The
court found out the following facts:
(1) |
We
are in the complete dark whether
the cause of Lucy's death
was a disease or an accident.
|
|
(2) |
From
Lucy's dead body, no DNA or
anything from Obara the accused
was detected. |
|
(3) |
The
autopsy found no drug in Lucy's
dead body, which the prosecutor
claimed was the cause of her
death. |
|
(4) |
The
School of Medicine, the University
of Tokyo, conducted the autopsy
of Lucy's dead body and prepared
a document of its expert opinions.
Suring the investigation,
Obara, the accused, claimed
that he was never involved
in Lucy's death and signed
and stamped a document stating
that he would follow the results
of the autopsy conducted by
the School of Medicine, the
University of Tokyo.
The autopsy results were presented
more than four months after
the accused signed and stamped
the document. |
|
(5) |
The investigators began
the prosecution without
even looking into the autopsy
results.
(The indictment took place
on April 27th, 2001. The
autopsy result document
was prepared on August 31st,
2001.)
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(6) |
While
the prosecutor claimed that
Obara destroyed and abandoned
Lucy's dead body between the
5th and the 7th of July, 2000,
the accused was actually staying
at a hotel. The investigators
had no knowledge at all of
this fact. The general manager
of this hotel appeared at
court and presented the hotel
register of Obara and a written
record of the meal served
to him. The manager also witnessed,
in detail, that the accused
had very good appetite and
ate up everything served,
that Obara was cheerful and
talked about many things in
his room, that the manager
saw no dead body of Lucy or
anything similar to it in
the two-seater Mercedes Benz
sport car Obara was driving,
among other things. |
|
(7) |
The
investigators, in their indictment,
claimed that Lucy died in
the room of Obara, the accused,
at Zushi Marina and that the
accused destroyed and abandoned
her dead body between the
5th and the 7th of July, 2000.
To this charge, the author
of this paper asked the prosecution
to explain "when and
how the accused took Lucy
from Zushi Marina to Aburatsubo
with himself." The prosecutor,
however, was utterly unable
to explain this. The accused
was in Tokyo until July 5th,
when he went to Aburatsubo.
On that day, it has been made
clear that he went directly
to Aburatsubo without visiting
Zushi Marina and entered his
hotel soon, where he stayed
from the 5th to the 7th of
July. |
|
(8) |
In
2000, the accused was trying
to sell his room in a condominium
named "Blue Sea Aburatsubo,"
which was located in Aburatsubo,
through the agency of Mitsui
Real Estate Sales. Later,
however, the agency's person
taking care of the room said
the room was no good for sale
since its bathroom wall tiles
were in shatters exposing
the concrete wall beneath.
Obara, therefore, asked a
local interior company to
remodel the room and went
to see how the remodeling
was done on July 5th. Both
the Mitsui person taking care
of the room and someone from
the local interior company
appeared at court to witness
the above. |
|
(9) |
Back
then, many mass media reported
what the superintendent of
the condominium, "Blue
Sea Aburatsubo," said.
This superintendent, a middle-aged
woman, as well as her common-law
husband, who was the director
of the condominium then, seemed
to have some criminal record.
The defense, therefore, asked
for the two's criminal records,
which the prosecution refused
to present. When the superintendent
appeared at court, though
the defense questioned her
criminal record, the prosecution
blocked her from answering
the question. Though media
then said that the hands of
Obara the accused were covered
with cement, there was no
witness to it. It is now clear
that such media reports were
groundless. |
|
(10) |
It
has been found out that Obara,
the accused, was hurt in a
traffic accident three weeks
before July 1st, 2000, when
he went to Zushi Marina with
Lucy. Later, for this accident,
his insurance company, then
Mitsui Fire & Marine Insurance
(today's Mitsui Sumitomo Insurance)
paid Obara \3.77 million in
cash. |
|
(11) |
On July 1st, 2000, Lucy
had a "trip" with
drug tablets and marijuana
she brought with herself,
in Obara's room at Zushi
Marina. Lucy too much of
these drugs and the accused
asked a caretaker, called
"A" herein, to
take her to hospital and
then to her apartment. Later
on, we used an investigation
firm to identify this "A,"
who turned out to have died
on December 22nd, 2001.
The person most acquainted
with A, therefore, appeared
at court to witness what
he directly heard from A,
including, among other things:
that Obara asked A to take
"tripping" Lucy
to Tokyo one day in 2000
and she asked for "S"
(a stimulant called "speed")
so A gave it to her; that
Lucy died because A gave
her too much of the stimulant;
and that he carried away
Lucy's dead body somewhere.
Also, A was then having
some medical treatment for
a liver problem at Kyorin
University Hospital, whose
medical inspection record
says that A had history
of abuse of stimulants and
sleeping pills. A witness
said that the true cause
of A's death was stimulant
abuse. A died at his house
on December 22nd, 2001.
The person most acquainted
with A, mentioned above,
witnessed to the court that
A, shortly before his death,
called this witness and
screaming aloud, "I
have set Lucy to fire! Lucy
is burning!"
We now know that Lucy was
planning to, back in 2000,
go to Australia and Oceania,
after leaving Japan. Obara
the accused heard from Lucy
that she wanted to go to
New Zealand, where she hoped
to visit Montana Winery,
which won the No. 1 place
in an international wine
contest in 1997.
Kyorin University Hospital's
inspection record of A has
revealed the following facts:
キ A cut his own belly at
the age of 23.
キ Judging from all the hospital
inspection records of A
during the time period from
1994 to December 2001, when
A died, A only once received
a treatment for alopecia
areata. This was on August
19th, 2000, when Lucy was
missing and many mass media
had large coverage of it.
キ Lucy was found on February
7th, 2001, in a cave at
Aburatsubo. Then, on April
27th of the same year, Obara,
the accused, was indicted
for the Lucy case. Between
these two dates, on March
XXth, someone of Kyorin
Hosipital asked A whether
he was worrying over something.
Then, while no medical operation
was scheduled for him, A
replied, "I hope nothing
will go wrong." And
such a remark was made by
A only at this time, in
all the hospital records
from 1994 to December 2001.
In 2001, A was hospitalized
at Kyorin University Hospital
in the following time periods:
From March XXth to YYth
From M XXth to N YYth
From M XXth to N YYth
From December 5th to 18th
The hospital's record of
hospitalized patients and
their treatments show that
A often left the hospital
without permission to spend
the night somewhere else
during his hospitalization
from December 5th to 18th
in 2001. According to the
record, on December 17th,
the day before his?her?
hospitalization was over,
A came back walking to his
hospital room. On 18th,
the last day of his hospitalization,
A left the hospital on foot.
The reason for leaving the
hospital was, according
to the treatment record,
A hoped to leave because
he was going to visit New
Zealand from December 26th
to January XXth.
キ While Lucy was missing
in 2000, a court witness
said that A was searching
for brassieres with the
brand name of "London"
and that A was talking about
going to Oshima. Now, at
the entrance into the cave
at Aburatsubo where Lucy
was found, a pair of brassieres
with the name of "London"
(the brand of Michiko London)
was found.
Then, they discovered messages
about Lucy and some other
things from A addressed
to Obara, the accused.
The accused himself never
went to Oshima. X, Y, and
others found and collected,
together with the message,
the perfume Obara gave Lucy
in July 2000, the pierced-hole
earrings the accused bought
for Lucy at an accessory
store at Shibuya on July
2nd, 2000, and some jello.
As attached to the court's
record of investigation,
the message from A addressed
to Obara the accused was
as follows.
-----
With help from the investigation
firm mentioned above, we
were able to identify A.
A's name was Katsuta and
nicknamed "Kacchan."
Obara knew only of the nickname.
Around 1997, the accused
asked A to conduct an investigation
on a certain person. Obara
considered A to be a jack-of-all-trades
and informer. Actually,
in addition to being a jack-of-all-trades,
A had some business with
a "yakuza" criminal
organization's office and
served the leader as a car
driver, though A was not
a member of the organization.
A hid this fact from Obara.
Still, A wore long hair
and never looked like a
"yakuza" member.
He looked like an ordinary
citizen.
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|
(12) |
While
the head of Lucy's dead body
was covered with cement, it
was all in black and her hair
was lost. Dr. Masahiko Kobayashi,
a forensic medical doctor
who appeared at court, witnessed
that he would not be surprised
if Lucy's hair had been burnt.
Still, the doctor witnessed
that he had not conducted
an investigation on whether
the hair was really burnt
or not, since the prosecution
did not ask him to do so.
--- Why was that? If it was
burnt, it is an important
fact. Did the prosecution
really failed to investigate
on such an important fact,
while it did have a DNA inspection
of the hair?
Also, the mouth of Lucy's
dead body was filled with
some black substance spilling
out of the mouth. It looked
like purely black coal tar.
While blood and some other
biologic fluids turn black
after some time, but this
particular substance was not
comparable to any of them.
It was purely black, just
like coal tar.
This black substance filled
up the mouth, was spilling
over it, and covering the
whole of Lucy's head. Analysis
of this black substance could,
with good probability, have
clarified the cause of her
death.
At court, however, the prosecution
made clear that it threw away
this black substance.
Obviously, such throwing away
seems to be an effort to destroy
evidence. The investigators
were directly indicted by
the special prosecution for
allegation of abuse of its
office and destruction of
evidence. In other words,
the investigators destroyed
important evidence when they
disposed of the black substance
covering the whole head and
filled the mouth of the dead
body, which could have led
to identification of the cause
of Lucy's death with good
probability. This destruction
by the investigators themselves
should be a serious issue
in the future of this trial.
Now, since the prosecution
made clear that it disposed
of the black substance, enlarged
photos, etc. of Lucy's head
covered with the substance
have been passed down to many
medical experts, including
those of forensic medicine.
Here in this paper, only those
of the black concrete, other
than the dead body, are to
be XXXed. |
|
(13) |
The prosecution, in its indictment,
claimed that Lucy died in
Room 4314 of Zushi Marina,
sometime between the evening
of July 1st, 2000, and the
dawn of July 2nd. It also
claimed that Obara, the accused,
destroyed and abandoned the
dead body in Room 401 of Blue
Sea Aburatsubo or somewhere
within or around Kanagawa
Prefecture. The substance
the prosecution claimed to
be the cause of her death,
however, was not detected
either in her internal organs
or brain. The cause of the
death remains an enigma. |
|
(14) |
Also,
Lucy was in Room 4314 of Zushi
Marina in the middle of the
summer tourism season, when
countless couples, families,
as well as their friends,
were going back and forth
throughout the day in the
facility. In addition, there
were many guards and monitoring
cameras at work there. If
Lucy became a dead body and
Obara, the accused, murdered
Lucy and carried out what
the prosecution claimed he
did, in the middle of an environment
like this, when and how did
he do it? The prosecution
has yet to offer any proof
for its claim. |
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