Tomizawa has Alzheimer’s, a progressive and irreversible neurological disorder that destroys neurons and shrinks areas of the brain. In court, his lawyers argued that he should not be held criminally responsible because his illness causes dementia, a condition characterized by multiple cognitive deficits such as memory loss.
“He was insane at the time because of dementia and alcohol consumption … and therefore he pleaded not guilty,” they said.
But the court in Fukui disagreed.
On May 31, Tomizawa was sentenced to four and a half years in prison for murder.
The case has shocked many in Japan – an aging country where the number of elderly dementia patients is rising.
The trial, which was broadcast live by the court, was closely watched and aroused the sympathy of many who mourned Tomizawa and Tomomi’s loss from the family.
He stabbed to death
Tomizawa and Tomomi lived at his home in Fukui, according to the court. On the night of September 9, 2020, they broke out in a quarrel that resulted in the death of the teenager. Tomizawa remembered that he had drunk a lot that night. Upset and drunk, he took a 17-centimeter-long (almost 7-inch) kitchen knife and entered Tomomi’s bedroom, where he repeatedly stabbed her in the neck, according to the court last month. The alarm went off when Tomizawa called his eldest son, saying he had found Tomomi’s bloodied body, according to the court. The police immediately arrived at the scene and arrested the elderly man. Tomizawa’s mental state was a major focus of his trial, as doctors, lawyers and judges debated whether or not he had knowingly killed his granddaughter. Doctors who assessed his condition insisted he was motivated to commit the murder. “His actions were deliberate and consistent with his intention to kill,” forensic psychiatrist Hiroki Nakagawa told the court. Prosecutors said the elderly man was able to control his actions and “had the ability to judge right and wrong”, despite his illness. In its ruling, the court acknowledged Alzheimer’s Tomizawa, but said it had understood the weight of his actions. “After careful examination and consultation with the accused, we [made] a careful judgment, “said Judge Yoshinobu Kawamura. “The accused was in a state of mental exhaustion at the time of the crime and had great difficulty judging right or wrong or preventing himself from committing the crime – but he was not in a position to do so.”
Disease of the mind
Alzheimer’s is the most common form of dementia that affects the elderly, according to experts. “It’s a degenerative brain disease,” said Jason Frizel, a criminal psychologist. “In almost all cases, there is a gradual decline in a person’s abilities over time.” The disease affects the brain and memory loss worsens as it progresses. Symptoms such as paranoia, agitation, confusion, and even violent outbursts are likely to occur, said Frizzell, who is also a professor at Arizona State University. “Of course not every patient will [display] the same set of symptoms. “Occasional contexts can also play a role in aggression – whether the patient is afraid of places or people he does not recognize,” he said. Jacob Rajesh, senior forensic psychiatrist at Promises Healthcare in Singapore, said that in the event of a rapid progression of Alzheimer’s disease, “it will be difficult to provide an accurate description of what really happened.” “There is also the issue of suitability for trial – is a person capable enough to testify on the podium and plead guilty or not guilty?” he said. Crimes involving patients with dementia are also extremely complex, experts said. “How much of their behavior can be reasonably explained by the illness itself as opposed to other motives such as anger or retaliation,” Frizzell said. He also stressed the moral and ethical value judgments. “How do we effectively or reasonably prosecute someone who may be completely crippled by their illness in a few more years? Is compassion for a convicted person with dementia contrary to the community’s perception of justice?”
“Prisons full of elderly prisoners”
Japan has one of the largest elderly populations in the world. More than 20% of its population is over 65, according to government records, and the number of age-old Japanese is growing. Dementia mainly affects the elderly and it is estimated that there are more than 4.6 million people in Japan living with the disease. Experts say the number will increase significantly as the country continues to age rapidly. Violent crimes committed by Japanese dementia patients are rare, but a case similar to that of Tomizawa in 2014 saw a 72-year-old man with dementia strangling an 82-year-old woman in a hostel. He received a reduced sentence of three years in prison due to his condition. “Prisons in Japan are full of elderly inmates suffering from dementia,” said Koichi Hamai, a criminal justice specialist and law professor at Ryukoku University in Kyoto. “The number of elderly detainees is increasing and we have to take various measures [address it]. ” Tomomi had lived with her grandfather in Fukui, one of Japan’s least populated prefectures, where about one in three residents is over the age of 65, according to government figures. Details of their lives were rare, but observers highlighted issues such as the aggression and domestic violence that Alzheimer’s patients and their frustrated caregivers often faced. “Patients with dementia are known to act against the people who care for them, those closest to them,” said Rajesh, a forensic psychiatrist. “Patients [like Tomizawa] he needed a lot of monitoring and management to be at home and it was not immediately apparent that he had. ” CNN’s Emiko Jozuka and Kathleen Benoza contributed to the report.
