Chapter 13

Chieko’s trial began at 9 am in the Tokyo District Court in Chiyoda City, Tokyo. The Japanese system is uniquely different from American courts in that the case is tried by a panel consisting of six lay judges, chosen randomly from the public, together with three professional judges, who come together for a single trial (like an Anglo-American jury) but serve as lay judges.

Japan was influenced by the European inquisitorial style of French and German law, where judges and the prosecutor had the responsibility to find the fact and apply the law. After 1948, the courts in Japan were influenced by the American adversarial system.

Chieko sat stoically, looking repentant in the defendant’s box.

The courtroom was laid out such that facing the judges panel, the prosecutor’s table was on the left side of the courtroom, and the defendant’s box is in the center of the courtroom facing the judges panel with the defense counsel on the right side of the courtroom.

When the chief judge called the court in session, the charges were read. “Will the defendant rise.”

Chieko stood with her hands folded in front of her with her head slightly down. “Chieko Fujiwara, you are charged with two counts of assault with a deadly weapon [knife], extortion, fifteen counts of assault and battery, kidnapping and conspiracy to commit rape of a minor and attempted rape of a minor.

“Is the prosecution ready to present its case?”

“Yes, your Honors, we are.”

“Is the defense ready?”

“Yes, your Honors.”

The chief judge said, “Let’s begin”

“May it please the court, Under the Supreme Court of Japan, case # 1999 (A) 96, rendered on July 7, 2000, states ‘When a person who believes he or she has been defrauded in any way, and distrusting the other party’s intentions, records a conversation with the other party for use as evidence, this act is not unlawful even if it is done without the other party’s consent, and the tape recording is admissible as evidence. The right to privacy issues come into play if that person decides to broadcast the recordings but does not come into play if they are to be used in a legal proceeding.’”

“We call Emiko Tanaka, now Mrs. Emiko Suzuki, to the stand.”

Emiko was seated in the witness booth and sworn in. The prosecutor continued with, “Mrs. Suzuki, when did you start to make recordings of your interactions and conversations with Ms. Chieko Fujiwara?”

“Two days after I met her. The first day, she tripped me as I took my seat after introducing myself to the class. The second day, she along with Ayako Ono and Akiki Yokoyama confronted me in class and demanded that I begin to pay Chieko-san ¥2,000 per week protection money. She said that a little girl like me needed protection. She also threatened me with bodily harm if I told anyone one about the extortion.

“My boyfriend, Yoshi Suzuki, who is now my husband, suspected that I was being bullied, but I refused to discuss it with anyone for fear of being hurt. He texted me and told me to start recording all of our interactions on my phone using voice notes, which I did.”

The prosecutor turned to the panel of judges and said, “Honored judges, what we will now do is to introduce those recordings into evidence and play them for the court. Mrs. Suzuki will narrate what was happening with each scenario she recorded.”

The rest of the day was spent playing the recordings for the court, and Emiko elaborating what was going on. They went through the recordings of day after day of the morning ritual of forcing Emiko to drink a cup of each girl’s urine, and how it progressed to removing their panties at knife point, physically collecting their urine before drinking it, and finally smelling each girl’s vulval area. That took up most of the morning. They broke for lunch at 1:30 in the afternoon.

The prosecutor met with Emiko for a few minutes and told her she was doing just fine. “After lunch we intend to play the segments of threats and assaults to show a pattern of physical threats and fear that was instilled in you to prevent your getting help from friends, family or the school.”

The afternoon was spent listening to taped conversations of Emiko being threatened, slapped across the face, kicked in the stomach on the school roof and poked in the temples and head. Emiko provided commentary and narration for each of the incidents.

Several of the lay judges were visibly moved throughout the day listening to Emiko being forced over and over again to drink urine, and to be beaten as Chieko sat on top of her repeatedly slapping her face and screaming at her in a rage. They kept looking at Emiko’s tiny girl-like appearance and were shocked that a girl that small was subjected to such treatment.

The day ended and Emiko was told that they would finish up the next day. Then the defense would plead their case. He did say, “Mrs. Suzuki, I have to warn you that her defense is rather moving also.”

They continued the following day and finished the recordings. As they went through the events of the last afternoon and the events in the music room and activity field, The court listened to Chieko’s calm explanation of how organized crime was behind this and that if Emiko didn’t comply, her life would be in danger. They listened as Chieko ordered Ayako and Akiki to strip Emiko naked.

“What happened after that, Mrs. Suzuki? It seems that your recorder was shut off. Was it discovered that you were recording the scene?”

“No, they never did find out I was recording the events. Otherwise, the phone would probably have been destroyed. I don’t actually remember. As I stated yesterday, I had sewn pockets into my skirts to hold the phone. I had my hand in my pocket holding the phone when Chieko told them to strip me. I think that I turned off he phone so I could have both hands free to defend myself. When Akiki grabbed the waistband of my skirt, I leaned back and did a leg lift and kicked her squarely in the chest. She then flew backwards about ten feet falling into a row of chairs. I then flung my head back and hit Ayako in the nose. When I did that, she let go of my arms and I reached in my pocket for my phone because it was the only thing I had that I could use as a weapon.”

“When Chieko started to come at me, I swung the phone and hit her in the temple, I think. I hit her somewhere on the side of the head and she fell to her knees. I bolted towards the door, but Akiki grabbed my shirt. I broke free, but she tore the buttons off my blouse, and it flew open, and she lost her grip.”

“I made it through the door and turned left to the nearest stairway. I don’t remember too much after that. It was all a blur. I heard that I was taking a flight of stairs in two jumps, but I was simply trying to flee as quickly as I could.”

“I really do not remember anything else until Ayako, grabbed the collar on my blouse. My boyfriend, Yoshi, was running towards me at an angle to cut us off, but I never saw him or knew anything. I was trying to run for my life. When Ayako grabbed my collar, I almost got yanked off my feet, but I fought to maintain my balance and keep moving forward. I didn’t want her to get her hands on me because she is bigger and a lot stronger than I am, so I swung my arms backwards hoping that she would pull my blouse off and I could still run away from her.”

The prosecutor cut in asking, “Weren’t you afraid of running in a public area of the school with lots of kids watching and being topless?”

“All I could think about was getting away from her. I thought being topless was better than being caught. Anyway, my wrist got caught on the sleeve, and I tripped, falling flat on my chest. The next thing I knew she was kicking me in the stomach. That’s when Yoshi grabbed her and pulled her off me.”

The prosecution then showed Chiko’s uncensored video of the scene showing Emiko running topless, and it visually verified what Emiko had just testified to. The prosecutor said, “Your Honors, we have no further questions.”

The defense attorney had no questions he could ask that could cast doubt on the video and audio recordings. They spoke for themselves. He stood and said, “We have no questions for this witness.”

It was 3 pm when the prosecution rested its case. The chief judge then dismissed court for the day, and stated that the defense would present its case beginning the following morning at 9 am.

The Suzuki’s were back in court for the 9 am start of Chieko’s defense. Emiko had been told that she had a very credible defense with concrete proof. Emiko was not a vengeful person. She said that she would approach the proceedings with an open mind.

The defense Attorney began by saying, “Your Honors, and fellow citizens. The evidence we are about to present and enter into evidence is very graphic and extremely unsettling, but we intend to prove the extreme, extenuating circumstances behind Chieko Fujiwara’a actions.”

“It is a terrible thing to be controlled and dominated to do things against one’s will. Ms. Fujiwara knows all too well what Emiko Tanaka went through. Chieko Fujiwara was dominated, controlled, and sexually molested nd raped by a father who was fueled by a perverted lust for his daughter, power and money. We would like to enter into evidence, the following photos taken from both his cell phone and a desktop computer located in his home office.

There were gasps and emotional responses to the photos that flashed on the court monitors. Photos of Chieko posing nude in various positions, some with her legs open and pulling her labia apart. Others of her masturbating herself, and a video of an unknown girl giving her oral sex. As the slide show was running, He said, “Chieko also knows the terror and shame of being forced to submit and do something disgusting and debasing a child of her age should not have to endure from anyone, especially a parent.”

“She was terrorized and believed that if she did not do what her father ordered her to do, she would suffer extreme physical harm.”

“Chieko Fujiwara has been incarcerated since the day after the incident at their school where we saw Emiko Tanaka running in that school yard. The whole purpose of incarcerating someone is to rehabilitate them and return them to society as productive, law abiding citizens. At this time, we would like to introduce into evidence reports furnished by the matron staff’s commanding officer and assistant warden and her therapist that Ms. Fujiwara has made a very dramatic change and has shown a behavior change of 180°. Ms. Fujiwara has undergone cour-ordered therapy since she has been incarcerated. Although conversations between a doctor and patient are privileged information, she has consented for the following taped conversation between her and her therapist to show how remorseful she is of her actions, the fact that she blames no one for her actions despite her years of abuse by her father. Let’s listen to this portion of a conversation with her psychiatrist. The conversation will open with Ms. Fujiwara speaking.”

They started the tape...

“ ... Well, I’ve been thinking a lot about the future. I have fallen in love with a girl here.”

“Oh yeah, what’s her name?”

“Miki. Miki Sato. She’s the sweetest little thing and she loves me with her heart mind and soul. I love her so much, and when we get out of here, we want to get married, and try to have a baby.”

“How do you plan to do that?”

“Well, we’d fertilize one of my eggs and she would carry and deliver the baby.”

“Does she feel the same way as you do?”

“Very much so.”

“Why the sudden change in direction? What is it that compels you to want to marry and start a family instead of blackmailing and forcing other girls into prostitution?”

“I’m tired. I’m tired of hurting people. What’s changed me is trealizing he fact that I’m scum. My life has proved I’m scum and did anything to exercise power and control over someone else. I know now that even though I was abused and raped, how I dealt with that abuse was my responsibility; I can’t blame my actions on anyone else. What’s unfathomable for me to understand is that this little girl loves me. She knows I’m scum and what I’ve done, but she loves me anyway. Now, her love is the compelling force and reason I want and need to change.”

Emiko put her hands in her face and cried. She realized that all the years she was bullied and tortured by other girls, she never once thought that maybe they were in as much pain as she was. She had come to believe in the Christian God because He delivered her from her tormentors, but He also gave her someone who would love and cherish her for who and what she was. Didn’t her God say to forgive our enemies and to pray for them?

She knew the power of what someone’s love and acceptance of us despite all our shortcomings and failings could do.

Chieko’s defense attorney continued his plea. “Again, I ask your Honors, isn’t the purpose of sending a person to prison is to rehabilitate them, change their way of thinking and living?”

“Ms. Chieko Fujiwara throws herself on the mercy of the court to hopingthat the court will see that change in her. She accepts full responsibility that she has done wrong― regardless of the reason ― and knows that all things happen for a reason. Her incarceration has been the best thing in her life. She has found love. A life-changing love that has opened her eyes to a new way of living. To live for love rather than making someone suffer for our own pain.”

As Chieko listened to her attorney’s impassioned speech, she felt shame and guilt at deceiving the court with the false sexual abuse charges, but she HAD changed. She never wanted to so anything like that ever again. All she wanted was to love a little girl, get married and have a family: just like Emiko. If she was granted ger freedom, she vowed she would live a whole new life.

Her attorney finished with, “May it please the court, Ms. Chieko Fujiwara would like to take the stand.”

After being sworn in, Chieko sat with her head held high. She started looking at Emiko and saying, “Emiko, I am truly, truly sorry for what I made you do and the way I treated you. I ask you to please forgive me, I want you, the court, and the world to know that I have truly changed. I found what you have found, Emiko. Someone who truly loves me. There are things I can never change like the past and you with your medical condition, but we have both longed for, and wanted a true and lasting love that would complete us and make us whole. We have both found that love.”

“I cast myself on the mercy of the court and beg forgiveness and a chance to start a new life with the person I love with all of my heart We both wish to be productive citizens and raise a family. Thank you.”

Each side made their closing arguments. The prosecution congratulated Chieko for her about face, but that did not excuse the fact that she committed not one, but several serious felonies and needed to suffer the consequences of her actions.

The defense again stressed the point that justice had been served and that Chieko had reformed herself and was no danger to society. The chief judge then called for the deliberation. He struck the gavel, and the judges retired to decide Chieko’s fate.

During the wait, EMiko and Yoshi asked the prosecutor how he thought the verdict would go. The prosecutor said, “A key feature of Japanese courts is the emphasis on wakai settlements by mutual agreement of the parties, with no loser or winner. These settlements have the same effect as a court judgement according to the Code of Civil Procedure, article 267; Civil Execution Act, article 22. I think they will ask for a settlement and give her time served with a period of supervised release, a type of parole, but with more oversight.”

He asked Emiko, “How would you feel about that?”

Emiko looked at Yoshi and replied, “I’ll forgive her. If what she says is true, she is as entitled to love and a second chance as anyone else. Yoshi’s love and acceptance of me has radically changed my life and the way I think about myself. I would agree to that kind of settlement. If she was released with supervision for a period of time, I would be content with that.”

Sure enough, when the panel of judges reappeared to deliver a verdict, they asked for the wakai settlement. The prosecutor asked for the stipulations that Emiko suggested and agreed to time served on condition that she be sentenced to five years of supervised release.

The agreement was struck, and the verdict recorded. Chieko would be released in two weeks’ time to start her supervised release.

Her attorney told her that the very next day, he would be filing for Miki’s release. When Chieko returned to the detention facility and Miki heard the verdict, she was ecstatic, but then she was sad thinking that she might be left behind while Chieko went free. Chieko assured her that the two of them would walk out of prison together, to marriage and a new life.

Miori and Oji [uncle] arrived home from the aquarium. Both were unusually quiet, and she asked, “What, you two didn’t have fun at the aquarium? Maybe you two need to pick another favorite place to go.”

He replied, “No, we had a good time, but we also had a serious talk about why our little princess has been so sullen lately. Didn’t we, Sweetie?”

Holding his hand, she looked up with a forced smile and nodded.

Satomi looked first at her brother, then her daughter and back again. She sensed something was amiss and asked, “Is there something you two need to tell me?”

Miori looked at her Oji and he at her and they nodded together. He told his sister “Sit down, we need to talk.”

After sitting at the dinner table, He asked, “‘Satomi, do you love Miori?”

With a huff, she replied, “What kind of stupid question is that? Of course, I love my daughter.”

Shigiki turned serious and said, ‘Stop being so dismissive! This is a very serious discussion. Now, Do. You. Love. Your. Daughter?”

Satomi became indignant and said, “Yes! I love my daughter ― with all my heart.”

“Don’t look at me, look at Miori and tell her.”

Satomi took Miori’s hands in hers and said, “Baby, I love you more than anything in the world.”

Oji asked, “Is here anything that would cause you to stop loving Miori?”

Again, looking into her daughter’s eyes, Satomi said, “There is nothing that would ever take my love away from you. Darling; you’re my daughter. I will always love you.”

“Tell her, Miori, tell her how you feel deep in your heart.”

The little girl started to cry and said, “Mama, I’m pretty sure that I am gay. I believe I’m a lesbian who likes girls, not boys.”

Satomi’s entire demeanor sank, and her shoulders slumped. Her face went blank. Shaking her head, she said, “Wh-wh-when did you c-c-come to this conclusion?”

“Mom, I’m fifteen. All my girlfriends have been attracted to boys since we were twelve! I have never ― ever ― felt any attraction for any boy no matter how cute he was. But I have felt feel things inside when I see a pretty girl that catches my eye. It’s like I act the same way my girlfriends and other girls act when they see a boy they like.”

‘I can’t believe it. I just cannot believe it ... My daughter, the lesbian, will never get married, or have children ... What will our friends and relatives say?”

Shigiki answered, “Even though your daughter is a lesbian, she can still get married and still have children.”

“But it’s not the same.”

“Why not? She can have her own eggs fertilized and deliver her own child.”

“What? Are you her gay rights champion, my liberal, westernized brother? It’s easy for you to say, she isn’t your daughter!”