you won't get out for sure if you plead not guilty.
I absolutely did not commit groping.
So, you will be denying it?
Yes, I didn't do it.
You're detained for 10 days.
Uh, um...
Can you contact someone for me?
Yes, I can.
Then, please.
Yes.
Yes?
Huh? I can't hear you.
Detained?
What's that?
What the... you're here!
There was a weird phone call.
Who are you?
Uh...
Teppei's...
I'm Tatsuo.
I wonder if it's phone fraud...
Yes.
We can't see him on Monday because there's an interview in the public prosecutor's office?
Yes.
Tuesday then?
So, we can send him supplies on Monday?
What did he do?
Did Furukawa catch the wrist of your right hand,
the hand you used to touch her right buttock?
No, she did not.
Did you pull your right hand away when she caught your wrist?
As I told you, I didn't touch her and she didn't catch my wrist.
Why don't you tell the truth already?
I've been telling the truth from the start.
The victim says she caught your right wrist and saw your face.
I won't let bad things happen to you if you just admit the truth and repent for your actions.
Repent for my actions? I didn't do anything!
Do you possess something indecent in your home?
What's "something indecent"?
Things like adult videos.
I'm a groper if I do?
Then, you have them?
Thank you for taking the day off from work to come.
It's alright, I'm not working anyway.
You are "knit"?
Huh?
Mrs. Kaneko!
Yes!
Oh, NEET. ( Not engaging in Employment, Education, or Training )
Why are you giving him towels? He'll hang himself!
Nothing long. Belts are out of question.
Man, you don't know how things work in there!
Whoa, a razor too?
Are you trying to kill him?
No...
I didn't know what I was supposed to send him,
so I just packed everything he would need for a vacation.
He can buy soaps and toothbrushes inside.
Also, this is no good. No food allowed.
I can't have you...
doing things like this. ( Hang on!! I believe in you!! From Tatsuo )
Are you Tatsuo? Stop playing stupid tricks!
Sorry...
What's the matter? It's nothing!
There are plenty of one-time offenders around!
No one will know about it. He's still young.
My son hasn't done anything wrong.
Unconditional love is great.
Well you know, I've always thought he was strange!
How so?
Oh, just somewhat...
Just somewhat... what?
Well... he never went to work...
You never contact me and only make me worry!
I went to see how the interview went,
why have I ended up interviewing you?!
What did you do?!
I didn't do anything.
Really?
How can you not trust your own son?
That's exactly why I can't believe you!
Don't say things like that here...
Are you serious? On the day of the interview? Wait, is it my fault?
No, I didn't say that!
You were kind enough to introduce a company to a bum like him.
I'm sorry, I didn't mean anything by that.
Do you know any good lawyers?
Would you like to ask our corporate lawyer?
Yes please.
My son, of all people, would never do something like that.
All lawyers have such things as an area of specialty.
We specialize in civil cases, and rarely defend criminal cases.
Simply put, civil cases are disputes between two individuals.
For example, divorces, compensation for damages, and inheritance disputes.
Criminal cases are ones where the government charges against those who commit crime, correct?
So the police get involved.
The lawyer defends the accused in criminal courts.
It seems like all lawyers defend murderers on TV,
but in reality,
many lawyers have never even defended a criminal case, much less a murder case.
Does that mean...
I can't ask you to defend my son?
Unfortunately... yes.
Can you introduce someone to me?
I'm completely lost.
Sir.
I apologize. I'm out of time.
(Tsugumi Law Firm)
I wonder if these guys are dependable.
He used to be a judge,
and he defends murder cases too, right?
But it's groping.
Yes, yes.
I feel more at ease at a place like this.
Yes, I've heard. I will send someone to you.
Right, yes, yes.
So, how is it on your side?
Yes,
right...
I read an article about you in the paper just the other day.
"Sleeping bag in the super posh office, burning the midnight oil every day."
No, no, no,
it's amazing.
Yes.
What? Same as usual over here.
Took over my father's firm, and doing few things of my own.
Poor and busy!
I wonder how long I can continue living like this!
Remember what the law professor told us?
"Defend criminal cases if you want to become a lawyer."
"Civil cases are for legal advisors, not lawyers."
For some reason, I often recall that quote lately.
Maybe it's time for me to turn back into a lawyer!
Get in.
I'm Sudou, a lawyer.
I will be defending you upon request from your mother.
Our head lawyer is someone named "Arakawa",
but I've been sent to ask you a few questions today.
I'm sure you've already repeated yourself many times during interviews,
but could you give me your account of events?
Um... before that...
why do I have to stay in a place like this?
They won't listen to me,
they keep saying they'll let me out as soon as I admit it.
Why do I have to admit something I didn't even do?
You really didn't do it?
You're the same as the police detective.
I will accurately record your account.
Please tell me exactly what happened on that day.
How did it go?
I'll be blunt... I hate groping.
Of course.
Only the criminals like it.
And? Did this young man commit the act of groping?
I don't know. He denies it.
But I can't do it.
Can't do what?
Defend him.
I've only done a few guilty pleas as an attorney. I have no experience in denial pleas.
And I think my job is to assist the victims of crime.
Denial cases are rare. You might as well try it.
But defending a groper...
He said he didn't do it, right?
Yes, but...
he can deny it as much as he wants because there is no evidence.
You may not know this because you're a man,
but victims of groping usually know who's suspicious.
How can a lawyer say things like that?
We'll never win a case if a person is the criminal just because he's suspicious.
"Innocent until proven guilty" is the fundamental right in criminal law.
How much courage do you think it takes for women to catch gropers?
They must be scared and embarassed,
and they'll have to testify in the court if it leads to a trial!
If many groping cases are acquitted, it will just like before.
Judges are finally starting to listen to the victims.
Listen carefully, false charges of groping clearly represent
the current problems in the Japanese criminal justice system.
We don't know if it's a false charge yet.
You can quit the moment you're certain our client is guilty.
So handle this case.
No one said your jacket was caught by the doors!
Stop making up lies!
You were after that junior high student from the start, weren't you?
No, it just so happened to be her when I got on!
See, you knew it was a girl!
I didn't...
I've been telling you,
I found out when she accused me after getting off the train.
That's ridiculous! She was right in front of you, there's no way you didn't know.
You saw her on the platform,
and you pushed your body against her after getting on the train!
I told you, the station staff pushed me in!
All you had to do was move over a little!
How could I?
Relax, Yamada.
Right,
maybe there was no space.
Detective Yamada isn't yelling because he hates you.
You know what they say, "hate the crime, not the person."
Everyone makes mistakes.
I didn't make any mistakes!
Now, now, why don't we calm down and think carefully?
What do you think, maybe your right hand accidentally bumped into her buttocks?
You know, the train's shaking, and it's full.
Accidentally bumping into her isn't groping. What do you think?
I accidentally bumped into the woman to my right,
and that's only because I was pulling on my jacket. I didn't bump into the person in front of me.
Right, it pains us to see
a virtuous young man's future ruined too!
Nowadays groping charges can lead to imprisonment too.
If you accidentally touched her,
we can use that to convince the assistant prosecutor!
It can't be accidental because my right hand was pulling on my jacket!
Then... what about your left hand?
I told you, I was holding a bag!
Can't you try to remember?
Don't hesitate.
"After that,
I went behind the female junior high student
on her way to the train,
got pushed by the station staff,
and got on the train
with my body pressed against her back."
Absolutely do not sign it if your account wasn't recorded word by word.
What? I already did...
It can't be helped if you already did.
Get them to make corrections during the next interrogation.
Do not sign so carelessly from now on.
It will turn into disadvantageous evidence against us at the trial.
The interrogation report is the interrogator's essay.
Even if you're simply answering their questions, their interrogation reports
are in first-person narrative like "I will now tell you what really happened," right?
That's not all.
They change the details and write the report in a way they can use against you.
For example:
when they ask, "your hand can accidentally touch her buttocks, right?"
If you answered "I guess",
they'll record it like a confession,
"I accidentally touched her buttocks."
Please insist on correcting it.
And also make sure to record the daily interrogations yourself.
Also make a note of anything you can remember
about what happened on that day.
For example, drawing a diagram of everyone's position on the train that day.
What do you think? Can you hang on a little longer?
Uh,
they asked me if I accidentally bumped into her,
but I denied it.
When you deny it, they'll keep you detained and try to force you to confess.
They call it the "Hostage Technique".
Don't give in to such a dirty method of interrogation.
Just hang on a while longer, and they might not even indict you.
Even if it leads to trial, as long as you can get acquitted,
you can get more than 10,000 yen ($100) per day as compensation.
Just think of it as a part-time job.
Is it true the conviction rate is 99.9%?
That number includes those who plead guilty.
The acquittal rate for denial cases are higher.
How much?
Around 3%, 3 cases out of 100 are acquittal verdicts.
Did a young clerical woman come to talk?
I already told everything to the police.
What did you tell them?
I have been told
to keep details of this case confidential by the police.
I'm sorry, I'm on duty.
He's a really earnest young man.
His mother is visiting the city too,
I don't see problems in releasing him while continuing with the investigations.
The victim's and the accused's accounts are completely contrary.
We must carefully examine this case.
Then, as the accused repeatedly insists,
I want you to thoroughly investigate about the witness too.
It's a task the investigative authority should properly conduct.
Do you intend to indict him purely based on the victim's accounts?
Do you think that groper will be indicted?
It's not something we'll decide. It's for the assistant prosecutor to decide.
But did he really do it?
You'll never convict him if you have doubts.
It's been 10 days since my last session with the assistant prosecutor.
What did he ask you?
Same as before, about how crowded it was and standing positions on the train.
Maybe he's confirming the facts for the final decision.
There's no way he can indict you
merely based on the victim's accounts, without evidence or a confession.
Can I ask you one thing?
Yes?
Why did you need to pull your jacket so desperately?
The door would've opened by itself in Kishikawa station.
Uh...
This is the last day of our investigation.
You definitely didn't commit groping, correct?
Yes.
That means the victim is lying, right?
Uh...
I don't know about that.
You were pulling on your jacket that was caught by the doors, correct?
Yes.
Why did you pull it when the doors will open by itself in Kishikawa station?
Indicted.
You're indicted. Indicted.
A 15 year old junior high student mustered up the courage to catch you.
She's been scared of getting on the train ever since you touched her.
Your lawyer was totally behind you.
"Are you going to indict him without evidence," he said.
But you know, the victim's accounts and yours are in contrast.
I have no choice but to let the court decide it.
The trial will take a long time! I'll listen to you any time you want to admit it.
Don't assume you'll be deemed innocent in trial. Well, you should seriously think it over.
This would never have happened if I'd listened to the public defender.
I don't know what to think!
I really didn't do anything!
Kaneko! That's enough.
I've been locked in here for 3 weeks, and I might be convicted in the trial? This is wrong!
It's over.
Give me a break!
People who really groped just have to admit it and go home as if nothing happened!
Let me go, get your hands off me!
I didn't do anything!
( I'm not a groper!!!!! )
I have been mistaken for a groper on the train,
have been detained by the police for 5 months, and they put me on trial.
Fortunately, I was able to prove my innocence in the trial court,
but due to an appeal by the police side,
I'm still fighting over this case in the appellate court.
You should search for the witness right away.
You're deemed guilty solely based on the victim's account in groping cases.
What they seek from us is the evidence we didn't do it.
Far more difficult than proving we did.
A third person's witness testimony is very powerful.
There are precedents where the defendant was acquitted when the witness was found.
But how?
I will help you. Let's begin tomorrow.
It would be best if you can get your lawyer to accompany us.
Just in case we get in trouble with the station staff.
Is it all right for us to ask our lawyer for these things?
You can't hold back!
Lawyers will never do anything unless we tell them to.
They handle tens of cases at same time.
Who would be desperate to help if not the relatives and friends?
Please put this on.
We're looking for a female witness, who on May 10th at around 8 AM,
went to an office in the station and said
"this person is not a groper."
Good morning.
I'll be waiting here, let me know if there's any problem.
Oh, Teppei's mom, don't step in their property.
Please help us.
Please.
Help us.
We're looking for a female witness...
(Sign: We are looking for a witness )
Please help us if you know who we're talking about.
I apologize, but I'm not defending any more groping cases.
How can I persuade you?
Both I and Sudou have our hands full,
and you have more experience in this type of case.
I can't really help... It's true I've had my share of groping cases though.
I read the verdict for your last trial.
What a poor judgement. Unbelievable.
Is that what's bothering you?
No... well, a little, but...
I'll stay away from criminal defenses for a while.
I see.
You won't be of any use if that's your attitude.
We're fighting against the mighty government.
You can't possibly serve as a criminal defense attorney if you're so easily discouraged.
Judges being sensitive to acquittal is not something that began recently.
The public defender is largely responsible for this case too.
He recommended a plea bargain despite the fact that the defendant was denying it.
Now the defendant is regretting his decision.
Everything backfired.
Is this yours?
Ah!
How do you explain this?
What am I supposed to say?
Is this a proof for groping?
It will hurt your impression with the judge.
Yours too...
But then, all men are guilty.
That's right, all men have the motive.
And the victim was right beside you, so you have no alibi.
It's the lawyer's job to do something about that!
The courtroom is a dwelling place of demons!
They don't even have the slightest concern for human rights!
Innocent until proven guilty!
Please show me your personal belongings. Take your cell phone out.
This is your reference number.
Hello there,
are you carrying a cell phone?
Teppei's mother. Please sit in the middle.
Good morning.
Excuse me, your hat.
Please take your hat off.
Sit down.
( 1st Session )
All rise.
We will now begin. Defendant, please take the stand.
Yes.
Your name.
It's Kaneko Teppei.
Yes, thank you.
Please wait for your number.
...on the public transportation, the defendant blatantly violated another,
therefore, causing lasting trauma to the victim.
Charges and penalties: Infringement of Public Safety
through aggressive and violent behavior.
Same ordinance, article 9, paragraph 1, item 2. Also article 5, paragraph 1.
The defendant has the right to remain silent.
You do not need to answer any questions you do not want to.
Please be advised that everything spoken here can be used against you as evidence.
Are there any untruthful claims in their Statement of Allegations,
which is what the prosecutor just read?
Yes, there is.
I didn't commit groping.
Oh, you don't have to get close to the microphone.
OK.
Their claim that you were riding the same train
as the plaintiff, who claims to have been violated...
is this justified?
Yes, it is. But I didn't attempt to touch her.
What's the defense attorney's opinion?
I agree with the defendant. The defendant has not committed acts of groping.
I also accept the claim
that he was riding on the same train as the plaintiff.
You may step down.
Yes.
Now, we'll get to the examination of the evidence.
Prosecutor, please state your opening statement.
Here.
1. On May 10th, 2005 at around 7:30 AM,
the defendant tried to get on a departing train on Jouhoku Express Line's Musashidai station,
and squeezed in after being pushed by the station staff.
2. Soon after the train departed,
he willingly pressed his crotch against the victim in front of him, who was then 15 years old,
as they passed Nobukuro station, he started lifting up the victim's skirt with his right hand,
and then put his right hand inside victim's skirt,
where he rubbed the victim's right buttock and committed the infringement.
The victim had been previously violated by gropers on the train while heading to school,
and filed a complaint to the railway staff before,
but she had been told actions cannot be taken
without definitive evidence such as catching his wrist,
so she knew she had to catch the groper's hand this time,
and turned around
as she caught the groper's right wrist and identified his jacket's sleeve,
but the defendant's hand pulled back at that very moment, and she let go of his hand.
But that was when the victim re-identified
the jacket the defendant was wearing,
and confirmed that it was the defendant's hand.
3. As the victim's train arrived at Kishikawa station,
she chased after the defendant, who got off before her, and caught his right sleeve.
The defendant attempted to resist, but through assistance of another passenger,
she arrested the defendant red-handed.
Have you been groped by him?
I didn't!
No, you did!
To summarize, the defendant objects to exhibits 1 through 6.
Approves exhibit 7, the setting of date and place,
and exhibit 8, the capacity of the train where the crime supposedly occurred.
Partial objections to exhibits 10 through 16,
fully objects to exhibit 17.
The rest are on hold, correct?
Yes.
We will have the police detective, Yamada Kouji's witness questioning in our next meeting, OK?
Affirmative.
How would the afternoon of August 1st fit your schedule?
I'm already booked.
Both morning and afternoon are open on the 4th.
I already have cases for both morning and afternoon.
How about the morning of the 8th?
Yes, it will be fine.
OK.
Why didn't you bring your friends?
We'll lose with so many empty seats!
We have to fill all the seats with observers and make the judge serious. All right?
Thank you.
Good afternoon. What are you doing here?
I was just chatting with Mr. Sugimura.
Oh! That malpractice case?
Yes, what about you? The judge is Oomori, right?
Yes.
He has a good reputation.
He does? The press thinks otherwise.
"Acquittal disease", huh?
They make it sound as if acquittal verdicts are bad.
If it really is a disease, I hope he'll pass it to other judges too!
So, how was it?
The defendant's account immediately after the incident hasn't been recorded at all.
The victim's account is completely missing the female witness' visit to the office,
or that the defendant was pulling on his jacket.
So, the reports that should obviously exist are missing.
They always hide inconvenient evidence.
Can't be like that...
Yes it is. Once indicted, they have to convict him at all costs.
That's the public prosecutor's job.
( 2nd Session )
This way.
Sit down.
And please turn off your cell phones.
Uh, um... you can't stand there. People without a seat have to leave.
Can we get the judge to see
there's so much attention for this case?
They will leave right after the judge shows up.
Oh, all right.
All rise.
I will be presenting Exhibit 17: Reenactment of the Crime Scene Photo Report to the witness.
This Reenactment of the Crime Scene Photo Report
is accurately recorded by you after a thorough investigation?
Yes.
Did you threaten the defendant or
force the defendant to reenact something
contrary to his account during investigation?
I did not.
So, you did not force the defendant
to do anything against his will while producing this photo report?
I did not.
That is all.
OK, then. Defence attorneys, you may cross-examine the witness.
A question from Sudou, the defendant's attorney.
Oh, microphone.
Please use the microphone, otherwise we can't record it.
About the Reenactment of the Crime Scene Photo Report's female mannequin,
what was its height?
I think it was 165cm.
Are you aware of the female victim's height?.
I forgot.
Did you know the victim's height when that photo was taken?
Probably.
Probably what?
I probably knew.
The victim's height is 155cm. 10cm shorter than the mannequin.
Isn't the difference between the defendant and the victim's height vital in determining
whether or not this crime was possible by the defendant in this case?
That photograph was taken to reenact the standing positions,
so I was not worried about the height difference.
The victim said he was carrying a bag in his left hand,
and was pulling on his jacket with his right hand at the moment.
What didn't you let him carry a bag for this reenactment?
As I stated earlier, this is for confirmation of the standing positions,
so I thought the bag was irrelevant.
As for the defendant's right hand...
he didn't hold on to his jacket, and put his hands together in front by himself.
I did not order him to do it.
A question from Arakawa, the defendant's attorney.
Did you interrogate the defendant on the day of the incident?
Yes.
And you told him "I'll let you leave right away when you admit the groping,
it's the same as breaking a traffic law."
"You're released once you pay a fine in Summary Judgement," correct?
I didn't say that.
Did you hear the accusations made by the victim before inspecting the defendant?
Yes, I'd been informed of roughly what happened.
What did the victim accuse him of?
That he put his hand inside her skirt from behind,
and touched her right buttock over her panties.
Did you not try to get an objective proof of this accusation?
For example, extracting the sample of debris from the defendant's hand,
and check to see whether or not they match the fibers of the victim's underwear?
I was busy... and it slipped my mind.
What do you mean it slipped your mind?!
The defendant's life is at stake!
I usually take the sample,
but I don't really remember why I didn't.
There are so many similar cases.
You were in a position where you had to get proofs for the accusation,
yet you did not even try to search for an objective proof.
That is not true.
You did not even make an attempt to listen to the defendant's explanation of events.
Why did you fail to properly record the defendant's account?
No, I accurately recorded everything.
Why did you fail to record the defendant's claim
that his jacket
was stuck in the doors, and he was pulling on it?
He did not make such claims.
One last question.
Will debris analysis always detect someone who touches underwear?
No, not always.
Has debris analysis ever been used as a proof of a crime?
No.
I rest my case.
Today's theme
was to reveal the sloppiness of this investigation conducted by the police.
And the police side obviously have evidence they failed to submit,
so we agreed to evidences that can't hurt us,
and our strategy is to agree with the rest of their evidence
only after they submit all written statements by the victim,
the male witness, and the station staff.
Of course, we will argue about the reliance of such documents.
Wait a minute there, we can't see all the evidence?
Aren't they supposed to see everything before deciding if he's guilty or not?
Which evidence to present is a strategy for both sides.
But only the prosecutor hold evidence for interviews.
We have nothing.
We can ask them to present the evidence,
but to make such a request,
we have to be specific and say "you must have this and that, so show us."
We have to point them out.
What? You know what evidence they have?
I don't, I can only make an educated guess. I know this sounds really strange.
Who asked you?
Who were those people?
Mr. Sata got them for us.
Why?
It doesn't make any sense, he knows nothing about me.
He doesn't know us, but he knows how these trials work.
So what?
Why do I have to advertise to everyone that I'm charged of groping?
And why did you get Youko too?
Well, Youko... Ogura brought her.
Why?
We're all friends. The more observers we have, the better.
Friends?
Don't you know we broke up?
We're all worried about you.
( Female junior high student )
Excuse me, who are they?
Oh, they're law apprentices. They're training for bar exams.
Trainees?
No, apprentices.
As you were.
Good morning.
We will now begin.
Wait.
If you would like to observe, please squeeze in and sit down.
Is that all right?
What's about to start?
These are screens.
For the plaintiff's privacy,
they make sure the defendant and the observers can't see her.
Like that.
With these boards?
Yes.
Defendant, please sit on the bench.
Yes.
- Screens again?! - Openess was supposed to be important.
It can't be helped, considering the recent trend of victim protection.
Please, come in.
You don't have to be scared.
Is your name and other information printed correctly on the card?
Yes.
Please read the oath out loud.
I swear to honestly tell the truth
without concealment or deception.
Please take your seat.
Please state your experience exactly as it happened.
If you make falseful testimony, you may be prosecuted for perjury
so please be careful.
Public prosecutor, please begin your examination.
The witness, you...
Why don't you take a deep breath?
Yes.
I'm sorry, I'm all right.
After the train left Musashidai station,
you sensed rustling movement behind you, correct?
Yes.
What did you think at the time?
It was disturbing... I encounter gropers often,
so I thought maybe this time too...
Did you mean
something was touching your body by "rustling"?
I somehow knew the person behind me
wasn't moving with the swaying of the train,
and something hard kept bumping into my hip.
It felt like something was pressing against me. I thought maybe it was a groper.
What happened after that?
I was really scared...
and after that, I felt my skirt being lifted up,
and he touched my right buttock...
Were you able to see
someone's hand touching your buttocks?
No,
but it was moving up and down, left and right...
then I felt rubbing...
I was sure it was a hand.
How did you try to catch the offender?
I tried to grab the offender's hand.
Why did you try to grab the offender's hand?
When I reported a groper to the police before,
they said I needed evidence like grabbing his hand.
How did you try to catch his hand?
I tried to catch his hand while he was in the act of groping.
Where was the offender's hand?
My right buttock.
But... I felt it moving forward...
You caught him while his hand was moving forward?
Yes.
I really didn't want it to move forward...
I grabbed him with my right hand.
Which part of the offender's body did you catch?
I think it was slightly above his wrist.
Where were you looking at when this happened?
I was looking at my own hand, which caught the offender's hand.
Were you able to see the offender's fingers?
No, I couldn't.
My skirt was lifted up, that's all I saw.
Did you also grab the offender's clothes when you caught his hand?
Yes.
Did you see the color of the offender's clothes?
I think it was blackish.
What happened to the hand you grabbed?
The hand pulled back.
You let go of his hand?
Yes.
You lost the sight of the offender's hand?
No, I was chasing that hand with my eyes.
To which direction did that hand pull back?
Behind me.
Did you, for example,
feel it move sideways along your back, from right to left?
No.
Did you feel it
move to your right or move down?
No.
So, you followed the withdrawing hand with your eyes?
Yes.
And that direction was behind you?
Yes.
What did you do after that?
When I followed the hand with my eyes, it led me to the person behind me.
His jacket had a similar color as the sleeve I caught,
so I said "please stop. "
I'd like to present Exhibit 17: Reenactment of the Crime Scene Photo Report's photo 1 to 3.
Is this the person you caught on May 10th,
the day you were groped on the train?
Yes.
I rest my case.
Other than the man you caught,
do you remember anyone else on the train at the time?
For example, the person in front of you,
back-right, or back-left?
I don't remember.
Please face the judge when you answer.
During the interview, you said there was a middle-aged woman in front of you.
Then, I think there was.
Do you remember anything else?
For example, a fat man to your back-left?
I don't remember.
I would like to ask you what happened after you got off at Kishikawa station.
Did the defendant try to explain himself before going to the station office?
He said he was only pulling on his jacket because it was caught between the doors.
Did a clerical woman come to the station office?
Yes, she did.
Did she say something?
"The man's jacket was caught between the doors,
but his movement was strange"... she said.
According to the interview by the police on that day,
"The woman who came to the office said
'his jacket was caught between the doors'"
was the only thing you mentioned in the report.
Is that so? But... she said his movement was strange...
What happened to her afterwards?
She disappeared before I realized it.
Did the man you caught say
"don't let her go", or something similar?
I don't know.
I was taken to the back of the office as soon as I entered the room.
I'm defence attorney, Arakawa. I would like to confirm something with you.
Let's go back a little bit in time. After you caught the offender's hand,
you saw the offender's hand, correct?
Yes.
He pulled his hand back.
Yes.
Where did the hand go when you followed it with your eyes?
Behind me.
Did you see the hand go behind you?
Yes.
I saw the hand, followed the hand with my eyes,
when I followed the direction of the hand,a person wearing similar colored clothes was there...
You just said "similar colored clothes"...
but if you really followed the hand the whole time,
wouldn't it be the same hand?
Wouldn't you describe it as
"the same colored" instead of "similar colored"?
Didn't you describe it as "similar colored"
because you lost sight of this hand for a second?
It pulled back, but I was looking at it the whole time...
then I looked in that direction...
You saw the offender's hand when you caught it, correct?
Then, it pulled back.
Did the offender's hand disappear for a moment when it pulled back?
I don't remember well.
You see my right hand here?
It won't disappear from your sight even if I moved it to the left, right?
Yes.
But if my right hand hid behind the sleeve for a moment...
you won't see the hand.
Yes.
We are asking
if it disappeared like that for a moment.
Please try to remember.
You don't remember?
No.
Defence attorney, please continue.
You caught the hand, you saw the hand, it pulled back...
Please listen to the following very carefully.
You followed the direction of the movement, but you lost sight of it for a moment.
But there was a similar colored jacket, so you knew it was him, or...
it was pulled back, but you didn't lose sight of it
and kept following it with your eyes?
Objection. Repetitious question.
It's an important part.
Witness, please try to remember again.
It disappeared for a second...
and when I looked at the direction of its movement,
a person wearing similar colored clothes was there.
And that's how you knew it was the same person?
I knew it was him from the direction the hand pulled out,
color of his clothes, and where his hand was facing...
So, you knew it was him even though you lost sight of it for a second?
Yes.
Earlier, you answered the prosecutor's question
you didn't
"feel it move along your back, from right to left."
Yes.
Does it mean it's impossible for the person at your back-left
to have touched you?
Yes.
You can say that with conviction just based on the feeling of your back?
The police detective
also told me the person to my back-left couldn't touch me,
so it must be the person directly behind me.
The police detective said the person to your back-left can't touch you?
Yes.
Did he tell you why it's impossible?
He said they did that kind of experiment...
Hold on,
the police detective said they proved the person to you back-left
can't touch you through experiment?
Yes.
Do you remember which police detective said that?
No.
Was it a male or female detective?
I don't remember well, but that person really said so.
The court would like to ask you a few questions.
It will be over soon, so please hang on.
Yes.
The woman who came to the office said
"The man's jacket was caught between the doors,
but his movement was strange"?
Yes.
Why do you think she came all the way to the office
just to tell you that?
I think it's because I said he's a groper.
She didn't say anything like
"the person you caught is not the offender"?
No, she didn't say that sort of thing.
Judge, I would like to request the release of
police reports regarding the reenactment experiment mentioned by the witness.
Is that alright, prosecutor?
I must check if such reports exist.
If it does, please submit it.
I will look into it.
The woman who came must have said
he wasn't the groper because he was pulling on his jacket.
Why would Teppei be upset
if they let her go if she said his movement was strange?
Maybe it was the psychological effect on the victim.
She was groped, and another woman came all the way to the office,
so she thought the woman was obviously on her side.
That's why she heard it the way she wanted to.
Or maybe she already made up in her mind that the person she caught
was the offender, so she heard it that way.
You did well.
Don't give up, and hang on to the end.
Just between the two of us...
The public prosecutor in charge said he didn't expect you to be indicted!
Thanks.
So, this is where I was locked up!
I didn't know.
Order whatever you like.
OK.
Rice balls.
You're going to start with that?
I can understand that.
I also wanted to eat well-cooked rice when I was studying overseas.
It's been 4 months!
They call it the "Hostage Technique"!
We requested bail a couple of times, but...
Why didn't they grant bail?
1. If the defendant doesn't have a permanent address.
2. If there is a suspicion that the defendant may destroy evidence.
3. If there is a reason or suspicion that the defendant may disappear and never come back.
It seems they're using reason #2 for this case.
Wow, I can't believe you know these things! But there is no evidence.
You know, he might threaten the victim to falsely testify.
That's why they allowed bail once the witness testified.
He still can't get on the train on that express line during the bail period.
That's crazy!
How much was the bail?
2 million yen...|
I thought courtrooms were places where bad people were tried.
That's why, I always thought getting bail with money was...
Yeah, courtrooms are where they decide whether or not someone's guilty.
Obviously, huh?
Judges are usually in charge of more than 200 cases at any time.
Most of them are cases where the defendant pleads guilty, so they're all guilty sentences.
If you think about it, a courtroom is usually a place where bad people are tried.
It's not easy believing a defendant's words in such a place.
If they don't judge quickly, it can affect their performance evaluations.
They're overworked.
The competence of the judges are measured by the number of cases they handle,
so they only think about getting it over with.
Thank you.
At which phase are we on the criminal procedure?
The plaintiff side just finished their argument,so next up is the defendant side's counter-argument.
Theoretically, we only have to point out flaws in their arguments,
but it's not so easy in real life.
We'll lose unless we can assert our innocence.
We need to be prepared for that.
That's where I have an idea... I would like to film a reenactment video.
Create an identical environment to the witness's account, also Kaneko's
and reenact the events of that day.
We don't know if we can use it as an evidence yet,
but it's difficult to grasp the situation just by words.
We have to fully understand the circumstances on that day,
and check to see if there are any contradictions to the witness testimony.
It's costly and a lot of work, but...
Mr. Sata said he made one too, I'll ask him.
Did you witness
the act of groping on the train?
No, but there was a man rustling near the door,
so I took a glance once every while.
It was strange behavior.
Who was this rustling man?
The defendant.
I was watching him because he was acting awkwardly ever since he got on the train.
Please face the judge.
What do you mean by "awkwardly"?
He pressed his front body against the female student,
so I thought he could be mistaken for a groper.
I was looking at him because I thought if it were me, I would get on facing back.
Where were you looking at him from?
I was looking at him over a person sitting beside me, near the door on the opposite side.
I would like to ask you what happened after you got off at Kishikawa station.
Did you lead the defendant into the office?
No, they were arguing on the platform, but I guess he gave up when the station staff arrived.
The staff and the defendant walked in front,
and the victim and I walked behind them, side by side.
Did a clerical woman also come to the station office?
Yes.
What did she come to say?
Let's see...
"I don't know if he is a groper or not, but suspicious"
or something along those lines.
"Something along those lines"?
I don't remember well, she left almost immediately.
Did the defendant say something after she left?
I think he said something like "why are you letting her go?"
The woman who came to the station office
didn't say anything like "he's not the groper", correct?
Yes, it didn't sound that way.
I rest my case.
I don't mind, ask me anything you want.
Out of all your acquittal sentences,
are there any cases you had doubts they may have been guilty?
None.
Sentencing is merely a process of determining whether or not
the prosecutor has proven the defendant is guilty
without assumptions.
"We have no evidence, but the the defendant may be the culprit"
gives us no reason to hesitate.
If such things caused us to hesitate,
we may only listen to the prosecutor's side of story,
and at times, we may punish an innocent person.
If we thoroughly examined the prosecutor's arguments and still not certain it's a guilty case,
then he's innocent!
What do you think is the most important responsibility of a justice system?
To identify the truth?
Hmm...
To be fair.
Hmm...
Fairness?
The most important responsibility...
is that an innocent person shall not be punished
About that police reenactment report
that the man at back-left can't commit groping...
It still hasn't turned up.
"Non-existent" according to them.
Non-existent?
It means they can't find it.
There is none,
but if we find it later, they would have been lying.
Non-existent.
So, they have it?
We don't know about that.
It might exist but they don't want to show it,
or maybe they really can't find it.
If it really doesn't exist,
then the detective lied to the victim,
and persuaded the victim into thinking Kaneko is the offender.
Why would they have it and don't want to show it?
Hmm...
Maybe it was such an unreliable report,
just like the mannequin photo,
and they thought it would worsen their case.
Who knows...
I have news about something unrelated to this.
The judge has been changed.
What?
Such a thing can happen?
Yes, it's nothing uncommon.
Then...
what would happen to all the discoveries up to this point?
We can't do anything about it.
The new judge would have to catch up to everything we found out so far
using only written documents.
All rise.
The judge has changed.
Is the schedule for future trials fine for both sides?
Yes.
The observer capacity is 20.
Those who seated last, please make your exit.
The previous judge said we can squeeze in.
This is my court now.
What are you talking about?
Yeah!
I would like to have this trial in a quiet environment,
so please limit the observers to predetermined capacity.
Person wearing glasses.
What the hell?
What did the woman who came to the office say?
I don't remember well... I didn't hear her clearly.
She said something about getting caught in the doors.
You didn't try
to inquire from her further?
No, as I...
As I said, I didn't have a chance to hear her clearly
because she left immediately.
Did you listen to the defendant's explanation of events?
No.
You didn't listen to him at all?
No.
Didn't you tell the defendant
you will listen to him in the station office?
That's why the defendant came willingly
so that he can explain what really happened.
But...
such things are not part of my duties.
What is a station staff responsible for in such an event?
Secure the persons involved, and report it to the police.
Did you perceive the woman who came to the office
as an important witness for this case?
No, I had no idea how she was involved in all this.
This woman who came to the office
didn't say anything about the defendant being innocent?
No, I don't think she said such a thing.
OK.
Any progress on the submission of the reenactment experiment report
requested by defence attorney?
Non-existent.
Therefore, we would like to request
a re-examination of Detective Yamada, inspector in charge.
Any objections, prosecutor?
I think it is unnecessary.
The court also thinks it is unnecessary.
However, it is likely the plaintiff strongly felt the defendant was the offender
because of influence by the detective.
Even if this is true,
the plaintiff does not remember who told her this information,
so there is no point calling Detective Yamada to the stand.
Please argue against investigation violations using only legal arguments.
Request for re-examination of Detective Yamada is denied.
Why did the judge change?
Judges often change, but maybe he was removed.
Why?
Two acquittal verdicts he sentenced were
both turned around in the appellate court.
Really?
That's why he's removed?
Who knows?
Who will be happy with an acquittal verdict?
The defendant and those involved with him.
What about the prosecutor and the police?
Of course they would be upset! They'll lose face completely.
To sentence an acquittal is to disprove the prosecutor and the police.
In other words, you're rebelling against the government.
You won't get promoted by doing that.
After all, the court is a bureaucratic organization.
Everyone would want to be approved by their organization.
You have nothing to gain by making the defendant happy.
Well, it doesn't mean you'll get promoted by sentencing nothing but guilty verdicts...
In any case, it requires a great amount of courage and ability to sentence acquittal verdicts.
That's how it works? I didn't know...
... 6 years old.
Really? You're a good boy!
Your husband has done so much to help us.
I'm really grateful.
Not at all. The trials must be very grueling for you.
Just let us know if there's anything we can do.
We still have a long way to go. It's not over for him yet.
Excuse me, Mr. Nomoto.
Can you tape it from top of that ladder?
Top of it?
Mr. Ogura, please tape it from the side.
OK.
Thank you.
Are the cords all right?
Yes.
Was it like this?
Yes.
How is it?
It's great.
The person acting as the victim, Youko, please get to your position.
OK.
Saitou and Ms. Sudou too.
OK.
There and there.
And lastly, the passengers, please get in too.
- OK. - Thank you.
In reality, it was 250% capacity, so crowded that
it was impossible to get on without being pushed by station staff.
So please squeeze in as much as possible.
OK.
Now, Kaneko.
Please try to pull your jacket like you did on that day.
OK.
Sorry.
Saitou, please try to push Kaneko.
OK.
Youko.
Is something pressing against your hips?
There is.
It's Teppei's bag.
I'm sure she had mistaken this for being pressed against his crotch.
Next, let's try the victim saying "please stop",
catching the offender's hand and turning around...
Uh... Let's try it according to the victim's testimony.
Let's assume Kaneko really did it.
Please put your hand near the victim's buttocks.
OK.
I'll only pretend to touch.
Really touch it, otherwise, it would be different.
Don't worry, I wore spats.
Now, touch her.
OK,
she grabs his hand!
I can't pull it back.
It was really worth trying!
He was standing right in front of the door. He can't possibly pull his hand back.
Why didn't we notice something so simple?!
That's why it's important to reenact the crime scene. Always have to do it.
Should I try touching her now?
Oh, sure.
Did you know the direction the hand moved out?
Directly behind you or did it slip behind your back?
I'm not sure.
I didn't even know which direction
the hand came from, and touched my buttocks.
What about you, Teppei? Did you know Tatsuo was touching her?
No, not at all.
Wait, in which direction was the train moving?
It was moving to your left.
To my left...
Defendant, please make your way
to the witness stand.
Yes.
Please sit down.
Yes.
You were pulling on your jacket, which was caught between the doors.
Did your jacket come free right away?
No.
That's why I panicked and twisted my body,
and grabbed my jacket near the doors and pulled with my right hand.
I think the train was really crowded.
Did your movement bother people around you?
I tried to be careful,
but the woman to my right glared at me, so...
I said "sorry", and pointed to my jacket near the doors with my eyes.
Did your arm or body come in contact
with that woman?
I think so.
During police interview,
you said the man to your left
may have been groping?
Yes.
What made you think he was suspicious?
He was pushing me while I was pulling on my jacket,
and that's why I bumped into the woman to my right.
It could have been caused by the swaying of the train... but it was a little unnatural...
After I found out about the groping,
I thought maybe he was trying to touch the victim's buttocks
and pushed me in the process.
By the way, in Kishikawa station, your stop,
the doors that caught your jacket were supposed to open.
Why did you have to pull out your jacket?
Yes, that was my mistake.
The opposite doors open in Sumiregaoka station, the station I got on from.
That's why, when I get off at Kishikawa station,
I have to walk across the train.
But on that day, I wanted to check inside my bag,
and got off at Musashidai station.
The doors open at same side as Kishikawa station in Musashidai.
So I already crossed the train when I got off.
I woke up late on that day, and forgot my resume...
I was in a hurry.
Then my jacket was caught between the doors when I got on again.
It seems I confused those doors
with the ones that don't open in Kishikawa station.
What do you mean by "it seems"?
Right,
when my lawyer and the assistant prosecutor
asked earlier why I had to pull my jacket,
I didn't really know it myself.
But I remembered during the filming of the reenactment video.
While I was pulling on my jacket that day,
I was thinking, "hey, why is the train moving this way?"
Then my jacket came free,
and I heard her say "please stop" right after that.
So, you got on from Musashidai station, but you were in a big hurry,
so you thought you got on the train like usual from Sumiregaoka station.
That's why you were also confused to which door would open. Right?
Yes. Yes, that's what happened.
And lastly, the witness who came to the station office...
What did she say?
Yes.
"This person was only pulling on his jacket,
he wasn't groping. " She said.
Are you certain she said you were not groping?
Yes.
What were you doing when the victim said "please stop"?
I was pulling on my jacket while looking at it,
and it finally came free, but I was still holding my jacket.
What did you do when you heard the victim?
I turned my head.
Did you see the victim's face?
No.
I heard the voice, but I didn't know who was talking to whom.
How close were you standing to the victim?
I didn't know if it was the victim at the time,
but I think the left half of my upper body was pressed against
a small-framed woman in front of me.
You were holding your bag with your left hand, correct?
Yes.
That's why it's possible my bag was pressed against her.
How close were you to the man to your left, who you claim to be the true offender?
He was pressing the left side of my body with great force.
What position was he in?
I was busy pulling on my jacket,
so I was looking to my back-right...
I don't know what position he was in.
Are you saying that man is the true offender without knowing what position he was in?
I am not concluding him as the offender.
Based on the pressure I felt from my left side, I thought he was suspicious.
Assuming he was touching the victim,
Obviously, his right arm would come
in between you and the victim.
Yes, I think so.
If a hand comes in between someone
you're pressed against in such a crowded train,
I think you would notice. Did you notice it?
No, I didn't notice it.
Only, during the filming of our reenactment video...
Please only answer the question you're asked.
No, I didn't notice it.
These are books and DVDs in your collection
from your home, correct?
There aren't enough there to be called a "collection".
What is it then?
It was just left there because I couldn't get rid of them.
I see, can you read the title?
Objection. Unnecessary.
You can read it yourself.
That's not the problem!
"Groping Hell". Were you interested in groping?
Objection. Irrelevant.
It's all right, I'll answer it.
One of the DVDs I got from my friend just happened to be about groping.
There is also a picture of a girl in school uniform.
You were interested in female students too?
That just happened to be there in the nude magazine.
I don't have a particular interest in female students.
What did you do in Musashidai station when you got off in the middle?
I was checking to see if I brought my resume,
and searched inside my bag, but it wasn't there...
I would be late if I went back home to get it, so I gave up on it.
When you got on the train again,
was there any reason you got in from that door?
It was closest to me...
I just jumped in the first door I saw.
When you ran to the door,
did you see who was standing in front of you?
No.
You must have known who was in front of you
right after you got on.
Yes...
I think the female victim was there.
A young woman was standing in front of you.
Yes...
But maybe I realized it after I got off at Kishikawa...
Right, I didn't know back then.
You knew it was a woman, didn't you?
I don't really remember.
According to investigation report by the police...
Didn't you say "I went behind the female junior high student
on her way to the train,
got pushed by the station staff,
and got on the train with my body pressed against her back"?
I said I didn't know who was in front of me when I got on the train.
Really?
But I see your signature on a report that says otherwise.
I requested to have that made-up story by the
police detective corrected many times,
but they refused me.
In which direction do you usually face
when you get on an overcapacity train?
I don't usually get on such crowded trains, but...
I usually just face forward.
For example, if you absolutely had to get on an overcapacity train,
wouldn't you usually get on the train backwards if a woman was in front of you,
so that your frontal body wouldn't press against her?
I have done that before.
But you didn't this time.
I would've been late if I missed this train,
so I was just concerned about getting on.
"A young girl is in front of me but I don't give a damn?"
You were only thinking about getting on the train?
I was just desperate to get on...
I didn't care if a woman... a girl
or an old woman was in front of me.
I was just in a rush... I was desperate to get on.
But you did know it was a
young girl in front of you?
As I said, even if that's the case,
there was a station staff member pushing me in.
At the time, getting on the train was my utmost priority
rather than who was in front of me.
One last question,
you testified that you didn't know she was talking to you
when the victim said "please stop. "
Yes.
Isn't that strange?
Even if you didn't commit groping, you were pulling on your jacket on a crowded train,
and already bothered at least one person, the woman to your right, who you apologized to.
After that, you hear someone say "please stop",
wouldn't you think that's directed to you?
I wasn't pulling that hard.
But there was a woman who saw you
and came all the way to the station office,
so wasn't it quite a conspicuous action?
I told you! She said it wasn't me!
What? I didn't do it!
Please, answer only the question you're asked.
It was you, wasn't it?
What did you say?
Hey, wait!
Why the hell are you always here? I'm not here for show!
Calm down!
This is a courtroom!
It's just an observer nerd!
He just goes to sex offense cases for his sick taste.
Despicable type of people.
Let's go.
All judges absolutely don't want to be fooled by the defendant, above anyone else.
Because it's embarrassing.
The smarter the person is,
the more he's concerned if the person in front him is lying,
that it's embarrassing to be fooled by that.
He wants to be confident you're innocent if he has to give you an acquittal.
That's why he'll ask you straightforward questions if he had doubts.
And see if a convincing answer comes back.
Groping cases leave no evidence...
In the end, it's down to deciding whether plaintiff or defendant is telling the truth,
based on his judgement of who's lying about the core issues,
as well as issues surrounding it.
You think Teppei is lying?
No, I think Teppei answered the best he could, truthfully.
I think it would've been suspicious if he didn't get upset at such biased questions.
Teppei is telling the truth, but all he does is try to find faults.
As if he's also a prosecutor.
There's only one chance for a defendant examination,
not to mention he's innocent and this is his first time.
No matter how many times you rehearse with your lawyers,
it can lead to a guilty verdict depending on how you answer his questions.
You only get one chance.
Some lawyers tell you
to simply answer what really happened,
but your mind goes blank when the judge asks an unexpected question in such anxious conditions.
You'll be so disoriented that you won't even remember what really happened.
I don't think the judge had any malice.
Day after day, he talks to liars,
and scolds them repeatedly... "you can't steal, you can't harm others, "
at times, they even quote lyrics of popular songs to teach a lesson.
What we have most to fear...
is that 99. 9% conviction rate is...
becoming the premise of trials rather than the result.
Um...
What if we called the first lawyer he talked to as a witness?
What will that do for us now?
I want to do all I can.
What will he testify?
The public defender said he should plead guilty and settle with a plea bargain, right?
But Teppei refused to do that. Why? Because he's innocent.
Do you know who was the public defender?
No, but I'll find out right away.
There's no need to find out.
What's going on?!
Why did you recommend a plea bargain?!
I wish...
someone took my place on that day.
There was a sentencing in that same evening.
The man was sentenced to 15 months in prison.
It was a terrible trial.
It was merely an indecency charge on a train,
yet the bail was 5 million yen.
Of course, he had no criminal record...
an earnest businessman with a wife and a child.
What do you think the judge said...
when the man went to see him after plaintiff's cross-examination?
"If you can afford 5 million yen for bail,
go and set up a plea bargain with the victim right away.
Then, I'll only sentence you to probation."
Can you believe it?
We're sincerely trying to prove our innocence,
yet he says such a thing in middle of the trial.
"Presumption of Innocence", more like "Presumption of Guilt"!
I wanted to curse at him right then.
But I thought displeasing the judge would only put us in even more disadvantageous position.
I was desperate to prove our innocence after that.
After all, I found out what the judge was thinking.
But it was futile.
I didn't intend to recommend a plea bargain.
Just that "if I'm innocent, the court will see it the same way,
the judge will understand"...
I wanted him to know thinking like that is a big mistake...
That's not right!
I know that!
But you know...
I can't be irresponsible and tell him to fight...
... without telling him the reality of trials.
But...
you will testify for us, right?
An innocent person
shall not be punished.
In our next meeting, we will summarize the evidence
and closing arguments in the meeting after next, all right?
Yes.
Judge, we appoint the public defender,
who talked to the defendant before us, as a witness.
For what purpose?
To reveal the defendant's testimony immediately after arrest,
as well as proving the defendant's innocence in refusing to plead guilty
despite the fact that he was recommended to offer a plea bargain.
Any objections, prosecutor?
I think it is unnecessary.
The court also thinks it is unnecessary.
Then, I request the public defender's interview report and notes as documented evidence.
I object to both.
We request it to be submitted in accordance with Business Log Code in article 323, paragraph 2
and Trusted Document Exception in paragraph 3.
Any objections, prosecutor?
I think it does not meet the criteria.
The court also thinks it does not fall in Business Log Code, so your request is denied.
I object to this court decision,
so clerk of the court, please record this for me.
We are looking for the woman who came and said
"this person is not a groper" in Kishikawa station.
Thank you.
I'm looking for a witness in a groping case...
Defendant, please take the stand.
Decision: Rejection of the original judgement.
The defendant is sentenced to 3 months in prison.
Unfair judgement!
Yeah, yeah!
Please be quiet.
I will remove you from the court if you speak out again.
You're always like this! Do you still remember me?
Huh? Remember me?!
I order you to be removed from the court.
Someone set me up for embezzlement.
That judge gave me the guilty verdict in the trial court,
and I fought up to the supreme court, but lost.
Excuse me.
Anyway, that 99. 9% conviction rate is convenient
for the lawyers too.
No one will blame him if it's a guilty verdict because it's expected,
if he gets an acquittal, he's a hero!
I didn't mean to be rude...
We found her!
Huh?
Are you certain it's her?
Probably.
What do you think?
Huh? Oh...
Probably her.
Thank you so much.
Thank you for making time for me
at such a busy time.
You told me an important witness was found.
Yes, the witness we've been searching for finally came forward.
That's a great news.
We are going over the details now.
Once we have a positive proof that she is indeed the witness of that incident,
I would like to have you set up a date for witness examination.
Have you notified the prosecutor?
We will notify him once we have the positive proof.
You were riding the train
beside the defendant from Musashidai station?
Yes.
What happened after the train departed from Musashidai station?
Soon after the train left the station,
something kept bumping against my back, so I got curious
and turned my upper body and looked back.
I realized the person behind me was pulling
on his jacket that was caught between the doors,
when I met his gaze, he bowed lightly and said "sorry."
This "person behind me" is the defendant?
Yes.
Uh, yes.
What happened after that?
Yes,
I turned back and after that,
I sensed rustling movements behind me
rather than bumping against my back.
How long did you sense this rustling movement?
I heard a female voice saying "please stop."
I think it stopped after that.
This "please stop."
What do you think she meant when you heard that?
Probably something was bumping against her, just like it happened to me,
so I imagined she meant it the same way.
I would like to ask what happened after the train arrived Kishikawa station.
You went to the station office after you saw the defendant being accompanied by station staff.
Yes.
What did you say to the station staff member?
Yes,
"that man was just pulling
on his jacket that was caught by the doors,
I don't think he was groping. " Is what I said.
You contacted the lawyer because you saw a flyer.
Why did it take you 7 months to contact them?
That day of the incident was the day I quit my job, so I remember it clearly.
I'd been wondering what happened to him the whole day.
But the next day,
I went to study in New York, where my sister lives,
and came back 3 months ago.
I saw the flyer on my way to a job interview.
Did you see his jacket caught between the doors just once?
Yes.
How much time passed between when you saw his jacket,
and hearing "please stop"?
Time?
I don't remember exactly how much time passed...
I turned around soon after the train left Musashidai station, so...
it was the time it took the train to get near Nobukuro station,
or maybe right before Kishikawa station.
Then...
around 10 minutes?
I guess so. Probably something like that.
You sensed him moving behind you during this time?
Yes.
Was it a constant movement?
No, more like whenever I paid attention...
One last question.
The reason you thought the defendant wasn't a groper...
... is because he was pulling on his jacket to free himself from the doors. Correct?
Yes,
and also, it was hard to believe the person who met my gaze
and apologized was groping someone right beside me...
Gropers usually do it in a way other people don't notice, right?
OK, I understand.
Is that all, defense attorney?
Yes.
Taking into consideration the victim was
only 15 years of age,
the damage suffered by the victim is significant.
For that reason, the victim and her parents wishes
severe punishment for the defendant.
The defendant stubbornly denies committing the offense through various excuses,
and shows no signs of repentance. The likelihood of repeated offence is undeniable.
From the perspective of public safety,
the defendant should also be dealt with harshly.
Taking into consideration all of the above reasons, we propose the defendant
be imprisoned for 4 months in accordance with the law.
The investigative authority only accepted the victim's testimony,
failed to record the defendant's explanation,
Even in trial phase,
they have taken unfair practice of refusing to release
records of the victim's testimony during the investigation.
that would support the defendant's explanations...
... have no choice but to conlude that it is against the general principles.
Despite the fact that the victim's original explanations
and testimonies were the only evidence that can prove the defendant guilty,
as we have stated before, they are untrustworthy
and contain numerous irrationalities.
If such sloppy evidence were to be accepted in the court of law
as evidence against defendants in groping cases,
many other people will also be falsely convicted of groping in the future.
The hope to have the court analyze this case cautiously with composure
is shared by both the defendant and the defense attorney.
The defendant is innocent!
Defendant, please take the stand.
Yes.
The hearing of this case will end now.
If there is anything the defendant wishes to say one last time, please do so.
Yes.
I am innocent.
I absolutely did not commit a filthy act like groping.
Ever since I was dragged into this case, everyday for me has been excruciating.
These days must have...
also been excruciating for the victim herself... and her family...
However...
I am not the person who committed this despicable criminal act.
I have been telling this truth the whole time,
from the day I was arrested to today.
I am hoping this court will...
come to a fair and cautious decision...
from the bottom of my heart.
Sentencing will take place in this same courtroom, Wednesday, May 10th, at 11 AM.
Don't worry. You didn't do it.
It will be an acquittal for sure!
All rise.
I will now announce our decision. Defendant, please take the stand.
Yes.
Decision: The defendant is sentenced to 3 months in prison.
The defendant will be given 3 years to...
That's a lie!
Observers, be quiet!
Please be advised speaking against the regulation may lead to
removal from the court.
I don't even want to watch an unfair trial like this!
The defendant will be given 3 years to serve this sentence.
Legal costs will be paid by the defendant.
The reason for this sentence will be explained now.
Defendant, please sit down as it is quite long.
Defendant, please sit down.
I will remain standing as I hear it.
On May 10th, 2005, between about 7:34 AM
and 7:44 AM of the same day,
between Jouhoku Express Line, Musashidai station
with address: 4-10-1 Musashidai, Suginami Ward, Tokyo
and same line, Kishikawa station with address: 1- 25-1 West Takada, Shijuku Ward, Tokyo.
You are guilty of groping as you put your hand inside
the skirt of Furukawa Junko, 15 year old,
and touched her hip over her underwear on the train traveling between above mentioned stations.
You have blatantly violated her aboard public transportation...
I will now explain the basis for this court decision.
Despite the victim being only 15 years old, she mustered up her courage and arrested the offender,
even in the trial phase, she sincerely testified her experience while holding back tears,
and its contents were all specific and detailed.
Her testimony was so convincing that it is something only
a person who had truly experienced the events could recount.
She also endured through questions by the defense side, and her testimony is mostly consistent,
and she honestly stated "I don't know" to things she did not know.
Also, the victim is a student on her way to school, and has never met the defendant of this case before.
The victim has nothing to gain by accusing the defendant,
and has no reason to accuse the defendant for personal reasons.
Therefore, it is unlikely she was falsely testifying.
If, as the defendant insisted,
the overweight man to his left was the true offender
that offender's right arm must pass in front of the defendant's body
in order to touch the victim's right hip.
Therefore, the defendant would have noticed it.
Despite this fact, the defendant claims
he did not notice the offense by this overweight man.
We have arrived at the conclusion that it is very unlikely
this man committed the offense through testimony by the defendant.
Also, the defendant claims he could not pull his hand back
because the doors were right behind him,
but the victim had only determined the direction of hand movement based on her senses and feelings of her back.
It is conceivable that she had mistaken
the direction of hand movement; front to back with up to down, for example.
Therefore,
the defendant's explanation
with the assumption of hand pulling directly to the back,
is based on an assumption in the first place,
either way,
this evidence is not sufficient to prove the defendant's innocence.
However, it has become clear during witness examination that the witness, Ichimura,
rode on the same train, went to the station office immediately after the incident,
and had testified that she did not think the defendant was a groper.
We will now examine this testimony by Ichimura.
According to her testimony, Ichimura felt something bumping against her back
soon after the train departed Musashidai station, so she turned her upper body and looked back
and witnessed the defendant pulling on his jacket.
Also she was apologized to by the defendant when she met his gaze. He bowed and said "sorry."
However, after she turned around again, 10 minutes had passed
between that time and after the train left Nobukuro station
but before arriving Kishikawa station when she heard "please stop" by the victim,
even though she sensed the defendant moving behind her,
she did not see the defendant's actions on the train.
The only fact that can be acknowledged from Ichimura's testimony
is that the defendant was pulling on his jacket caught by the doors
10 miniutes before the victim said "please stop."
Although this fact supports part of the defendant's explanations,
it does not directly support
the exact actions taken by the defendant
at the time of crime.
Because this testimony is logically consistent with the fact that
the defendant was committing acts of groping during this time,
just because such testimony is accepted by the court,
does not mean it serves as an evidence that disproves the fact that the defendant is the true offender.
Even upon examination of other claims made by the defendant,
there are numerous suspicious points in his testimony,
and his testimony is untrustworthy as a whole, and his defense attorney's insistence cannot be accepted.
The defendant stubbornly denied committing the offense through various excuses,
and shows no signs of repentance. The likelihood of a repeated offence is undeniable.
As social concerns about the indecent actions aboard trains
and voices for eradication of such crimes increase,
we must severely punish the defendant who chose to
commit this kind of offense
to prevent future occurrences of such acts of crime.
Therefore, we must not take the defendant's criminal liability lightly...
Somewhere in my mind, I believed a judge would be able to discern the truth.
No matter how many times I told myself how tough trials are,
I really didn't do it, so I can't possibly be found guilty.
That's what I thought.
I heard a judge once said "only God knows the truth",
but that's not true.
At least I know the truth,
that I didn't do it.
Then, I am the only person in this trial who is fit to judge.
At least, I can judge the judge.
You have made a mistake.
Because I am absolutely innocent.
I realized for the very first time...
A courtrooms is not a place where truths are uncovered.
A courtrooms is nothing more than a place where they speculate
whether or not the defendant is guilty based on collected evidence.
And the speculation is that I'm guilty.
That is the judgement by the court.
Even so...
Even so, I didn't do it.
If the defendant is dissatisfied with this judgement,
he may appeal within 14 days.
I appeal.
"Please judge me the way you would want to be judged by others"
Translated by: 8thSin Subtitled by: Marukomu