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Free Major Brown
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This Page is dedicated to the release and exoneration of United States Marine Corps Major Michael J. Brown who is currently being held in Japan.
On December 19, 2002, Major Brown was wrongfully accused and subsequently indicted on assault charges and imprisoned in Okinawa, Japan. Since that day, he has spent 149 days in solitary confinement, been exonerated in court by the supposed accuser, and he and his family have been forced to spend hundreds of thousands of dollars on his defense. Yet, the trial has not ended, Okinawan officials have not relinquished their control over him, the U.S. Government continues to ignore his plight, and Major Brown's future is still at stake. He has become a political pawn for corrupt Okinawan officials. His family has established this website in the hopes of getting the American people, the White House and Congress involved in securing the release of this American Patriot.
We call on the American Government and The U.S. Ambassador to Japan, Mr. Howard Baker, to do everything they can to assist in gaining Major Brown's exoneration and freedom.
We have been working hard to gain Major Brown’s freedom. If your conscience dictates justice, then please read this site to learn of our efforts. You will find information on Major Brown's Legal Defense Fund, updates on his case and much more, including information on how you can help. Please send your comments to ContactUs@MajorBrown.org. Thank you.
Free Major Brown Website
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Case History
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I decided that it would be
educational to new readers to see why we are screaming so much about this case
and why we believe that it is way past time for the U.S. Government to intervene
and say "Enough is Enough". Since this is a last minute page,
I've done it from memory. So, the dates may be a little off. But,
the facts are right.
November 2, 2002 - Victoria Nakamine,
the alleged accuser, shows up at the main gate of Camp Courtney and tells the
MPs on duty that she wants to report a "possible rape". SSgt. Bergen,
a Marine with years of police experience and experience with several rape cases,
is one of the MPs on duty. In his sworn statement, he testifies that
Nakamine's emotional state is one of anger, not trauma. He states that she
is not in the emotional state that he associates with rape/trauma victims.
He further testifies that her clothes and appearance are neat, her hair is fixed
and not in disarray and, most importantly, she is the same woman that he saw a
short time earlier at the Officer's club with Richard DeWald (her
manager). This testimony directly contradicted the criminal complaint that
was filed. Major Brown's version has very little time elapsing from
accepting the ride to exiting the vehicle. His version exactly matches the
testimony given by SSgt. Bergen. We now know that Nakamine did not write
the criminal complaint, the police and the prosecutor did. Richard DeWald
corroborates her testimony, making his testimony the second to conflict with
Officers' statements and MP statements. He "clams up" shortly
after giving his police statement and refuses to talk to the defense team.
Without any explanation, SSgt. Bergen's testimony is not allowed by the
court. In fact, the Okinawan police had interviewed him also and they
destroyed the statement that he gave them.
November 2, 2002 - After laughing
and joking with the Okinawan Police at the main gate (the U.S. MPs summoned them
since the alleged crime occurred off-base), Nakamine is taken into custody for
examination and questioning. During questioning, Nakamine says she
"may have exaggerated" a bit because she was angry. She is no
longer interested in filing a report. However, the police do not release
her. Instead, they keep her there, expose her to humiliating photographs
and medical exams even though, by this time, she is insisting that nothing
happened. One of the photographs taken is submitted into evidence later
and shows dark bruises on Nakamine. A doctor's examination the next day
reveals no bruises. The defense team demands to see the original negatives
of the photograph showing bruising, knowing that the photograph was faked.
The prosecutor says that the negatives were destroyed since they were no longer
needed. By the time the police release Nakamine, she has been awake for
over 36 hours.
November 3, 2002 - Brown calls the
O'club to speak to Nakamine and apologize for his harsh words and he offers to
replace the cell phone. DeWald talks to him and says not to worry about
it. "It's no big deal."
November 4, 2002 - The police meet
with Mr. Miyara, the President of Plenty Staff, Mr. Kawamitsu, the legal counsel
for Plenty Staff, and the Prosecutor. Nakamine works for Plenty
Staff. Nakamine testifies that, shortly after this meeting, she receives a
large sum of money from Kawamitsu as payment for her continued cooperation.
November 7, 2002 - Major Brown
learns that the Okinawan police are investigating a complaint from November 2nd
and he immediately steps forward and offers to cooperate and help resolve the
misunderstanding. He has no idea, at this point, how serious the charges
are that have been made against him. From this point forward, Major Brown
cooperates fully, submitting to hours of interrogation without legal counsel
(legal counsel is not a right enjoyed in Japan), allowing his office to be
searched and his personal property seized. At one point, he receives a
call from the Okinawan police. They ask if his wife is home because they'd like
to talk to her. They proceed to set an appointment to "drop by"
and talk to her. At the appointed time, over 30 police officers show up at
the house with no warrant, and proceed to go over everything with a fine-toothed
comb. Later, they actually go through a re-enactment of the incident, as
Major Brown reported it. Brown fully cooperates. After the re-enactment,
the police inform Major Brown that the original criminal complaint does not
match the facts and that his version matches. They believe him to be
innocent of any wrongdoing.
December 3, 2002 - as the issue
appears about to be resolved, a "mysterious" leak gets out on the
newswire that a warrant is issued for Major Brown's arrest. Later that
day, a warrant is actually issued. It is later learned that the
"mysterious" leak came from the Japanese Ministry of Justice In
fact, they freely admitted it. Numerous Okinawan officials step up to the
microphone to decry this "horrible crime" and to state how terrible it
is that the "U.S. cannot control these terrible animals".
Innocent Until Proven Guilty is another concept that does not exist in the
Japanese Criminal Justice system. While it's written down, it's not
practiced. I'd like to say that this only applies to foreigners.
Unfortunately, all people, including Japanese people, are subjected to the
Guilty Until Proven Innocent standard. However, the sensationalism is
indeed reserved just for Americans and this case proves no exception.
December 2002 - Major Brown
continues to fully cooperate with the police. He even agrees to let his
legal counsel, appointed by the Marine SJA, negotiate Jidan (a sorry payment)
with the alleged accuser. His legal counsel informs him that since he will
not admit guilt, the accuser refuses to negotiate. Unbeknownst to Major
Brown at the time, the alleged accuser is more than willing to receive even more
money and is anxiously awaiting Major Brown's offer. However, Mr.
Kawamitsu is telling her that Major Brown is refusing to offer Jidan.
Jidan, of course, never occurs. Major Brown's lawyer resigns because he
says that it would be a conflict of interest to continue to represent Major
Brown after representing him during Jidan. He is apparently the only
lawyer in Japan to believe this because every other lawyer in Japan that we
interviewed (and we interviewed a lot of them) stated that lawyers always
represent their clients from beginning to end, including during Jidan. It
is later learned that Major Brown's lawyer and Kawamitsu and Major Brown's
second lawyer are all good friends and are all active members of various
Anti-American Groups. In addition, all three are on the SJA list of
"recommended" lawyers to represent U.S. servicemen accused of
crimes. It has been common practice for years for the SJA to recommend
lawyers who are active members of Anti-American groups. No research is
done on the lawyers except to train them on the SOFA and make sure they speak
English.
December 16, 2002 - An indictment
is handed down. Major Brown is taken into custody and put into solitary
confinement. By this time Major Brown's second lawyer, another one
recommended by the SJA, is on board. He claims to be very sincere in
defending Major Brown "even though Major Brown is claiming to be
innocent", as if this were something that was unheard of in Japan. As
it turns out, it is pretty unheard of in Japan. Individuals in Japan who
are accused of a crime are subjected to 23 days of unending interrogation
without the presence of legal counsel. Actually, it's 23 days or until you
confess, whichever comes first. This practice, known as Dayo Kangoku, has
been protested by the U.N., Amnesty International, and many other watchdog
groups for years. It also explains Japan's 95% conviction rate. And,
unless I forget to mention it later, they also have a 100% conviction rate
against American servicemen. That's right, there has never been a case in
Japan where a U.S. serviceman has been arrested and later found to be
innocent. This was not hard to research because any alleged crime
committed by a U.S. serviceman that is more serious than spitting on a sidewalk
is always written up by the local newspaper. Alleged felonies by U.S.
servicemen are always front page news. In contrast, when the wife of an
American serviceman was publicly raped by the son of a prominent member of the
Yakuza clan, a small story appeared several pages back in the paper. It
was reported on again when the victim supposedly forgave the rapist. He
was never arrested or questioned, much less indicted and convicted, even though
he came forward to "apologize for the incident". As a side note,
rape is not just rape in Japan. The standards used in Japanese courts
classify rapes in several categories: rape by a Japanese National (serious),
rape by a Foreign National (more serious), rape by an American (very serious),
rape by a black American (most serious). I'm sorry, but if this happened
to a woman I know, the penalty would be most severe, regardless of the
perpetrator's nationality.
Mid-January 2002 - after visiting
Major Brown in solitary confinement only once, failing to have translated the
500 page police file against Major Brown, yelling at Major Brown's wife for
having the audacity (said sarcastically) to show up at his office without an
appointment, Major Brown's second lawyer is fired and the family decides to hire
their own attorney instead of taking a chance on a third
"recommendation" from the SJA. The second lawyer's only actions
during his time on board were to encourage Major Brown to plead guilty and to
file for bail.
Mid-January 2002 - Major Brown's
third lawyer, Mr. Takaesu, learns that Major Brown's second lawyer did not
follow proper procedure for filing bail and that's why it was repeatedly
denied. Mr. Takaesu follows proper procedure but his filing also gets
denied. It isn't until the alleged accuser takes the stand and testifies
that she did not write the original complaint that Major Brown finally gets
bail, 149 days after being put into solitary confinement.
November - December 2002 - There
were at least two payoffs to Nakamine from Plenty Staff. There is a
possible third payoff of $13,500 that occurred right before Nakamine's final day
of testimony. We have been unable to confirm that the payoff came from
Plenty Staff because we are not allowed to subpoena their bank records or the
records of the prosecutor and we have had no contact with the alleged
victim. In an odd twist, the prosecutor actually brought up the fact that
Nakamine had received a payment and even had the audacity to insinuate that
someone from the defense side had paid her. You can take my word for
it: if we knew we could pay her to tell the truth, we would not have spent
over $250,000 on defense lawyers, investigators, special consultants, and expert
witnesses. But, of course, we have not seen the prosecutor say anything
yet that makes sense.
March 2003 - Major Brown's "trial" starts.
On the morning of the first trial day, the papers are littered with stories of
DNA evidence that supposedly shows that Major Brown's DNA was found on the
"victim's" upper torso. The defense, of course, is shocked by
this since the Discovery process is also a privilege not enjoyed in the Japanese
judicial process. The defense lawyer immediately goes to the prosecution
to get a copy of the DNA report, only to be told that there is no DNA
evidence. Two months later, a DNA report is produced. A cursory
review by a DNA expert hired by the defense proves that the report is bogus and
provides no conclusive DNA evidence of any kind. Throughout this entire
episode, Major Brown maintains that it is not possible for his DNA to be on the
alleged "victim". The prosecutor, tells the court that the DNA
evidence was destroyed because it was no longer needed, thus preventing the
defense from verifying any "conclusions" drawn. No DNA evidence
is ever entered in court. It turns out that the DNA issue was nothing more
than a false propaganda campaign designed to sway as many opinions as possible
before the trial began.
May 2003 - Major Brown is released on bail after 149 days in solitary
confinement. He reports that he was treated well during his
confinement. However, he was forced to sleep on floor mats at night and
spend his days sitting on a hard straight-backed chair. As a result, he
sustains irreparable damage to his already broken back.
From May through October, not a
single piece of evidence or testimony is presented by anyone to show that an
assault actually took place, much less anything to substantiate such an
assault. The end result of almost a year's worth of investigation, trial,
testimony and evidence is one 8 page criminal complaint that turns out to be
written by the prosecutor and the police. Every other item points toward
Major Brown's innocence and toward a more corrupt system than anyone thought
imaginable. Here are just a few of the highlights:
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The alleged accuser testifies
to Major Brown's innocence.
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The alleged accuser testifies
to having received payoffs from Plenty Staff.
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The alleged accuser testifies
to having been coerced and threatened by the police.
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Testimony reveals that the
alleged accuser cannot even read Japanese, the language used to write the
criminal complaint.
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Testimony reveals that the
alleged accuser does not even understand many of the words used in the
criminal complaint. Japanese is not her native language. The
alleged accuser is Filipino and speaks more English that Japanese.
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Expert witnesses prove that the
alleged accuser's signature stamp was forged in order to bring in a witness
(Mr. Kawamitsu) who testified about the alleged accuser's "intent"
to punish Major Brown.
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Repeated pleas by the defense
to investigate prosecutorial misconduct are turned down. Once the
forgery is discovered and prosecutorial misconduct is proven, it is ignored.
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All testimony from American
witnesses is thrown out.
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The defense team releases
medical records showing metal rods and braces in Major Brown's back that
make it impossible for him to perform the acts in the criminal complaint
that he is accused of performing. This evidence is ignored.
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Timelines generated from
testimony of all witnesses exactly matches Major Brown's version of
events. The alleged accuser concurs. Only the criminal complaint
and the testimony of Mr. DeWald (which matches the criminal complaint) do
not fit into the timeline. The sources for the timeline included
security logs, police statements, and statements from Officers and other
witnesses from the night in question. Mr. DeWald's statement is never
entered into evidence.
It is not shocking that the
Okinawan judges and the prosecutors refuse to acquit Major Brown. We have
already seen numerous, blatant examples of how corrupt they are. In fact,
with what we know about them now, we expect a conviction. It became
obvious to us that facts do not matter. We know that the prosecutor's
career is on the line, as is the Judges' careers. They are literally not
able to acquit an American in their system.
What is shocking is the fact that
the U.S. Embassy, the State Department, and the U.S. Government in general have
remained silent. There has not been a single public request from any U.S.
official asking that the Japanese government stop this nonsense. We have
seen Major Brown's rights violated under the U.S. Constitution, violated under
the SOFA, and violated under the Japanese Criminal Code. Yet, the American
Diplomats and elected officials remain silent. As a side note, yesterday
(October 15, 2003), Japan offered to provide over a Billion Dollars in aide to
the Iraqi reconstruction. So, we now expect the U.S. Government to
continue to remain silent. We believe that the U.S. is willing to
sacrifice this 19-year veteran's future, freedom, and good name in order to keep
good relations with a country that makes a practice of persecuting U.S.
servicemen and women.
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The Incident
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The true version of the incident is very different than what has been reported
in the press. Since the accuser herself has stated, on the stand and under oath,
that the original complaint was not hers but a falsified document created by the
prosecutor and the police and that Major Brown was telling the truth,
we believe that rehashing the details is irrelevant since the end result is the
same: the Japanese have wrongfully accused, imprisoned and continue to hold an innocent
American. This is even after the Japanese police concluded that the evidence
contradicts the accuser's story and that the evidence validates Major Brown's
story! The fact of the matter is that the Japanese Officials have backed
themselves into a corner and now, do not know how to get out of it and
"save face" at the same time. That is a pitiful excuse for continuing
to hold Major Brown, a soldier serving his country and protecting theirs. Anyway, in the spirit of
openness, here's the truth, resulting from our own investigation of the
incident:
In early November, Major Brown went from work to the Officer's Club on Camp
Courtney where he planned on meeting with another officer and the officer's wife (It was Karaoke
night and Major Brown is a big Karaoke fan). He met several other officers there that he knew
and enjoyed a quiet evening socializing and playing pool. Major Brown and the
other officers ended up staying until the club closed and left together. Once
outside, Major Brown was offered and refused several rides, including two offers
from the alleged accuser. The alleged accuser is a Filipino women named
Victoria Nakamine who worked at the bar as a cashier. Major Brown lives less
than two miles away, off base, and preferred to walk home. As he proceeded to
walk home and approached the rear gate to the base (the one closest to his
home), he realized that the rear gate was closed. He turned to proceed to the
front gate and the manager of the club pulled up next to him. The accuser pulled
up next to the manager's car. Major Brown saw the manager motion for the accuser
to give him a ride. Since it was colder than Major Brown realized (and he had
forgotten his coat at the club) and he now had
further to walk since he would have to exit through the front gate, he decided
to accept the ride. As they exited the front gate, Major Brown took out his
wallet and showed his ID to the guard.
As they exited the base, Major Brown set his wallet down. He realized that the
accuser was driving in the wrong direction and informed her that he lived in the
other direction. At this point, the accuser let Major Brown know that she had
other ideas. Her specific words were "You know, I can be your girlfriend. I
don't need a boyfriend and I have a husband, but I can be your girlfriend. At
this point, Major Brown instructed the accuser to pull over and let him out.
Some not so pleasant words were exchanged but she complied. As he exited the
vehicle, she said she didn't care because she had his wallet. Major Brown
attempted to retrieve his wallet, but was unable to. He grabbed the closest
thing he could get, which was her cell phone. He threatened to throw the cell
phone if she did not return his wallet. She started to drive away and he threw
the phone. The phone landed in the water and was D.O.A. She turned her car
around, threw his wallet back at him, and then yelled that she was going to the
police.
Major Brown continued to walk home, told his wife about the incident and, the
following Sunday, even called up the O'Club so that he could apologize to her
for the not-so-nice words he had said and offered to replace the cell phone. The
manager told him that it was no big deal and not to worry about it.
Approximately four days later, he learned that the police were investigating the
incident as an attempted rape. He immediately contacted the police. He has
maintained his innocence from the beginning and he has cooperated fully -
submitting to interrogations, allowing his home to be searched, property to be
seized, and even helped recreate the events for the police. At this point, the
police informed him that they had already concluded that her story was a lie and
that the information they had gathered matched his version of events. [We have
since learned that the accuser almost immediately told the police that she had
"exaggerated" the incident when they started questioning her about the
incident. By the end of the day after the alleged incident, the accuser
was stating to the police that "nothing happened" and that she just
wanted to go home. But the prosecutor told her that she could not stop the
complaint because, if she did, she would be sued by Major Brown. This, of
course, was a total lie designed to frighten her into continuing to cooperate
with their now erroneous investigation.]
On December 19th, Major Brown was indicted and taken into custody by the
Japanese. He was placed in solitary confinement and repeatedly denied bail for
149 days, even though the U.S. Marine Corps offered to incarcerate him in the
base brig and pay a hefty bail amount.
The police's own statements show that Major Brown, in the worst case, can be
accused of poor judgment. Knowing how Okinawa officials sensationalize cases
against U.S. Servicemen, knowing the bias of officials and the bias of the press
that exists against Americans on the island of Okinawa, and knowing that he
would not be treated fairly, he probably should not have accepted a ride from a
woman he barely knew, even though she was considered reputable enough to hold a
job at an Officers' Club. Unfortunately, Major Brown was not aware
of her background or reputation when he accepted the ride and the rest is
history.
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How You Can Help
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Contact Your Elected Officials
Let your Representatives know that you want them to help exonerate and free
Major Brown. Keep the pressure on and email them every day. If you don't know what to say, click here are a
couple of sample letters that can get you started.
Phone Calls Work Best
To reach the White House, call 202-456-1111
To reach your Congressman or Senators, call 1-800-839-5276 or 202-224-3121
Finding and Emailing Your Representatives
If you do not know the names of your Congressman or Senators, click on the
link below and it will help you figure out who they are based on your home address.
Let President Bush and Congress know that it is important to support our U.S.
Servicemen. Let him know that you want his staff to keep the pressure on
the Japanese Government until they release Major Brown. Email the White
House
Contact your Congressman by Clicking
Here.
Contact your Senator by Clicking
Here.
Contact the White House by Clicking
Here.
Contact the Japanese Embassy
Let the Japanese Politicians know that, as our ally in these trying times,
they need to be working with us and that they have accidentally imprisoned an
innocent man. Keep the pressure on!
Every day, fax them a note, call them, or write them. Please, please,
please let them know how you feel but also, please be respectful. Here is the contact information for the
Japanese Embassy:
Ambassador Ryozo Kato
2520 Massachusetts Avenue N.W.
Washington, DC 20008
Phone: 202-238-6700
Fax: 202-328-2187
Contribute to the Legal Defense Fund
We are not the type of family to ask for help. However, we are a little
overwhelmed with this one. Furthermore, we don't want Mike and his family
to be bankrupt when this is over. So, we're asking for your help.
All contributions will go to cover legal expenses and costs incurred by the
effort to exonerate and free Major Brown. Major Brown and his wife have
requested that anything left over be given to the Marine Corps Program
"Toys for Tots". So, that's what we're going to do. We are
not looking to profit from this nightmare and, being the Marine family that we
are, we think the "Toys for Tots" program is a pretty good cause.
Please make your check or money order payable to: "The Legal Defense
Fund for Major Brown"
Please mail all contributions to:
Walter E. Laake, Jr. Esquire
Joseph, Greenwald & Laake, P.A.
6404 Ivy Lane, Suite 400
Greenbelt, MD 20770
Thank you.
Hold a Rally in Your Area
We would love to hear from anyone who wants to go that extra mile and hold a
rally in front of a Japanese Embassy or Consulate.
Contact us by Clicking
Here and we will give you assistance and publicize your efforts on this
website.
Contact the Press
Contact the press by clicking on one of the links below and let them know how
you feel. Let them know that we are watching and we want to see them
publicize Major Brown's story.
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