Silence Once Begun (8 page)

MR. ODA:

I do not think that you, I think, I …

[
Int. note
. Here, Mr. Oda got up and left the house in great confusion, stopping occasionally to tell me that I should not speak to his wife, his son, or his daughter, that his son was not to be believed, and that he did not understand why I had come in the first place. I apologized to him for making any difficulty, and told him that I was going to use his testimony as well as any other testimony I could find because I wanted the account to be complete. He said that this was an idea with no merit, that there wasn’t anything complete, that I should just leave.]

For the next section, I will provide you with the serialized coverage of the Oda Trial that ran in many newspapers throughout Japan during that time. The writer, Ko Eiji, was a well-known journalist with a particular stylistic approach that endeared him to his audience. Nonetheless, during these proceedings he provided a mostly clear delineation of opinion and fact. I will not give all of his serialization, but enough to make events apparent. His serialization can be divided into:

That Ko was biased against Oda Sotatsu is very evident. I ask you to understand that it is almost inconceivable that he should write in a markedly unbiased manner at this time, even if he felt differently. I do not believe that he did feel differently. I believe that he wrote as he felt. However, it is simply a fact that temperatures in the Sakai region were running very high. I like to think that if I had written a contemporaneous account, I might have kept my
equanimity and been a bit more forgiving than he proved to be. It is likely that such a hope is just a pretension. One may often (after the fact) criticize the play-by-play in a boxing match, but the simple fact is, the commentator must continue speaking, whatever he sees, however much or how little, however bad his position relative to the fighters.

I should note also that Ko is a pen name. It indicates a principle in Go, whereby a person must move a stone elsewhere on the board before playing back into a particular contested area. In this way, he sets himself up as a lover of complexities. You may decide for yourself if he deserves the name he has given himself.

Incidentally, this account was used by newspapers not only in Osaka Prefecture but throughout Japan.

Sketch of ODA SOTATSU.

ODA SOTATSU

Son of a fisherman, Oda Sotatsu. Twenty-nine years old. A product of the Osaka Prefecture school system. What was his work? A clerk in a thread concern. It has been several weeks since he was removed from the population, and why? He is accused of the abduction and perhaps murder of eleven of your fellow citizens. This young man, this quiet individual—it is rumored he has even confessed to the crimes. I give you now a pen sketch of Oda as he sits in the courtroom under the hard eyes of his three judges.

Hair cut rather short—perhaps expressly for the trial. It was rumored it was long when he was brought in. He sits uneasily in his chair wearing a very cheap suit, a suit, as someone once said, made to be hanged in. He is small of stature, and his gaunt cheeks express at least some of the savageness that must lurk beneath his unthreatening exterior. Most of all, most chilling of all to the observer is the despicable coldness of the eyes. Nothing anyone says seems to move him. He is in a globe of cold that refuses all human contact. We shall see if he can maintain the same air when the judges pronounce their sentence at the trial’s conclusion.

Sketch of JUDGES: Judge Iguchi; Judge Handa; Judge Shibo.

JUDGE IGUCHI

The first to enter. Strength of character is evident in the line of the jaw, the poise of the shoulders. One can see that the first thing Iguchi does is to fix Mr. Oda in his gaze and to hold him there, as though a hawk has beheld a mouse. His many years of distinguished trial service recommend him to us.

JUDGE HANDA

A relative newcomer, Judge Handa has seen his share of difficult and complicated cases, and has rendered many powerful and just decisions. Known for his conduct in the Misaki trial of 1975, he was feted in the newspapers at the time. Since then he has only continued his good work. If Mr. Oda believes that Judge Handa’s relative youth will be a factor in his favor, one would be startled by the optimism.

JUDGE SHIBO

It is not necessary to describe this man to the public of the Sakai region. His omnipresence in community affairs and his generosity make him a distinguished role model both for our youth and for those of us who still can change for the better. He is active as a professor in university as well as in his judicial vocation, and it is clear that the case benefits from his presence. A tall man, he is known for a habit of holding one elbow with the fingers of his opposite hand while considering a case (as shown in last year’s famous and excellent judicial illustration by the artist Haruna).

I hardly think the public could be better served in this case.

Sketch of Prosecution and Defense: Prosecutor Saito, and Defense Counsel Uchiyama.

PROSECUTOR SAITO

Known for a time as the man with the 100 percent conviction rate, a prosecutor consulted for many years by other lawyers in districts far afield for his definitive opinions, Prosecutor Saito comes with the very highest possible honors to this trial. It is rumored that his pretrial investigations have led him to another certain conviction. We shall see the effect of that ourselves. It was said at one time that as a young man, Saito resembled a heron. Whether this was meant with a view to humor or to the establishment of dignity, who can say? If he remains a heron, it is one in flight. When he lands to wade in criminal waters it is a sacrifice he makes on our collective behalf.

DEFENSE COUNSEL UCHIYAMA

In fifteen years of service, the stolid Uchiyama has kept his search for the truth at the forefront of his pursuit of excellence. His sturdy build and strong face should reassure the public; he does nothing without thought for the victims, for the populace, for justice, and for the eventual absolution of the criminal. Well-known among his comrades, he has earned a fine reputation. We look forward to seeing his work in this trial.

DAY ONE

Oda Sotatsu is brought into the room. He is seated. He, Prosecutor Saito, and Defense Counsel Uchiyama await the entrance of the judges. One by one the judges enter the room and are seated.

The rumor is that while in police custody, Mr. Oda refused to speak. It is said by some in the radical press that he was treated badly, and that view may well be borne out by the poor health he appears to exhibit. However, opponents of that view would be quick to point out that remorse could easily be destroying his health. Whatever the case is, we shall see if he continues his silence into the trial.

The prosecutor and defense counsel approach the judges. Some discussion is evident. They return to their places. The prosecution presents its indictment. Oda Sotatsu is accused of the abduction and murder of eleven individuals. When the charges are read, Mr. Oda is unmoved. His knuckles are not white, his pupils do not dilate, his brow does not quiver. He is quite unmoved.

Nothing seems to touch him as Prosecutor Saito speaks, not even the reading aloud of a damning document signed by Mr. Oda himself prior to reaching police custody. It is a confession, but it is not a confession signed and countersigned legally in the eyes of the law. It may show his guilt, but whether it can be considered the equal of a properly-arrived-at-confession is a matter to be discovered in time.

The judges confer. The question is brought to Oda Sotatsu and to Defense Counsel Uchiyama:

Will Oda Sotatsu admit or deny the facts as set down in the indictment?

Oda Sotatsu speaks. It is as though he is summoning up words from deep within him, with great difficulty. At first what he says cannot be made out. Judge Shibo asks that he speak louder. He is made to speak louder. He says,
He does not know about the facts of the indictment, yet he holds to the confession that he signed, as he signed it
.

This is not good enough for the judges. Again, he is asked, concerning the facts of the indictment prepared by Prosecutor Saito, does he admit or deny them? Mr. Oda repeats himself. He does not know about the facts of the indictment, yet he holds to the confession that he signed, as he signed it. Mr. Oda is told that he has just heard the indictment. He cannot be thought ignorant of the indictment. What is being asked of him is that he simply admit or deny those facts. Mr. Oda speaks again, he says that he, while aware of the indictment, nonetheless can neither admit nor deny it, rather, he respectfully holds to the confession that he has signed, as he signed it.

Through all this, Defense Counsel Uchiyama appears greatly chagrined, but attempts to appear unmoved. Can it be he did not know this was going to happen?

The judges call for a recess. The trial will continue on the following day.

DAY TWO

Oda Sotatsu is brought into the room. He is seated. He, Prosecutor Saito, and Defense Counsel Uchiyama await the entrance of the judges. One by one the judges enter the room and are seated.

The judges announce: it has been decided that, as the general effect of the language present in the confession is a mirror to that of the indictment, it is legitimate and appropriate that admitting the facts of the confession is identical to admitting the facts of the indictment, and that as a practical matter, it shall be considered as such in this case.

The court will therefore be recessed for the day, and on the following day Prosecutor Saito will present his case.

CONDITION OF MR. ODA

It has become known that Oda Sotatsu has, at some point in the week previous, stopped eating altogether. At the point of the trial’s inception, he was on the fourth or fifth day of his fast. In the radical papers, it is being called a hunger strike. We see no grounds for that, as it is not apparent that Mr. Oda’s fast has any purpose, or any possible object. Certainly, Mr. Oda has not made that object known.

ATMOSPHERE IN THE PREFECTURE

While staying in the region for the trial, I have witnessed a huge outpouring of emotion. There is great hope that the trial may move Mr. Oda to confess the location of the victims of the Narito Disappearances. Whether that will happen or not is, however, completely unknown. It is even espoused in some legal circles that the trial may be lengthened in the hopes that the particular sort of pressure it exerts might be helpful in eliciting a full disclosure by Mr. Oda. Whether that will be the case or not is unclear. Certainly it appears that no effort has been spared in the selection of the individuals involved in the trial. Also, the results of Prosecutor Saito’s pretrial investigation have not yet been made known. It is quite conceivable that he has discovered information that may be of use.

[
Int. note
. I had intended to give you more of Ko Eiji’s serialization, but I find that I want, again and again, to intercede and explain things. Therefore, I believe, we will continue, as if on foot, together. I decided to try to find Mr. Ko; indeed, I managed to find Mr. Ko, and he consented to speak to me about the trial. I present the results of that interview below.]