As written by the American father.

On Jan 9, an American married to a Japanese was arrested for arguing with his Japanese wife. The wife claimed he physically assaulted her, by punching her in the head twice and shoving her to the floor causing her injuries to the head, back, knee, lower leg, and knee. The American husband denied hitting his wife with an open fist, but admitted that he pushed her away from his body only after she pushed him. He told the police the wife appeared to fake falling down, then stood up and called the police. The two of them were arguing over the kids. The Japanese police arrived at the apartment within 5 minutes and arrested the father for assault. Under Japanese law they can detain a suspect for 23 days before releasing them or pressing charges. During the 23 days, hereinafter called the pre-indictment period the Japanese Police and Prosecuting Attorney interrogate the suspect and gather evidence.

After the initial 48hrs, the Japanese Prosecuting Attorney (PA) has to release the suspect or request a judge to hold the suspect for an additional 10 days to continue investigating. After the first 10 day extension period the Prosecuting Attorney can ask the judge for another 10 day period, at the end of which he must indict the suspect or release him. Upon each request for an extension the suspect is supposed to be allowed to argue for his release in front of a judge. The American who was arrested denied he caused his wife any bodily injuries and denied hitting her in the head, he asked the prosecuting attorney to provide some clear proof such as pictures, x-rays, and medical reports of the injuries his wife claimed. After the initial 48 hrs Jan 11th, the American went before the judge and asked her to release him or have the PA indict him. The judge refused both request on the grounds the PA needed more time to investigate the case.

The PA received a medical report from the doctors at Teikyo University Hospital on Jan 11th claiming the American's wife sustained injuries to the head, knee, back, thigh, and lower leg that would require 10 days of medical treatment. The PA never gave this report to the judge until the 20th day of the pre indictment period, the American was given only 1 opportunity to argue his case against the judge and that was after the initial 48hrs.

The PA attorney withheld evidence to force the American into a confession. The American refused to confess and was indicted Jan 28th. He was charged with bodily injury to his wife. After the indictment he was placed in solitary confinement with rapist, murderers, and criminals who committed a serious crimes. His trial date was set on March 10th, 2005. At the trial the American told the judge he wanted to end the case as soon as possible to get out of jail, but he didn't admit that he caused any of the injuries his wife claimed.  He asked the PA to show some clear medical proof of the injuries such as x-rays, MRI, and pictures, the PA's only evidence was the medical report. The Americans' court appointed attorney advised him not to argue against the medical report if he wanted to get out of jail.  To argue against the report would mean he would have to stay in jail for at least 5 more months. The American told the judge he questions the PA tactics of withholding the medical report during the pre-indictment period and argued that he should have been given the opportunity to argue against the report during the pre-indictment period. The judge said he would issue sentencing March 17th.

The Americans wife and her attorney was in the court room on March 10th, after the judge issued the date for sentencing everyone knew the American would most likely be released in one week. On the very same day March 10th, the Americans wife filed a claim in civil court seeking a Protection Order for Domestic Violence based on the guilty verdict in the previous case. The American was to be sentenced on March 17th, 2005 at 17:25. At exactly exactly 17:30 on March 17th, 2005 the American was to attend another trial for Domestic Violence Protection Order. The Protection order was sought for the wife and all of the Americans kids. The American asked the judge to postpone the trial to give him time to prepare, consult with an attorney, and to see his children, the judge agreed to postpone the trial, but for only 7 days. The American went to see his children but the wife and kids had vanished. The international school the children attended said the mother removed them from school one day before the father was released from jail. The American was searching for his children, while trying to prepare for the Domestic Violence Protection Order Trial all within a week. The American was only able to find out that his wife had moved with the children to a Domestic Violence Center. Realizing his chances to see his kids again were starting to slip away and his fate had been sealed in the criminal case the American tried to prepare to fight against the Protection Order.

His wife finally produced some pictures that are very grainy, dark, and blurry that show no signs of an injury. She produced two pictures dating back over close to two years that show 4 scratch marks which look like cigarette burns on her wrist, and one scratch in the middle of her hand. Somehow a doctor at Teikyu University Hospital issued another medical report claiming the bone in her wrist was almost broken. The American argued against the pictures and medical report stating there should be x-rays and MRI to show these injuries and the medical report has no medical facts. He also argued that the pictures appear to be forged, and the pictures of injuries to the wrist were over two years old, and he did not cause any of the injuries. He argued that the wife, her lawyers, the local police, and the prosecuting attorney was setting up a sequence of events to frame him and help his wife take custody of their children. He told the judge, Tomoko Tukamoto,  that the protection order his wife and her attorney were seeking was only to try and prevent him from taking his children to America and they were violating the law by not allowing him access to his children, and abusing the law to legally kidnap and hold the children hostage.

Judge Tomoko Tukamoto in the Protection Order Case ordered the American to stay away from his wife and children for 6 months, thus giving the wife time to hide and try to get the divorce settled and custody. The American argued that the judge Tukamoto should at least order the wife to send the kids back to international school, but the judge said she had no power to do such, the American argued that nothing in the domestic violence law allowed the wife, nor the domestic violence center to take away his parental powers and that one of those was the right to educate his children, seeing that they were already in school the mother could not take them out legally w/o his permission. Judge Tomoko Tukamoto simply said she had no authority to make the mother send them to school. What has happened here is very common with westerners and Japanese who have children and the Japanese government assist the women in kidnapping the children, taking them completely away from their western father and western culture.


[The following letter was included with this report.]

Dear Counselor,

As you know, I was arrested on January 09, 2005 on the charge of Bodily Injury, Violation of Article 204 of Japanese Criminal Code. The trial date was March 10, 2005, I adamantly denied the charges and the techniques employed by the Japanese Prosecuting Attorney, evidence was withheld and I was not given an opportunity to argue against the evidence in the pre-indictment stage, but on the other hand, I accepted the charge in order to end the case so that I could see my children and get out of jail. The judge set the ruling and sentencing date for March 17, 2005 at 17:25. March 10, 2005 my wife filed for Domestic Violence Protection Order. On exactly the same day as my ruling and sentencing, March 17, 2005 at 17:30,

I was to face a trial for Domestic Violence Protection Order. The judge in the Domestic Violence Protection Order agreed to allow me only one week to prepare for the case. I argued against the protection order on the grounds that the evidence produced was fabricated. Pictures submitted in the Domestic Violence Protection Order was not produced in the criminal case. Only the medical report (no x-rays, mri's, ct-scan, regular picture of injuries), sworn statements, and police pictures re-enacting the crime scene were used as a basis for a guilty verdict and sentencing in the criminal case. The Domestic Violence Protection Order Case was based on the guilty verdict in the criminal case, two pictures of five small scratch marks on my wife's left wrist and one in the palm of her left hand that were nearly two years old, and statements taken from a diary/notes (no original notes/diary).

According to the Domestic Violence Law the judge could prevent me from approaching the children at their domicile, school, and any place they are staying, in addition to loitering in the vicinity of their domicile, school, and any location they normally frequent in order to prevent harm to my wife. I told the judge the my wife and her lawyers were abusing the law to prevent me from seeing my children to give her the upper hand in a custody battle, and to prevent me from possibly taken the children to the United States, and this had nothing to do with Domestic Violence. My wife and I have the same address on the Family Register as our place of resident and the Domestic Violence Law stipulates that a spouse can only be removed from his place of resident for only 2 months. Although I argued my points according to the Japanese Law, the judge merely held her down without looking me in the eye and read a ruling preventing me from approaching my children for six months.

The boys attend <deleted> International School. According to the school my children have not attended since March 16, 2004. I asked the judge in the Domestic Violence Protection Order Case to at least tell the mother to send the boys back to school. The judge refused on the ground that she did not have authority. I argued to the judge there was nothing in the Domestic Violence Law that restricts my parental authority, gives the mother sole parental authority, and allows the domestic violence center the right to take my children out of school. The judge merely said she could not make the mother send them back to school. I believe my wife is suffering from a mental illness, possibly acute PAS (Parental Alienation Syndrome) and that my kids could be at risk of being harmed both physically and mentally. I am requesting my counselor to contact the children and determine the following:

1. The physical health of the boys
2. The mental health of the boys
3. Are they being held against their will
4. Are they attending international school
5. Are they suffering from the effects of Parental Alienation Syndrome
6. Do they want to see their father, and let them know I love them ( if possible )
7. Can I send them letters, pictures, e-mail (if so, where to)

Update April 24, 2005

March 24, 2005 at Kawasaki Municipal Court, located in Kawasaki City Japan during my Domestic Violence Protection order case the judge had me sign a document in which I assumed meant that I appeared in court to attend the case. The court interpreter nor the court clerk (Tomoko Tukamoto), never said the document was for a copy of the ruling in the case. On April 5, 2005, 13 days after my appearance at the domestic violence case I consulted with an attorney at the Japan Legal Aid Service and sought assistance in filing the appeal documents for the 6 month protection order. Normally, appeals should be within 14 days from the date of the court ruling, but in domestic violence cases appeals must be within 7 days. At my legal consultation meeting the lawyer from the Japan Legal Aid Service asked for a copy of the original court ruling, which I did not have because the court clerk (Tomoko Tukamoto) never handed me a copy of the ruling. The lawyer went on to say he could not assist wih the appeal unless I had a copy of the court ruling. Upon hearing this I asked the lawyer to contact the court by phone to see if a copy of the court ruling could be faxed to us. To my suprise, the lawyer spoke with the court clerk (Tomoko Tukamoto), who insisted that I received a copy of the ruling and that my signature was on a document to prove it. In addition I found out the appeal must be filed within 7 days from the day of the court ruling. It appears to be serious corruption in the Kawasaki Court System. The court clerk stated the chance to appeal was lost, but I could get a copy of the ruling by going to the court and paying 150 yen.

Update May 2, 2005

When looking at the documents notice the dates of events. For example the fake pictures were not submitted in the criminal case. Once they had a conviction in the criminal case then the pictures were produced for the domestic violence case. Rather or not the Japanese PA withheld evidence is a big question.

The medical report dates should be pointed out because as I said earlier the report was clearly available after the first 48hrs?

Also the medical reports submitted in both the criminal case and domestic violence case points out 10 days of medical treatment, if you notice the dates on the fake pictures they are taken at different dates and times some past 10 days or very close to 10 days.

END