Michael Brown Okinawa assault incident
Encyclopedia
The Michael Brown Okinawa attempted assault incident arose from an attempted indecent assault
by U.S. Marine Corps
Major
Michael Brown on a Filipina
bartender
, V. N. (initials of victim), in Okinawa, Japan
, on November 2, 2002. V.N. accused Brown of attempting to rape
her and throwing her cell phone into a nearby river; Brown denied the rape charges. The victim later recanted her testimony, though prosecutors presented evidence that she had received a cash payment just before doing so.
The case received extensive attention in the Japanese media
, especially in Okinawa, and the crime sparked a public debate
over the U.S. military presence in Japan
, the privileges of extraterritoriality
, as well as the fair trial
practices of Japanese legal system
and the Japanese police
. The case involved the Treaty of Mutual Cooperation and Security between the United States and Japan
and the U.S.–Japan Status of Forces Agreement (SOFA).
On July 8, 2004, after a 19-month trial, Brown was convicted by a Japanese court of attempted indecent assault and destruction of private property and received a one-year suspended
prison sentence. As a result of this incident and others involving crimes committed by U.S. military personnel
in Japan, both countries entered into negotiations aimed at modifying the SOFA in July 2003; ultimately, however, no changes were made to the agreement. In 2005, Brown was arrested and charged with kidnapping
in the United States. He was demoted and involuntarily retired from the military in 2006 and at his trial in 2009 entered a Kennedy plea, receiving probation
on the felony conviction.
officers' club
on Okinawa drove up to the Courtney main gate and reported to base security personnel that a Marine Corps major had just attempted to sexually assault
her in her car on a deserted road near the back gate of the base. She identified the Marine as Major Michael Brown and stated that during the assault the major threw her mobile phone into the nearby Tengan River. The woman was later identified as V. N. who was 40 years old, and originally from the Philippines
, had lived in Okinawa for 17 years, and was married to a Japanese citizen of Okinawan descent. She reported that she had picked up Brown in her car about 1:30 a.m. after the officers' club closed and that he directed her to the deserted road behind the base and after parking, Brown tried to rape
her and then threw her mobile phone into the river when she tried to call the police. The Camp Courtney security personnel called the Japanese National Police Agency
(NPA). Japanese officers came and took V. N.'s report.
Michael Brown was at the time 39 years old, was married, had two small children, and was a 19-year Marine veteran assigned to the command element of the III Marine Expeditionary Force
at Camp Courtney on his second tour on Okinawa. Brown voluntarily underwent several hours of questioning at the JNP station in Gushikawa
. He told Japanese police investigators that V. N. had propositioned him for sex and that, when he refused, a physical altercation ensued. During the altercation, Brown said, V. N. took his wallet and Brown grabbed her mobile phone, which he, "out of frustration," proceeded to toss into the nearby river. Brown stated that V. N. drove away but returned a few minutes later and gave his wallet back to him. Both Brown's and V. N.'s accounts agreed that V. N. had originally picked up Brown in her car after meeting him for the first time at the base officers' club that evening. Both stated that V. N. had agreed to give Brown, who was intoxicated
, a ride home.
On December 3, 2002, the JNP issued a warrant
for Brown's arrest. The Japanese government asked that Brown be turned over to Japanese authorities immediately. Although the U.S.-Japan Status of Forces Agreement stated that service members would only be turned over to Japanese law enforcement if formally indicted
, the U.S. had agreed to give "sympathetic consideration" for serious crimes in response to the 1995 Okinawan rape incident
, in which a U.S. Navy
sailor and two Marines raped a 12-year old Okinawan girl.
The United States, in this case, decided not to turn Brown over to the Japanese authorities before he was formally indicted and restricted Brown to base on Camp Courtney. On December 9, the JNP filed formal charges against Brown and, on December 19, he was formally indicted on charges of attempted rape and destruction of private property. The next day, Brown, escorted by U.S. Marine Corps military police
, was turned over to the custody of Japanese police at the Naha
detention center. When asked why they had waited ten days after the formal charges to indict Brown, Japanese Deputy Chief Prosecutor Junichi Okumura stated that they wanted to give Brown a chance to apologize (called jidan in Japanese) to the victim. Since that apparently did not occur and V. N. still expressed a desire to press charges, the Japanese authorities went ahead with the indictment.
On December 25, Naha District Court judge denied bail
for Brown because, "there was concern that he (Brown) might try to destroy evidence or intimidate witnesses if he was set free." Ikeda also said that she was concerned over the seriousness of the charges and the large discrepancy between the statements of Brown and V. N. Brown was represented at the hearing by a local Japanese defense attorney
, . Akamine reported that Brown's family in the United States had begun jidan negotiations with the victim. At this time, Brown's brother also launched a website to protest Brown's detention and to complain about what he perceived to be unfair treatment of Brown by the Japanese courts. Brown later reported that Japanese prison officials "admonished" him over the launching of the protest website by his family.
On January 9, 2003, bail was denied for Brown by the same judge for a second time. Brown then appealed the bail decision to a three-judge panel of the Naha court who upheld the denial of bail on January 16. The Naha court scheduled Brown's trial to begin on March 13, but later changed the date to May 26 because of delays incurred by legal motions filed by Brown's attorneys. The trial was expected to last for some time because, under the procedures of the Japanese justice system, trial hearings are usually only conducted for one or two days a month.
attorney who had previously represented Marines in Okinawa. Takaesu was a former Okinawa chief prosecutor. Both were described as "outspoken critics of Japan's legal system". The first week of March, another attorney hired by Brown filed a habeas corpus
petition with the United States District Court for the District of Columbia
claiming that the legality of Brown's incarceration was open to question due to what Brown claimed was the inherent unfairness of the Japanese judicial system. The U.S. court dismissed the motion on March 12, citing jurisdictional issues.
Throughout the trial, Brown wrote numerous public missives about what he felt was the unfairness and corruption of the Japanese justice system and accusing the local Okinawan government of pursuing a political agenda in the prosecution of his case. Brown's letters were posted on his family's website and informally distributed throughout Okinawa's U.S. military population. Brown and his family also wrote many letters to U.S. politicians and government officials complaining of Brown's treatment by Japanese authorities and actively encouraged other U.S. military members and U.S. citizens to do the same.
On March 13, an Okinawan newspaper reported that the JNP had matched DNA
taken from saliva on the victim's upper body with DNA in a blood sample obtained from Brown during the investigation. Brown was again denied bail on March 17. Takaesu blamed the anonymous report about the DNA evidence in the newspaper as the reason for the bail denial and criticized the Naha District Prosecutor's Office for not including the DNA evidence in the evidence list submitted before the trial was scheduled to begin. In reply, Junichi Okumura, a Naha District deputy chief prosecutor stated, "Here in Japan, unlike the United States, there is no problem if evidence is submitted later". Brown was granted a ¥10 million bail (approximately US$
100,000, c.2003) by the Naha court on May 13 but he was restricted to Camp Courtney for the duration of the trial.
Brown's family hired Gene Warfield, an American ex-special forces
soldier who had lived in Okinawa for 17 years, as a consultant to assist them in "looking into the allegations levied against Michael (Brown)." On the evening of May 7, as Warfield, his Japanese wife, and daughter arrived at a restaurant on Okinawa, a man attacked Warfield with a knife, injuring him slightly. Warfield described the man's attack as "professional". The JNP investigated, but no arrests were made.
Brown's trial began in Naha on May 26 with testimony
from V. N.. Over the next three days of testimony, V. N. repeatedly stated that Brown was innocent and that she wanted to withdraw her complaint. She said that any contact between her and Brown on the night in question was consensual and that she allowed Brown to fondle and kiss her breasts. At that point, V. N. said, she began to resist and Brown became angry. V. N. testified that when she threatened to call police, Brown threw her cell phone into the [Tengan] river. Angry at the loss of her cell phone, V. N. stated that she then embellished the story when she told it to the guards at the Courtney main gate. V. N. further claimed that she had been coerced by police, prosecutors and her employer, a local agency that provides temporary workers for USMC bases on Okinawa, to file the charges. She said that once the charges were filed, Japanese prosecutor
s told her she could only withdraw the charges in court. One of the Naha judges then asked V. N. why she was not angry at Brown to which V. N. replied, "Because he didn't attempt to rape me. Before, I was angry at him for throwing away my cell phone. But not now."
The next trial hearing took place on June 4. At the hearing, Takaesu stated that Brown had arranged with the Camp Courtney officers' club manager to have sex with V. N., but that V. N. resisted Brown's advances after driving him to the secluded road off base. The Naha prosecutor said during the hearing that V. N. had insisted on pressing charges.
The next court session was on July 1. At this session, Satoshi Kawamitsu, an attorney for the employment agency that V. N. worked for, testified that he had tried to arrange a jidan settlement between Brown and V. N. in December 2002, but V. N. had insisted on pressing charges. He stated that he informed her that once the charges were filed, she would not be able to withdraw them until the trial began.
At the next court session on July 15, prosecutors submitted evidence that V. N. had received 13,500US$
from an unknown source just before she recanted the charges during the May court session. The prosecution submitted the evidence
in an attempt to show that V. N.'s original statements and desire to press the charges
were valid, and later attempts to recant were in bad faith
. Brown then took the stand but refused to answer questions as to why his initial statements to Japanese police were different from what Takaesu later stated in court had actually happened on the night in question. The prosecutor asked Brown, "Your original statement that she made sexual advances was false?" Brown replied, "I am not going to answer that." When asked why he would not answer, Brown replied, "Because I want the opportunity for this court to see publicly the type of corruption and distortion of evidence by the police and the prosecutor." Takaesu later said that another reason for Brown's refusal to answer most of the questions was because his answers could be used by the USMC in separate military justice
actions against Brown.
During a later court session on September 9, Takaesu attempted to submit medical evidence that Brown had suffered a back injury
in 1999 and had a steel collar and bolts
inserted around his spine
. According to Brown, these injuries made it impossible to for him to assault V. N. as described in the police report. The Naha court panel of three judges agreed to issue a decision as to whether the evidence was submissable at a later date.
During another trial session later in September, the Naha court decided to accept V. N.'s pre-trial statements and accusations of Brown along with her later attempts to recant. Brown appeal
ed this decision to the Fukuoka High Court's Naha branch, which dismissed the appeal. Japan's supreme court upheld the Fukuoka court's dismissal of the appeal in late November 2003. In October 2003, Brown requested that the three Naha court judges assigned to the trial disqualify themselves, stating that they were "prejudiced against him". The Naha court judges declined to do so, and the trial was set to resume in January 2004.
The trial resumed on January 16, 2004, when the Naha court accepted the evidence of Brown's spinal and neck injuries
. Takaesu testified that it would have been physically impossible for Brown to commit a violent sexual assault
on V. N.. When Takaesu called for the clothing V. N. wore the night of the alleged assault to be entered as evidence, the prosecutor, Tsuyoshi Satake, refused to present it. During a hearing in March, Brown admitted that he had lied to Japanese police about what had happened on the night in question. Brown stated that he and V. N. had engaged in some "heavy petting" in her car and that she objected when he began to take it "too far". After Brown said that he insult
ed her, she threatened to call the police and he grabbed her cell phone and threw it in the river.
On April 24, Takeshi Oda, representing the prosecution, made his closing arguments, describing the alleged crime as, "vicious and atrocious," and calling for a three year prison sentence for Brown. Oda added that the alleged crime had affected the local community, stating, "There's a feeling of anxiety
among the residents because of this incident." During the same hearing, Takaesu submitted as evidence a letter Brown wrote to V. N. apologizing for using bad language with her and giving her ¥8,000 (about 75 US$
, c.2004) to replace her cell phone.
Following a 19-month trial, on July 8, 2004, Brown was convicted by the Naha District Court of "attempting an indecent act" and "destruction of property" but was acquitted of the rape charge. The court gave Brown a one-year prison sentence, suspended for three years, and fined him 1,400 US$
. Chief Judge Nobuyuki Yokota said Brown was given a light sentence
because the 21-year Marine veteran
had no prior criminal record
. Citing the victim's stated unwillingness to punish Brown, the prosecution declined to appeal the verdict. Brown appealed the verdict to Japan's supreme court
, which dismissed the appeal in July 2004. Brown was permanently transferred
by the U.S. military to Marine Corps Base Quantico
, Virginia
in August 2004.
The issue of violent crime, especially rape and murder, committed by U.S. servicemembers on Japanese citizens in Okinawa has often strained relations between the U.S., Japan, and the local Okinawan government. The U.S. has argued that "extraterritoriality" or "extrality" (meaning the right of a foreigner charged with a crime to be turned over for trial to his own diplomatic representatives in accordance with his national law) granted its military members under the SOFA is necessary to afford them the same rights that exist under the U.S. criminal justice system. Since the SOFA also exempts most U.S. military members from Japanese visa and passport laws, past incidents occurred in which U.S. military members charged with crimes by Japanese authorities on Okinawa were transferred back to the U.S. without facing prosecution in Japanese courts. In cases where the charged servicemember remained in Japan, Japanese authorities often did not have access to question or interrogate the U.S. servicemember, making it difficult for Japanese prosecutors to prepare a case for indictment.
The issue became central to the demand by many Okinawans and other Japanese citizens for the significant reduction and eventual elimination of U.S. military forces stationed in Okinawa. In the opinion of many Japanese citizens living in Okinawa, the U.S. used the SOFA to shield U.S. servicemembers who committed crimes against Japanese citizens from the Japanese criminal justice system
. The September 4, 1995, widely reported rape of an Okinawan schoolgirl by three U.S. servicemen
caused the U.S. and Japan to revise the SOFA, stating that in the future, the U.S. would give "sympathetic consideration" to the hand-over of U.S. servicemembers accused of violent crimes such as rape or murder to Japanese authorities before indictment. To many in Okinawa, the incident involving Brown appeared to fall under this new provision in the SOFA. After the initial allegations involving Brown were publicized and before charges had even been filed, Okinawa Governor Keiichi Inamine publicly stated, "This is a heinous crime trampling on female human rights. Moreover, this is a crime committed by a marine corps major, a person who should be in a leadership position."
Japan had requested that the U.S. hand over suspects before indictment in three previous cases to which the U.S. had complied. On December 3, 2002, Japan's national government asked that Brown be transferred to Japanese police officials for confinement, but in this case the United States declined to do until an indictment was handed down. The U.S. embassy stated, "The government of the United States has concluded that the circumstances of this case as presented by the government of Japan do not warrant departure from the standard practice as agreed between the United States and Japan." On December 10, 2002, the Okinawa Prefectural Assembly unanimously adopted a resolution calling on the United States to immediately transfer Brown to Japanese authorities and called on the Japanese national government to again demand Brown's immediate hand-over. The resolution condemned the United States' refusal to hand over Brown, calling it, "in defiance of our country's judicial setup and in disregard of its sovereignty" and "intolerable". Keiichi Inamine added, "I have come to fully realize anew that a thorough review of the Japan-U.S. Status of Forces Agreement is necessary."
Because of this and subsequent incidents by U.S. servicemembers on Okinawa, including another rape of a local woman by a U.S. Marine, the governors of fourteen Japanese prefecture
s in which U.S. military forces were stationed urged the ruling Liberal Democratic Party
"to secure a true Japan-U.S. partnership through a revised Status of Forces Agreement." On July 2, 2003, Japan and the United States opened negotiations into modifying the SOFA, but the negotiations failed to produce any change to the current agreement.
on October 2, 2005. According to the police, Brown, allegedly upset that collectible coins he had purchased a few weeks before were worthless, returned to the flea market representing himself as a police officer, handcuffed her, and drove the girl to Kanawha County under the pretense of taking her in for questioning. The girl escaped from Brown’s car a few hours later after realizing he was not an officer, according to West Virginia State Police. After the arrest, the USMC demoted Brown to Captain and involuntarily retired him at that rank on February 1, 2006. On August 14, 2009 Brown entered a Kennedy plea, meaning he did not admit guilt but did not contest that prosecutors had evidence to prove his guilt, and was convicted on a felony charge of attempting to commit kidnapping and a misdemeanor petty larceny charge in Cabell County, West Virginia Circuit Court. Brown was sentenced to three years probation, two years of which were to be spent in home confinement, and agreed to pay restitution and all court costs.
Indecent assault
Indecent assault is an offence of aggravated assault in many jurisdictions. It is characterised as a sex crime.Indecent assault was an offence in England and Wales under sections 14 and 15 the Sexual Offences Act 1956...
by U.S. Marine Corps
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
Major
Major (United States)
In the United States Army, Air Force, and Marine Corps, major is a field grade military officer rank just above the rank of captain and just below the rank of lieutenant colonel...
Michael Brown on a Filipina
Filipino people
The Filipino people or Filipinos are an Austronesian ethnic group native to the islands of the Philippines. There are about 92 million Filipinos in the Philippines, and about 11 million living outside the Philippines ....
bartender
Bartender
A bartender is a person who serves beverages behind a counter in a bar, pub, tavern, or similar establishment. A bartender, in short, "tends the bar". The term barkeeper may carry a connotation of being the bar's owner...
, V. N. (initials of victim), in Okinawa, Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, on November 2, 2002. V.N. accused Brown of attempting to rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
her and throwing her cell phone into a nearby river; Brown denied the rape charges. The victim later recanted her testimony, though prosecutors presented evidence that she had received a cash payment just before doing so.
The case received extensive attention in the Japanese media
Japanese media
The communications media of Japan include numerous television and radio networks as well as newspapers and magazines in Japan. For the most part, television networks were established based on the capital contribution from existing radio networks at that time...
, especially in Okinawa, and the crime sparked a public debate
Public debate
Public debate is a formal style of debate. Two teams of two compete through six rounds of argument, giving persuasive speeches on a particular topic.- Pre-Debate :...
over the U.S. military presence in Japan
United States Forces Japan
The refers to the various divisions of the United States Armed Forces that are stationed in Japan. Under the Treaty of Mutual Cooperation and Security between the United States and Japan, the United States is obliged to defend Japan in close cooperation with the Japan Self-Defense Forces for...
, the privileges of extraterritoriality
Extraterritoriality
Extraterritoriality is the state of being exempt from the jurisdiction of local law, usually as the result of diplomatic negotiations. Extraterritoriality can also be applied to physical places, such as military bases of foreign countries, or offices of the United Nations...
, as well as the fair trial
Fair Trial
Fair Trial was a British Thoroughbred racehorse and Champion sire. He was bred and raced by John Arthur Dewar who also bred and raced Tudor Minstrel....
practices of Japanese legal system
Criminal justice system of Japan
Three basic features of Japan's system of criminal justice characterize its operations. First, the institutions—police, government prosecutor's offices, courts, and correctional organs—maintain close and cooperative relations with each other, consulting frequently on how best to accomplish the...
and the Japanese police
Police system of Japan
Law enforcement in Japan is provided by the Prefectural Police under the oversight of the National Police Agency or NPA. The NPA is headed by the National Public Safety Commission thus ensuring that Japan's police are an apolitical body and free of direct central government executive control...
. The case involved the Treaty of Mutual Cooperation and Security between the United States and Japan
Treaty of Mutual Cooperation and Security between the United States and Japan
The was signed between the United States and Japan in Washington, D.C. on January 19, 1960. It strengthened Japan's ties to the West during the Cold War era...
and the U.S.–Japan Status of Forces Agreement (SOFA).
On July 8, 2004, after a 19-month trial, Brown was convicted by a Japanese court of attempted indecent assault and destruction of private property and received a one-year suspended
Suspended sentence
A suspended sentence is a legal term for a judge's delaying of a defendant's serving of a sentence after they have been found guilty, in order to allow the defendant to perform a period of probation...
prison sentence. As a result of this incident and others involving crimes committed by U.S. military personnel
Military of the United States
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
in Japan, both countries entered into negotiations aimed at modifying the SOFA in July 2003; ultimately, however, no changes were made to the agreement. In 2005, Brown was arrested and charged with kidnapping
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
in the United States. He was demoted and involuntarily retired from the military in 2006 and at his trial in 2009 entered a Kennedy plea, receiving probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
on the felony conviction.
Crime and arrest
Early in the morning of November 2, 2002, a female employee of the Camp CourtneyCamp Courtney
Camp Courtney is a United States Marine Base located in Uruma City, Okinawa Prefecture, Japan. It is part of the larger Marine Corps Base Camp Smedley D. Butler and home to the III Marine Expeditionary Force headquarters as well as the 3rd Marine Division Headquarters. It is named after Major...
officers' club
Mess
A mess is the place where military personnel socialise, eat, and live. In some societies this military usage has extended to other disciplined services eateries such as civilian fire fighting and police forces. The root of mess is the Old French mes, "portion of food" A mess (also called a...
on Okinawa drove up to the Courtney main gate and reported to base security personnel that a Marine Corps major had just attempted to sexually assault
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
her in her car on a deserted road near the back gate of the base. She identified the Marine as Major Michael Brown and stated that during the assault the major threw her mobile phone into the nearby Tengan River. The woman was later identified as V. N. who was 40 years old, and originally from the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
, had lived in Okinawa for 17 years, and was married to a Japanese citizen of Okinawan descent. She reported that she had picked up Brown in her car about 1:30 a.m. after the officers' club closed and that he directed her to the deserted road behind the base and after parking, Brown tried to rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
her and then threw her mobile phone into the river when she tried to call the police. The Camp Courtney security personnel called the Japanese National Police Agency
National Police Agency (Japan)
The is an agency administered by the National Public Safety Commission of the Cabinet Office in the cabinet of Japan, and is the central coordinating agency of the Japanese police system....
(NPA). Japanese officers came and took V. N.'s report.
Michael Brown was at the time 39 years old, was married, had two small children, and was a 19-year Marine veteran assigned to the command element of the III Marine Expeditionary Force
III Marine Expeditionary Force
The III Marine Expeditionary Force is a Marine Air-Ground Task Force of the United States Marine Corps that is forward-deployed and able to deploy rapidly and conduct operations across the spectrum from humanitarian assistance and disaster relief to amphibious assault and high intensity combat. III...
at Camp Courtney on his second tour on Okinawa. Brown voluntarily underwent several hours of questioning at the JNP station in Gushikawa
Gushikawa, Okinawa
was a city located in Okinawa, Japan.On April 1, 2005 Gushikawa was merged with the towns of Katsuren and Yonashiro, both from Nakagami District, and the old city of Ishikawa, to form the new city of Uruma....
. He told Japanese police investigators that V. N. had propositioned him for sex and that, when he refused, a physical altercation ensued. During the altercation, Brown said, V. N. took his wallet and Brown grabbed her mobile phone, which he, "out of frustration," proceeded to toss into the nearby river. Brown stated that V. N. drove away but returned a few minutes later and gave his wallet back to him. Both Brown's and V. N.'s accounts agreed that V. N. had originally picked up Brown in her car after meeting him for the first time at the base officers' club that evening. Both stated that V. N. had agreed to give Brown, who was intoxicated
Drunkenness
Alcohol intoxication is a physiological state that occurs when a person has a high level of ethanol in his or her blood....
, a ride home.
On December 3, 2002, the JNP issued a warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
for Brown's arrest. The Japanese government asked that Brown be turned over to Japanese authorities immediately. Although the U.S.-Japan Status of Forces Agreement stated that service members would only be turned over to Japanese law enforcement if formally indicted
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
, the U.S. had agreed to give "sympathetic consideration" for serious crimes in response to the 1995 Okinawan rape incident
1995 Okinawan rape incident
The 1995 Okinawa rape incident refers to a rape that took place on September 4, 1995, when three U.S. servicemen, U.S. Navy Seaman Marcus Gill and U.S. Marines Rodrico Harp and Kendrick Ledet, all from Camp Hansen on Okinawa, rented a van and kidnapped a 12-year-old Japanese girl. They beat her,...
, in which a U.S. Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
sailor and two Marines raped a 12-year old Okinawan girl.
The United States, in this case, decided not to turn Brown over to the Japanese authorities before he was formally indicted and restricted Brown to base on Camp Courtney. On December 9, the JNP filed formal charges against Brown and, on December 19, he was formally indicted on charges of attempted rape and destruction of private property. The next day, Brown, escorted by U.S. Marine Corps military police
Military police
Military police are police organisations connected with, or part of, the military of a state. The word can have different meanings in different countries, and may refer to:...
, was turned over to the custody of Japanese police at the Naha
Naha, Okinawa
is the capital city of the Japanese prefecture of Okinawa.Naha is a coastal city located on the East China Sea coast of the southern part of Okinawa Island, the largest of the Ryukyu Islands...
detention center. When asked why they had waited ten days after the formal charges to indict Brown, Japanese Deputy Chief Prosecutor Junichi Okumura stated that they wanted to give Brown a chance to apologize (called jidan in Japanese) to the victim. Since that apparently did not occur and V. N. still expressed a desire to press charges, the Japanese authorities went ahead with the indictment.
On December 25, Naha District Court judge denied bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
for Brown because, "there was concern that he (Brown) might try to destroy evidence or intimidate witnesses if he was set free." Ikeda also said that she was concerned over the seriousness of the charges and the large discrepancy between the statements of Brown and V. N. Brown was represented at the hearing by a local Japanese defense attorney
Attorney at law (Japan)
In Japan, form the base of the country's legal community. They are the only individuals authorized to represent others and they are automatically qualified to practice in most Japanese legal professions...
, . Akamine reported that Brown's family in the United States had begun jidan negotiations with the victim. At this time, Brown's brother also launched a website to protest Brown's detention and to complain about what he perceived to be unfair treatment of Brown by the Japanese courts. Brown later reported that Japanese prison officials "admonished" him over the launching of the protest website by his family.
On January 9, 2003, bail was denied for Brown by the same judge for a second time. Brown then appealed the bail decision to a three-judge panel of the Naha court who upheld the denial of bail on January 16. The Naha court scheduled Brown's trial to begin on March 13, but later changed the date to May 26 because of delays incurred by legal motions filed by Brown's attorneys. The trial was expected to last for some time because, under the procedures of the Japanese justice system, trial hearings are usually only conducted for one or two days a month.
Pre-trial
On January 24, Brown hired two new defense attorneys, Michael Griffith and Toshimitsu Takaesu. Griffith was a New YorkNew York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
attorney who had previously represented Marines in Okinawa. Takaesu was a former Okinawa chief prosecutor. Both were described as "outspoken critics of Japan's legal system". The first week of March, another attorney hired by Brown filed a habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
petition with the United States District Court for the District of Columbia
United States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
claiming that the legality of Brown's incarceration was open to question due to what Brown claimed was the inherent unfairness of the Japanese judicial system. The U.S. court dismissed the motion on March 12, citing jurisdictional issues.
Throughout the trial, Brown wrote numerous public missives about what he felt was the unfairness and corruption of the Japanese justice system and accusing the local Okinawan government of pursuing a political agenda in the prosecution of his case. Brown's letters were posted on his family's website and informally distributed throughout Okinawa's U.S. military population. Brown and his family also wrote many letters to U.S. politicians and government officials complaining of Brown's treatment by Japanese authorities and actively encouraged other U.S. military members and U.S. citizens to do the same.
On March 13, an Okinawan newspaper reported that the JNP had matched DNA
DNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
taken from saliva on the victim's upper body with DNA in a blood sample obtained from Brown during the investigation. Brown was again denied bail on March 17. Takaesu blamed the anonymous report about the DNA evidence in the newspaper as the reason for the bail denial and criticized the Naha District Prosecutor's Office for not including the DNA evidence in the evidence list submitted before the trial was scheduled to begin. In reply, Junichi Okumura, a Naha District deputy chief prosecutor stated, "Here in Japan, unlike the United States, there is no problem if evidence is submitted later". Brown was granted a ¥10 million bail (approximately US$
United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
100,000, c.2003) by the Naha court on May 13 but he was restricted to Camp Courtney for the duration of the trial.
Brown's family hired Gene Warfield, an American ex-special forces
United States Army Special Forces
The United States Army Special Forces, also known as the Green Berets because of their distinctive service headgear, are a special operations force tasked with six primary missions: unconventional warfare, foreign internal defense, special reconnaissance, direct action, hostage rescue, and...
soldier who had lived in Okinawa for 17 years, as a consultant to assist them in "looking into the allegations levied against Michael (Brown)." On the evening of May 7, as Warfield, his Japanese wife, and daughter arrived at a restaurant on Okinawa, a man attacked Warfield with a knife, injuring him slightly. Warfield described the man's attack as "professional". The JNP investigated, but no arrests were made.
Trial
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
from V. N.. Over the next three days of testimony, V. N. repeatedly stated that Brown was innocent and that she wanted to withdraw her complaint. She said that any contact between her and Brown on the night in question was consensual and that she allowed Brown to fondle and kiss her breasts. At that point, V. N. said, she began to resist and Brown became angry. V. N. testified that when she threatened to call police, Brown threw her cell phone into the [Tengan] river. Angry at the loss of her cell phone, V. N. stated that she then embellished the story when she told it to the guards at the Courtney main gate. V. N. further claimed that she had been coerced by police, prosecutors and her employer, a local agency that provides temporary workers for USMC bases on Okinawa, to file the charges. She said that once the charges were filed, Japanese prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
s told her she could only withdraw the charges in court. One of the Naha judges then asked V. N. why she was not angry at Brown to which V. N. replied, "Because he didn't attempt to rape me. Before, I was angry at him for throwing away my cell phone. But not now."
The next trial hearing took place on June 4. At the hearing, Takaesu stated that Brown had arranged with the Camp Courtney officers' club manager to have sex with V. N., but that V. N. resisted Brown's advances after driving him to the secluded road off base. The Naha prosecutor said during the hearing that V. N. had insisted on pressing charges.
The next court session was on July 1. At this session, Satoshi Kawamitsu, an attorney for the employment agency that V. N. worked for, testified that he had tried to arrange a jidan settlement between Brown and V. N. in December 2002, but V. N. had insisted on pressing charges. He stated that he informed her that once the charges were filed, she would not be able to withdraw them until the trial began.
At the next court session on July 15, prosecutors submitted evidence that V. N. had received 13,500US$
United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
from an unknown source just before she recanted the charges during the May court session. The prosecution submitted the evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
in an attempt to show that V. N.'s original statements and desire to press the charges
Criminal charge
A criminal charge is a formal accusation made by a governmental authority asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including:* complaint...
were valid, and later attempts to recant were in bad faith
Bad faith
Bad faith is double mindedness or double heartedness in duplicity, fraud, or deception. It may involve intentional deceit of others, or self deception....
. Brown then took the stand but refused to answer questions as to why his initial statements to Japanese police were different from what Takaesu later stated in court had actually happened on the night in question. The prosecutor asked Brown, "Your original statement that she made sexual advances was false?" Brown replied, "I am not going to answer that." When asked why he would not answer, Brown replied, "Because I want the opportunity for this court to see publicly the type of corruption and distortion of evidence by the police and the prosecutor." Takaesu later said that another reason for Brown's refusal to answer most of the questions was because his answers could be used by the USMC in separate military justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
actions against Brown.
During a later court session on September 9, Takaesu attempted to submit medical evidence that Brown had suffered a back injury
Back injury
Back injuries result from damage, wear, or trauma to the bones, muscles, or other tissues of the back. Common back injuries include sprains and strains, herniated disks, and fractured vertebrae. The lumbar is often the site of back pain. The area is susceptible because of its flexibility and the...
in 1999 and had a steel collar and bolts
Spinal cord injury
A spinal cord injury refers to any injury to the spinal cord that is caused by trauma instead of disease. Depending on where the spinal cord and nerve roots are damaged, the symptoms can vary widely, from pain to paralysis to incontinence...
inserted around his spine
Vertebral column
In human anatomy, the vertebral column is a column usually consisting of 24 articulating vertebrae, and 9 fused vertebrae in the sacrum and the coccyx. It is situated in the dorsal aspect of the torso, separated by intervertebral discs...
. According to Brown, these injuries made it impossible to for him to assault V. N. as described in the police report. The Naha court panel of three judges agreed to issue a decision as to whether the evidence was submissable at a later date.
During another trial session later in September, the Naha court decided to accept V. N.'s pre-trial statements and accusations of Brown along with her later attempts to recant. Brown appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
ed this decision to the Fukuoka High Court's Naha branch, which dismissed the appeal. Japan's supreme court upheld the Fukuoka court's dismissal of the appeal in late November 2003. In October 2003, Brown requested that the three Naha court judges assigned to the trial disqualify themselves, stating that they were "prejudiced against him". The Naha court judges declined to do so, and the trial was set to resume in January 2004.
The trial resumed on January 16, 2004, when the Naha court accepted the evidence of Brown's spinal and neck injuries
Neck pain
Neck pain is a common problem, with two-thirds of the population having neck pain at some point in their lives.Neck pain, although felt in the neck, can be caused by numerous other spinal problems. Neck pain may arise due to muscular tightness in both the neck and upper back, or pinching of the...
. Takaesu testified that it would have been physically impossible for Brown to commit a violent sexual assault
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
on V. N.. When Takaesu called for the clothing V. N. wore the night of the alleged assault to be entered as evidence, the prosecutor, Tsuyoshi Satake, refused to present it. During a hearing in March, Brown admitted that he had lied to Japanese police about what had happened on the night in question. Brown stated that he and V. N. had engaged in some "heavy petting" in her car and that she objected when he began to take it "too far". After Brown said that he insult
Insult
An insult is an expression, statement which is considered degrading and offensive. Insults may be intentional or accidental...
ed her, she threatened to call the police and he grabbed her cell phone and threw it in the river.
On April 24, Takeshi Oda, representing the prosecution, made his closing arguments, describing the alleged crime as, "vicious and atrocious," and calling for a three year prison sentence for Brown. Oda added that the alleged crime had affected the local community, stating, "There's a feeling of anxiety
Anxiety
Anxiety is a psychological and physiological state characterized by somatic, emotional, cognitive, and behavioral components. The root meaning of the word anxiety is 'to vex or trouble'; in either presence or absence of psychological stress, anxiety can create feelings of fear, worry, uneasiness,...
among the residents because of this incident." During the same hearing, Takaesu submitted as evidence a letter Brown wrote to V. N. apologizing for using bad language with her and giving her ¥8,000 (about 75 US$
United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
, c.2004) to replace her cell phone.
Following a 19-month trial, on July 8, 2004, Brown was convicted by the Naha District Court of "attempting an indecent act" and "destruction of property" but was acquitted of the rape charge. The court gave Brown a one-year prison sentence, suspended for three years, and fined him 1,400 US$
United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
. Chief Judge Nobuyuki Yokota said Brown was given a light sentence
Criminal sentencing in the United States
In the United States, a judge sentences a person convicted of a crime. The length of the prison term depends upon multiple factors including the severity and type of the crime, state and/or federal sentencing guidelines, the convicted's criminal record, and the personal discretion of the judge...
because the 21-year Marine veteran
Veteran
A veteran is a person who has had long service or experience in a particular occupation or field; " A veteran of ..."...
had no prior criminal record
Criminal record
A criminal record is a record of a person's criminal history, generally used by potential employers, lenders etc. to assess his or her trustworthiness. The information included in a criminal record varies between countries and even between jurisdictions within a country...
. Citing the victim's stated unwillingness to punish Brown, the prosecution declined to appeal the verdict. Brown appealed the verdict to Japan's supreme court
Supreme Court of Japan
The Supreme Court of Japan , located in Chiyoda, Tokyo is the highest court in Japan. It has ultimate judicial authority to interpret the Japanese constitution and decide questions of national law...
, which dismissed the appeal in July 2004. Brown was permanently transferred
Permanent Change of Station
In the United States armed forces, a Permanent Change of Station is the official relocation of an active duty military service member—along with any family members living with her or him—to a different duty location, such as a military base...
by the U.S. military to Marine Corps Base Quantico
Marine Corps Base Quantico
Marine Corps Base Quantico, sometimes abbreviated MCB Quantico, is a major United States Marine Corps training base located near Triangle, Virginia, covering nearly in southern Prince William County, northern Stafford County, and southeastern Fauquier County...
, Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
in August 2004.
SOFA controversy
The issue became central to the demand by many Okinawans and other Japanese citizens for the significant reduction and eventual elimination of U.S. military forces stationed in Okinawa. In the opinion of many Japanese citizens living in Okinawa, the U.S. used the SOFA to shield U.S. servicemembers who committed crimes against Japanese citizens from the Japanese criminal justice system
Criminal justice system of Japan
Three basic features of Japan's system of criminal justice characterize its operations. First, the institutions—police, government prosecutor's offices, courts, and correctional organs—maintain close and cooperative relations with each other, consulting frequently on how best to accomplish the...
. The September 4, 1995, widely reported rape of an Okinawan schoolgirl by three U.S. servicemen
1995 Okinawan rape incident
The 1995 Okinawa rape incident refers to a rape that took place on September 4, 1995, when three U.S. servicemen, U.S. Navy Seaman Marcus Gill and U.S. Marines Rodrico Harp and Kendrick Ledet, all from Camp Hansen on Okinawa, rented a van and kidnapped a 12-year-old Japanese girl. They beat her,...
caused the U.S. and Japan to revise the SOFA, stating that in the future, the U.S. would give "sympathetic consideration" to the hand-over of U.S. servicemembers accused of violent crimes such as rape or murder to Japanese authorities before indictment. To many in Okinawa, the incident involving Brown appeared to fall under this new provision in the SOFA. After the initial allegations involving Brown were publicized and before charges had even been filed, Okinawa Governor Keiichi Inamine publicly stated, "This is a heinous crime trampling on female human rights. Moreover, this is a crime committed by a marine corps major, a person who should be in a leadership position."
Japan had requested that the U.S. hand over suspects before indictment in three previous cases to which the U.S. had complied. On December 3, 2002, Japan's national government asked that Brown be transferred to Japanese police officials for confinement, but in this case the United States declined to do until an indictment was handed down. The U.S. embassy stated, "The government of the United States has concluded that the circumstances of this case as presented by the government of Japan do not warrant departure from the standard practice as agreed between the United States and Japan." On December 10, 2002, the Okinawa Prefectural Assembly unanimously adopted a resolution calling on the United States to immediately transfer Brown to Japanese authorities and called on the Japanese national government to again demand Brown's immediate hand-over. The resolution condemned the United States' refusal to hand over Brown, calling it, "in defiance of our country's judicial setup and in disregard of its sovereignty" and "intolerable". Keiichi Inamine added, "I have come to fully realize anew that a thorough review of the Japan-U.S. Status of Forces Agreement is necessary."
Because of this and subsequent incidents by U.S. servicemembers on Okinawa, including another rape of a local woman by a U.S. Marine, the governors of fourteen Japanese prefecture
Prefecture
A prefecture is an administrative jurisdiction or subdivision in any of various countries and within some international church structures, and in antiquity a Roman district governed by an appointed prefect.-Antiquity:...
s in which U.S. military forces were stationed urged the ruling Liberal Democratic Party
Liberal Democratic Party (Japan)
The , frequently abbreviated to LDP or , is a centre-right political party in Japan. It is one of the most consistently successful political parties in the democratic world. The LDP ruled almost continuously for nearly 54 years from its founding in 1955 until its defeat in the 2009 election...
"to secure a true Japan-U.S. partnership through a revised Status of Forces Agreement." On July 2, 2003, Japan and the United States opened negotiations into modifying the SOFA, but the negotiations failed to produce any change to the current agreement.
Subsequent arrest and conviction
In October 2005, Brown was arrested and charged with kidnapping an 18-year old Vietnamese-American high school student from a flea market in Milton, West VirginiaMilton, West Virginia
Milton is a town in Cabell County, West Virginia, United States. The population was 2,206 at the 2000 census.Milton is a part of the Huntington-Ashland, WV-KY-OH Metropolitan Statistical Area . As of the 2000 census, the MSA had a population of 288,649...
on October 2, 2005. According to the police, Brown, allegedly upset that collectible coins he had purchased a few weeks before were worthless, returned to the flea market representing himself as a police officer, handcuffed her, and drove the girl to Kanawha County under the pretense of taking her in for questioning. The girl escaped from Brown’s car a few hours later after realizing he was not an officer, according to West Virginia State Police. After the arrest, the USMC demoted Brown to Captain and involuntarily retired him at that rank on February 1, 2006. On August 14, 2009 Brown entered a Kennedy plea, meaning he did not admit guilt but did not contest that prosecutors had evidence to prove his guilt, and was convicted on a felony charge of attempting to commit kidnapping and a misdemeanor petty larceny charge in Cabell County, West Virginia Circuit Court. Brown was sentenced to three years probation, two years of which were to be spent in home confinement, and agreed to pay restitution and all court costs.
See also
- 1995 Okinawa rape incident
- 2003 United States Air Force Academy sexual assault scandal
- Sexual assault in the United States military