Photo/Illutration Hideko Hakamada informs her brother, Iwao, that prosecutors would not appeal a high court ruling calling for his retrial. (Provided by group supporting Iwao Hakamada)

Tears of joy were shed by lawyers and supporters of Iwao Hakamada on March 20 after they learned prosecutors would not file a special appeal of a high court ruling calling for his retrial.

Hakamada’s sister, Hideko, 90, met with reporters outside of her home in Hamamatsu, Shizuoka Prefecture, and said, “All my fatigue until yesterday just blew away. I am so happy the only word I can think of is ‘thank you.’ I also express my respect to the prosecutors for not filing an appeal.”

Hideko informed her brother of the prosecutors’ decision, but she told reporters that he showed no response to the good news. Iwao has suffered from mental problems due to the long time he spent on death row.

Prosecutors had until March 20 to make an appeal, but informed Hakamada’s legal team that they would not do so.

Hakamada had been on death row for decades for the murder of four individuals in what is now Shizuoka city in 1966.

Hakamada’s lawyers had decided to hold a news conference regardless of what decision was made by prosecutors.

One of the lawyers, Hideyo Ogawa, entered the conference room with tears streaming down his face.

“I thought there was no reason to make a special appeal, but I am really happy,” Ogawa said. “I want a not guilty verdict for Hakamada as soon as possible.”

The Shizuoka District Court will be the site for Hakamada’s retrial and he is expected to be exonerated of the murder charge.

The head of the legal team, Katsuhiko Nishijima, blasted the prosecutors for what he called “wasteful legal proceedings” that only served to add to the worries of Hakamada and his sister for many years.

“I want the retrial to start as soon as possible so we can prove Iwao is innocent,” Nishijima said.

He also called for a comprehensive reform of the legal system regarding retrials in light of what he said were tactics to prolong the proceedings by prosecutors.

For their part, prosecutors did not give a clear reason for their decision to not appeal, but one expert said they likely realized there were no logical explanations to back a decision to file a special appeal.

Provisions for making such an appeal call for a clear constitutional violation or violation of past court verdicts.

Toshiaki Fujii, a criminal procedure law professor at Nihon University who once worked as a prosecutor, said, “There would have been a high hurdle to overcome to overturn the Tokyo High Court decision (for a retrial) before the Supreme Court.”

But another lawyer who also once worked as a prosecutor said a special appeal should have been filed.

Yasuyuki Takai said prosecutors handling the retrial case before the Tokyo High Court did an inadequate job over the main point of the case—the change to a blood stain found on clothing alleged to have been worn by Hakamada at the time of the murder. Takai said prosecutors should have filed a special appeal and sought out an expert who could provide a scientific assessment of how the blood stain could have changed color.

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