Yossi, being the only minor among the three, faced trial first in early 2009. The judge could not be convinced of his innocence and sentenced him to 5 – 8 years in prison, from which time already served could be deducted and an additional 1/3 could be subtracted for good behavior. After serving 10 ½ months in Japan, Yossi was transferred to the Rimonim prison in Beer Sheva due to a prison transfer agreement between Japan and Israel. There he is able to go home to his family once in a while for a period of 48 hours.

Meanwhile, the askonim involved were working feverishly to build the best defense team possible for the other two boys while toiling around the clock to alleviate their actual physical condition as well. By the time the trial of the second boy, Yaakov Yosef, took place, there was a major change in the position of the prosecutors, who admitted that it was impossible for the boys to have known that they were transporting drugs. Rather, they wished to build their case on grounds of negligence, claiming that once the boys received the false – bottomed suitcases, they should have suspected foul play. Yaakov Yosef was sentenced to 6 years in prison, which was extraordinary in light of the fact that the prosecution requested a sentence of 13 years, and Japanese courts almost always hand down sentences of 90% or more. Askonim, together with the defense team, filed an appeal at the last possible moment before the deadline to prevent the prosecution from filing an appeal of their own, having been informed by sources that a transfer to Israel would be a long and drawn – out process during which Yaakov Yosef would be transferred to a prison labor camp rather than remain as a detainee in his current facility where the conditions are much easier. In an unprecedented concession to the defense team, the court agreed to allow Yaakov Yosef to remain in the Chiba detention center pending the outcome of the appeal instead of transferring him to the prison in Toyko where conditions would be much worse.

On Monday, November 1st, the appeal began. One of the key points brought up by the defense was the matter of the polygraph (lie detector) test which had been administered to all three boys by the prosecution, in which the result for all three was that they had not even the vaguest knowledge that they were carrying drugs in their suitcases. However, Ms. Suzuki, the woman who had administered the test, claimed in court that the test could not be relied upon 100%. She was refuted by the #1 polygraph expert in Japan and a top polygraph expert from the U.S. who testified that aside from the fact that the test is at least 97% accurate, it would be impossible to get three false results in one day, especially since the Japanese technology is one of the most advanced in this area. They supported their claim by quoting the foremost book on the subject, written by Profesor Gershon Ben-Shakhar, the very same book that Miss Suzuki relied upon. In their verdict, however, the lower court had made no mention of the entire subject, seemingly accepting the testimony of Miss Suzuki, who had proved herself a contradictory and unreliable witness. This was a glaring omission, as a verdict must explain the court's decision on each point presented.

In addition to the matter of the polygraph test, defense lawyers also asked to present other witnesses and evidence that were either new or had not been allowed at the original trial. Despite the attorneys' compelling arguments, the Tokyo High Court decided that it would not allow any further evidence or testimony, a very disturbing decision.

Following this development, the defense lawyers wasted no time and submitted strong documents regarding the polygraph evidence to the judges, including Professor Ben-Shakhar himself's expert written opinion. A hearing was scheduled for December 2nd, the first day of Chanuka. After the judges entered the courtroom and the defense lawyers began their presentation, the presiding judge immediately announced that he would allow additional evidence and witnesses, including personal testimony by Professor Ben-Shakhar. This was a stunning reversal of direction by Judge Akira Kanaya, one of the many open manifestations of the Yad Hashem that the askonim have repeatedly experienced during the cases. Indeed, Yaakov Yosef himself said many months ago, "This year, on Chanuka, we will see big nissim!" Professor Ben-Shakhar's testimony is scheduled for the end of January. The first session of Yoel Zev's trial, took place in July of this past summer. The prosecution presented only a single witness, one of the customs officers who checked the boys' suitcases upon their arrival at the airport. He admitted that the boys were completely calm, further proof that they had no idea of what was in their luggage. The defense team presented as witness Mr. Michael Levine, a 40 year veteran of the U.S. Drug Enforcement Agency at JFK and Miami International Airports, who testified that the behavior of the boys was typical of "blind mules", innocent and unwitting drug couriers. During his testimony, Levine, called "America's top undercover cop for 25 years" by CBS news, showed how all the boys' actions pointed to their total naivete, such as their traveling in a group, using their real passports, and going on the same line at customs.

Before the second session of the trial, which took place during the week of October 18th, the presiding judge, Judge Hiroshi Furuta, known to be a stringent hard-liner, was replaced by another judge, Judge Masanori Hodoko, who seemed extremely interested in the details of the case, including the boys' background.

On the opening day of that segment of the trial, Rav Moshe Chaim Levi, mashgiach at the Satmar yeshiva in Bnei Brak where Yaakov Yosef and Yoel Zev had been students, testified for an hour and a half regarding the refined character of the two boys. He also told the court that the boys knew the one who had send them on their ill – fated mission as a former student of the yeshiva, and, taking into account the insulated environment of Bnei Brak, they had no reason to believe that he would mislead them in any way.

Yoel Zev himself was next to testify. In his testimony he reviewed the events of that fateful day, with the defense lawyers highlighting the fact that due to the language barrier, many of his original statements were misunderstood by the initial interpreters, who sometimes had to use a dictionary to assist them in their translation. Yoel Zev was also asked about sports and music, and it was clear that he had very little knowledge of the secular world.

The last witness to testify was Rabbi Moshe Dovid Niederman. Rabbi Niederman, the leader of the United Jewish Services of Williamsburg, gave a comprehensive historical narrative of the Satmar chassidus in general, and painted a clear picture of the insular nature of the Satmar community, particularly in Bnei Brak. He showed the judges an English – Yiddish dictionary, and pointed out that words such as drugs and narcotics are not to be found there at all.

Closing arguments were adjourned as the new judge agreed to take the time to further familiarize himself with all the aspects of the case. Defense attorneys also requested permission to present other evidence and witnesses, including Professor Ben-Shakhar, which the original judge did not allow. A hearing was scheduled for Wednesday, November 24th, which was attended by Rabbi Meilich Bindiger, personal secretary to Dayan Chaim Yosef Dovid Weis of Antwerp and Rabbi Aron Nezri, a London-based askan who is coordinating the defense. Dayan Weis, Rabbi Bindinger, and Rabbi Nezri have been at the forefront of the defense effort.

At the hearing, the judge announced that:

Regarding the admission of new evidence, he asked that the lawyers provide more information and proof that the evidence is admissible under Japanese law;

Regarding a further witness, he instructed that the lawyer who interviewed the said witness provide him with further detail for consideration, and;

He showed great interest in Professor Ben-Shakhar's expert opinion, and agreed to reconsider the defense team's request to admit it as well as Professor Ben-Shakhar himself as a live witness. The judge further requested that the defense team resubmit certain documents which he felt had been unfairly rejected by Judge Furuta. The next hearing is set for December 22nd, when the final decision will be made on these issues.

It is almost three years since this nightmare began. Askonim have made more that 20 trips to Japan as well as many trips to Eretz Yisroel, the U.S., and Holland. Sleep is but a word in the dictionary. The boys are suffering for all of us, but their emuna and bitachon is very strong. What is our part in all this? We must keep on being mispallel for Yaakov Yosef ben Raizel and Yoel Zev ben Mirel Risa Chava. This is the only way that this sad episode can reach a successful conclusion.

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As we anxiously await good news on the situation of the two boys still trapped in Japanese prison cells, askonim toil tirelessly around the clock to ensure that all legal matters proceed in the most effective manner possible.

On December 13th, a hearing was held in the Tokyo High Court regarding its decision on whether they would allow further evidence and/or witnesses in the appeal of Yaakov Yosef ben Raizel. Yaakov Yosef himself was present at the hearing, and looked well. Remembering how badly he had suffered on his last trip from the Chiba Detention Center to the Tokyo High Court, Rabbi Nezri asked that Mr. Ozawa, one of the attorneys on the defense team, request that Yaakov Yosef be given better treatment during the trip. Thankfully, the request was honored and the rope holding him was loosened, and he was given a bottle of water for the journey as well.

Bechasdei Hashem, the judges ruled that Professor Gershon Ben-Shakhar, the foremost polygraph expert in the world, would be allowed to testify. His testimony is scheduled for the 26th of January. On December 17th, Mr. Mikaye, an attorney on Yoel Zev’s defense team, met some of the judges who are presiding on the case in a fifteen minute informal meeting. The purpose of the meeting was to stress the importance of admitting additional evidence and live witnesses. Mr. Mikaye stressed the significance of the polygraph issue, and the judge agreed that Professor Ben-Shakhar’s expert opinion would indeed be essential to the case. He will give his final decision on December 22nd as planned.

The clock is ticking, bringing us closer to the critical end stages. Let us increase our tefillos on behalf of Yaakov Yosef ben Raizel and Yoel Zev ben Mirel Risa Chava. This is only way to their ultimate salvation.

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On Wednesday, January 26th, the Tokyo High Court was the setting for the extremely comprehensive, eloquent, and fascinating testimony given by Professor Gershon Ben-Shachar on behalf of Yaakov Yosef ben Raizel. Professor Ben-Shachar retired this past July after forty years of extensive research on polygraph testing, making him the foremost expert on the subject worldwide. Several of his published studies had been quoted during the initial trial at the Chiba District Court both by Ms. Reiko Suzuki, the woman who had administered the test to the three boys, and by Dr. Yamamura, a top Japanese polygraph expert who testified for the defense, and others. Through the tremendous efforts by askonim and the defense team, Professor Ben-Shachar was thankfully allowed to appear as an expert witness at the appeals trial.

The issue in question was the claim made by Ms. Suzuki that it was possible for an individual to pass the test whilst possessing “vague knowledge” of the matter at hand. In a beautifully clear and articulate English, Professor Ben-Shachar emphatically asserted that there is no scientific basis for making such a claim; on the contrary, scientific research bears out the exact opposite – that vague knowledge equals knowledge and would effect the same result on the CIT (Concealed Information Test), the type of test used exclusively in Japan, as opposed to other countries including the United States, Canada, and Israel which use the CQT, a less accurate version of the test.

Professor Ben-Shachar further stated that although he does not encourage the use of polygraph testing in court in general, CIT testing is the only form of the test which is scientifically based. He is particularly qualified to address this subject, as he is currently publishing the first book dedicated to this form of testing only. In addition, he added, all of the examiners in Japan are also researchers on the subject and are far superior to their counterparts in other countries. The Professor had visited Japan in 1995 to witness police polygraph examinations. He commented that he was familiar with Ms. Suzuki herself from the Conference of the Association of Japanese Polygraphers which he addressed in Kyoto in 2009 at which she was an attendee. She also coauthored an article for publication together with one of Professor Ben- Shachar’s colleagues. Thus, the test was sound and the examiner was highly qualified. The Professor also made note of the paradox that had the polygraph results shown any differential response, the prosecution would certainly have used these results to incriminate the bochurim.

Regarding the specific examination given to the three boys, the Professor said that he had reviewed the information charts in detail and did not note any differential responses at all. There were many questions posed to three boys with four separate reactions such as the skin conductivity response, heart rate, and perspiration level being monitored. The questions themselves were appropriately formulated, and there was no indication whatsoever that the subjects had any knowledge of what they had in their suitcases. “The charts have a tremendous amount of data and show the typical un-knowledgeable individual” said Ben- Shachar. The charts also included the results of the card test for each of the defendants, which clearly and consistently showed that the three boys were valid candidates for polygraph testing in that they demonstrated clear physical reactions to an item having meaning to them.

Although Ms. Suzuki wanted to claim that if the time recognition question (meaning when did the subject gain knowledge of the issue in question, i.e. that they were carrying drugs) did not include the exact moment at which they gained knowledge the test would not be accurate, Professor Ben-Shachar strongly emphasized that as long as the multiple possible answers covered the entire time period correctly, which they did, scientific research confirms that a differential response would have been observed. Similarly, Ms. Suzuki argued that if the opening line of the questions did not specifically reference the point of guilt being sought, the results need not be accurate. “I cannot agree”, said Professor Ben-Shachar. Studies clearly indicate otherwise - the opening line has very little import in achieving a proper result. As long as the multiple possible answers included are of relevance to the examinee, a reaction would definitely be noted even had they had a mere suspicion, inference, or guess that they were carrying something illegal.

“The claim of “vague knowledge” undermines the whole science of the test. Why then administer the test at all?” asked the Professor. In his concluding remarks, he stated: “I feel that I am here to defend Ms. Suzuki’s own occupation and career.”

Present at the trial were Yaakov Yosef’s father, Rav Yitzchok Dovid Grossman of Migdal Haemek who came to give chizuk to both boys and to show support to the askonim; R. Aron Nezri and R. Meilech Bindinger, the principal askonim involved, and others who were either in Japan on business or volunteered to come and support the defense effort.

Ms. Suzuki has until February the 28th to respond to Professor Ben-Shachar’s testimony, after which the Professor will be allowed to respond to her in writing by March 14th. It is more critical than ever for us to be mispallel for Yaakov Yosef ben Raizel and Yoel Zev ben Mirel Risa Chava. More than anything else, our tefillos are what can effect their ultimate salvation.

Whilst klal yisroel received in jubilation the good news of the early release of Yosef ben Itah Rifkah, the youngest and the only juvenile of the three bochurim, who was serving a 5 year sentence in Israel; yidden around the world continue to plead mercy for the older two bochurim, who since they were older than 18 years upon their arrival to Japan, are threatened with facing a much harsher and lengthier sentence.

The trial of Yossy, the youngest of the three bochurim, was rushed; concluding with his receiving a sentence of five years, the maximum punishment for a juvenile, as per Japanese penal procedures. Yossy was subsequently transferred to a labor camp in Japan where he spent almost 10 & half months under the very strict Japanese correctional system. He was nebbech stripped of his Yiddish clothing, and was only allowed very limited time to daven or learn. Every minute of every day in a Japanese prison is governed by demoralizing and stringent regulations.

Yossy was fortunate to be brought back to Israel after these very difficult dark 10 months in jail. (In 2003 Japan acceded to the Council of Europe Convention on the Transfer of Sentenced Persons.)

Meanwhile, the bochurim are held at the Chiba Detention Center, where they are entitled to certain rights that allow them to daven and learn as long as they wish, retain their appearance as yeshiva bochurim, and receive short daily visits.

The older two boys, being adults as per Japanese law, are as stated above, in a position where they could face a far higher sentence chas veshalom and in an even more rigid and infamous facility. The defence team are sparing no efforts to avoid this at all costs, and plead that klal Yisroel continue beseeching shomayim for a speedy yeshua.

The hearing held on Monday, February 28 in the Tokyo High Court in the appeals case of Yaakov Yosef ben Raizel has been concluded at 4:55 PM Tokyo time. At this hearing, Ms. Reiko Suzuki, the woman who had administered the polygraph test to the three bochurim arrested in Japan for carrying drugs in their suitcases, took the witness stand in her quest to defend her position that passing the polygraph test does not preclude the possession of “vague knowledge” in the subjects being tested.

Ms. Suzuki’s hour and a half long examination by the prosecutor proceeded in an atypical and seemingly ridiculous fashion, with 90% of the questions apparently having been prepared in advance to only require one word answers from Ms. Suzuki such as yes, no, of course, etc. in her attempt to avoid ensnaring herself in her effort to challenge Professor Ben-Shachar’s scientifically based testimony of January 26th which clearly proved that CIT testing is accurate even in the case of vague knowledge.

After a twenty minute break, Mr. Takano, the leading lawyer on the defense team, cross examined Ms. Suzuki for another hour and a half, with Ms. Suzuki being extremely evasive in her answers. The defense team detected at least two outright lies and several contradictions in her testimony, which will be clearly highlighted at the closing arguments which are scheduled to take place on March the 28th.

Present at the hearing were Yaakov Yosef’s father, Rabbi Aron Nezri, Rabbi Meilich Bindinger, and Professor Ben-Shachar, among others. After the hearing was over, the Professor stated that he was surprised at Ms. Suzuki’s “cheap fakery”. The defense team now has one month to prepare its closing arguments. The end is drawing near. We must use this time to be mispallel for Yaakov Yosef ben Raizel and Yoel Zev ben Mirel Risa Chava.

At this critical time, every minute of the lawyers' time should be going into preparation of closing arguments. However, the lawyers are owed outstanding legal fees from pre Sept 2010! Please remember that every day makes a huge difference. The clock is ticking towards the moment of the trial. Naturally, large outstanding invoices of legal fees have a direct effect on the efforts the lawyers invest in the trial. This can pose a danger for these crucial, last few weeks. Every day can make a difference.

In order to encourage the defense attorney’s dedication and determination, there is an urgent need to immediately pay all outstanding debts and assure the defense attorneys’ that all their invested efforts will be promptly paid Please help and contribute whatever you possibly can.

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Today, Monday, March, 28th at 1:30 Tokyo time, final closing arguments took place in the appeals case of Yaakov Yosef ben Raizel.  In attendance were Yaakov Yosef’s father, Rabbi Edery, Chabad Shaliach to Tokyo, and askanim R. Aron Nezri and R. Meilech Bindinger.  Yaakov Yosef himself was also present, with an interpreter giving him brief explanations of the proceedings on the presiding judge’s direction.
 
After a behind closed doors session between the defense team and the judges, proceeding opened with defense lawyer Goto presenting the court with evidence which cast aspersions on the documents submitted by Ms. Suzuki last week.  Defense lawyers Honda and Ozawa then summarized the defense arguments, following by Mr. Takano who condemned Ms. Suzuki’s underhanded manner in trying to downplay the relevance of the valid polygraph tests.
 
The verdict date has been set for May 16th at 2:30 PM Tokyo time.
 
Askanim visited with Yaakov Yosef after the conclusion of the hearing.  Yaakov Yosef was in good spirits, and described how the detention center shook like a boat during the March 11th earthquake.  Askanim also visited with Yoel Zev ben Mirel Risa Chava before the hearing in the detention center, and he also described his fear of the earthquake.  Both boys displayed tremendous emuna and bitachon.  Closing arguments for Yoel Zev ben Mirel Risa Chava have been scheduled for May 9th.

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THIS Sunday, April 3rd, a worldwide Yom Tefilla for ladies on behalf of the Yoel Zev ben Mirel Risa Chava and Yaakov Yosef ben Raizel, is being held in many communities throughout the world.
 
Only two weeks ago a powerful asifa was organized for Lakewood men. The hall was packed and more than 1300 men gathered to hear first-hand reports from an askan and a witness and to daven for a desperately-needed yeshuah. At the time of the ladies’ worldwide Yom Tefilla this Sunday evening, it will be Yom Kippur Koton, Erev Rosh Chodesh Nissan, a most opportune time for tefillah.
 
The cases of these two boys have been closely followed by all of Klal Yisroel in cities around the world. For three long years, these boys have been languishing in their prison cells, awaiting a yeshua. For three long years, their families have cried through sleepless nights, wondering if they will ever see their son, or brother come home… and come home safe. The boys’ trials are now at the last and most critical stages. “The gates are about to close.”
 
Yaakov Yoseph ben Raizel, who was convicted and sentences to 6 years in prison, had his closing arguments presented this week on Monday, March 28th. The verdict is scheduled to be announced on May 16th. It is crucial that Klal Yisroel step up its efforts, in tefilla and with funds, as both are vital for a favorable verdict. This verdict is the final decision on Yaakov Yoseph’s future, and he looks to us pleadingly, to beg the Ribono Shel Olam to have mercy on him and release him from his suffering.
 
Yoel Zev ben Mirel Risa Chava’s closing arguments are scheduled for May 9th. That will be his final chance to prove his innocence to the judge, who will issue a verdict several weeks after the closing arguments.
 
We must imagine and think to ourselves, how much effort we would invest if it was our son, brother, grandson, nephew, friend, or neighbor who was on trial and we must double those efforts so that these two special boys can come home and rebuild their lives.
 
The lawyers have been tirelessly working with the askanim to prepare the best defense for these boys. However, there are still tremendous outstanding debts owed to the lawyers. Boruch Hashem many of you have heard this message and responded to the call. A yasher koach goes to you; it has made a real difference. At the same time, the numbers still owed are staggering.
 
We need to keep in mind that the askanim who have given up their personal lives for the past three years, working many days without sleep and no monetary compensation, are not only working for the boys. They are working for us. We are all equally responsible to care for our brethren in their time of need and these askanim, who are shouldering this enormous burden, deserve our appreciation and our tremendous support. They have so much more to deal with than money, the least we can do is alleviate the financial burden.
 
May our tefillos and our mesirus nefesh to help these boys, be a zechus as we show Hashem that the pain of another Yid is a pain that we all share. In the merit of our nosei b’ol may the month of Nissan be a month of geulah shlaimah for them and for Klal Yisroel.
 
For information on your local asifa, please call 917-575-8719

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A worldwide women’s Yom tefilah was held this past Sunday as a zechus for Yaakov Yosef ben Raizel and Yoel Zev ben Mirel Risa Chava. Women left their Pesach cleaning behind for an hour or more, in a moving display of ahavas Yisroel, and united in many locations to say tehillim. As part of the program, in order to gain an understanding of the nightmare that the boys are enduring, the women were shown a video of the men’s asifa that took place in Lakewood on March 17th.
 
This presentation includes a first-hand report on the situation from Rabbi Abba Dunner, who has been to Japan on their behalf of the boys on numerous occasions, and Mr. Michael Levine, a former undercover agent for the FDA who is participating in the efforts to prove the boys’ innocence by providing expert testimony on the norms of drug trafficking and the very obvious proofs that these boys were totally unaware that they were doing anything wrong. The last five minutes of the audio visual presentation included a heart-wrenching glimpse behind the scenes into the work of the askanim and the conditions of the two bochurim.
 
In Lakewood, more than 1000 women turned out and gathered in Bais Faiga Hall where they heard from Rabbi Ephraim Eliyahu Shapiro from Miami, in addition to the viewing the presentation. Rabbi Sahpiro spoke movingly about taking on a small step of improvement as a zechus for the boys.
 
The recording of the Lakewood and Brooklyn events can be heard on Kol Halashon by dialing 718-906-6400. Press option 1714. Choose option 1 for Brooklyn or 2 for Lakewood. The recording includes the men’s asifa.
 
Please note that we will have a recording of the men’s asifa on Chazak and Kol Halashon shortly.

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Whilst all of Klal Yisroel are knee deep in pre-Pesach preparations, our brothers in the Japanese prison must not be forgotten.

Indeed, the askonim who have been overseeing and coordinating the defense effort and everything else, they are now hard at work ensuring that the boys receive matzos and other Pesach staples.

It is hard to believe that this will be the fourth Pesach that Yoel Zev and Yaakov Yosef will be spending in solitude without family, with only their bitter tears to serve as marror. In the previous years, matzos have been allowed into the prison, and it will be so this year as well.

An ample amount of matza has already been shipped to Japan for the two boys. However, askonim are trying every method possible to have the authorities allow grape juice, special kosher meals, and packages of dry food items such as nuts, chocolate, Pesach cookies, and the like, into the prison.

If these items will not be authorized, the only food other than matza that the bochurim could possibly eat during Yom Tov would be some fruits or vegetables supplied by the prison. Although up until now permission has not been granted, we continue to hope that the ceaseless efforts of the askonim will prevail.

The boys have also been sent new clothing for Yom Tov as well as hagados, machzorim, and sefarim.

The boys will also be visited this week by a wonderful and selfless individual who will spend a few days in Japan to visit with them.

This will be a source of tremendous chizuk for the boys, as visiting opportunities during the chag itself will be extremely limited due to the way it falls out in the calendar this year, with a Shabbos right before it and another Shabbos in the middle of Chol Hamoed.

Furthermore, the Japanese National Holiday, during which everything including the prisons are closed, arrives two days after Isru Chag, from April 29th through May 6th, during which time no visitors will be allowed.

Yoel Zev’s Trial Although closing arguments had originally been scheduled to take place last Tuesday, April 5th, they were postponed by the court until May 12th.

In an unusual gesture, the presiding judge contacted Mr. Miyake, chief defense lawyer for Yoel Zev, to request the adjournment.

Normally, any contact with the lawyers would be made by the court clerk and sometimes by one of the two junior judges on the panel.

The presiding judge, Mr. Hodoku, gave two reasons for the deferment; one being that the prosecution’s documents were not ready to be submitted, and the second, more significant reason being that one of the two junior judges was being replaced.

Mr. Hodoku apologized for the inconvenience it would cause to Yoel Zev, actually referring to him by name, an extremely extraordinary detail.

While the said documents were ready the very next day, the second concern was deemed to be a legitimate one.

In Japan, judges are often replaced during the months of October and April. Indeed, the presiding judge himself replaced another judge, Mr. Furuta, who was a very tough hard liner.

Judge Furuta’s entire panel of judges was a difficult one, and thankfully one of the junior judges was also replaced thereafter. Now, the second junior judge is to be replaced.

This judge, while of course not rendering the verdict alone, will be the one in charge of writing it, something which would be difficult for him to do given the fact that he will be new to the case and unfamiliar with its details.

Thus, the defense team agreed that instead of going ahead with the closing arguments as planned and then waiting a long time for the new judge to learn the case and for the court to reach a verdict, they would allow the closing arguments to be rescheduled for May 12th at 10:00 local time.

The date of April 5th, last Tuesday, was used instead for a meeting at which Yoel Zev himself was present.

The documents of both Professor Ben-Shachar, expert witness for the defense in Yaakov Yosef’s appeals trial, and Ms. Suzuki, the woman who had administered the polygraph test to the boys and witness for the prosecution, were submitted to the court at this time.

The subject of Ms. Suzuki’s shocking and underhanded dishonesty which were discovered shortly before Yaakov Yosef’s closing arguments was also brought to the attention of the judges.

Ms. Suzuki, who had wanted to put forth the opinion that the polygraph test did not rule out the possession of “vague knowledge” by the person being tested, was hard put to discredit Professor Ben-Shachar’s expert opinion, being that he is the foremost expert on the subject worldwide and that his testimony was totally based on science and research.

Thus, during Professor Ben-Shachar’s testimony, the prosecution took to “quizzing” him on the informational charts of (the actually polygraph tests and the) card tests (a test to determine whether a person is fit for testing) done on the three boys, something totally irrelevant to the matter at hand.

Indeed, the lawyers were kept busy objecting to the proceedings – were they discussing the validity of the polygraph test of the Professor’s acuity in reading charts?

During Ms. Suzuki’s testimony at the following hearing, she said that Ben-Shachar had given an incorrect answer to the question of which number was on one of the bochurim’s card test.

Being that she had claimed all along that she had kept notes while administering the test, the defense lawyers asked that the prosecution present those notes.

They always said they did not have them.

When Miss Suzuki gave her shocking statement trying to discredit Prof. Ben-Shachar, she was asked to show her notes. She then said that she will see if she has them - previously she always denied having any notes on the polygraph subject, but here she suddenly said that she will search for them!

When the prosecutor was asked to obtain them, he refused to do so.

Mr. Takano, chief lawyer on Yaakov Yosef’s defense team, requested that the court demand that they procure the notes.

Mr. Takano then saw the “notes” – three small pieces of paper, each with one of the three boys’ names on top and a number underneath, ostensibly the number they chose during their card tests.

Ms. Suzuki then claimed that she did not write the numbers at all; rather, that the boys wrote them themselves.

Upon studying the numbers and comparing them to samples taken from the boys’ papers which were confiscated from them upon their arrest as well as current samples obtained from them in prison, it was clear to Mr. Takano and the askonim that the boys never wrote the numbers.

Mr. Takano presented his evidence to the judges behind closed doors before Yaakov Yosef’s closing arguments got underway, and also during the meeting of April 5th with Yoel Zev’s judges.

It is clear that all possible forms hishtadlus on the legal front are being done.

As far as we are concerned, Hashem is shaking up Japan, and us, with the large earthquake on March 11th and another, smaller one, last week which was felt by the boys in Chiba for several minutes. We would do well to heed His call and do our part by keeping Yaakov Yosef ben Raizel and Yoel Zev ben Mirel Risa Chava in our tefillos during Pesach, as well as contributing towards the desperately needed funds.

The holiday of freedom is at our threshold, may our bochurim in Japan indeed merit their own personal freedom soon.

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While all of us were going about our Pesach preparations and then enjoying our Yom Tov, our two brothers trapped now for three years in a Japanese prison have not been forgotten. Askonim arranged for Yaakov Yosef ben Raizel and Yoel Zev ben Mirel Risa Chava to have a special visitor the week before Yom Tov, the renowned badchan R’ Yankel Miller. Rabbi Miller spent two days in Japan, during which he visited both boys. It was arranged for lawyers to be present during the visits so that Rabbi Miller could spend more than the 20 minutes allowed if only an interpreter is there.
 
In an interview given after his return from Japan Rabbi Miller expressed his amazement at how the two boys, completely alone under extremely uncomfortable conditions have so obviously continued their development as true talmidei chachomim who spend their time learning from the many seforim provided to them. His discussions with them ranged from Halacha to Sifrei Chassidus, from which they were able to quote extensively. Of course, Rabbi Miller also gladdened the hearts of the two bochurim with his own special brand of badchanus, which certainly helped to put them in a positive frame of mind.
 
“The first question that I am asked regarding my visit is, are the boys still normal?” reported Rabbi Miller. “It is clear to me that it is to the credit of the askanim that the boys have been able to hold up so well under the circumstances. Besides for overseeing the defense effort, they have made sure to provide Yaakov Yosef and Yoel Zev with whatever they can, be it physically or spiritually, as well as arranging for them to have visitors at every possible opportunity. Aside from the tremendous amount of time and effort involved in coordinating all of this, every single step requires a tremendous amount of funds, which we must do our best to provide.”
 
Rabbi Miller conveyed the feeling that when the boys were learning, they would temporarily forget where they were, the Limud Hatorah helping them transcend time and place. When asked what his message from the boys was, he clearly replied that they urge all of Klal Yisroel to daven andbeseech Hashem on their behalf, that they finally be freed from their terrible plight. “There are two things which we must do. The first is daven, daven and daven, and the second is donate, donate, and donate.”
 
Although tremendous efforts had been made to have grape juice and other Kosher L’Pesach items admitted into the prison, ultimately only matza was allowed to be brought in. However, the askonim were able to arrange for a friend of Yaakov Yosef and Yoel Zev from their Yeshiva in Bnei Brak who was able to spend the entire Yom Tov in Japan. He visited with them on Erev Yom Tov, every day of Chol Hamoed, and on Isru Chag as well. It is not possible for us to imagine what type of difference this visit made to the boys, if only to make them feel that they were not spending Pesach alone.
 
Extensive preparations for the closing arguments scheduled for May 12th in the trial of Yoel Zev ben Mirel Risa Chava are underway. The Askonim involved in the defense effort; Reb Ahron Nezri, Reb Meilech Bindinger together with Dayan Weis, have spent every spare moment before, during, and after Pesach working with the defense lawyers in finalizing the documents which will be submitted to the court for the final hearing.
 
Each lawyer in the defense team is responsible for a different aspect of the case, and writes a draft of his arguments which is then sent to the askonim for their review and comment. After having the draft translated from Japanese to English, the askonim delete, add or change the text in the way they feel will be most effective to the defense effort. Only after each file has been approved by the askonim and the other lawyers on the defense team can it be translated back into Japanese and finalized.
 
In a recent development, Mr. Takashi Takano, chief lawyer on Yaakov Yosef’s appeals team, had discovered an extremely disturbing act of perjury committed by Ms. Suzuki in the fact that she had stated that the numbers written on her notes of the polygraph examination were written by the boys themselves. Investigations led to the conclusion that not only did the handwriting not match any of the samples taken of the boys’ handwritings, but that the numbers were written by the same person. His findings have since been confirmed by a noted Japanese graphology expert, and the graphologist’s expert opinion has been submitted to the court. They will probably be submitted to Yoel Zev’s judges as well.
 
The verdict in Yaakov Yosef ben Raizel’s appeal is set for May 16th.
 
We are very, very close to the verdict dates. “Kol Yisroel Areivim Zeh Lozeh” - we are certainly responsible for our brothers imprisoned so unjustly in a foreign land. We must utilize the short time left to us to increase our tefillos and maasim tovim on behalf of the two boys, and to help in the pidyon shvuyim effort, each according to his ability. May we be able to report joyous news about both boys very soon.
 

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Closing arguments will be held in the trial of Yoel Zev ben Mirel Risa Chava 12:30 TONIGHT ESTwhich is tomorrow,Thursday,May 12th, 1:30PMTokyo time,. At the closing arguments, the three defense lawyers, Mr. Miyake, Mr. Nakamura, and Mr. Takano will argue the main points in favorof the defendant verbally before the judges. Each of the three attorneys is responsible to address a different aspect of the defense effort andwill present the proofs supporting his position to the court. Mr. Miyake is handling the aspect of the boys’ sheltered upbringing which resulted in their not even knowing of the existence of narcotics to the extent that they were not aware that the word “Sam” in Hebrew connotes anything other than poison, as Rabbi Niederman and the principal of the boys’ Yeshiva testified in previous hearings. Mr. Nakamura will go through Yoel Zev’s personal testimony of the events as they occurred step by step, and Mr. Takano will address both the polygraph issue and the “blind mule” issue as per former DEA Michael Levine’s testimony.
 
Some of the points that will be included in the closing arguments are:
 
The absolute trust that the boys had in the individual who sent them, a well known and respected personality within their circle, to the point that it was actually considered an honor to do a service for him.
 
• The fact that the only languages the boys are familiar with are Yiddish and Lashon Hakodesh, but not Modern Hebrew. Thus, even when confronted with the shocking discovery that there were white pills rather than antiques in their suitcases, they boys were disbelieving when told that they were “sam”, which to their mind simply meant poison.
 
• The actions of the three boys in Narita International Airport clearly indicated that they were blind mules (unwitting carriers) vs. witting mules (knowing carriers). The fact that they were willing to do the job for only $1,000.00 clearly proves that they did not know they would be carrying drugs. Further, they used their true names and passports, went on the same line at customs, and wholeheartedly agreed to undergo polygraph testing. Yoel Zev even tried to open the false bottom to show the inspector that he had antiques concealed within!
 
• All three boys passed the polygraph test with the definite result of “no knowledge”. The expert testimonies of Dr. Yamamura, Japanes polygraph expert, Dr. Beaber, American polygraph expert, and Professor Ben-Shachar, world – renowned Israeli polygraph scientifically confirmed that they had absolutely no knowledge of what was in their luggage.
 
• The verdict date for Yaakov Yosef ben Raizel is set for Monday, May 16th, 1:30 Tokyo time, which will be 12:30 AM Sunday night NYC time.
 
Acheinu Bnei Yisroel, Rachmoni B’nei Rachmonim, now, more than ever, is the time to daven for Rachamei Shomayim on behalf of these two innocent neshamos. Please be mispallel forYaakov Yosef ben Raizel and Yoel Zev ben Mirel Risa Chava. Please contribute as much as you can to the pidyom shvuyim effort.
 

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Thursday 12th May At the Chiba district court, the closing arguments, being the final hearing for the third boy, Yoel Zev, began at 10am local time.
 
Yoel Zev was brought in at 9:55 accompanied by two guards and was seated on a bench in front of the defence teams table.
 
In order that Yoel Zev should understand the proceedings, an earpiece that is connected to the court appointed interpreter microphone, was placed on Yoel Zev.
 
The judges walked into the court room and bowed down, as is in Japanese custom.
 
The presiding judge first announced that the court rejects the recent evidence being the expert opinion by a graphologist - a handwriting expert, that determines that Miss Suzuki's recent evidence has been forged.
 
One change in the room was, having a new minor judge and a new prosecutor. The new minor judge who has never worked as judge before and is very young has now replaced the last minor judge of the three previous judges, led by presiding judge Furuta, a hardliner that has never acquitted someone before.
 
Yoel Zev quoted after the trial, that last year chol hamoed succos, he attended one of his pre-trials and was given the arba minim after the hearing and with the permission of the judge, he made a brocho loud and was shaking it in fron of the old panel of judges. He now says "Ich hob geshokeled in geshokeled and they have all disappeared".
 
The proceedings began at 10:05 with the prosecutor starting to read out his closing arguments. It was 10:32 when the prosecutor concluded that due to Yoel being older in age and wasn't a minor when he entered Japan, he deserves a longer punishment and a heavy fine - a 15 year prison sentence and a 5 million yen fine ($62,000).
 
Upon hearing this, yoel stayed calm and the chief defence lawyer Mr Miyake stood up and started his part of the defences closing argument, followed by Mr Nakamura and Mr Takano. At 12:55 Mr Takano concluded and Mr Miyake stood in front of the judges and gave his final words to the judge in relation to Yoel Goldsteins suffering and innocence. When the procedure was concluded, the judge asked Yoel to stand up and asked him if he wants to say something to the court, being his last opportunity. He replied yes, and asked the judge allowed him to sit down rather then stand as all defendants do.
 
Yoel started by saying;
 
"Honourable judge, I have been observing the biblical orders from my Almighty since I was born. I have prayed at least three times a day since my childhood. I have always been an honest, studious, hard-working and good person.
 
I spent most of my spare time in hospitals, to assist, and bring joy to sick and elderly patients.
 
I have never hurt anyone in my life. I would never do something that could cause a person pain, illness or death.
 
It was my duty, great honor and pleasure to study the Jewish law in Israel and I continued to study the same even in the small cell of Chiba Detention Center in Japan.
 
In CDC I have been deprived of Kosher food as strictly prescribed by the Jewish law. This has harmed my physically and emotional health.
 
Sometimes I wonder why I have unjustly been kept in a small cell for more than three years.
 
I always concluded that the Almighty ordered this hardship upon me, and it is my obligation to pray for His salvation according to the Jewish heritage and to accept what the Almighty has decreed upon me.
 
As the honourable judges are aware, I innocently trusted a member of my community. I am still shocked how can people be so wicked?
 
The Judge surely believes me. I am not saying lies. I am speaking from my heart.
 
I have testified truthfully to the court, exactly according to my memory and have not hidden anything. I therefore have no fear and I am confident that the Judge will see my innocence.
 
I would like to thank to the court for hearing my case thoroughly and carefully. - Speech ends.
 
The judge set the verdict day for 29th August and apologised to Yoel Zev for having to keep him longer in detention! This is not the first time that the presiding judge apologises.
 
Present at the trial were Yoel Zev's brother in law, Dayan Weis, Aron Nezri, Meilech Bindinger and a few other volunteers who came to give support.
 
After the hearing I visited Yoel Zev at the detention centre and he was in very good spirits. He said that he was not shocked to hear that the prosecutor demands a 15 year sentence and continues to rely on H-shem and on the tefilos of klal yisroel.
 
Both, Yoel and Yakov Yosef were visited after the hearing, by Meilech Bindinger, myself, Dayan Weis and the few other visitors who came to show support.
 
I arrived a day earlier to finalise with the lawyers the closing arguments and to help Yoel prepare his final speech to the judges. I as well met both boys before the final lawyers meeting.
 
Yakov Yosef told me that he already sent out all his seforim and belongings so that on the verdict date he won't have to come back to the detention centre to collect his belongings and can go straight to the immigration to get ready to go home. He as well told the guards that he is leaving on Monday and thanked them for their good treatment and assistance.
 
Yakov Yosef's verdict will be held on this coming Monday at 2pm local time, 6am UK time, 1am US time.
 
Please continue to daven for Yakov Yosef ben Reisel and Yoel Zev ben Miral Risa Chave.
 

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Firsthand report from Askonim in Japan
 
Report from the Tokyo High Court
Chamber 410
16 May 2011
14:30 pm Tokyo time - session began.
16:15 - session concluded.

Dear Yidden around the world;
 
We and the defence attorneys are upset to have to report that the Tokyo High Court failed to overturn the ruling of the district court. This has devastated the entire defence team.
 
The presiding judge read out the sentence, then there was a lengthy proceeding of explanation and interpretation for Yakov Yosef to understand.
 
As soon as we walked into the court room, we saw 2 immigration officers present, which were intended for taking Yakov Yosef to the immigration after he's been acquitted, but 10 minutes later. (When one gets acquitted, he cannot just walk free, because he's in violation of immigration law and has to receive a temporary visa and then gets deported) The prosecutor usually calls in the immigration officers when he feels he might lose the case. 10 minutes later, we unfortunately saw our excitement over.
 
However, the presiding appelate judge did show leniency when calculating the credit for time served off the initial sentence. In total the judge deducted 814 days from the 6 year sentence, even though these days were spent al Hatorah ve'al havodah at the detention centre, and not in forced labour.
 
The prosecution initially demanded a 13 year sentence. You may remember that an extraordinary sentence of 6 years was handed down in the district court, in addition to a monetary fine of ¥4 million Yen this equating $50,000.
 
The verdict of 6 years was based on the fact that the judges found reason to accuse that Yakov Yosef should have suspected something was amiss, and although he had no clear knowledge of any contraband, there was negligence on his part for not being more cautious.
 
The judge claimed that the polygraph examination, whilst out ruling clear knowledge, does not prove lack of suspicion.
 
The defence attorneys were dismayed at the callous nature of the judge's dismissal of the defence arguments. In addition, until today the prosecutor has not even given a single explanation to his rejection of the appeal, which is a major failure on the prosecutor, and dismays even more.
 
Mr Takano, Tokyo's top (Americanised) criminal lawyer who ran the appeal case and has had over 30 years of experience in both, lower and high court proceedings, said "I've never seen such a garbage explanation for today's decision". That how frustrated he was! There was still no clear explanation for giving 6 years for negligence, whilst even in a tough Japanese justice system, there is no punishment for negligence, but the judge takes this as severe negligence that could have endangered 1000's of lives with the 90,000 pills that were hidden in the false bottoms of the boys suitcases.
 
Mr. Masaki, one of the lawyers, commented that the judge failed to glance even once at the lawyers during the verdict due to his lack of confidence with his verdict, and knowing that his verdict contains many illogical assumptions. The judge seemed to want to get it over and done already and wanted to disappear from the audience.
 
For a number of reasons an appeal was filed, among them:
 
1) Yakov Yosef was saved having to go to a forced labour prison camp during the appeal phase. The forced labour sentence allows virtually no free time for davening or learning. Yakov Yosef spent this time in the detention centre learning with great hasmodah. If he would have accepted hi sentence last year, he would have been transferred to a labour prison and would probably still be there. At the time, we negotiated and the MOJ clearly advised that a transfer for Yakov Yosef would take between one and two years, being that he's over 20. Yossi was a minor at the time of sentencing and his transfer took almost 11 months. Now, after the appeal stage and after he has served for over 3 years, this will dramatically help for a speedy transfer.
 
2) The District Court failed to examine many of the strong evidence material, including the polygraph results. It was hoped that at the appeal trial these elements would overturn the verdict, and the judge chose to only revisit the polygraph issue leaving everything else aside, despite the defence teams request to revisit other matters.
 
3) Yakov Yosef's not accepting his verdict directly assisted Yoel Zev's trial which is taking longer than expected due to court technicalities and changes of judges. In Japan, not accepting the verdict is a powerful indication of the defendants and co-defendants claim to innocence. Furthermore, the appeal process brought to light substantial evidence for the defence of Yoel Zev who is scheduled to receive his verdict on 29th August.
 
Current Status:
 
Efforts are being made to retain Yakov Yosef's status at the Chiba detention centre where there are facilities in place, until his transfer to Israel, and at all costs would try avoid being transferred to a prison altogether, where he would be faced with forced labour.
 
According to Israeli protocol, one third of the full sentence can be deducted, which means that the sentence is deemed as a 4 year sentence. Now that he already served for 3 years, as soon as he arrives in Israel, he can immediately make a request for the remaining time to be commuted which under Israeli law, like in the UK can be achieved as per their discretion. The fact that Yakov Yosef has suffered in Japan for 3 years, is enough for his sentence to be commuted once he arrives in Israel.
 
According to this, Yakov Yosef could be out of prison quite fast depending how soon the Japanese will transfer him.
 
According to the prisoner transfer agreement Japan have with many countries including Israel, a foreign prisoner has the right to request to serve the entire sentence in his or her home country, and does not have to serve for even one day, but due to the old system, even though it was abolished in 2009, they still maintain the principle correction system in their minds which make them drag prisoner transfers (The old system required a prisoner to serve at least a third of the sentence before being transferred) in addition to the 100 year plus bureaucratic system, that is condemned by all rights groups and by many countries.
 
Askonim are working towards this goal.
 
I visited Yakov Yosef together with Meilech Bindinger immediately after the verdict, together with defence attorney Mr. Ozawa.
 
Yakov Yosef was amazingly upbeat.
 
I quote some of his comments: He first announced with a great smile "Gam zu letova". "I took upon myself kabolos toivois, however I do not regret them for a second." "I also do not regret filing for my appeal. During this time I concluded hilchos boser becholov, hilchos taaruvos, and learnt over 100 daf gemorroh; I would never have managed this elsewhere."
 
Mr. Ozawa sadly said to Yakov Yosef that he feels very sorry for him, and conveyed the feeling of the defense team, that Yakov Yosef's attitude in court and when accepting his sentence was respectful and dignified.
 
At the court room today were present the parents of Yakov Yosef, Reb Meilech Bindinger, Rabbi Binyomin Edery and Rabbi Mendy Sudakevitch of Tokyo, myself and other concerned yidden from USA, UK, Israel.
 
May we merit to hear good tidings.
 
Please continue to daven for Yaakov Yosef ben Reisle and Yoel Zev ben Miral Risa Chave. Without klal yisroels tefilos, who knows how much worse this could have been! So please don't give up. We need every single tefila.
 
Firsthand report from R' Aron Nezri
 

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The appellate court upheld the verdict of the lower court, and the appeal was overturned.

Unfortunately to our great distress, the judge in Yaakov Yosef ben Reizel’s appeal case, upheld the verdict of the lower court, and insisted on keeping the previous verdict although convicted only for negligence!

Askonim are working feverishly for Yakov Yosef to be transfered to Eretz Yisroel where he will be with the help of Acheinu Beis Yisroel able to become a free man very soon the $50,000 fine that Yaakov Yosef has to pay has already been raised and was used solely for that purpose. Thank you to all who participated. But thank you just isn’t enough.

The extra legal costs for the process, and in trying to secure his fast transfer and to avoid him being temporarily transferred to a labor prison has been added onto the bills to come. PLEASE, RACHMONIM BNEI RACHMONIM, SEND WHATEVER YOU CAN. PLEASE ASSIST THE FUNDING OF THESE URGENT OPERATIONS BE HELD UP BY RED TAPE. THAT CANNOT Please continue to daven for Yaakov Yosef ben Reisel and for Yoel Zev ben Mirel Risa Chava, who's verdict has been set for August 29th.

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Two months have already passed since May 16th, the fateful day in which the Tokyo High Court denied the appeal of Yaakov Yosef ben Raizel and upheld the guilty verdict handed down by the Chiba District Court. Although the plight of the two boys imprisoned in Japan has largely been out of the public spotlight during these two months, efforts by the askonim on their behalf have been far from quiet.

As we reported at the time of the verdict, there is a prisoner transfer agreement in place between Japan and Israel, and thus, according to Japanese law, a prisoner legally need not be held even one day in Japan but can be transferred to his own country. The reality however, is far different. Transfers usually take a long time to actually take place, as was the case with Yossi, the youngest of the three boys who were arrested at Narita International Airport over three years ago.

With Yaakov Yosef, who is not a minor, time was of the essence as he was in the very real danger of being sent to a harsh prison labor camp where, aside from the great physical suffering he would have to endure, he would be unable to perform even basic mitzvos such as keeping Shabbos, wearing tefillin, etc. Askonim had no time to waste and immediately set to work setting the transfer process in motion, accomplishing in four weeks what usually takes several months’ time to put into place.

One of the askonim has returned from Japan two weeks ago where certain matters of bureaucracy and red tape were settled.

The initial step was for Yaakov Yosef to sign a waiver to any further appeal. Since Yaakov Yosef knew that once he signed this document he would officially be considered a prisoner of the State and would no longer be allowed visitors on a daily basis as he had been previously receiving, he waited until his father left a week after the trial to sign the document so that he would be able to see him as often as possible until his departure.

Complications also arose due to the fact that the appeal had taken place in the Tokyo district but the detainee was being held in the Chiba district. Thus, important documents needed to close the case were sent back and forth between the Tokyo High court, the Tokyo High Prosecutors Office, the Chiba District Prosecutor’s Office, and the detention centre. The lawyers and askonim were kept very busy applying pressure to any and all parties involved, and succeeded greatly in accelerating the process at a speed as yet unprecedented in any such cases. The argument was that due to the detainee being held in the Chiba Prefecture, it falls under the Chiba’s Prosecution Office’s jurisdiction. The Chiba Prosecutors Office claimed that the case was dealt with by the Tokyo High Court and was taken over by the Tokyo Prosecutors Office, and therefore they are responsible for the case. This case was very unusual, as all detainees attending trial in Tokyo are transferred to the Tokyo detention centre, but in this particular case, as mentioned in the past, a special request was made to keep Yakov Yosef at the detention centre in Chiba due to the special care that he gets there that he would not receive on Tokyo, and the high court judge gave a surprising ruling in Yakov Yosefs favor.

Another issue that arose was with the document that Yaakov Yosef needed to sign where he requests from the Japanese Ministry Of Justice his wish to be transferred to Israel. Yaakov Yosef’s biweekly medical checkup was scheduled to take place on Wednesday, the first day of Shavuos. During their medical examinations, the boys are allowed to make requests to the prison authorities in writing. As Yaakov Yosef knew he would be unable to write on Yom Tov, he requested that the examination be postponed. The authorities did not agree to this, and they presented to him the transfer request for signature on Yom Tov. An argument then ensued as to whether they would need to wait for the next medical exam two weeks later to have him sign the document, or whether they could come at any time to have him sign. Thankfully, he did not need to wait the two weeks and was able to sign immediately after Yom Tov. There was also disagreement as to where the bill for the fine levied on Yaakov Yosef was to be presented for payment, again having the Tokyo and Chiba Prosecution Offices throwing it at each other. At the end, it was determined that the Tokyo Prosecutors office will issue the bill and the lawyer would be allowed to pay on Yaakov Yosef’s behalf, which he did straight away.

At this time, documentary procedures both on the Japanese side and the Israeli side have been completed, and the review process is underway. Both sides need to review the documentation of the other country; i.e. the Japanese will want to know where in Israel the prisoner will be taken, at what point will he be allowed to request being released,etc. Then a contract will need to be drawn up between the two countries, and certain conditions may be included. Correspondence between Japan and Israel does take some time, although askonim have been assured that the process will be handled as expeditiously as possible. We can only pray and wait.

Perhaps most significant was the achievement of having Yaakov Yosef remain in the Chiba Detention Center as opposed to being transferred to a prison camp. The askonim explored every avenue possible to accomplish this. Firstly, they used the fact that Yaakov Yosef had been allowed to remain in Chiba during the appeal at the Tokyo High Court despite the fact that protocol dictated that he be transferred to the detention centre in Tokyo as a precedent. They argued that if the court agreed that conditions in the Tokyo detention centre would be too difficult for the defendant whilst awaiting trial, how much more so must they agree that he would not be able to tolerate conditions in a prison labor camp! Additionally, since Japanese law dictates that Yaakov Yosef need not be held in Japan at all but can be transferred to his own country to serve his sentence, why should he enter the six – month training program that all prisoners must undergo to prepare them for prison camp if he will not be remaining in Japan in the long run?

With much thanks to the Ribono Shel Olam, Yaakov Yosef was allowed to remain in the Chiba Detention Center, in the same room that he was in until now, where he has all his seforim and other items which are important to him. However, certain prison rules have been imposed upon him, making his stay much more difficult. Firstly, he is limited to only two visits per month, while previously he had been receiving visitors almost daily, whether family, askonim, individuals passing through the Far East on business, or Rabbi Edery, the Chabad shaliach to Tokyo who is certainly earning his Olam Haboh with his untiring dedication to the boys. These visits served to keep the boys in a positive state of mind and their spirits up so that they could endure. Askonim, were able to have Rabbi Edery listed as Yaakov Yosef’s religious chaplain so that he could visit him weekly in this capacity. This means that besides two visitors that he’s allowed every month, he can receive a weekly visit from Rabbi Edery as a Rabbi. Rabbi Edery can also visit in the capacity of a regular visitor, visiting twice every month, besides his weekly rights as a Rabbi.

Even worse is that Yaakov Yosef is no longer allowed to purchase or receive food such as bread, fresh fruit, and preserved fruits from the canteen. The prison rations are extremely meager as it is, and given Yaakov Yosef’s kashrus constraints he was not getting nearly enough food to survive. He became very weak and ill as a result, until lawyers, askonim and others were able to get through to the prison authorities the fact that while other prisoners might purchase luxury edibles such as chocolate, chips and biscuits in the canteen, Yaakov Yosef was using his canteen purchases as a means of survival. Although he did not receive permission to continue purchasing food, his rations were supplemented somewhat.

In a clear and unbelievable manifestation of Hashgocho Protis, the prison authorities did not force him to shave his facial hair as they do all prisoners; rather, they offered him the option of being shaved as they knew that his religion did not permit it. Regarding Yaakov Yosef’s tefillin – while until now he was able to use them as long as he desired, he is now given them for one hour a day. Although the authorities initially only wanted to allow one half hour per day, askonim were able to stretch it to a full hour and arranged that that hour be in the early morning so that he can daven Shacharis.

Although Yaakov Yosef was previously weak, his spirit is unbelievably strong. He has written several powerful letters that would put our own emunah and bitachon to shame.

As for Yoel (Zev) ben Mirel Risa Chava, he too is still sitting alone in his cell, awaiting his final verdict which is scheduled for August 29th. The weather in Japan is extremely hot and humid, much worse than what we are used to.

Rabbi Nezri, who was there just two weeks ago, said that it is simply difficult to breathe due to the tremendous heat and humidity. Neither Yaakov Yosef or Yoel Zev have any sort of air conditioning, or even a fan, but in the meeting room where they meet with visitors there is air conditioning, and therefore everything is done to get them to the meeting rooms with visitors or lawyers as frequent as possible to give them relief and some enjoyment of relaxation. The short time spent in a small enclosed area outdoors that they allowed twice a week provide little or no relief.

What more must we say? Yaakov Yosef and Yoel Zev are still suffering and are by no way in vacation spirits yet! Please remember, that whilst you are planning your summer vacation, the bochurim jailed in Japan are still languishing in detention! Please don't go on vacation without taking their plight with you in your heart.

We must pour out our hearts in tefillah to Hakodosh Boruch Hu that Yaakov Yosef be transferred very quickly and that we should merit a positive verdict for Yoel Zev, thus sparing him from further suffering. Please continue to be mispallel for Yaakov Yosef ben Raizel and Yoel (Zev) ben Mirel Risa Chava, so that we may hear good news soon.

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The final verdict for Yoel Zev Ben Mirel Risa Chava is scheduled to be announced Monday, August 29th, 1:30 PM Tokyo time (Sunday night 12:30AM EST). All are urged to daven and donate as a z'chus for the boys.

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We must continue to daven that everything goes smoothly. Please continue to daven for Yaakov Yosef ben Raizel as he awaits a transfer to Eretz Yisroel.

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Dear Yidden around the world;

Bechasdei Shomayim, we and the defence attorneys are glad to report that the Chiba District Court ruled in favour of the defense, and handed down a full acquittal B"H for Yoel Zev.

Immediately upon hearing this good news, we exited the court room for a few moments, to convey the besuro tovah to the multitudes of Acheinu Bnei Yisroel who were waiting in suspense for the outcome.

Upon hearing the judges verdict we were choked with emotion and couldn't elaborate. We can now, after closing of the court session, provide more details of what transpired today, try and reflect on the chasodim geluim, and pray for further siyatta dishmaye.

Justice Prevails:

We congratulate the Japanese Judiciary for diligently seeking the truth, and carefully analysing the many diverse element of defense, - many of which are new concepts to the Japanese - and thereby succeeded in delivering the long awaited innocent verdict.

Prior to Court Session:

Ten minutes before the court session commenced, the leading defence attorney accompanied us to visit Yoel Zev at a meeting room under the court house. Through a glass pane we could communicate with Yoel Zev. It was difficult moments. We didn’t know what words can be said. Looming ahead was G-d forbid a possible guilty verdict of a 15 years prison sentence in addition to a penalty of ¥5,000,000.00 (equating to $65,000.00).

After having experienced the disappointment of the verdicts handed to the two other bochurim, Yossy and Yakov Yosef, it was challenging to find the right words of encouragement.

(Yossy, the only juvenile of the three, received a sentence of 5 years, which was what the prosecution had requested from the Judges. Yossy has since been transferred to Israel, where his sentence was commuted under conditions and supervision of the Israeli prison authority.

Yakov Yosef, the younger of the two adult bochurim, received a 6 year prison sentence from the 13 years demanded by the prosecution. He is pending transfer to Israel. The transfer procedure is well underway.)

What can one say to Yoel Zev moments before his verdict, after having faced the fact that his two friends were handed a guilty verdict?

We tried our best to prepare him for every eventuality, carefully using only positive quotes of Emunah and Bitachon, and hoping and praying for the best.

We were most relieved by Yoel Zevs attitude. Yoel Zev said in his innocent manner: “I don’t know what the material judge will tell us today, but the celestial Judge, shofet kol ho’oretz, will certainly rule innocent”.

Court Session:

Upon the judges’ entry to the court room, and the customary Japanese bows, the Judge summoned Yoel Zev, using his first name 'Yoel' - uncommon in Japanese courts formalities - and asked him to stand at the pulpit directly in front of the judges.

The judge immediately announced – in Japanese - the verdict: “You are innocent”. Our personal translator, sitting alongside us, quickly told us in jubilation the courts verdict. The court appointed translator then translated to Yoel Zev “Atah Zakai”. Upon hearing these words, Yoel Zev’s father, ourselves, and other yidden with us, shed tears of jubilation. The relief is indescribable.

Basis of Verdict The judge than went on to expound his verdict in detail, on the basis of the defense material, explaining how he concluded his judgement, finding Yoel Zev to be ‘not guilty’.

Some of the pertinent points mentioned by the presiding judge:

Taking into account Yoel Zev’s background, education, the place where he lives, etc. Residing in the town of Bnei Brak, with mostly ultra-orthodox Jews, no cinema or similar recreational venues, very low crime rate. Bnei Brak boasts no manned police post and virtually no televisions. The town of Bnei Brak have created a sheltered society with the objective that the youth have limited contact with secular people. Yoel Zev studied in the Satmar Yeshiva, belonging to the Satmar community, who are in ways more insular and secluded than mainstream ultra-orthodox Jews.

The Satmar philosophy prohibits the use of Modern Hebrew. Limited command of the Moder-Hebrew language leads to no understanding of the contemporary use of the word Samim. The ultra-orthodox Jewish press avoid any mention of drug related crime. The youth in the orthodox Jewish community have not seen narcotics, and have no grasp of the street value of narcotics.

The orthodox Jewish community is close knit and boasts a high level of social trust. In light of that, no suspicion was raised when this assignment was proposed to the boys. The monetary reward offered to the boys was not reflective of remuneration of a witting mule. Recognition and knowledge of the luggage containing a false bottom does not prove knowledge of the contents of the false bottom.

Countering the prosecutors argument that - would the boys have truly believed that the contents were antiques, they ought to have questioned why the goods were not being shipped by means of a courier; - the judge explained that in the close knit Jewish community it is common practice for such errands to be requested and graciously accepted.

The results of polygraph examinations proved lack of knowledge.

The court recognised that along the entire trip, including the duration of his apprehension in Narita Airport, never did Yoel Zev exhibit signs of anxiety or nervousness.

Tens of other explanations were presented elaborately by the presiding judge, quoting extensively from the many live witnesses and sworn affidavits presented by the defense team. These explanations took the better part of two hours.

Closing of Session:

The presiding Judge then apologised – in the name of the Ministry of Justice – for the protracted trial procedure, mentioning that he was sorry that it had taken from April 2008 until August 2011 to deliver the innocent verdict.

At the court room today was present the father of Yoel Zev, whom after the judges left the court room, in an emotionally charged atmosphere, immediately recited the brocho one hears upon learning of good tidings, “Hatoiv vehametiv”.

This was followed by a quick succession of handshakes and congratulations between Yoel Zev, the defence attorneys, the askonim, and on looking well wishers.

Yoel Zev was then escorted from the court room flanked by two officials from the Tokyo Immigration Office.

Post Trial Procedures

We accompanied the leading defense attorney to the Chiba Detention Center to try to meet with Yoel Zev and to guide him on the procedures to follow, however we were pleasantly surprised to learn that we could no longer obtain an audience with him at Chiba since he is immediately being transferred, with all his belongings (clothing and seforim) to the Tokyo Immigration detention centre.

In line with standing practice, immigration officials have taken Yoel Zev into their custody on account of overstaying his 90-day visa in 2008. An explanation to the immigration office stating the cause of Yoel Zev’s delayed exit from Japan was prepared by the legal team, and handed to Yoel Zev this morning (before the verdict), in hope of this eventuality. Attorneys are hopeful this matter will be rectified in an expeditious fashion and that he will be able to leave the country without further delay.

At 8 am local time tomorrow morning, we will all being well be meeting with Yoel Zev at the Immigration Centre. This will be the first audience in three and a half years to take place without a glass barrier between us. We hope the immigration clearance will be swift.

The prosecution office have 14 days in which they could to appeal at the Tokyo High Court the district court’s decision to release Yoel Zev. The choshuve tzibur are asked to continue to be mispallel for Yoel Zev ben Mirel Risa Chava, for his safe return home.

The efforts to achieve today’s verdict were a culmination of so many kind hearted Yidden, across a broad spectrum, at the helm, Dayan Chid”o Weis of Antwerp, Hagras”h Wosner Shlite, Munkatcher Rebbe Shlite, HaRav Grossman of Midal Emek, Rabbi Y D Bleich of Kiev, Rabbi B Edery of Tokyo, and lhvbchlc”h Rabbi Aba Dunner z”l, among many other Rabonim, dignitaries, professors, lawyers, and activists from within the Jewish community. An exhaustive list would be appropriate but quite impossible. We are indebted to them all.

Current Status of Yakov Yosef ben Reizel:

Efforts to retain Yakov Yosef's status at the Chiba detention centre until his transfer to Israel were b”h productive. According to Israeli protocol, one third of the full sentence can be deducted, and the remaining time can also be commuted as per their discretion. According to this, Yakov Yosef could be out of prison within a few months from now. Efforts are well underway towards expediting his return home to Eretz Yisrael. Please continue to be mispallel for Yaakov Yosef ben Reizel.

May we hear only besuros toivois,

Aron Nezri,
London Meilech Bindinger,
Antwerpen Currently in Tokyo, Japan

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Dear All,

I can now confirm that Yoel Zev is b"h airborne.

We were nervous in the half hour prior to flight departure. Yoel Zev had not arrived yet at the boarding gate. After some frantic high-level phone calls it was confirmed to us that he is checked-in, albeit not yet to be seen.

Approximately 5 minutes before scheduled departure time, Yoel Zev arrived at the aircraft and boarded alongside Aron Nezri who was agitatedly awaiting his arrival.

Aron passed his cell phone to Yoel Zev. We conversed for a few brief moments. I was so relieved that this moment had arrived and elated to hear Yoel Zev's voice.

Some quotes from our conversation (translated from Yiddish):

Me: Yoel Zev, you got us real nervous, coming so late..., where were you?

Yoel Zev: I arrived to the airport at 8am. I was held at the immigration detention cell where I davened Shachris, and I was only taken a few minutes ago to the flight, where I boarded together with Aron (Nezri).

Me: It's absolutely amazing to speak to you now, sitting on the airplane heading home. With a 99.8% conviction rate in Japan, your acquittal was against all odds. An absolute miracle. How do we thank enough?

Yoel Zev: (emotionally) Boruch Matir Asurim. In a time of yeshuas H-ashem, the gates of heaven are wide open, It is now an auspicious time to daven for my friend Yakov Yosef ben Reizel who remains in Japan and awaits salvation.

Yoel Zev: I'm now about to eat the first certified kosher food since I arrived in Japan three and a half years ago. Boruch Atah ... Shehakol Niheyeh Bodvoroi.

Background: Please turn off all mechanical devices ...

I can also confirm receiving a photograph of Yoel Zev, aboard the home bound flight, smiling contentedly, with a sefer on his armrest.

May we be zoche to always share besuros tovois.

Meilech Bindinger, Antwerp

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Dear Yidden around the world;
Chasdei Hashem Ki Lo Sumnu:
Monday 29th August:

After our report (29.08), that the Chiba District Court ruled in favour of the defense, and handed down a full acquittal B"H for Yoel Zev, we were still pensive and unsure whether the Prosecution Office would appeal the ‘non guilty’ verdict at the Tokyo High Court.

The prosecution office had 14 days in which they could do so.

The tzibur were asked to continue to be mispallel for Yoel Zev ben Mirel Risa Chava, for his safe return home.

As explained previously, immediately after the court session was adjourned, immigration officials took Yoel Zev into their custody on account of overstaying his 90-day visa in 2008.

With abated breath, delicate efforts began to determine the stance of the prosecution, and to convey a legal insistence to the Tokyo High Court to abstain from accepting any plea attempt.

Likewise, the defence attorneys prepared a petition against detention, to be immediately submitted to the High Court in the event that an appeal is filed.

Based on the magnitude of the case and the large amount of compelling evidence, we sincerely hope that the Prosecution Office will decide not to appeal. The Prosecution Office tend to shy away from appealing a verdict which they suspect would prove difficult to overturn. In Japan, losing an appeal is deemed an embarrassment. Additionally, Judge Hadoko who handed down the ‘non guilty’ verdict is one of Japans elite judges. This could mean that it is too big a challenge to try to overturn his verdict. The High prosecution office know him well, and would not try to slap him in the face when there's a chance of losing.

Feverish Preparations

Tuesday 30th August:

8 am: An explanation stating the cause of Yoel Zev’s delayed exit from Japan was prepared by the legal team, and presented to the Investigation Division at the Immigration Office.

10 am: At the Immigration Office, officers at the investigation division opened a file for the deportation of Yoel Zev and after a questioning session, asked Yoel Zev to sign some documents.

During his detention, Yoel Zev has amassed a library of seforim and clothing, sent to him by the askonim and his family. To avoid delays at the airport due to excessive baggage, we removed the bulk of Yoel Zev’s belongings from the immigration centre.

Yoel Zev has for the first time since 03 April 2008 held a telephone conversation. We acquired several telephone cards allowing Yoel Zev to speak freely to his family, rebbes, and friends.

Wednesday 31st August:

We understood from officers at the Immigration Office, that the investigation phase of Yoel Zev’s deportation process was completed, and at 2 pm the report was submitted to the Decision Department. Yoel Zev was not asked to sign any additional documents.

Thursday 1st September:

Defense attorneys contacted Decision Officers at the Immigration Centre to ask them to furnish us with the necessary exit permit without delay.

Yoel Zev’s spirits are high and hopeful b”h.

Much red-tape is involved in the allocation of tickets, airlines consent to carry a deportee, and appropriate travel route.

Our travel agency, based in USA, made provisional contingency plans, holding seats on several flights to various destinations, on each day since Yoel Zev’s acquittal, so that when the exit permit would be granted, the seats would be immediately available.

Friday, 2nd September:

Mr Ozawa, a defence attorney, called the Immigration Office at 10am. The decision officer told him that the decision is underway. Upon pressing for swifter action, he was told “if you call in the afternoon my answer will be the same!” Mr. Ozawa says this means they will not be rendering a decision today, and they will probably give it on Monday coming.

Mr. Nakayama, a Japanese member of parliament who has befriended the askonim, explained that since a new government is being established today, many officials are absent due to the commotion, which in turn could be the reason for the delay in receiving the exit permit.

Mr. Kuroda, a friend we have who is well acquainted with officials at the Japanese Ministry of Justice, cautioned that the delay is perhaps due to the Immigration Office having contacted the Prosecution Office to ask whether they should release Yoel Zev.

Officers at the Immigration Office claim that there is nothing holding up issuing the Exit Permit. They presented a chart of the procedure and showed where they are up to now. They added that there would be no chance of getting a decision today. Shabbos and Sunday the Immigration Office is closed. It is hoped that on Monday they will have their decision, and send it to the Deportation Department.

Upon the requests of MK Eli Yishai, representatives of the Israeli Embassy held a meeting with Aron Nezri to discuss strategy, prior to their meeting with investigation and decision officers at the Immigration Centre, and tried to press for a Deportation Order to be issued today, Friday. However, they explained to us that this would not be possible until Monday.

Meanwhile we have arranged backup seating available on outgoing flights on Monday night and on Tuesday morning.

In Eretz Yisroel, the Beis Din of the Edoh Hachareidis issued a new proclamation requesting klal yisroel to daven for the quick release of Yoel Zev and quick transfer of Yakov Yosef.

In Japan there were B"H some positive indications. Yoel Zev’s passport and some other personal belongings that were confiscated by the Prosecution Office at the time of arrest were returned to him.

This is a good sign, but not necessarily an indication that the prosecutor will not appeal. The defense attorneys advised that although the prosecutor cannot hold on to an acquitted subjects personal belongings; nevertheless it is still a positive sign. We remain cautious.

On another note, Japan appointed a new Justice Minister on Friday. He announced that he would not sign any death penalties.

After consulting with leading poskim, Yoel Zev was instructed to sign any release papers presented to him on Shabbos. Similarly, Yoel Zev was allowed to travel on Shabbos if the need would arise.

Shabbos - Sunday, 3rd - 4th September:

A sholom zochor was held on Shabbos at the home of Chabad Shliach Rabbi Binyomin Edery for the birth of his newborn son. The Bris Milah took place on Sunday. The baby was named “Nissim Ariel”; Nissim in commemoration of Yoel Zev’s sudden - and to many also unexpected - acquittal. A few guests from Los Angeles had come for shabbos to take part in the bris.

On Sunday, Typhoon Talas swept through west Japan, this affecting many inbound and outgoing flights.

Monday 5th September:

As on every day, Aron Nezri visited Yoel Zev at 9 am together with a defence attorney, to clarify the status of the procedure and guide Yoel Zev further.

Relief!

At 10 am the deportation order was finally issued and presented to the deportation department for execution.

New air tickets were purchased. Scheduling of deportation escorts were put in place.

Tickets for accompanying father and askonim were now secured.

A frenzied but fulfilling day.

Tuesday 6th September:

Flight to Freedom IY"H:

The long awaited day has finally arrived, 6th September 2011, Tuesday morning in Japan, Yoel Zev will all being well be allowed to travel home.

Security personnel from the deportation division of the Immigration Centre will escort Yoel Zev from the Tokyo Immigration Centre to the Narita International Airport. At the airport, he will be detained in an immigration cell until the boarding time of his flight out of Japan.

After all passengers have already boarded, Yoel Zev will be brought to the door of the aircraft flanked by two officials from the Tokyo Immigration Office.

Once Yoel Zev boards the aircraft he is a free man, and once airborne we’re sure he will taste the freedom that we have all longed for.

May we all be zoche to Charus Olam with the coming of Moshiach BB"A.

Contrary to some rumours, no country seeks extradition of Yoel Zev.

Together with Yoel Zev on the flight will be, his father, Aron Nezri who has carefully coordinated the immigration procedures, and a friend of the family who has spent many months visiting the bochurim during the last three years.

Yoel Zev will be departing from Japan during the course of the morning and is scheduled to arrive in Eretz Yisroel on Tuesday night.

We have exercised caution when selecting what kosher food Yoel Zev will eat during his flight to freedom, after not having consumed a morsel of poultry and meat for almost three and a half years.

Current Status of Yakov Yosef ben Reizel:

The dramatic close to this chapter doesn’t bring an end to the Japan saga. Yakov Yosef remains imprisoned Al Admas Nachar.

We have therefore planned no public celebration, eventhough the simcho and Kiddush H-ashem would call for one, since Yakov Yosef is not yet home …

Efforts to retain Yakov Yosef's status at the Chiba detention centre until his transfer to Israel were B"H productive.

According to Israeli protocol, one third of the full sentence can be deducted, and the remaining time can also be commuted as per their discretion.

According to this, Yakov Yosef could IY"H be out of prison within a few months from now.

Efforts are well underway towards expediting his return home to Eretz Yisrael. Please continue to be mispallel for Yaakov Yosef ben Reizel.

In Conclusion:

On behalf of Dayan Chaim Yosef Dovid Weis of Antwerp, we have so far dedicated three and half years to the defence efforts of the unfortunate bochurim. We hope to soon pick up our lives from where we left off.

We are deeply grateful for the support and cooperation of:

* Attorney, Mr. Rex Beaber (Los Angeles),
* Dr. Yamamura (Osaka, Japan)
* Ex D.E.A. agent, Mr. Mike Levine (NJ, USA),
* Prof. Daniel Aldrich (West Lafayette, Indiana),
* Prof. G. Ben-Schachar (Jeruslaem),
* Prof. Sacha Stern (London),
* Rabbi M.D. Niederman (Williamsburg),
whom, amongst many others, provided expert live testimony and dissertations to the court in defence of the bochurim, and played a major role in securing Yoel Zev’s acquittal. An exhaustive list would be quite impossible. We are indebted to so many.

We won’t easily forget the electrifying moment when the judges proclaimed in Japanese “You are innocent” and the court appointed translator repeating to Yoel Zev “Ata Zacai”.

May we all be Zoche B'din in the upcoming Yimei Hadin, and may we hear only besuros toivois and simchos in our midst.

Aron Nezri, London - Currently in Tokyo, Japan

Meilech Bindinger, Antwerp

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