Gallows averted in a first as lay judges acquit

Saturday, Dec. 11, 2010

Defendant, 71, accused of killing, robbing elderly Kagoshima couple

KAGOSHIMA (Kyodo) 71-year-old man was found innocent Friday of murdering and robbing an elderly couple last year, marking the first acquittal in a lay judge trial in which prosecutors had sought the death penalty.

Masahiro Shirahama

It was the second acquittal in any kind of lay judge trial.

Masahiro Shirahama was accused of breaking into the home of Tadashi Kuranoshita, 91, and his wife, Hatsue, 87, in the city of Kagoshima in June 2009 and beating them to death with a metal shovel with the intention of robbing them. He denied the charges, saying he never went to the crime scene.

There were no witnesses, but Shirahama's fingerprints and samples matching his DNA were found at the scene.

"I am truly pleased that the frameup has ended," Shirahama told reporters afterward.

One of the lay judges told a separate news conference: "I feel sorry for the bereaved family, but the evidence we had was insufficient."

Yasunori Eto, deputy chief prosecutor in Kagoshima, said the district office will examine the ruling thoroughly before deciding whether to appeal.

Presiding Judge Masamichi Hirashima of the Kagoshima District Court said there were doubts about the prosecutors' arguments concerning how Shirahama was supposed to have killed the victims and how he fled the scene.

"The situation indicates a crime resulting from some sort of grudge, and we can't assume it was driven by a need for money," Hirashima said.

He also rapped the police investigation, saying efforts to collect fingerprints and palm patterns were not photographed, and there are other doubts over whether the probe was carried out in a competent manner.

While determining it is credible that the fingerprints and DNA samples match those of Shirahama, the judge said it couldn't be determined when they were left at the scene. Shirahama was also found not guilty of trespassing.

The trial lasted 40 days, making it the longest lay judge trial yet.

In seeking the gallows, the prosecutors argued that Shirahama was motivated to rob the victims because he had spent all of his pension money on entertainment, while his lawyers said it was not a robbery but a crime of passion committed by someone acquainted with the victims.

Hirashima also expressed doubt about the prosecutors' arguments concerning how Shirahama was supposed to have killed the victims and how he escaped, noting it couldn't be determined that there were no traces at the scene of people other than him, and that not enough crime scene photos were taken during the police investigation.

But he ruled out Shirahama's claim that he had never gone to the victims' home, recognizing the credibility of a crime lab report that fingerprints and DNA samples at the scene placed him there.

Shirahama could not be convicted of home invasion or attempted robbery, however, because the date of those alleged crimes couldn't be established, the judge added.