US Navy man does in J-woman

[Greji]

The TV was reporting that this was the first case of murder by a US forces member in Yokosuka. I'm not sure that is correct.

"....US sailor admits to killing local woman outside Tokyo
Jan 06 10:32 AM US/Eastern

A 21-year-old US navy sailor has admitted to killing a local woman near Tokyo, in a case likely to reignite controversy over the American military presence in Japan, police said.

Japanese investigators spoke to the serviceman at a US naval base in Yokosuka, at the mouth of Tokyo Bay, where he has been put in confinement, a media relations official at Kanagawa prefectural police said.

"The suspect has basically admitted to the murder when he spoke during the voluntary questioning," the official said, adding that the suspect is a black male crew member of the Yokosuka-based US aircraft carrier Kitty Hawk.

Japanese media reports have said that the serviceman has already admitted to US military authorities to killing the 56-year-old woman near the Yokosuka base on Tuesday.

Rear Admiral James Kelly, the top US Navy officer in Japan, visited the local municipal administrative office to "offer apologies for the incident," said Isao Anbai, a member of Yokosuka mayor Ryoichi Kabaya's office.

"When our side asked him about the sailor's identity, Kelly said he could not give his name but could identify that he is a 21-year-old seaman recruit and a crew member of the Kitty Hawk," Anbai said.

Under a US-Japanese accord the US military is not required to hand over suspects unless they are charged...."
http://www.breitbart.com/news/2006/01/06/060106153157.5xanqzvx.html

[IkemenTommy]

Another dumb seman.. what was he thinking?

[Greji]

Another dumb seman.. what was he thinking?

He's going to have a lot of time to think about it. Sentence for Robbery causing injury is the second most severe in the J-code. This is Robbery with murder and that has a minimum sentance of life and it gets worse from there. He better hope he can cut a deal, because he has apparently admitted it to Navy investigators and that as a confession is immediately available to the Japanese by SOFA and that will be enough to convict him in J-court.

[Socratesabroad]

that as a confession is immediately available to the Japanese by SOFA and that will be enough to convict him in J-court.

Unlike the kid getting run over in Korea a few years back, this case is more like the girl's rape in Okinawa: there's no farking way this was an accident.

In cases like these, I'm all for the US gov't deferring to the Japanese judicial/penal system.

[Greji]

that as a confession is immediately available to the Japanese by SOFA and that will be enough to convict him in J-court.

Unlike the kid getting run over in Korea a few years back, this case is more like the girl's rape in Okinawa: there's no farking way this was an accident.

In cases like these, I'm all for the US gov't deferring to the Japanese judicial/penal system.

That is probably were it will end up. The system is set out in the SOFA and both the Japanese police and US military authorities understand it and it works well with joint or unilateral investigations. Only the anti-base groups and in some cases, the J-media get its functioning wrong.

The authorities of either side are required and do notify each other of offenses. At some point in the investigation, usually decided by the Japanese, they will waiver prosecutive jurisdiction, or inversely ask for it. The offender will remain in the custody of who initially identified him and has physical "posession of him". This is where the anti-people and media get it wrong. If the individual is apprehended by US Forces or it is a mutual operation and apprehension, he is remanded to custody with the US Forces, to be made available at any time the Japanese police want to interrogate him. If he is apprehended solely by Japanese authorities, he remains in their custody for the mandatory 23 days. At the end of the 23 day (maximum) period, the procurator must issue an indictment or release the individual. If the subject is released without Japanese prosecution, he can still be prosecuted by the military authorities. If an indictment is returned by the procurator, regardless if the individual is in US military custody or not, he is remanded into Japanese custody until completion of the trial.

In major offenses, the Japanese may ask for custody of the individual and if it is deemed a serious offense, the US military will normally honor the request and hand the individual over. As a matter of their own administrative procedures, the Japanese Police are required to ask for the custody of all suspects even if they know there is no reason to do so. They are even required to obtain arrest warrants for people who they know they cannot arrest, because they are in custody, held in some form of arrest by the military. This is the typically bureaucratic red tape. These are requests are equally routinely refused by the US side in accordance with SOFA and this is what the media and anti-base boys get up in arms. They think the US is violating Japanese law by harboring a fugitive.

As I said in a major case, particularly a capital case such as this one, the Japanese will ask for a waiver of custody of the suspect and the request will be usually be honored by the US side. I believe the seaman in question was made a guest of the Yokosuka police effective this afternoon! I hope he likes fishheads and rice, because it will be a long time before he sees anything else and probably rightfully so. He is truly facing a stretch and maybe even that on the gallows!

[etto_neh]

Thank you for such an informative post!

[maninjapan]

He's going down and deservedly so - if you can't do the time don't do the crime. Trouble is will there be a backlash against the US Navy, Americans or both?

[Big Booger]

U.S. turns sailor over to Japan
American arrested on charges over killing of woman

Saturday, January 7, 2006; Posted: 4:04 a.m. EST (09:04 GMT)

TOKYO, Japan (AP) -- A U.S. sailor was arrested Saturday on robbery-murder charges in the killing of a Japanese woman, a Japanese police official said.

The 21-year-old sailor was arrested after he was transferred to police from the U.S. Navy base in Yokosuka, about 30 miles southwest of Tokyo, a police official said on condition of anonymity, citing police branch policy.

The U.S. military previously had agreed to hand over the sailor, who police said admitted during questioning that he killed 56-year-old Yoshie Sato. Sato was found beaten and unconscious in Yokosuka on Tuesday, and later died of internal bleeding.

The arrest warrant on robbery-murder charges was obtained by the Kanagawa Prefectural office, according to a Kanagawa police official who spoke on conduction of anonymity according to police protocol.

The suspect was being held at the U.S. Naval base in Yokosuka about 30 miles southwest of Tokyo, according to the U.S. Naval Forces Japan.

The Kyodo News agency earlier Saturday reported that the Japanese government planned to ask the U.S. to transfer custody of the suspect to the police. Hiroyoshi Ichikawa, another Kanagawa police official, said he could not confirm the report.

If the U.S. agrees to the transfer, police are expected to arrest the serviceman as early as Saturday, it said. Under a U.S.-Japan agreement, the Navy would have to hand over the sailor if Japanese authorities requested it.

CNN Story

Scumbag deserves death.

[Greji]

-snip-If the U.S. agrees to the transfer, police are expected to arrest the serviceman as early as Saturday, it said. Under a U.S.-Japan agreement, the Navy would have to hand over the sailor if Japanese authorities requested it.

CNN strikes again. Under the SOFA, the US does not have to hand him over. It is generally done in major offenses, but it is not actually required until he is indicted if he is in US custody.

By reporting it this way, the Japanese not familiar with SOFA will cry foul when another individual is not immediately turned over to the Japanese following a US custodial arrest, and cite CNN reporting that this is required. It has happened before and will happen again, because the reporters or editors do not care enough to check the details of what they print.

It doesn't matter for this dud anyway as he is way up the proverbial creek without a paddle.

[Blah Pete]

The big question is will the J-courts give him the death penalty?????

From what little evidence has been leaked through the news it seems he is farked.

[Greji]

The big question is will the J-courts give him the death penalty?????

From what little evidence has been leaked through the news it seems he is farked.

It of course, is too early to say. But, they are apparently in possession of a confession, which means indictment for sure and probably a sure conviction. Ordinarily, murder as a charge in Japan, can be classified by the degree, the intent and other mitigation can be considered, so there is room for the judge(s) to be lenient or less-strict in sentencing. The charge in this case, will probably be robbery, resulting in murder, which carries a mandatory guilty sentence of life at least, and the rope at the other end of the spectrum. The facts used in mitigation in Japanese jurisprudence are things like the accused's cooperation during the investigation, whether he displayed proper repentence for his misdeed, did he have the proper condolences extended to the family, what was the deceased's families opinion about his after arrest repentance and so forth.

Also, if it is any surprise, Japan has a lot of political agendas in cases like this that have international visability. The dealth penalty is pretty much banned throughout Europe and in the states, state by state. The recent case in California and all its adverse(?) publicity for the Governator when he stiffed that gang banger, will not be lost on the court. Japan does not like adverse press. Another option might be to sentence him to the gallows if convicted and let it be reduced to life in the appeals process.

Whatever it will be, the bloke does not have a rosey picture in front of him. I hope he went out and bought a hooker with that 10,000 some odd yen he stole from her, because the only action he's going to see for a long time, is when the fellows get him in a corner during the weekly ofuro!

[Mulboyne]

The apology. Doesn't look like the Navy coached everyone on bowing etiquette, though.

[IkemenTommy]

The apology. Doesn't look like the Navy coached everyone on bowing etiquette, though.

Nice.. it's more like gochisou sama deshita..