Chapter 49 - Light and Shadow 28 (153–156: Why a Lawyer Wasn't Used Directly for Communication)
Friday, October 20th. From the afternoon, the Violent Crimes Unit was holding a meeting regarding the interrogation policy for receiving Motohashi during the reconstruction of the crime. Since the interrogation by the Prefectural Police Headquarters team at the Kotoni Detention Center was basically supposed to be a repetition of confirming what Nishida and the others had heard in Osaka, the interrogation in Engaru would involve asking things they hadn't been able to hear until then, or things they should pursue further.
The problem was rather how far they would go. Aside from the fact that it wasn't a formal interrogation, it was ultimately necessary to coordinate with the intentions of the Prefectural Police Headquarters and the Kitami Regional Headquarters. Even if they were to hold him at the Engaru Station, it went without saying that they wouldn't be allowed to run wild.
That being the case, the first topic of discussion was naturally how deeply they should probe into who had requested Motohashi to commit the murders. A "quiet but fierce debate" was exchanged particularly between Takeshita, who stood at the vanguard of that discussion, and Sawai.
"Presumably, Motohashi was specifically instructed by Isaka to kill, and Shinoda and Kitagawa cooperated; there's no problem with that, judging from Motohashi's testimony and the accompanying corroboration. Needless to say, there are no obstacles to indicting Motohashi himself. The question is how much further the investigation will reach. Takeshita, you want to investigate even 'higher up,' don't you?"
"Section Chief! That's exactly right. I have doubts about whether it's okay to end it with just Isaka's involvement. My suspicions cannot be fully resolved even from several surrounding facts." Takeshita stated clearly and crisply.
"I can understand your feelings, Takeshita. However, I think you also understand that when the targets of pursuit are 'people in those kinds of positions,' difficult aspects arise. How much the Headquarters or Kitami will permit that—it's a pathetic story, but at the level of a local Detective Division Section Chief, I'm not in a position to provide clear support. If there were solid proof, that would be a different story..."
Even for Nishida, the Section Chief's statement was understandable. Even if the "pressure" wasn't as strong as it was eight years ago, one must have a certain level of resolve when investigating the circles around politicians. Rather than it being something the local station did on its own, higher-ranking officials would naturally bear responsibility, and in an organization, it's difficult to just run ahead with only the banner of justice.
"Nishida, what do you think?" Sawai tossed the question to him.
"Since the police are an organization, I am aware that there are limits to how much can be done individually or even as a local station, as the Section Chief says. On the other hand, I don't think what Takeshita is saying is merely a vague suspicion. In this regard, I believe it will ultimately take the form of the Section Chief and myself handling the razor-thin coordination with the higher-ups," he answered. Fortunately, Nishida believed they had established a pipeline with Kurano, the Section 1 Head of the Kitami Regional Headquarters, and Toyama, the Criminal Investigation Director of the Prefectural Police. Though he hadn't confirmed it with him directly, Takeshita was likely taking that point into consideration as well. If there was an option to utilize that to the maximum, they should actively do so.
Hearing this, Sawai asked Nishida and Takeshita:
"In the end, if it comes to that, it won't work unless the upper management (T/N: refers to the higher-ups) has resolve at the same time as we do... How is it? Since you guys are the ones meeting them directly more often, is the impression not bad?"
"I wonder..." Nishida didn't think the impression was bad, but he felt he shouldn't answer lightly and deliberately avoided a clear statement. In contrast, Takeshita looked straight at Sawai and said:
"I think there's a possibility. If we can show them a certain amount of evidence."
"True... If there's solid proof, it goes without saying. If it reaches that level, it's natural to move. Even below that level, whether we can produce something enough to move the higher-ups... Ultimately, that's what it comes down to. If Takeshita understands that, then I can feel at ease as a middle manager," Sawai said with a self-deprecating wry smile, which Nishida thought was his honest feeling as he reflected on himself as well.
Since it hadn't been officially decided when Motohashi would come to Engaru, there was no need to reach a conclusion immediately, so the meeting for that day ended with just finding a "direction." In any case, the final decision would depend on consultation with the higher-ups. A conclusion at the local station was not the final conclusion, regardless of what it was. It goes without saying that such "indulgence" justified a meeting that left conclusions ambiguous, but it was obvious that this wasn't the responsibility of only the local detectives under Sawai.
Takeshita then returned to analyzing the three letters Shiino had sent to Motohashi in prison, a task he had been working on since Osaka.
※※※※※※※ 1st Letter: Postmarked Sept 5th, Arrived at Detention Center same day, Delivered to Motohashi on the 6th
Motohashi-san,
Regarding the title of the book, as we discussed the other day,
"THE CROSS—The Cross Borne from Birth and the False Accusation Forced Upon Me"
or
"THE JAYWALKING: Self-Reflection Starting Now and the False Charges I Wore"
I am thinking of going with one of these. Which would you prefer?
Please decide by our next meeting.
Shiino Satoshi
※※※※※※※ 2nd Letter: Postmarked Sept 8th, Arrived at Detention Center same day, Delivered to Motohashi on the 9th
Motohashi-san,
The result of the final appeal is finally coming out. I hope we can somehow avoid the death sentence and meet again with smiles. When we met yesterday, I heard your preference for the book title.
You said you wanted it to be "THE JAYWALKING: Self-Reflection Starting Now and the False Charges I Wore," so I have obtained permission from the publisher and will decide on that.
Well then,
Shiino Satoshi
※※※※※※※ 3rd Letter: Postmarked Sept 29th, Arrived at Detention Center same day, Delivered to Motohashi on the 30th
Motohashi-san,
The recent verdict this time was very disappointing, not only for you but for me as well.
As time passes from now, it might be accepted... no, there is no way it can be accepted.
To be honest, I am stunned by the fact that I can no longer meet you.
Even so, we have not raised the white flag yet, and the means of a special appeal still remains.
However, in the judgment of the lawyers, they said there is no possibility of it being overturned with that.
Certainly, if what you did is true, it is unforgivable both legally and socially.
However, during this one month I have been with you, there has been nothing that made me feel you are a heinous criminal.
Until now, at the point of being a suspect, I would have had nothing but hatred, just like everyone else.
Only this time was different. The frustration of not being able to explain that specific reason in words.
And what that is, it seems I can no longer even find out.
It is a shame that our previous meeting was the last time I saw your face, but only that smile at that time has become my salvation. Anyway, please make sure you never fall into self-despair until the very end. Well then, I will stop here for now, but if there is an opportunity to send a letter, I will write again.
Shiino Satoshi
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In Takeshita's estimation, the third letter, which arrived just before the confession after he could no longer meet with "outsiders" due to the death penalty being finalized, was the most important, but thinking that the other two might be related, he had obtained re-copies just in case before leaving Osaka.
However, the first two letters were very short, raising the question of whether they were things that had to be sent by letter. At the same time, if there was meaning in leaving them as text rather than conversation during a meeting, there was a possibility that something that must not be forgotten was described there.
On this day, he decided to compare the three sheets side-by-side. It was because he had suddenly become curious after remembering Oba's comment from yesterday. Looking at them again, the other two shared the point of being written in meticulous characters compared to the third letter, but they weren't as clearly arranged as if conscious of manuscript paper squares as the third one was. Until now, he hadn't had the awareness to look at the whole thing while trying to grasp something from the text itself, but comparing them like this, the third one certainly had an unusual arrangement of characters.
"Does this have meaning?"
He asked himself, but an answer didn't come immediately. Having no choice, he looked at the first and second letters again.
"But, how should I put it... both titles are in English. 'The Cross' for a crucifix, huh. How hypocritical..." Takeshita said, placing the stationery on the desk as if lightly throwing it away.
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Meanwhile, Nishida and the others were considering the newly discovered forged deed from the Sada residence and the deed of Hojo Masato seized in Kitami, which was thought to be its original.
"But it's exquisite, isn't it? Making it isn't that difficult. You might be able to tell if you compare it closely with the real thing, but unless you're the person who made it, you wouldn't be able to tell the difference without looking quite carefully." Kurosu marveled while comparing the two.
"Did Isaka still have his own deed at the time? If he did, wouldn't he have compared them later, at least?" Yoshimura asked Nishida.
"It's hard to say. Since he'd already snatched away Hojo and Mende's children's portions on top of his own gold, maybe he thought it was unnecessary and threw it away? And even if he had it, I don't think he'd check it in detail. Presumably, Isaka's portion would have had the same wording and style, so even if he had it, he'd likely think it was genuine enough when it was handed to him at the dinner... unless he went out of his way to bring his own real one and check it meticulously."
"Considering the years passed, it's probably reasonable to assume he'd thrown it away," Yoshimura muttered, as if he had derived the conclusion himself despite having asked someone else.
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Saturday, October 21st. Bad news reached Section Chief Sawai. In the original plan, during the process of extending detention, Motohashi was to be held at the Engaru Station for about three days to conduct a reconstruction of the crime at the scene in Ikutahara. However, it was decided that spending three days was wasteful even including travel time for the reconstruction, and the probability grew strong that it would be shortened to a "limit of two days."
What became even more of a problem was the interrogation regarding the "involvement of another person" that Takeshita was advocating. Since no concrete evidence had been raised at this point, Kurano, the Section 1 Head of the Kitami Regional Headquarters who grasped the investigation situation in quite detail, had not been able to make an argument strongly backing it. Even Toyama, the Criminal Investigation Director of the Prefectural Police Headquarters who emphasized the field and was close to the Engaru team and Kurano, faced the reality that it was difficult to oppose the upper management of the Prefectural Police, who likely didn't want to "cross a dangerous bridge" in this matter.
At this rate, the possibility became high that he would be indicted without the time for Nishida and the others to "expedition" to Sapporo to interrogate him, which had been doubtful from the start. However, Kurano and Toyama did permit the Engaru team to conduct their own inquiry during Motohashi's period of detention in Engaru, so it was also true that they had cleared the absolute minimum requirement.
When Takeshita heard this from Sawai, he groaned "Hmm..." and fell silent, even though the simple interrogation in Engaru itself had been permitted. On the other hand, he also held the thought that even if a certain amount of time had been allocated for interrogation in Sapporo and Engaru, it would be meaningless given Motohashi's tight-lipped nature unless there was evidence to corner Oshima Kaiji.
In other words, the feeling that the "presence or absence" of substantial evidence was more important than the "presence or absence" of time to spare had grown stronger. Ultimately, regardless of the situation, the content of the interrogation Takeshita had to perform wouldn't change, and he needed to find evidence. Thinking that way, he felt a bit more at ease with a sense of resignation.
Just as Takeshita was trying to barely convince himself, he suddenly received a call from Igarashi on his mobile shortly after 2:00 PM, when something like the first snow began to flutter down from the sky.
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"Yo! Sorry for not contacting you for a while. Oh, right, I saw you on the news when Motohashi was being escorted. You were more handsome than in person!" Igarashi was the same as ever, but after some small talk, he brought up an important matter.
"I looked into that police beat (T/N: satsu-mawari) matter since then; it was a guy named Kasahara. He's a youngster, but he's also from Waseda Political Science and Economics like Shiino, and as you imagined, he seems to have a connection with Shiino. So, I think it's quite possible that Shiino was getting various police information from Kasahara."
"University seniors and juniors, huh... Just like the relationship between you and me, Igarashi-san. In that case, it might be a relationship where Shiino can give instructions to that Kasahara to some extent."
"Well, that's true, but more than that, it seems Shiino had more power than we thought. After all, a reporter covering the ruling party—and the largest faction at that—is likely to become an executive, or even the president or that level, in the future; apparently, despite being a reporter, they have more influence than a mediocre director. So, even if Kasahara wasn't a university junior, he seems to have enough power to use him as a mere 'pawn.' After all, the current president is a person who was a reporter for the Minyu Party during his active years. Whether from Shiino or from the upper management, a system has been created where they can do as they please from either side."
Hearing that, Takeshita couldn't help but react.
"Can we say that because of that situation, a system is in place to respond if a politician asks for something?" Igarashi, after hearing that statement, replied:
"I have no way of knowing about Shiino's transfer this time, but that's likely the case. Even so, is politics really involved in Motohashi's case? I felt that might be it when I reported to you about Shiino..." he asked in a much slower tempo than usual.
"Well, that's..." Takeshita didn't answer clearly and faltered, but:
"Well, if you don't want to talk about it now, that's fine. Let's just say that's what I think. However, there's another interesting story. I told you about the plan to publish Motohashi's monologue from Tozai Shinbun Publishing, right? After that, I relied on various connections and took the liberty of looking into it myself," Igarashi said proudly in his usual fast-talking manner.
"Did you find out something?"
"Yeah, apparently the project at Tozai Shinbun Publishing was proposed by the upper management of Tozai Shinbun."
"I see. The publishing was for the convenience of the newspaper side."
"Right. But that's not the only problem. In reality, the publishing project itself was apparently impossible from the start."
Takeshita instinctively asked back, "Eh?"
Of course, Takeshita also recognized that the project for Motohashi's book was originally a cover to create a "link" between Shiino and Motohashi, but if it was impossible from the start, that was a different story.
"Ultimately, under the internal rules of Tozai Shinbun Publishing, it was apparently prohibited to broadcast the opinions of this kind of criminal—that is, someone who has been indicted. So, a monologue by Motohashi was an impossible project from the beginning," Igarashi asserted.
"Which means Shiino's interviews were meaningless?"
"Exactly. There's no way a publisher would be involved in an interview for something that won't be published. There is recognition within the publisher that there was such a talk as a project, but since it would remain a project forever and never come out in public, an interview request is impossible. However, wasn't it a kind of alibi-making, saying that there was a talk of a project?"
Hearing that, Takeshita thought once again that it was a well-crafted plot. First, they created the pretext of publishing Motohashi's confession book, sent Shiino there as an interviewer, constructed a "natural relationship" with Motohashi on the surface, and set him up as a contact person in case of emergency.
However, to bypass censorship, they could have used the lawyer who "already existed" to dictate directly, without using Shiino or something like a code included in a letter. Furthermore, the law office was a tool of the "Hakozaki Faction" just like Shiino—in other words, they should have been allies and tools for Motohashi as well.
However, even if they used lawyers, in addition to the two direct defense attorneys, a lawyer named Umeda, who was a relative of a powerful Hakozaki Faction member and closer to the Hakozaki Faction, had become involved since the time the incident involving the Engaru Station began to be discovered. Judging from this, it was quite doubtful whether the two direct defense attorneys knew anything specific about the Sada murder, which had not become a case. Furthermore, Umeda himself didn't seem to have taken any direct action since introducing Shiino to Motohashi.
It was the same as Isaka not having his advisor, Lawyer Matsuda, present at the dinner with Sada the night before the murder; even if they were "tools" who worked for their own benefit, there was a possibility they hesitated to involve "legal professionals" directly in a conspiracy involving murder.
Certainly, since "Midosuji Legal Office" was involved in the defense of the case for which Motohashi had been indicted, there must have been a provision of benefit or a sense of "surveillance" in the form of a defense counsel introduction from the Hakozaki Faction or the Aoi-ikka to Motohashi. In fact, it was said that Motohashi was supposedly bearing his own legal fees, but most of it was likely pro bono work on the "Legal Office" side. And of course, that wasn't literally as it was; he had heard there was a high possibility that funds were flowing from the Aoi-ikka behind the scenes. Takeshita had speculated that if that was the case, there was also a possibility of provision from the Hakozaki Faction...
However, it was doubtful whether the defense side specifically knew about the legally unknown murder (the Sada murder) while defending him. Even regarding the known murders for which he had been indicted, they would have had at least a recognition that there was a high probability Motohashi was actually involved, but if they knew clearly, they would have been stepping into quite dangerous territory as lawyers.
This is because, even if a lawyer's mission is to work for the benefit of the client, involving oneself with a client on the premise of innocence after confirming a criminal act would carry a fatal risk for a lawyer (disciplinary action by the bar association). Of course, there is also a high possibility of facing other social sanctions.
At the same time, even for those utilizing a lawyer, if they leave a 'tool' in such an unstable situation, there is a risk of being betrayed in the end. That being the case, it is possible they left the crucial "dirty work" part to their true confidant, Shiino, while deceiving the "surroundings."
In the first place, even for a lawyer who is the only one who can meet without the presence of a police officer or prison officer, it is doubtful whether that meeting is held in a space that is not monitored in the true sense.
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A lawyer is the only one who can meet with a suspect (attorney interview) at the time of arrest, and can also meet without the presence of a police officer or prison officer at a detention center or prison after detention.
Also, even if already incarcerated in a prison, when meeting in the capacity of a retained lawyer, there is in principle no presence of a prison officer (however, if there is no such relationship, or if it has ceased due to a final judgment, there is the presence of a prison officer, just like a general visitor). This is a legal right based on Article 34 of the Constitution and Article 39, Paragraph 1 of the Code of Criminal Procedure. It is what is called the "Right to Confidential Communication with Counsel."
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This is because, especially in detention centers under police management, even if there is no police officer present during the meeting, the possibility that the content of the meeting and conversation is grasped through illegal methods (i.e., wiretapping, etc.) cannot be said to be completely non-existent, depending on the case.
Among them, there is such a possibility in serious cases where the suspect is not responding obediently to the interrogation. In fact, in the Hakamada Case, the content of meetings with lawyers was recorded on tape, which was discovered recently in connection with the request for a retrial and became a problem (http://s-bengoshikai.com/bengoshikai/seimeiketsugi/s15-4bengoninn/). There seem to have been quite a few lawyers until a while ago who felt the possibility that the police grasped the content of conversations during meetings (http://d.hatena.ne.jp/yjochi/20150414).
In the case of detention centers and prisons under the jurisdiction of the Ministry of Justice, compliance awareness is higher than the police, and since they have no direct investigative authority (excluding incidents occurring under the managed facility), the probability is even lower, but whether it has never happened in the past is a delicate point.
In any case, judging from these realities, Takeshita assumed it was a natural recognition for yakuza, who are likely professionals in that field, that statements regarding serious criminal facts should be avoided as much as possible, even if the other party is a retained lawyer. Therefore, even on the premise of the presence of a police officer or prison officer, it was not irrational to deliberately adopt a troublesome method using Shiino.
However, regardless of those matters, the biggest problem lay in the letters from Shiino to Motohashi. This was because the second letter stated that the title had been decided "after obtaining permission from the publisher." If it was based on a premise of publishing that could not happen, it was a clear lie. That being the case, there must be a clear "meaning" not only in the third letter but also in the second letter.
"Hey! Takeshita, are you listening?" Igarashi called out for a response to Takeshita, who was lost in thought.
"Ah... yes, I'm listening."
"That article of ours that you protested in August—there was talk that Oshima intervened and applied pressure, but in this case, from what I had my colleagues look into regarding the Sada incident at the time, it seems Oshima applied pressure to the investigation when he disappeared?" Igarashi suddenly hit the core. Since he already knew this much, there was no point in denying it.
"I wasn't involved in real-time, so I didn't see or hear it directly, but as far as I hear from senior investigators who were involved in the investigation at the time, I believe that's correct." Takeshita admitted it frankly without hesitation.
"Ultimately... will it go as far as Oshima?" Igarashi cut in. As expected, there wasn't enough solid proof to admit that straight away. It was premature. That said, it would be futile to deny it now.
"I wonder..." An indecisive answer wouldn't satisfy Igarashi, but Takeshita thought he would understand to some extent.
"I see... Well, fine. Anyway, I've conveyed as much as I currently know. Please understand that point."
Igarashi's words were also a declaration of intent that if the time came to receive compensation, he would naturally take it, but that couldn't be helped since they were operating in an "adult relationship."
"I understand. Well then, if anything else comes up... For now, excuse me." Takeshita said and hung up the phone.