1 00:00:01,040 --> 00:00:06,160 Speaker 1: You're listening to History on Trial, a production of iHeart Podcasts. 2 00:00:06,720 --> 00:00:11,640 Speaker 1: Listener Discretion Advised, Hello, History on Trial listeners. This is 3 00:00:11,680 --> 00:00:14,400 Speaker 1: the second part of a two episode series on the 4 00:00:14,440 --> 00:00:19,280 Speaker 1: case of Iva Toguri da Kino. In today's episode will 5 00:00:19,360 --> 00:00:22,800 Speaker 1: cover the trial and its aftermath. If you haven't listened 6 00:00:22,840 --> 00:00:26,760 Speaker 1: to part one yet, I strongly recommend starting there to 7 00:00:26,800 --> 00:00:31,240 Speaker 1: hear the full story. A brief reminder of what we 8 00:00:31,320 --> 00:00:35,560 Speaker 1: covered in the last episode. Iva Taguri was the American 9 00:00:35,640 --> 00:00:39,720 Speaker 1: born and raised daughter of two Japanese immigrants. In the 10 00:00:39,720 --> 00:00:43,120 Speaker 1: summer of nineteen forty one, the then twenty five year 11 00:00:43,120 --> 00:00:46,040 Speaker 1: old Iva traveled to Japan to visit her sick aunt. 12 00:00:47,200 --> 00:00:50,920 Speaker 1: Five months later, the Japanese attacked Pearl Harbor and the 13 00:00:51,040 --> 00:00:55,960 Speaker 1: United States declared war on Japan. Iva tried desperately to 14 00:00:56,000 --> 00:01:00,400 Speaker 1: get home, but was stymied by multiple obstacles, including a 15 00:01:00,440 --> 00:01:04,240 Speaker 1: lack of money and obstruction by the State Department, who 16 00:01:04,360 --> 00:01:09,200 Speaker 1: questioned her citizenship status. Despite Iva having lived her whole 17 00:01:09,200 --> 00:01:14,360 Speaker 1: life in southern California. Stuck abroad, Iva took on part 18 00:01:14,400 --> 00:01:17,760 Speaker 1: time work, including a job as a typist at the 19 00:01:17,880 --> 00:01:24,600 Speaker 1: Japanese Broadcasting Corporation or NHK. At NHK, she met several 20 00:01:24,640 --> 00:01:27,679 Speaker 1: Allied prisoners of war who had been forced to work 21 00:01:27,680 --> 00:01:32,560 Speaker 1: on a Japanese propaganda radio program called Zero Hour. The 22 00:01:32,640 --> 00:01:36,559 Speaker 1: men were trying to secretly sabotage Zero Hour by filling 23 00:01:36,560 --> 00:01:41,559 Speaker 1: it with music and fun banter. Eventually, the POWs asked 24 00:01:41,600 --> 00:01:45,280 Speaker 1: Iva to join the program as an announcer, both because 25 00:01:45,319 --> 00:01:48,840 Speaker 1: they knew she would support their sabotage agenda and also 26 00:01:48,960 --> 00:01:52,280 Speaker 1: because she had an unappealing voice which would make for 27 00:01:52,440 --> 00:01:57,280 Speaker 1: entertaining broadcasts. Iva agreed and began working on the program 28 00:01:57,280 --> 00:02:01,440 Speaker 1: in late nineteen forty three. When her Japanese military bosses 29 00:02:01,480 --> 00:02:05,000 Speaker 1: assumed more control of the program and changed its tone, 30 00:02:05,160 --> 00:02:08,080 Speaker 1: Iva tried to quit, but was told she could not. 31 00:02:09,400 --> 00:02:13,880 Speaker 1: Conditions in wartime Japan were extremely difficult, and Iva lived 32 00:02:13,880 --> 00:02:18,040 Speaker 1: in near starvation. One bright spot of this dark period 33 00:02:18,320 --> 00:02:21,560 Speaker 1: was her marriage to Felipe Daquino, a man who she 34 00:02:21,600 --> 00:02:24,160 Speaker 1: had met at one of her jobs and who shared 35 00:02:24,160 --> 00:02:29,120 Speaker 1: her pro American stance. In the meantime, Iva's family in 36 00:02:29,160 --> 00:02:33,880 Speaker 1: America was incarcerated, along with approximately one hundred thousand other 37 00:02:33,960 --> 00:02:39,040 Speaker 1: Japanese Americans in camps established by the federal government. The 38 00:02:39,120 --> 00:02:44,120 Speaker 1: terrible conditions at the Camps killed her mother Fumi. After 39 00:02:44,160 --> 00:02:47,640 Speaker 1: the war's end, reporters identified Iva as one of the 40 00:02:47,720 --> 00:02:52,320 Speaker 1: English speaking female broadcasters who had become legendary to American 41 00:02:52,400 --> 00:02:56,799 Speaker 1: gis in the Pacific under the collective nickname Tokyo Rose. 42 00:02:57,840 --> 00:03:01,920 Speaker 1: Iva's role as a Tokyo Rose sparked an investigation by 43 00:03:01,960 --> 00:03:05,040 Speaker 1: the U. S Military and the Department of Justice into 44 00:03:05,080 --> 00:03:09,560 Speaker 1: whether she had committed treason. Iva was arrested and held 45 00:03:09,600 --> 00:03:14,400 Speaker 1: in prison for a year without access to a lawyer. Ultimately, 46 00:03:14,720 --> 00:03:17,800 Speaker 1: both the military and the DOJ concluded that there was 47 00:03:17,840 --> 00:03:22,440 Speaker 1: no evidence of treason and released her. However, when Iva 48 00:03:22,440 --> 00:03:25,800 Speaker 1: and Felipe tried to return to America in nineteen forty seven, 49 00:03:26,560 --> 00:03:29,720 Speaker 1: the press started a crusade against her and called for 50 00:03:29,800 --> 00:03:33,920 Speaker 1: her to be prosecuted. Succumbing to public and political pressure, 51 00:03:34,400 --> 00:03:38,000 Speaker 1: the Department of Justice reopened the case against Iva and 52 00:03:38,160 --> 00:03:42,040 Speaker 1: arrested her in September nineteen forty eight. Iva was brought 53 00:03:42,080 --> 00:03:45,960 Speaker 1: to San Francisco and charged with eight overt acts of treason. 54 00:03:46,880 --> 00:03:52,920 Speaker 1: Despite these extremely difficult circumstances, Iva was optimistic. A prominent 55 00:03:53,000 --> 00:03:56,680 Speaker 1: civil rights attorney, Wayne Collins, agreed to take her case 56 00:03:56,720 --> 00:03:59,600 Speaker 1: for free, and she was able to reunite with her 57 00:03:59,640 --> 00:04:04,360 Speaker 1: family in America. Iva believed that the trial would establish 58 00:04:04,360 --> 00:04:09,280 Speaker 1: her innocence. She believed that the justice system would operate fairly, 59 00:04:10,200 --> 00:04:14,279 Speaker 1: but as she would soon learn, the prosecution wasn't interested 60 00:04:14,360 --> 00:04:21,080 Speaker 1: in fairness or even in following the rules. Welcome to 61 00:04:21,200 --> 00:04:26,119 Speaker 1: History on Trial. I'm your host, Mira Hayward this week 62 00:04:26,480 --> 00:04:34,040 Speaker 1: the United States vi Iva Toguri Taquino. Treason is the 63 00:04:34,080 --> 00:04:39,880 Speaker 1: only crime explicitly defined in the Constitution. When defining the crime, 64 00:04:40,240 --> 00:04:44,799 Speaker 1: the Constitution's framers were very careful with their words. In England, 65 00:04:45,040 --> 00:04:48,000 Speaker 1: treason law had frequently been abused by the government to 66 00:04:48,080 --> 00:04:52,320 Speaker 1: persecute political enemies, and the new American government wanted to 67 00:04:52,360 --> 00:04:56,600 Speaker 1: prevent the same abuses from occurring in the United States. However, 68 00:04:56,920 --> 00:04:59,160 Speaker 1: they also wanted to make it clear that betraying the 69 00:04:59,200 --> 00:05:03,159 Speaker 1: government was a crime. The phrasing they settled on, as 70 00:05:03,200 --> 00:05:08,640 Speaker 1: recorded an Article three, Section three, Clause one is quote. 71 00:05:09,200 --> 00:05:13,600 Speaker 1: Treason against the United States shall consist only in levying 72 00:05:13,680 --> 00:05:17,800 Speaker 1: war against them, or in adhering to their enemies giving 73 00:05:17,800 --> 00:05:21,880 Speaker 1: them aid and comfort. No person shall be convicted of 74 00:05:21,880 --> 00:05:25,599 Speaker 1: treason in less on the testimony of two witnesses to 75 00:05:25,680 --> 00:05:29,640 Speaker 1: the same overt act or on confession in open court. 76 00:05:30,360 --> 00:05:33,599 Speaker 1: The grand jury charged Iva with eight acts of treason 77 00:05:34,360 --> 00:05:39,120 Speaker 1: with quote treasonable intent and for the purpose of, and 78 00:05:39,200 --> 00:05:42,640 Speaker 1: with the intent in her to adhere and give aid 79 00:05:42,760 --> 00:05:47,279 Speaker 1: and comfort to the Imperial Japanese government. The charges all 80 00:05:47,320 --> 00:05:52,120 Speaker 1: regarded specific allegations, not just that Iva was a radio broadcaster, 81 00:05:52,760 --> 00:05:55,920 Speaker 1: but that she had done specific actions while in this role, 82 00:05:56,720 --> 00:06:01,080 Speaker 1: including making certain statements such as one regarding the loss 83 00:06:01,080 --> 00:06:05,760 Speaker 1: of American ships. Though the acts themselves were specific, the 84 00:06:05,839 --> 00:06:09,640 Speaker 1: details ended there. The charges did not have exact dates 85 00:06:09,680 --> 00:06:14,680 Speaker 1: for the acts, simply giving date ranges instead. Once the 86 00:06:14,760 --> 00:06:19,800 Speaker 1: charges were brought, Iva's lawyer, Wayne Collins, got busy. He 87 00:06:19,880 --> 00:06:23,680 Speaker 1: added two more lawyers, Theodore Tamba and George Olshausen, to 88 00:06:23,720 --> 00:06:28,359 Speaker 1: the defense team. Like Collins, Tamba and Olshausen agreed to 89 00:06:28,400 --> 00:06:32,839 Speaker 1: work for free. On March first, nineteen forty nine, the 90 00:06:32,880 --> 00:06:36,520 Speaker 1: defense petitioned the government that forty three witnesses living abroad 91 00:06:36,680 --> 00:06:40,000 Speaker 1: be subpoenaed and brought at government expense to testify in 92 00:06:40,040 --> 00:06:44,640 Speaker 1: the trial. The government refused to issue the subpoenas, claiming 93 00:06:44,680 --> 00:06:47,920 Speaker 1: that it could not issue subpoenas for residents of foreign countries. 94 00:06:48,640 --> 00:06:51,520 Speaker 1: This may have applied to some of the witnesses, but 95 00:06:51,640 --> 00:06:54,760 Speaker 1: many of the subpoenas the defense had requested were four 96 00:06:54,800 --> 00:06:59,680 Speaker 1: American citizens only temporarily residing in Japan. In an earlier 97 00:06:59,680 --> 00:07:04,159 Speaker 1: treat trial for Mildred Gillers, an American radio broadcaster for 98 00:07:04,200 --> 00:07:07,440 Speaker 1: the Nazis, the government had agreed to pay to bring 99 00:07:07,520 --> 00:07:13,400 Speaker 1: defense witnesses from Germany, but in Iva's case they refused. However, 100 00:07:13,640 --> 00:07:16,600 Speaker 1: the government did agree to provide limited funds for a 101 00:07:16,600 --> 00:07:20,840 Speaker 1: defense lawyer to travel to Japan and collect depositions. The 102 00:07:20,880 --> 00:07:24,200 Speaker 1: funds allocated were so limited that they did not cover 103 00:07:24,280 --> 00:07:28,800 Speaker 1: a translator. June to Guri, Iva's father agreed to cover 104 00:07:28,880 --> 00:07:32,240 Speaker 1: this cost, as he would many of the trial costs, 105 00:07:32,760 --> 00:07:35,840 Speaker 1: eventually having to take out loans to cover the expenses. 106 00:07:38,160 --> 00:07:41,600 Speaker 1: In late March, defense attorney Theodore Tamba traveled to Japan 107 00:07:41,680 --> 00:07:46,400 Speaker 1: to seek out witnesses. Once there, he quickly ran into obstacles. 108 00:07:47,520 --> 00:07:51,000 Speaker 1: When the defense had submitted their request for forty three subpoenas, 109 00:07:51,680 --> 00:07:55,200 Speaker 1: the Justice Department had immediately sent the witness list over 110 00:07:55,240 --> 00:07:59,080 Speaker 1: to the military headquarters in Tokyo, which had then dispatched 111 00:07:59,160 --> 00:08:03,160 Speaker 1: an FBIA to speak to all of these witnesses first, 112 00:08:04,000 --> 00:08:08,360 Speaker 1: when Tamba, his translator, and No Story, a representative of 113 00:08:08,400 --> 00:08:11,160 Speaker 1: the Attorney General's Office who was there to perform costs 114 00:08:11,200 --> 00:08:15,320 Speaker 1: examinations of the witnesses, tried to speak to witnesses. They 115 00:08:15,360 --> 00:08:20,280 Speaker 1: found that many were too frightened to speak. Tomba later said, quote, 116 00:08:20,960 --> 00:08:24,280 Speaker 1: they appeared to mister Story and to me to be 117 00:08:24,520 --> 00:08:29,040 Speaker 1: genuinely frightened of our troops and occupied Japan. A number 118 00:08:29,040 --> 00:08:31,440 Speaker 1: of them had been led to believe that if they 119 00:08:31,560 --> 00:08:36,200 Speaker 1: testified against Missus Daquino, they could avoid being charged and 120 00:08:36,280 --> 00:08:40,600 Speaker 1: put on trial for their own admitted treasonable utterances and conduct. 121 00:08:41,520 --> 00:08:44,240 Speaker 1: Tamba and his translator struggled to get through to these 122 00:08:44,240 --> 00:08:47,280 Speaker 1: witnesses and ended up having to stay in Japan for 123 00:08:47,320 --> 00:08:51,920 Speaker 1: an additional month, at further cost to June Tagouri. This 124 00:08:52,080 --> 00:08:55,880 Speaker 1: resulted in a delay of the trial. The prosecution, on 125 00:08:55,920 --> 00:09:00,280 Speaker 1: the other hand, had no shortage of resources. They made 126 00:09:00,320 --> 00:09:04,520 Speaker 1: for nineteen witnesses to travel from Japan. The government offered 127 00:09:04,559 --> 00:09:08,840 Speaker 1: witnesses ten dollars a day, or around three thousand, three 128 00:09:08,920 --> 00:09:13,000 Speaker 1: hundred yen, more than the monthly salary of the average 129 00:09:13,080 --> 00:09:17,520 Speaker 1: Japanese university graduate at the time. Several of these witnesses 130 00:09:17,720 --> 00:09:20,320 Speaker 1: saved enough during the trial that they were able to 131 00:09:20,320 --> 00:09:24,600 Speaker 1: start businesses upon their return to Japan. Despite the wealth 132 00:09:24,679 --> 00:09:30,880 Speaker 1: of witnesses, time, and money, the prosecutors still had concerns, namely, 133 00:09:31,360 --> 00:09:33,840 Speaker 1: they did not believe that they had a compelling case. 134 00:09:35,280 --> 00:09:38,880 Speaker 1: Frank J. Hennessy, the United States Attorney for the Northern 135 00:09:38,880 --> 00:09:43,120 Speaker 1: District of California, was originally the only prosecutor assigned to 136 00:09:43,120 --> 00:09:47,800 Speaker 1: the case. After Hennessy reviewed the case, however, he recommended 137 00:09:47,800 --> 00:09:51,480 Speaker 1: to Attorney General Tom Clark that the charges be dropped 138 00:09:51,520 --> 00:09:55,760 Speaker 1: for lack of evidence. The Justice Department, instead of following 139 00:09:55,800 --> 00:10:00,360 Speaker 1: Hennessy's recommendation, assigned him a partner, Tom de Wolfe, an 140 00:10:00,360 --> 00:10:04,160 Speaker 1: Assistant Attorney General who specialized in trees and cases. But, 141 00:10:04,360 --> 00:10:08,520 Speaker 1: like Hennessy, d wolf had concerns. He had run the 142 00:10:08,559 --> 00:10:12,520 Speaker 1: grand jury that charged Iva back in October and privately 143 00:10:12,559 --> 00:10:16,360 Speaker 1: admitted shortly after that he had pressured the jurors to indict. 144 00:10:17,120 --> 00:10:19,920 Speaker 1: He wrote to a colleague about how he had promised 145 00:10:19,960 --> 00:10:23,959 Speaker 1: that other American broadcasters would be tried for treason despite 146 00:10:23,960 --> 00:10:27,280 Speaker 1: there being no plan to do so. If the above 147 00:10:27,360 --> 00:10:30,560 Speaker 1: action had not been taken by me, De wolf wrote, 148 00:10:30,760 --> 00:10:33,600 Speaker 1: I believe the grand jury would have returned a no 149 00:10:33,920 --> 00:10:38,040 Speaker 1: true bill against Missus Daquino. In other words, they wouldn't 150 00:10:38,080 --> 00:10:41,760 Speaker 1: have charged her. D Wolfe's doubts about the case were 151 00:10:41,880 --> 00:10:46,400 Speaker 1: long standing. In May nineteen forty eight, he had written 152 00:10:46,440 --> 00:10:49,600 Speaker 1: a strongly worded memo to a colleague in which he 153 00:10:49,640 --> 00:10:54,120 Speaker 1: concluded that quote there is no evidence upon which a 154 00:10:54,160 --> 00:10:58,199 Speaker 1: reasonable mind might fairly conclude guilt beyond a reasonable doubt. 155 00:10:59,400 --> 00:11:03,240 Speaker 1: Despite their concerns, Hennessy and a wolf continued with the 156 00:11:03,280 --> 00:11:08,080 Speaker 1: prosecution under orders from Attorney General Tom Clark. The prosecution 157 00:11:08,200 --> 00:11:11,280 Speaker 1: team was rounded out by James Knapp and John Hogan. 158 00:11:12,320 --> 00:11:16,520 Speaker 1: On July fifth, nineteen forty nine, at ten am, Judge 159 00:11:16,520 --> 00:11:20,160 Speaker 1: Michael Roche, chief Judge of the United States District Court 160 00:11:20,200 --> 00:11:25,040 Speaker 1: of Northern California, began the proceedings for jury selection. Iva 161 00:11:25,120 --> 00:11:29,600 Speaker 1: sat beside her lawyers, pale and drawn. She had endured 162 00:11:29,640 --> 00:11:33,760 Speaker 1: the traumatic stillbirth of her first child only eighteen months earlier, 163 00:11:34,200 --> 00:11:38,600 Speaker 1: and now suffered from recurring dysentery. Her shoulder length black 164 00:11:38,640 --> 00:11:41,760 Speaker 1: hair was held back by a headband, and she wore 165 00:11:41,800 --> 00:11:45,200 Speaker 1: a modest plaid suit that she had owned for years. 166 00:11:45,640 --> 00:11:48,080 Speaker 1: She would wear the suit every day of the trial. 167 00:11:49,160 --> 00:11:52,760 Speaker 1: Jury selection went quickly. The defense team tried to screen 168 00:11:52,880 --> 00:11:58,000 Speaker 1: jurors for prejudiced attitudes towards Japanese Americans. The prosecution team, 169 00:11:58,040 --> 00:12:02,000 Speaker 1: on the other hand, screened uors by race using their 170 00:12:02,000 --> 00:12:06,400 Speaker 1: peremptory challenges, challenges that do not require an explanation on 171 00:12:06,600 --> 00:12:10,360 Speaker 1: every non white juror. The practice of being able to 172 00:12:10,400 --> 00:12:14,960 Speaker 1: remove jurors of certain races using peremptory challenges was only 173 00:12:15,000 --> 00:12:18,800 Speaker 1: stopped by a nineteen eighty six Supreme Court case bats 174 00:12:18,840 --> 00:12:21,880 Speaker 1: In v. Kentucky, though it is often hard to prove 175 00:12:21,920 --> 00:12:26,520 Speaker 1: that challenges were racially motivated. In the end, Iva's jury 176 00:12:26,600 --> 00:12:30,720 Speaker 1: was entirely white and consisted of six men and six women. 177 00:12:31,920 --> 00:12:34,920 Speaker 1: Tom de Wolfe delivered the opening statement for the prosecution 178 00:12:35,240 --> 00:12:38,640 Speaker 1: the next day. He told jurors that Iva had stayed 179 00:12:38,679 --> 00:12:42,160 Speaker 1: in Japan voluntarily and that she had participated in the 180 00:12:42,200 --> 00:12:49,640 Speaker 1: broadcasts enthusiastically despite knowing that they were quote nefarious and propagandistic. 181 00:12:50,400 --> 00:12:53,480 Speaker 1: He said that Iva had made certain statements designed to 182 00:12:53,679 --> 00:12:58,920 Speaker 1: ruin American morale. Quote she told American troops that their 183 00:12:59,000 --> 00:13:03,920 Speaker 1: wives and sweetheart arts were unfaithful, and also that quote 184 00:13:04,040 --> 00:13:07,080 Speaker 1: the Japanese would never give up, so there was no 185 00:13:07,240 --> 00:13:10,920 Speaker 1: reason for Americans to stay there and be killed. De 186 00:13:11,040 --> 00:13:14,840 Speaker 1: Wolf said she did this all with malicious intent. In 187 00:13:14,920 --> 00:13:18,720 Speaker 1: his May nineteen forty eight memo, de Wolf had thought otherwise, 188 00:13:19,320 --> 00:13:23,560 Speaker 1: writing there is no proof available that when subject committed 189 00:13:23,640 --> 00:13:27,600 Speaker 1: said acts, she intended to portray the United States, but 190 00:13:27,760 --> 00:13:31,520 Speaker 1: that belief wouldn't stop him now. After using his first 191 00:13:31,520 --> 00:13:34,960 Speaker 1: witness to establish that Iva had signed autographs as Tokyo 192 00:13:35,040 --> 00:13:38,880 Speaker 1: Rose after the war, d Wolf called Shiitsugu Tsunaishi to 193 00:13:38,960 --> 00:13:43,280 Speaker 1: the stand. Sunaishi was the Japanese Imperial Army officer in 194 00:13:43,400 --> 00:13:47,640 Speaker 1: charge of the propaganda program at NHK. He testified that 195 00:13:47,720 --> 00:13:51,080 Speaker 1: the purpose of Zero Hour, the program IVA had announced 196 00:13:51,080 --> 00:13:56,439 Speaker 1: for was quote, to make Allied troops homesick and tired 197 00:13:56,559 --> 00:14:00,760 Speaker 1: or disgusted with the war. He also claimed that quote 198 00:14:01,200 --> 00:14:05,480 Speaker 1: absolutely no threatening or violent language was used to compel 199 00:14:05,600 --> 00:14:09,840 Speaker 1: prisoners of war to work on the broadcast. On cross examination, 200 00:14:10,280 --> 00:14:14,360 Speaker 1: Wayne Collins got Sunaishi to concede several points that supported 201 00:14:14,360 --> 00:14:19,040 Speaker 1: the defense. First, he asked Sunaishi if any other Japanese 202 00:14:19,040 --> 00:14:24,440 Speaker 1: propaganda stations broadcasting to the Pacific used English speaking female broadcasters. 203 00:14:25,320 --> 00:14:29,120 Speaker 1: Sunaishi said that there were thirteen such stations. The fact 204 00:14:29,120 --> 00:14:31,720 Speaker 1: that the defense would use to great effect later in 205 00:14:31,800 --> 00:14:37,320 Speaker 1: their case. Next, Collins pressed Sunaishi on the actual propaganda 206 00:14:37,360 --> 00:14:41,120 Speaker 1: content of Zero Hour. Sunaishi admitted that the program had 207 00:14:41,200 --> 00:14:45,120 Speaker 1: focused on entertainment. His strategy had been to rope in 208 00:14:45,320 --> 00:14:50,120 Speaker 1: American listeners with an appealing program, and then, once the 209 00:14:50,240 --> 00:14:55,040 Speaker 1: Japanese began winning the war, to introduce more propagandistic content. 210 00:14:56,400 --> 00:15:01,960 Speaker 1: But unfortunately, Sunaieshi, continued quote, the opportunity did not present 211 00:15:02,040 --> 00:15:06,240 Speaker 1: itself to do the real, true propaganda program that I wanted. 212 00:15:07,520 --> 00:15:11,800 Speaker 1: Here was Iva's Boss's boss, the lead army official on 213 00:15:11,840 --> 00:15:17,080 Speaker 1: the radio propaganda broadcasts, admitting himself that Iva's program had 214 00:15:17,120 --> 00:15:21,680 Speaker 1: not contained propaganda. Collins also tried to pull holes in 215 00:15:21,760 --> 00:15:25,160 Speaker 1: Sunniieshi's claim that POWs were not forced to work on 216 00:15:25,160 --> 00:15:28,560 Speaker 1: the programs by bringing up the story of George Williams. 217 00:15:29,320 --> 00:15:31,960 Speaker 1: Williams was a British civilian who had been held at 218 00:15:32,000 --> 00:15:35,720 Speaker 1: Bunka Camp, the prison where POWs who worked at NHK 219 00:15:35,920 --> 00:15:39,800 Speaker 1: were kept. When Williams had refused to participate in broadcasts, 220 00:15:40,520 --> 00:15:44,960 Speaker 1: Sunniihi ordered guards to take him away. Suoniihi then allowed 221 00:15:44,960 --> 00:15:48,040 Speaker 1: the POWs to believe that Williams had been killed for 222 00:15:48,080 --> 00:15:52,240 Speaker 1: his refusal In reality, Williams had been transported to a 223 00:15:52,280 --> 00:15:55,160 Speaker 1: different pow camp, where he lived for the rest of 224 00:15:55,200 --> 00:15:58,920 Speaker 1: the war, but the imagined threat struck fear into the 225 00:15:58,920 --> 00:16:02,640 Speaker 1: hearts of the POWs. They understood that their choice was 226 00:16:02,640 --> 00:16:06,680 Speaker 1: to participate in the broadcasts or to die. This was 227 00:16:06,760 --> 00:16:09,960 Speaker 1: important information for the jury to understand the culture of 228 00:16:10,040 --> 00:16:13,160 Speaker 1: fear that Ivo was steeped in during her time at NHK, 229 00:16:13,920 --> 00:16:16,840 Speaker 1: but unfortunately they did not get to hear the full story. 230 00:16:17,720 --> 00:16:21,120 Speaker 1: Tom de Wolf had objected to the testimony, and Judge 231 00:16:21,240 --> 00:16:25,320 Speaker 1: Roche had agreed with him that it was irrelevant. Another 232 00:16:25,360 --> 00:16:27,920 Speaker 1: thing the jurors did not get to hear, though they 233 00:16:27,920 --> 00:16:32,800 Speaker 1: may have deduced it for themselves, was about Sunaishi's ulterior motives. 234 00:16:33,760 --> 00:16:37,400 Speaker 1: On July seventh, the day before he testified, an article 235 00:16:37,440 --> 00:16:41,400 Speaker 1: had appeared about Sunaishi in the San Francisco Chronicle. In it, 236 00:16:41,640 --> 00:16:46,080 Speaker 1: a former Bunka Camp inmate, Mark Streeter, had accused Sunaishi 237 00:16:46,120 --> 00:16:50,880 Speaker 1: of being quote one of the worst war criminals. Streeter, 238 00:16:51,240 --> 00:16:54,360 Speaker 1: who alleged that Suneishi had beaten him at Bunka Camp, 239 00:16:54,920 --> 00:16:57,720 Speaker 1: was shocked to learn that the government was using Sunaishi 240 00:16:57,760 --> 00:17:01,120 Speaker 1: as a court witness and not instead prosecuting him for 241 00:17:01,160 --> 00:17:05,679 Speaker 1: the abuses he perpetrated at Lunka Camp. Suniishi then was 242 00:17:05,760 --> 00:17:10,119 Speaker 1: clearly motivated to protect himself and deny using any coercion 243 00:17:10,200 --> 00:17:14,320 Speaker 1: with NHK staff or prisoners of war. In fact, he 244 00:17:14,359 --> 00:17:17,479 Speaker 1: would later admit to a reporter that he had lied 245 00:17:17,520 --> 00:17:21,960 Speaker 1: to Australian officials who were investigating another POW's involvement in 246 00:17:22,040 --> 00:17:27,200 Speaker 1: broadcasts in order to protect himself and his superiors from prosecution. 247 00:17:28,200 --> 00:17:32,119 Speaker 1: Sunaishi was not the only witness whose testimony was affected 248 00:17:32,160 --> 00:17:37,639 Speaker 1: by fear of prosecution. Kenkichi Oki and George Hideo Mitsushio, 249 00:17:37,960 --> 00:17:43,440 Speaker 1: Iva's supervisors on Zero Hour, were also testifying. Oki and Mitsushio, 250 00:17:43,840 --> 00:17:48,200 Speaker 1: like Iva, were nise American born children of Japanese parents. 251 00:17:49,280 --> 00:17:52,840 Speaker 1: Both men had traveled to Japan before the war. They 252 00:17:52,840 --> 00:17:56,040 Speaker 1: had both become Japanese citizens, but had not at this 253 00:17:56,119 --> 00:18:00,520 Speaker 1: point renounced their American citizenship. As directors of Z Zero Hour, 254 00:18:01,119 --> 00:18:04,320 Speaker 1: they were just as vulnerable as Iva, if not more so, 255 00:18:04,880 --> 00:18:09,280 Speaker 1: to charges of treason. The government was relying on Oki 256 00:18:09,320 --> 00:18:12,159 Speaker 1: and Mitsushio to serve as witnesses for each of the 257 00:18:12,240 --> 00:18:16,120 Speaker 1: eight acts of treason Iva was charged with. The Constitution 258 00:18:16,320 --> 00:18:20,600 Speaker 1: stipulates that quote, no person shall be convicted of treason 259 00:18:21,080 --> 00:18:24,000 Speaker 1: unless on the testimony of two witnesses to the same 260 00:18:24,080 --> 00:18:29,000 Speaker 1: overt act. Oki and Mitsushio were to be those two witnesses. 261 00:18:29,920 --> 00:18:34,680 Speaker 1: Their testimony was highly specific, even using the exact language 262 00:18:34,680 --> 00:18:38,920 Speaker 1: of the indictments. In their answers when describing Iva's alleged acts, 263 00:18:39,760 --> 00:18:44,320 Speaker 1: Their memory of the crimes was detailed. Both men recited 264 00:18:44,320 --> 00:18:48,480 Speaker 1: the same quote that they claimed Iva had broadcast, quote, 265 00:18:49,040 --> 00:18:52,399 Speaker 1: now you fellows have lost all your ships. You really 266 00:18:52,440 --> 00:18:55,080 Speaker 1: are orphans of the Pacific. How do you think you 267 00:18:55,080 --> 00:18:58,760 Speaker 1: will ever get home? But when Collins pressed Oki for 268 00:18:58,920 --> 00:19:01,560 Speaker 1: any other details of the day, when he claimed that 269 00:19:01,600 --> 00:19:05,240 Speaker 1: Iva had made this statement, Oki could not recall any 270 00:19:06,160 --> 00:19:09,720 Speaker 1: not what breakfast he ate, not what he wore, not 271 00:19:09,840 --> 00:19:14,480 Speaker 1: the weather. He could only remember, in exact order the 272 00:19:14,560 --> 00:19:17,959 Speaker 1: twenty four treasonous words that Ivo was supposed to have 273 00:19:18,000 --> 00:19:21,520 Speaker 1: said that day. Oki also admitted on cross that he 274 00:19:21,680 --> 00:19:25,120 Speaker 1: was not testifying voluntarily and had been brought to San 275 00:19:25,160 --> 00:19:28,240 Speaker 1: Francisco forcibly on the orders of the U. S. Army. 276 00:19:28,920 --> 00:19:34,560 Speaker 1: Mitsushio and OKI's testimony as a whole seemed suspect. At 277 00:19:34,600 --> 00:19:38,880 Speaker 1: the lunch recess, David say Yizo Hyuga, a prosecution witness, 278 00:19:39,400 --> 00:19:41,919 Speaker 1: came up to the defense lawyers and told them that 279 00:19:42,040 --> 00:19:45,879 Speaker 1: he could prove that Mitsushiu and OKI's testimony was false, 280 00:19:46,600 --> 00:19:49,560 Speaker 1: but the defense never got a chance to question Hyuga. 281 00:19:50,080 --> 00:19:52,840 Speaker 1: After the prosecution learned he had been talking to the defense, 282 00:19:53,320 --> 00:19:56,360 Speaker 1: they sent him back to Japan, and he never testified 283 00:19:56,440 --> 00:20:03,600 Speaker 1: at all. In nineteen seventy six, nearly thirty years after 284 00:20:03,640 --> 00:20:07,520 Speaker 1: the trial, Ronald Yates published a bombshell report in the 285 00:20:07,600 --> 00:20:12,399 Speaker 1: Chicago Tribune. Yates had interviewed prosecution witnesses living in Japan, 286 00:20:13,000 --> 00:20:18,560 Speaker 1: including Kenkichi Oki and George Mitsushio. These witnesses all alleged 287 00:20:18,680 --> 00:20:21,960 Speaker 1: that they were coerced to testify and a lie on 288 00:20:22,080 --> 00:20:26,240 Speaker 1: the stand under threat of prosecution. The post war sentiment 289 00:20:26,320 --> 00:20:31,480 Speaker 1: against Japanese and against Americans of Japanese ancestry was tremendous, 290 00:20:31,720 --> 00:20:35,680 Speaker 1: remembered one witness. We were told that if we didn't cooperate, 291 00:20:36,200 --> 00:20:40,520 Speaker 1: Uncle Sam might arrange a trial for US too. Cooperation 292 00:20:40,960 --> 00:20:45,080 Speaker 1: in this case meant lying on the stand. One of 293 00:20:45,119 --> 00:20:49,360 Speaker 1: the men told Yates quote Iva never made a treasonable 294 00:20:49,400 --> 00:20:55,320 Speaker 1: broadcast in her life, threatening witnesses. Shocking as it may be, 295 00:20:56,359 --> 00:21:00,920 Speaker 1: was not the only taint on the prosecution's witnesses. There 296 00:21:01,040 --> 00:21:06,280 Speaker 1: was also the question of bribery. Remember Clark Lee, the 297 00:21:06,359 --> 00:21:10,600 Speaker 1: reporter who interviewed Iva in August nineteen forty five. In 298 00:21:10,680 --> 00:21:13,919 Speaker 1: his May nineteen forty eight memo, de Wolf had called 299 00:21:14,040 --> 00:21:18,679 Speaker 1: Lee and Harry Brundage's interview with Iva quote questionable and 300 00:21:18,800 --> 00:21:23,160 Speaker 1: of doubtful propriety. But now he was relying on Lee's 301 00:21:23,240 --> 00:21:28,199 Speaker 1: testimony as part of his case. Lee's testimony itself was 302 00:21:28,320 --> 00:21:33,200 Speaker 1: also questionable and doubtful. He claimed that Iva had told 303 00:21:33,240 --> 00:21:37,400 Speaker 1: him that she had broadcast the words orphans of the Pacific. 304 00:21:37,600 --> 00:21:40,679 Speaker 1: You really are orphans? Now, how are you going to 305 00:21:40,720 --> 00:21:42,800 Speaker 1: get home? Now that all of your ships are sunk? 306 00:21:43,560 --> 00:21:46,520 Speaker 1: This was very similar to the quote that Mitsushiu and 307 00:21:46,600 --> 00:21:50,800 Speaker 1: Oki had used, But this phrasing appeared nowhere in his 308 00:21:50,880 --> 00:21:55,560 Speaker 1: original notes on the interview with Iva. So that's not great, 309 00:21:56,320 --> 00:22:00,239 Speaker 1: But I promised you for bribery. That little issue came 310 00:22:00,280 --> 00:22:04,760 Speaker 1: out on cross examination when Wayne Collins asked Lee about 311 00:22:04,800 --> 00:22:10,160 Speaker 1: Hiromo Yagi, a witness who had testified at the grand jury. Now, 312 00:22:10,240 --> 00:22:14,880 Speaker 1: mister Lee, Collins asked, isn't it a fact that you 313 00:22:15,000 --> 00:22:18,560 Speaker 1: and mister Brundage requested to me to go to the 314 00:22:18,600 --> 00:22:22,560 Speaker 1: Saint Francis Hotel on October twenty fifth, nineteen forty eight, 315 00:22:22,960 --> 00:22:26,679 Speaker 1: because you wish to ascertain from me whether or not 316 00:22:26,880 --> 00:22:31,199 Speaker 1: I knew that Harry Brundage had gone to Japan in 317 00:22:31,359 --> 00:22:35,800 Speaker 1: nineteen forty eight and advised Yagi to come before the 318 00:22:35,880 --> 00:22:41,879 Speaker 1: grand jury and testify falsely in this case. De Wolf 319 00:22:42,040 --> 00:22:47,480 Speaker 1: immediately objected, shouting, you know that's nonsense. Judge Roche shut 320 00:22:47,480 --> 00:22:51,640 Speaker 1: the line of questioning down, but the seed was planted, 321 00:22:52,560 --> 00:22:56,040 Speaker 1: and the truth or most of it, came out in 322 00:22:56,080 --> 00:23:00,720 Speaker 1: the testimony of the next witness, FBI agent Fred Tillman. 323 00:23:01,640 --> 00:23:05,679 Speaker 1: On cross Collins asked Tillman if he had told defense 324 00:23:05,800 --> 00:23:10,720 Speaker 1: lawyer Theodore Tomba that Hiromu Yagi had confessed that he 325 00:23:10,800 --> 00:23:13,879 Speaker 1: had been bribed to lie to the grand jury. De 326 00:23:14,000 --> 00:23:18,520 Speaker 1: Wolf objected again, but after Collins argued that the jury 327 00:23:18,720 --> 00:23:22,720 Speaker 1: needed to know about a possible obstruction of justice, Judge 328 00:23:22,800 --> 00:23:28,080 Speaker 1: Roche allowed the testimony. Tillman admitted that the answer to Collins' 329 00:23:28,240 --> 00:23:33,240 Speaker 1: question was yes. A witness at the grand jury which 330 00:23:33,280 --> 00:23:38,639 Speaker 1: had indicted Iva and sparked these trial proceedings, had indeed 331 00:23:38,920 --> 00:23:43,760 Speaker 1: been bribed to lie Roche did not allow Tillman to 332 00:23:43,800 --> 00:23:46,639 Speaker 1: tell the whole story, but it is a simple and 333 00:23:46,760 --> 00:23:51,159 Speaker 1: sordid one. Two months after the grand jury indicted at Iva, 334 00:23:51,840 --> 00:23:56,000 Speaker 1: Assistant Attorney General Alexander Campbell sent a memo to Attorney 335 00:23:56,119 --> 00:24:00,920 Speaker 1: General Tom Clark. The memo revealed that Hiromu yah, who 336 00:24:00,960 --> 00:24:04,320 Speaker 1: had told the Grand jury that he had personally seen 337 00:24:04,440 --> 00:24:08,760 Speaker 1: Iva make a broadcast where she taunted Americans, had been 338 00:24:08,840 --> 00:24:13,160 Speaker 1: bribed to lie on the stand by reporter Harry Brundage. 339 00:24:13,320 --> 00:24:16,359 Speaker 1: When Brundage had gone to Japan in nineteen forty eight 340 00:24:16,440 --> 00:24:19,879 Speaker 1: to pursue the Tokyo Rose story, he had tried to 341 00:24:19,920 --> 00:24:23,360 Speaker 1: convince at least two witnesses to lie on the stand 342 00:24:23,880 --> 00:24:26,760 Speaker 1: by plying them with gifts and promises of a free 343 00:24:26,800 --> 00:24:31,080 Speaker 1: trip to America. One of these witnesses had refused, but 344 00:24:31,240 --> 00:24:35,399 Speaker 1: Yagi had gone along with the plan. Yagi's testimony had 345 00:24:35,520 --> 00:24:39,480 Speaker 1: rung false to FBI agent Tillman, so he had immediately 346 00:24:39,520 --> 00:24:43,199 Speaker 1: begun to look into the matter. After an investigation in 347 00:24:43,280 --> 00:24:47,720 Speaker 1: Japan and a further interrogation of Yagi, the truth came out, 348 00:24:49,119 --> 00:24:54,120 Speaker 1: despite the Justice Department knowing full well that the grandeurors 349 00:24:54,200 --> 00:24:59,040 Speaker 1: had heard perjured testimony, and that Harry Brundage had suborned 350 00:24:59,160 --> 00:25:03,800 Speaker 1: the perjury. The Department decided to proceed with Iva's case 351 00:25:04,200 --> 00:25:09,160 Speaker 1: and also not to pursue a case against Brundage. There 352 00:25:09,160 --> 00:25:12,840 Speaker 1: were two reasons not to go after Brundage, according to 353 00:25:12,920 --> 00:25:17,640 Speaker 1: Assistant Attorney General Campbell, First, he believed that jurors would 354 00:25:17,640 --> 00:25:21,760 Speaker 1: not convict Brundage, a white man, on the testimony of 355 00:25:21,800 --> 00:25:27,720 Speaker 1: two Japanese men. Secondly, and perhaps more importantly, as Campbell 356 00:25:27,760 --> 00:25:31,840 Speaker 1: wrote in his memo to Attorney General Clark, quote, we 357 00:25:31,960 --> 00:25:36,880 Speaker 1: believe that instituting prosecution against Brundage prior to the completion 358 00:25:37,119 --> 00:25:42,040 Speaker 1: of litigation would completely destroy any chance of a conviction. 359 00:25:42,560 --> 00:25:47,560 Speaker 1: In Iva's case, the Attorney General's office chose a chance 360 00:25:47,680 --> 00:25:53,800 Speaker 1: at conviction over telling the truth. So far, nearly all 361 00:25:53,880 --> 00:25:59,320 Speaker 1: the prosecution witnesses testimony was corrupted in some way, although 362 00:25:59,359 --> 00:26:02,240 Speaker 1: of course the jury did not know the full extent 363 00:26:02,320 --> 00:26:07,119 Speaker 1: of the problem. Fortunately for the prosecution, their next witnesses 364 00:26:07,160 --> 00:26:11,080 Speaker 1: would not have the same credibility issues, though their testimony 365 00:26:11,119 --> 00:26:15,560 Speaker 1: did have other problems. These witnesses were the Pacific gis 366 00:26:15,760 --> 00:26:21,320 Speaker 1: who had heard Tokyo Rose broadcast propaganda statements. These servicemen 367 00:26:21,359 --> 00:26:24,960 Speaker 1: testified to hearing a woman who they said used Ivas 368 00:26:25,000 --> 00:26:29,800 Speaker 1: alias Orphan Anne, talk about troop movements, taunt them with 369 00:26:29,880 --> 00:26:34,320 Speaker 1: allegations of their wives and girlfriends infidelity in their absence, 370 00:26:35,200 --> 00:26:38,080 Speaker 1: and try to make them homesick by talking about steak 371 00:26:38,119 --> 00:26:42,240 Speaker 1: and ice cream. Many of these memories, as Collins was 372 00:26:42,280 --> 00:26:46,560 Speaker 1: able to reveal on cross examination, were vague and amorphous. 373 00:26:47,359 --> 00:26:51,359 Speaker 1: The servicemen could not remember specific dates or times, and 374 00:26:51,480 --> 00:26:55,040 Speaker 1: often it seemed likely that they were remembering rumors about 375 00:26:55,119 --> 00:27:01,359 Speaker 1: Tokyo Rose broadcasts, not actual broadcasts themselves. However, some of 376 00:27:01,400 --> 00:27:06,800 Speaker 1: the testimony was emotionally compelling. Marshall Hoot, a Chief Bosun's mate, 377 00:27:07,320 --> 00:27:10,280 Speaker 1: testified about hearing a broadcast that he then made a 378 00:27:10,320 --> 00:27:13,440 Speaker 1: note of in a letter home to his wife. Judge 379 00:27:13,560 --> 00:27:17,080 Speaker 1: Roche allowed Hoot to read the entirety of the emotional letter, 380 00:27:17,680 --> 00:27:19,800 Speaker 1: where he talked about how much he missed his wife 381 00:27:19,960 --> 00:27:23,800 Speaker 1: and how painful the war was. The letter brought some 382 00:27:24,000 --> 00:27:31,960 Speaker 1: jury members to tears. Suddenly, Tokyo Rose's crimes seemed very real. However, 383 00:27:32,480 --> 00:27:36,480 Speaker 1: the details of those alleged crimes did not always line up. 384 00:27:37,480 --> 00:27:41,280 Speaker 1: For example, Marshall Hoot was sure he had heard Tokyo 385 00:27:41,400 --> 00:27:45,680 Speaker 1: Rose discussing infidelity while he listened at dinner between six 386 00:27:45,880 --> 00:27:50,159 Speaker 1: and seven o'clock. That was indeed when Zero Hour aired, 387 00:27:50,960 --> 00:27:54,840 Speaker 1: but in Tokyo in the Gilbert Islands, where Hoot had 388 00:27:54,880 --> 00:27:58,040 Speaker 1: been at the time, the time was three hours earlier, 389 00:27:58,800 --> 00:28:02,520 Speaker 1: so Zero Hour aired at three o'clock there not six. 390 00:28:03,560 --> 00:28:08,680 Speaker 1: Many other gis testimony had similar time zone issues. Other 391 00:28:08,760 --> 00:28:12,840 Speaker 1: men's statements contradicted earlier statements they had given the FBI, 392 00:28:13,600 --> 00:28:17,159 Speaker 1: although neither the defense attorneys nor the jurors knew this. 393 00:28:20,080 --> 00:28:23,520 Speaker 1: For the final piece of their case, the prosecution introduced 394 00:28:23,600 --> 00:28:28,679 Speaker 1: recordings and scripts of Iva's broadcasts during the war. American 395 00:28:28,760 --> 00:28:32,960 Speaker 1: monitors had recorded all of the Zero Hour broadcasts. While 396 00:28:33,000 --> 00:28:36,080 Speaker 1: she was in Sugamo prison. Iva had been told that 397 00:28:36,119 --> 00:28:40,920 Speaker 1: there were three hundred and forty recordings. However, the prosecution 398 00:28:41,200 --> 00:28:46,600 Speaker 1: now only introduced six recordings. None of these recordings contained 399 00:28:46,680 --> 00:28:51,840 Speaker 1: statements that corroborated the overt acts. For example, none of 400 00:28:51,880 --> 00:28:56,560 Speaker 1: them referenced the loss of ships. Instead, the recordings were 401 00:28:56,600 --> 00:29:01,080 Speaker 1: surprisingly trivial and light. Hello you fighting orphans in the Pacific? 402 00:29:01,440 --> 00:29:05,600 Speaker 1: How's tricks? This is Annie back in the air reception? Okay, 403 00:29:06,400 --> 00:29:09,280 Speaker 1: well it better be because this is all request night, 404 00:29:09,560 --> 00:29:11,920 Speaker 1: and I've got a pretty nice program for my favorite 405 00:29:11,960 --> 00:29:16,640 Speaker 1: little family, The Wandering Boneheads of the Pacific Islands, went 406 00:29:16,720 --> 00:29:21,800 Speaker 1: one broadcast. Her announcements were interspersed with music, and some 407 00:29:21,920 --> 00:29:24,760 Speaker 1: jurors could be observed tapping their fingers or feet to 408 00:29:24,800 --> 00:29:29,200 Speaker 1: the beat. Before the broadcast introduced one song, she jokingly 409 00:29:29,240 --> 00:29:34,560 Speaker 1: warned listeners, it's dangerous enemy propaganda, so beware. As de 410 00:29:34,640 --> 00:29:38,280 Speaker 1: Wolf himself had said in his May memo quote, the 411 00:29:38,360 --> 00:29:42,360 Speaker 1: scripts of her programs seemed totally innocuous and might be 412 00:29:42,360 --> 00:29:46,400 Speaker 1: said to have little, if any entertainment value. On this 413 00:29:46,520 --> 00:29:51,720 Speaker 1: somewhat anti climactic note, on August twelfth, the prosecution rested. 414 00:29:52,800 --> 00:29:56,440 Speaker 1: Though many of their witnesses had had credibility issues. Some 415 00:29:56,480 --> 00:30:00,240 Speaker 1: of these credibility issues were unknown to the jury, and 416 00:30:00,360 --> 00:30:04,920 Speaker 1: the testimony of the servicemen, while somewhat vague, had been 417 00:30:05,000 --> 00:30:11,080 Speaker 1: heart wrenching. Could the defense offer a compelling rebuttal. We're 418 00:30:11,080 --> 00:30:13,959 Speaker 1: going to take a quick break now. When we return, 419 00:30:14,320 --> 00:30:17,120 Speaker 1: we'll find out what Iva's defense team had to say. 420 00:30:18,960 --> 00:30:23,800 Speaker 1: On August thirteenth, nineteen forty nine, Theodore Tamba delivered the 421 00:30:23,840 --> 00:30:28,520 Speaker 1: defense opening. He kept things simple. The defense would show. 422 00:30:28,640 --> 00:30:32,600 Speaker 1: He said that Iva never had treasonous intent, and that 423 00:30:32,680 --> 00:30:37,120 Speaker 1: she had broadcast under threat and duress. The defense's first 424 00:30:37,160 --> 00:30:41,800 Speaker 1: witness was Charles Cousins, the Australian POW who had worked 425 00:30:41,800 --> 00:30:46,400 Speaker 1: with Iva on Zero Hour two years earlier. Cousins himself 426 00:30:46,440 --> 00:30:50,040 Speaker 1: had been charged with treason in Australia, but the charges 427 00:30:50,080 --> 00:30:53,320 Speaker 1: were quickly dropped and he had resumed his civilian life. 428 00:30:54,320 --> 00:30:58,200 Speaker 1: When he heard about Iva's trial, he immediately volunteered to 429 00:30:58,280 --> 00:31:02,400 Speaker 1: testify in her defense. Iva was so happy to be 430 00:31:02,520 --> 00:31:05,960 Speaker 1: reunited with Cousins, who she had last seen in a 431 00:31:06,000 --> 00:31:09,880 Speaker 1: POW hospital as he recovered from a heart attack, that 432 00:31:09,960 --> 00:31:14,120 Speaker 1: she broke down crying when she saw him. The defense 433 00:31:14,160 --> 00:31:17,600 Speaker 1: team hoped that they could use Cousin's experience to provide 434 00:31:17,720 --> 00:31:21,960 Speaker 1: context for the duress Iva might have experienced. They asked 435 00:31:22,040 --> 00:31:24,080 Speaker 1: him to talk about what he had seen while in 436 00:31:24,160 --> 00:31:28,360 Speaker 1: POW camps. As Cousins began to tell the story of 437 00:31:28,440 --> 00:31:32,280 Speaker 1: Japanese guards beating a fellow prisoner to death, the normally 438 00:31:32,400 --> 00:31:36,880 Speaker 1: self possessed man broke down into tears. When he regained 439 00:31:36,880 --> 00:31:41,080 Speaker 1: his composure, he continued the story, but the prosecution objected. 440 00:31:41,880 --> 00:31:45,520 Speaker 1: After an argument out of the jury's hearing, Judge Roche 441 00:31:45,560 --> 00:31:48,480 Speaker 1: once again ruled that this sort of background information was 442 00:31:48,560 --> 00:31:54,200 Speaker 1: irrelevant and admissible. Further testimony about the broadcasting specific threats 443 00:31:54,200 --> 00:31:58,080 Speaker 1: that Cousins had endured, including when Suniishi ordered him to 444 00:31:58,120 --> 00:32:03,560 Speaker 1: participate in broadcasts while pointedly displaying his unsheathed sword, were 445 00:32:03,600 --> 00:32:07,520 Speaker 1: also objected to by the prosecution, and Judge Roche struck 446 00:32:07,560 --> 00:32:12,200 Speaker 1: the testimony. Roche additionally barred Cousins from explaining that Iva 447 00:32:12,280 --> 00:32:15,360 Speaker 1: had brought food and medicine to the POW's because she 448 00:32:15,400 --> 00:32:19,000 Speaker 1: had heard about the awful conditions at Bunka Camp. All 449 00:32:19,040 --> 00:32:23,320 Speaker 1: of this evidence, crucial to explaining the environment Iva lived 450 00:32:23,400 --> 00:32:28,640 Speaker 1: and worked in, was not allowed. Cousins was permitted, however, 451 00:32:29,080 --> 00:32:32,440 Speaker 1: to talk about his work with Iva at NHK. He 452 00:32:32,680 --> 00:32:35,520 Speaker 1: explained that he had coached Iva in order to make 453 00:32:35,560 --> 00:32:40,120 Speaker 1: the material as enjoyable as possible, teaching her comedic timing 454 00:32:40,160 --> 00:32:45,000 Speaker 1: and rhythm. He had chosen Iva, he explained, because of 455 00:32:45,040 --> 00:32:48,880 Speaker 1: her terrible voice, which he believed would make a quote 456 00:32:49,120 --> 00:32:54,560 Speaker 1: complete burlesque of any propaganda content. He also testified that 457 00:32:54,680 --> 00:32:58,680 Speaker 1: he had explicitly told Iva about the subversive intents of 458 00:32:58,720 --> 00:33:02,640 Speaker 1: the program. Cousin's testimony was backed up by the testimony 459 00:33:02,680 --> 00:33:08,280 Speaker 1: of two other POWs, Wallace Ince and Norman Reyes. Next, 460 00:33:08,520 --> 00:33:12,160 Speaker 1: the defense called their own set of gis. These men 461 00:33:12,240 --> 00:33:16,160 Speaker 1: testified that they had enjoyed listening to Zero Hour, although 462 00:33:16,200 --> 00:33:19,440 Speaker 1: some also said that they were disappointed that the g rated, 463 00:33:19,680 --> 00:33:23,400 Speaker 1: somewhat bland banter of Orphan ann didn't live up to 464 00:33:23,880 --> 00:33:28,840 Speaker 1: quote the witty and smutty and entertaining legend of Tokyo Rose. 465 00:33:29,680 --> 00:33:33,560 Speaker 1: An intelligence officer testified that he had originally listened to 466 00:33:33,600 --> 00:33:37,640 Speaker 1: the program in order to learn about Japanese propaganda, but 467 00:33:38,160 --> 00:33:43,280 Speaker 1: Quote did not find propaganda. One officer stationed in Alaska 468 00:33:43,760 --> 00:33:47,240 Speaker 1: recalled the Alaskan command telling him and his colleagues that 469 00:33:47,280 --> 00:33:51,640 Speaker 1: the orphan An broadcasts were good for troop morale. After 470 00:33:51,680 --> 00:33:57,440 Speaker 1: the servicemen's testimony, Yaneko Konzaki took the stand. Kanzaki, a 471 00:33:57,560 --> 00:34:00,840 Speaker 1: Nisse born in New Jersey, had met Iva in Japan 472 00:34:00,920 --> 00:34:04,760 Speaker 1: during the war. Konzaki had later gotten a job as 473 00:34:04,800 --> 00:34:08,840 Speaker 1: an English language announcer for a German radio program. This 474 00:34:09,000 --> 00:34:13,439 Speaker 1: program had for quite some time aired right before Zero Hour, 475 00:34:14,280 --> 00:34:19,120 Speaker 1: but unlike Zero Hour, German Hour contained explicit propaganda content. 476 00:34:19,840 --> 00:34:23,239 Speaker 1: The point of Konzaki's testimony was to establish that there 477 00:34:23,239 --> 00:34:27,680 Speaker 1: had been other female English speaking broadcasters who were just 478 00:34:27,719 --> 00:34:31,680 Speaker 1: as likely to be Tokyo Rose as Ivo was. Another 479 00:34:31,760 --> 00:34:36,480 Speaker 1: Tokyo Rose candidate was Myrtle Lipten. Lipton herself did not 480 00:34:36,640 --> 00:34:40,000 Speaker 1: testify at the trial, but her story was recorded through 481 00:34:40,000 --> 00:34:44,560 Speaker 1: the deposition of Ken Murayama. Moriyama was a Nise reporter 482 00:34:44,800 --> 00:34:47,880 Speaker 1: who had worked for a Japanese news agency in Manila 483 00:34:47,960 --> 00:34:51,800 Speaker 1: during the war. While there, Moriyama had written scripts for 484 00:34:51,960 --> 00:34:57,240 Speaker 1: Melody Lane, an English language Japanese propaganda radio program hosted 485 00:34:57,320 --> 00:35:02,600 Speaker 1: by Myrtle Lipten. Lipton. More Yama testified had a quote, 486 00:35:02,880 --> 00:35:07,279 Speaker 1: low pitched, husky voice that appealed to listeners, just the 487 00:35:07,360 --> 00:35:10,479 Speaker 1: type of voice that the mythological Tokyo Rose was said 488 00:35:10,480 --> 00:35:15,400 Speaker 1: to have, Very different from Iva's harsher tone. Moriyama stated 489 00:35:15,400 --> 00:35:19,680 Speaker 1: that Lipton's scripts were quote designed to create a sense 490 00:35:19,719 --> 00:35:23,920 Speaker 1: of homesickness among troops in the Southwest Pacific. We had 491 00:35:24,000 --> 00:35:27,080 Speaker 1: stories of girls having dates with men at home while 492 00:35:27,160 --> 00:35:31,680 Speaker 1: possibly their sweethearts and husbands might be fighting. Buddy Uno, 493 00:35:31,840 --> 00:35:35,600 Speaker 1: a pow who had also worked on Lipton's program, said 494 00:35:35,600 --> 00:35:39,320 Speaker 1: of the show, quote, it carried a punch. It was sexy, 495 00:35:39,800 --> 00:35:43,400 Speaker 1: She had everything in it. She painted horrible pictures of 496 00:35:43,440 --> 00:35:48,120 Speaker 1: the jungles dropping bombs and foxholes. Then she described the 497 00:35:48,160 --> 00:35:51,839 Speaker 1: good old days back home, saying things like, what a 498 00:35:51,880 --> 00:35:54,560 Speaker 1: pity fellows have to die in the jungle without even 499 00:35:54,680 --> 00:35:58,160 Speaker 1: knowing what you were fighting for. This kind of content 500 00:35:58,440 --> 00:36:03,120 Speaker 1: was exactly what Iva was accused of broadcasting. Could witnesses 501 00:36:03,160 --> 00:36:09,239 Speaker 1: have gotten her broadcast mixed up with Lipton's. On the 502 00:36:09,280 --> 00:36:13,880 Speaker 1: forty sixth day of the trial, September seventh, Iva herself 503 00:36:13,920 --> 00:36:17,880 Speaker 1: took the stand. Reflecting on her decision to take the stand, 504 00:36:18,239 --> 00:36:21,560 Speaker 1: Iva told historian Messiah Deuce, if I got on the 505 00:36:21,600 --> 00:36:25,240 Speaker 1: witness stand and told only the truth, then the truth 506 00:36:25,280 --> 00:36:29,879 Speaker 1: would win. I thought. Collins began by leading Iva through 507 00:36:29,920 --> 00:36:34,239 Speaker 1: her early life in America. As she spoke, reporters and 508 00:36:34,360 --> 00:36:39,319 Speaker 1: jurors alike listened closely. Did this woman's voice align with 509 00:36:39,440 --> 00:36:45,480 Speaker 1: the allegedly seductive, alluring voice of Tokyo Rose. Most did 510 00:36:45,520 --> 00:36:49,120 Speaker 1: not think so. The San Francisco Chronicle called it a 511 00:36:49,160 --> 00:36:52,879 Speaker 1: hard voice, and The Pacific Citizen described her voice as 512 00:36:53,000 --> 00:36:57,600 Speaker 1: harsh and jerky. Personally, I think her voice is charming. 513 00:36:58,120 --> 00:37:02,000 Speaker 1: It isn't sultry or smooth. But it has personality and energy. 514 00:37:02,719 --> 00:37:05,480 Speaker 1: If you'd like to hear Iva's voice for yourself, you 515 00:37:05,480 --> 00:37:07,480 Speaker 1: can hear it in a film she recorded for the 516 00:37:07,640 --> 00:37:10,719 Speaker 1: Army in nineteen forty five, which you can find on 517 00:37:10,760 --> 00:37:16,440 Speaker 1: the History on Trial, Instagram or online. The direct examination 518 00:37:16,600 --> 00:37:20,520 Speaker 1: went smoothly until Collins began questioning Iva about her time 519 00:37:20,560 --> 00:37:25,279 Speaker 1: in Japan. The prosecution immediately began objecting that this testimony 520 00:37:25,360 --> 00:37:29,719 Speaker 1: was irrelevant, and Judge Roche once again agreed. So the 521 00:37:29,760 --> 00:37:33,800 Speaker 1: background about the military and police harassment Iva had faced 522 00:37:34,400 --> 00:37:37,040 Speaker 1: and the terrible condition she had heard about from the 523 00:37:37,080 --> 00:37:43,400 Speaker 1: POW's was all excluded, and how she had repeatedly tried 524 00:37:43,440 --> 00:37:47,040 Speaker 1: to get back to the United States on repatriationships was 525 00:37:47,200 --> 00:37:52,240 Speaker 1: all excluded. Without hearing this information, the jury had little 526 00:37:52,360 --> 00:37:56,800 Speaker 1: chance of understanding Iva's circumstances when she took the broadcasting job. 527 00:37:57,560 --> 00:38:00,920 Speaker 1: Iva was, however, allowed to testify about how she was 528 00:38:01,000 --> 00:38:04,400 Speaker 1: not allowed to quit the program when she had tried to. 529 00:38:04,680 --> 00:38:07,640 Speaker 1: She said her Army supervisors told her that she was 530 00:38:07,719 --> 00:38:11,800 Speaker 1: not permitted to. She also testified that her only reason 531 00:38:11,880 --> 00:38:15,400 Speaker 1: for working on the program was to quote stick by 532 00:38:15,440 --> 00:38:20,160 Speaker 1: the POW's. She explained how she had consistently resisted helping 533 00:38:20,160 --> 00:38:24,400 Speaker 1: the Japanese war effort despite constant pressure by refusing to 534 00:38:24,440 --> 00:38:27,560 Speaker 1: buy war bonds or give to the Japanese Red Cross. 535 00:38:28,480 --> 00:38:32,040 Speaker 1: Collins then walked Iva through the statements that the prosecution's 536 00:38:32,080 --> 00:38:35,920 Speaker 1: witnesses had claimed to have heard her say. Iva denied 537 00:38:36,000 --> 00:38:41,880 Speaker 1: making each statement. Then Colins read through the indictment, asking Iva, 538 00:38:42,680 --> 00:38:46,799 Speaker 1: did you at any time adhere to our enemies, the 539 00:38:46,840 --> 00:38:52,640 Speaker 1: Imperial Japanese Army. Never did you ever do any act 540 00:38:52,760 --> 00:38:57,879 Speaker 1: whatsoever with the intention of betraying the United States. Never 541 00:38:59,239 --> 00:39:03,520 Speaker 1: did you, at any time whatsoever commit treason against the 542 00:39:03,640 --> 00:39:08,680 Speaker 1: United States. Never. By the end of the three and 543 00:39:08,719 --> 00:39:13,160 Speaker 1: a half day direct examination, Iva was shaking with exhaustion 544 00:39:13,360 --> 00:39:17,800 Speaker 1: and emotion. She had suffered a recurrence of dysenteria month earlier, 545 00:39:18,280 --> 00:39:21,360 Speaker 1: causing a brief delay in the trial, and her strength 546 00:39:21,520 --> 00:39:25,279 Speaker 1: was low. Now she had to endure a cross examination, 547 00:39:25,920 --> 00:39:29,880 Speaker 1: which would last for an additional three days. De Wolf 548 00:39:30,000 --> 00:39:33,520 Speaker 1: pushed Iva to specify what kind of duress she had experienced. 549 00:39:34,280 --> 00:39:37,520 Speaker 1: You were not forced by physical force, Missus Dequino to 550 00:39:37,560 --> 00:39:41,440 Speaker 1: go on the air and broadcast. Were you not forced 551 00:39:41,760 --> 00:39:45,440 Speaker 1: just fearful? Iva replied? And you were never jailed by 552 00:39:45,440 --> 00:39:50,680 Speaker 1: the Japanese police authorities. No, And of course, you were 553 00:39:50,719 --> 00:39:54,760 Speaker 1: never personally assaulted or beaten or whipped or suffered any 554 00:39:54,840 --> 00:39:59,399 Speaker 1: physical torture, were you. No, there had never been any 555 00:39:59,400 --> 00:40:03,480 Speaker 1: physical thing. This was likely the most damaging part of 556 00:40:03,520 --> 00:40:06,800 Speaker 1: the cross examination. For the rest of it, Iva largely 557 00:40:06,840 --> 00:40:12,600 Speaker 1: managed to retain her composure, giving simple, straightforward answers. After 558 00:40:12,640 --> 00:40:16,160 Speaker 1: the cross examination ended on the morning of September fifteenth, 559 00:40:16,600 --> 00:40:21,800 Speaker 1: Wayne Collins asked Iva a final redirect question, missus Daquino, 560 00:40:22,400 --> 00:40:24,239 Speaker 1: do you still want to be a citizen of the 561 00:40:24,320 --> 00:40:28,479 Speaker 1: United States. It had been seven years since the State 562 00:40:28,520 --> 00:40:32,600 Speaker 1: Department had prevented her from returning home on a repatriation ship, 563 00:40:32,920 --> 00:40:35,960 Speaker 1: four years since the military had held her in jail 564 00:40:36,040 --> 00:40:39,960 Speaker 1: for a year with no warrant and no explanation, a 565 00:40:40,080 --> 00:40:42,960 Speaker 1: year since she had been taken into custody again in 566 00:40:43,080 --> 00:40:45,760 Speaker 1: Japan and brought to the United States as a prisoner, 567 00:40:46,400 --> 00:40:49,640 Speaker 1: and fifty three days since her grueling trial had begun. 568 00:40:50,400 --> 00:40:53,960 Speaker 1: But Iva did not waiver. Did she still want to 569 00:40:53,960 --> 00:40:59,880 Speaker 1: be a citizen of the United States? Yes, she said. 570 00:40:59,840 --> 00:41:04,800 Speaker 1: Days later, on September nineteenth, the defense rested, Closing arguments 571 00:41:04,840 --> 00:41:09,400 Speaker 1: would begin the next day. US Attorney Frank J. Hennessy 572 00:41:09,520 --> 00:41:13,479 Speaker 1: delivered the first closing argument for the prosecution. Despite having 573 00:41:13,560 --> 00:41:17,200 Speaker 1: earlier expressed doubts about the validity of the case, he 574 00:41:17,280 --> 00:41:23,040 Speaker 1: now displayed no qualms about condemning Iva. She was neither ordered, threatened, 575 00:41:23,200 --> 00:41:26,440 Speaker 1: or coerced a broadcast on the Zero Hour program beamed 576 00:41:26,480 --> 00:41:29,560 Speaker 1: at American troops fighting in the South Pacific. She did 577 00:41:29,640 --> 00:41:32,920 Speaker 1: not conspire with other prisoners of war to sabotage the 578 00:41:32,960 --> 00:41:38,200 Speaker 1: defeatist propaganda aims of the broadcasts, said Hennessy. Attorney George 579 00:41:38,200 --> 00:41:42,480 Speaker 1: Olshausen gave the defense closing argument. He reminded jurors that 580 00:41:42,520 --> 00:41:45,960 Speaker 1: the government needed to prove their case beyond a reasonable doubt. 581 00:41:46,719 --> 00:41:49,160 Speaker 1: He then walked through all of the ways in which 582 00:41:49,160 --> 00:41:53,560 Speaker 1: the government's case was lacking. He discussed the ulterior motives 583 00:41:53,560 --> 00:41:58,440 Speaker 1: of two key prosecution witnesses, Mitsuhio and Oki, saying the 584 00:41:58,480 --> 00:42:02,200 Speaker 1: witnesses were perjuring themselves to bring a conviction. He brought 585 00:42:02,280 --> 00:42:05,680 Speaker 1: up the alleged bribery of Hiromo Yagi by Harry Brundage. 586 00:42:06,239 --> 00:42:09,560 Speaker 1: He pointed out that the testimony of the gis was unreliable, 587 00:42:10,160 --> 00:42:15,040 Speaker 1: noting the errors made in time differences and memories Most importantly, 588 00:42:15,480 --> 00:42:19,040 Speaker 1: he reminded jurors that none of the broadcast recordings or 589 00:42:19,120 --> 00:42:23,680 Speaker 1: scripts that the prosecution produced had contained any treasonous material. 590 00:42:24,320 --> 00:42:28,160 Speaker 1: In short, he showed how thin, if not nonexistent, the 591 00:42:28,160 --> 00:42:33,560 Speaker 1: evidence really was. To conclude, Olshausen framed Iva in a 592 00:42:33,640 --> 00:42:37,120 Speaker 1: new light, not as a trader, but as a patriot. 593 00:42:38,200 --> 00:42:41,560 Speaker 1: In effect, he said, she had really been working behind 594 00:42:41,560 --> 00:42:45,320 Speaker 1: the enemy lines. I think she served the United States 595 00:42:45,480 --> 00:42:48,279 Speaker 1: very well, and all she got for her trouble was 596 00:42:48,320 --> 00:42:52,480 Speaker 1: a year in jail. The least and the most we 597 00:42:52,600 --> 00:42:57,040 Speaker 1: can do at this time is to acquit her. Assistant 598 00:42:57,080 --> 00:43:00,840 Speaker 1: Attorney General Tom de Wolfe delivered the prosecut Hustin's final 599 00:43:00,880 --> 00:43:05,240 Speaker 1: closing argument. In his May nineteen forty eight memod. Wolf 600 00:43:05,280 --> 00:43:09,520 Speaker 1: had written, quote, the government's case must fail as a 601 00:43:09,520 --> 00:43:12,919 Speaker 1: matter of law because the testimony of the government will 602 00:43:12,960 --> 00:43:16,719 Speaker 1: disclose that subject did not adhere to the enemy or 603 00:43:16,760 --> 00:43:21,520 Speaker 1: possess the requisite disloyal state of mind. Further, he had written, 604 00:43:22,320 --> 00:43:25,160 Speaker 1: all those who had known Iva during her time at 605 00:43:25,280 --> 00:43:30,560 Speaker 1: NHK quote will testify to facts which show that subject 606 00:43:30,640 --> 00:43:34,280 Speaker 1: was pro American, wished to return to the United States, 607 00:43:34,480 --> 00:43:37,719 Speaker 1: and tried to do so prior to Pearl Harbor attempted 608 00:43:37,800 --> 00:43:41,319 Speaker 1: unsuccessfully to return to the United States in nineteen forty two, 609 00:43:41,960 --> 00:43:45,920 Speaker 1: and beamed to American troops only the introduction to innocuous 610 00:43:46,000 --> 00:43:50,440 Speaker 1: music recordings. The evidence likewise will show that subject was 611 00:43:50,480 --> 00:43:54,319 Speaker 1: a trusted and selected agent of the Allied prisoners of war. 612 00:43:55,280 --> 00:43:59,640 Speaker 1: But now de Wolf delivered a scathing denunciation of this 613 00:43:59,760 --> 00:44:05,080 Speaker 1: same subject Iva to Gouri. He called her a quote 614 00:44:05,719 --> 00:44:09,040 Speaker 1: betrayer of her native land and a betrayer of her 615 00:44:09,120 --> 00:44:13,160 Speaker 1: government in time of need. He said she was a 616 00:44:13,320 --> 00:44:19,520 Speaker 1: female Benedict Arnold. Her trial, he told jurors should serve 617 00:44:19,640 --> 00:44:23,440 Speaker 1: as a warning to others that they cannot, in an 618 00:44:23,480 --> 00:44:27,839 Speaker 1: hour of great peril, adhere to the enemy with impunity. 619 00:44:29,280 --> 00:44:32,880 Speaker 1: With that, after two and a half months, the trial 620 00:44:32,960 --> 00:44:37,680 Speaker 1: concluded on September twenty sixth, Judge Roche instructed the jury. 621 00:44:38,320 --> 00:44:42,279 Speaker 1: Roche was exhausted, so tired that he had regularly been 622 00:44:42,320 --> 00:44:46,040 Speaker 1: observed nodding off during the defense case, but he pulled 623 00:44:46,040 --> 00:44:49,320 Speaker 1: together enough energy to read nearly fifty pages of instruction. 624 00:44:50,080 --> 00:44:53,399 Speaker 1: As Roche instructed the jury, the reporters in the back 625 00:44:53,440 --> 00:44:57,440 Speaker 1: of the courtroom took an informal poll amongst themselves. The 626 00:44:57,480 --> 00:45:00,000 Speaker 1: ten of them, who had watched nearly all of the tree, 627 00:45:01,040 --> 00:45:07,120 Speaker 1: voted nine to one that Iva would be acquitted. The 628 00:45:07,200 --> 00:45:10,719 Speaker 1: jury was sent to deliberate. The hours ticked by with 629 00:45:10,800 --> 00:45:14,280 Speaker 1: no result, and at eleven pm the jurors told Roche 630 00:45:14,280 --> 00:45:16,520 Speaker 1: they were going to pause for the night and resume 631 00:45:16,600 --> 00:45:19,960 Speaker 1: in the morning. They returned at nine am the next day, 632 00:45:20,080 --> 00:45:24,520 Speaker 1: September twenty seventh, and debated all day, periodically coming to 633 00:45:24,600 --> 00:45:27,799 Speaker 1: the courtroom to ask for copies of exhibits or transcripts 634 00:45:27,840 --> 00:45:31,680 Speaker 1: of testimonies. At ten oh four pm, the whole jury 635 00:45:31,680 --> 00:45:35,360 Speaker 1: came into the courtroom and jury foreman John Mann informed 636 00:45:35,440 --> 00:45:40,320 Speaker 1: Judge Roche, we cannot reach a unanimous verdict. Judge Roche 637 00:45:40,360 --> 00:45:43,640 Speaker 1: was not going to accept that answer. This is an 638 00:45:43,680 --> 00:45:47,760 Speaker 1: important case, he told jurors. The trial has been long 639 00:45:47,880 --> 00:45:52,239 Speaker 1: and expensive to both the prosecution and the defense. If 640 00:45:52,280 --> 00:45:55,160 Speaker 1: you should fail to agree on a verdict, the case 641 00:45:55,239 --> 00:45:59,279 Speaker 1: is left open and undecided. Like all cases, it must 642 00:45:59,320 --> 00:46:02,600 Speaker 1: be disposed of sometime. He told the jurors to return 643 00:46:02,640 --> 00:46:07,000 Speaker 1: the next morning and try again. A decision was not forthcoming. 644 00:46:07,640 --> 00:46:10,920 Speaker 1: The jurors spent all of September twenty eighth arguing, only 645 00:46:10,960 --> 00:46:14,920 Speaker 1: stopping at eight pm September twenty ninth was much the same, 646 00:46:15,560 --> 00:46:18,719 Speaker 1: but around five point thirty the jurors returned to the courtroom. 647 00:46:19,080 --> 00:46:23,760 Speaker 1: They wanted clarification on a portion of Roche's instructions. Roche 648 00:46:23,760 --> 00:46:28,319 Speaker 1: had said, quote acts of an apparently incriminating nature, when 649 00:46:28,440 --> 00:46:32,359 Speaker 1: judged in the light of related events, may turn out 650 00:46:32,400 --> 00:46:35,160 Speaker 1: to be acts which were not of aid and comfort 651 00:46:35,200 --> 00:46:38,800 Speaker 1: to the enemy. The jury wanted to know what related 652 00:46:38,920 --> 00:46:43,920 Speaker 1: events meant in this context. Roche basically refused to answer 653 00:46:43,920 --> 00:46:46,680 Speaker 1: the question, telling the jurors that they should not pay 654 00:46:46,680 --> 00:46:50,120 Speaker 1: attention to any specific part of the instructions, but instead 655 00:46:50,160 --> 00:46:53,040 Speaker 1: consider the instructions as a whole. Then he told the 656 00:46:53,120 --> 00:46:55,400 Speaker 1: jury that he was hungry, that it was time for 657 00:46:55,440 --> 00:46:58,160 Speaker 1: the dinner break, and that they should pause their deliberations 658 00:46:58,200 --> 00:47:00,799 Speaker 1: for the day. But the jury did not want to 659 00:47:00,840 --> 00:47:03,880 Speaker 1: have to start again in the morning. They wanted to 660 00:47:03,920 --> 00:47:08,320 Speaker 1: be done only thirty minutes later, after nearly four full 661 00:47:08,440 --> 00:47:12,160 Speaker 1: days of deliberation, the jury returned to the courtroom with 662 00:47:12,200 --> 00:47:16,040 Speaker 1: a verdict. In the case of the United States vi 663 00:47:16,160 --> 00:47:19,960 Speaker 1: Iva to Guri ta Quino on the charge of treason. 664 00:47:20,880 --> 00:47:29,800 Speaker 1: The defendant had been found guilty. Iva did not react 665 00:47:30,200 --> 00:47:33,480 Speaker 1: when she was found guilty of treason. She seemed to 666 00:47:33,520 --> 00:47:37,719 Speaker 1: be dazed. She turned to her lawyers and said, I 667 00:47:37,920 --> 00:47:41,840 Speaker 1: just can't believe it. The jury had found Iva not 668 00:47:42,000 --> 00:47:45,840 Speaker 1: guilty on seven of the eight counts of treason, but 669 00:47:45,920 --> 00:47:49,160 Speaker 1: they had found her guilty on the eighth, which charged 670 00:47:49,200 --> 00:47:54,160 Speaker 1: her with having broadcast this familiar phrase referenced by Mitsushio 671 00:47:54,480 --> 00:47:59,319 Speaker 1: and Oki and Lee quote orphans of the Pacific. You 672 00:47:59,360 --> 00:48:02,520 Speaker 1: are really or now how will you get home? Now 673 00:48:02,520 --> 00:48:05,840 Speaker 1: that your ships are sunk? The government was happy with 674 00:48:05,920 --> 00:48:10,240 Speaker 1: the outcome, with Tom de Wolf saying quote, the United 675 00:48:10,280 --> 00:48:13,759 Speaker 1: States feels that the verdict was a just one, but 676 00:48:13,880 --> 00:48:18,640 Speaker 1: many other people seemed unhappy with the verdict, including the jurors. 677 00:48:19,480 --> 00:48:23,840 Speaker 1: Speaking to the Associated Press, jury foreman John Mann said 678 00:48:23,840 --> 00:48:27,680 Speaker 1: that the jury had wanted to free Iva and quote, 679 00:48:28,000 --> 00:48:31,160 Speaker 1: if it had been possible under the judge's instructions, we 680 00:48:31,200 --> 00:48:34,320 Speaker 1: would have done it. The full picture of the jury 681 00:48:34,360 --> 00:48:39,640 Speaker 1: deliberations reveals just how much Judge Roach's actions influenced the verdict. 682 00:48:40,400 --> 00:48:43,279 Speaker 1: On the first ballot, the jurors had voted ten to 683 00:48:43,320 --> 00:48:48,120 Speaker 1: two to acquit on all charges. However, after further discussion 684 00:48:48,239 --> 00:48:50,680 Speaker 1: of whether or not Iva had intended to betray the 685 00:48:50,800 --> 00:48:55,080 Speaker 1: United States. The vote shifted to six to six by 686 00:48:55,080 --> 00:48:59,040 Speaker 1: the next day, after nearly twenty hours of deliberation. The 687 00:48:59,120 --> 00:49:03,040 Speaker 1: jury felt that they could not reach a unanimous verdict. However, 688 00:49:03,320 --> 00:49:06,239 Speaker 1: when they shared this position with Judge Roche, he did 689 00:49:06,239 --> 00:49:09,640 Speaker 1: not accept it. Instead, he gave them a lecture about 690 00:49:09,640 --> 00:49:12,920 Speaker 1: how expensive the trial had been, how it would have 691 00:49:13,000 --> 00:49:15,920 Speaker 1: to be decided sometime, and how the jurors ought to 692 00:49:16,000 --> 00:49:19,600 Speaker 1: keep working on the problem. This kind of instruction, in 693 00:49:19,640 --> 00:49:21,920 Speaker 1: which a judge tells a hung jury that they should 694 00:49:21,960 --> 00:49:25,440 Speaker 1: reach a verdict, is not uncommon. It is known as 695 00:49:25,440 --> 00:49:29,040 Speaker 1: an Allan charge after the eighteen ninety six Supreme Court 696 00:49:29,040 --> 00:49:33,120 Speaker 1: case that allowed for this type of instruction. Since that ruling, 697 00:49:33,480 --> 00:49:36,400 Speaker 1: states have come to different conclusions on whether or not 698 00:49:36,520 --> 00:49:40,040 Speaker 1: their courts will allow Allen charges, and if they will, 699 00:49:40,560 --> 00:49:44,960 Speaker 1: what language judges are allowed to use in issuing the charge. 700 00:49:45,000 --> 00:49:48,520 Speaker 1: The specific type of Allan charge that Judge Roche delivered 701 00:49:48,719 --> 00:49:52,640 Speaker 1: would likely not be allowed in California today. A nineteen 702 00:49:52,760 --> 00:49:57,760 Speaker 1: seventy seven California Supreme Court case People v. Gainer ruled 703 00:49:57,760 --> 00:50:01,360 Speaker 1: that it was improper for judges to discuss, among other things, 704 00:50:01,719 --> 00:50:06,759 Speaker 1: quote the expense or inconvenience of a retrial, or the 705 00:50:06,800 --> 00:50:11,080 Speaker 1: statement that the case must at some point be decided. Gaynor, 706 00:50:11,239 --> 00:50:14,760 Speaker 1: as well as numerous other cases across the country, ruled 707 00:50:14,800 --> 00:50:18,600 Speaker 1: that expense or inconvenience should be irrelevant to a jury's decision, 708 00:50:19,040 --> 00:50:22,040 Speaker 1: which should be based only on the evidence and arguments 709 00:50:22,080 --> 00:50:26,239 Speaker 1: presented in court. The idea that a case will inevitably 710 00:50:26,280 --> 00:50:30,319 Speaker 1: be decided, another argument Roche used with the jurors, is 711 00:50:30,320 --> 00:50:34,279 Speaker 1: prohibited under Gaynor because it is incorrect. The government may 712 00:50:34,320 --> 00:50:37,400 Speaker 1: at any point decide not to retry a case that 713 00:50:37,480 --> 00:50:40,720 Speaker 1: has ended in a mistrial. In a twenty twenty panel 714 00:50:40,800 --> 00:50:45,399 Speaker 1: on Iva's trial, US District Court Judge John Tiger said 715 00:50:45,400 --> 00:50:50,439 Speaker 1: the judge Roche's charge would today be considered unconstitutional. Though 716 00:50:50,520 --> 00:50:54,520 Speaker 1: Roche's behavior was allowable at the time, it certainly exerted 717 00:50:54,680 --> 00:50:58,960 Speaker 1: undue pressure on the jurors. After his charge, the jurors 718 00:50:59,000 --> 00:51:03,120 Speaker 1: reluctantly went by to work, though their deliberations assumed a 719 00:51:03,160 --> 00:51:06,960 Speaker 1: new tone. Instead of debating the facts of the case, 720 00:51:07,400 --> 00:51:11,719 Speaker 1: the discussions became more emotion based. The two jurors who 721 00:51:11,800 --> 00:51:18,359 Speaker 1: had originally favored conviction began appealing to the other jurors feelings. Imagine, 722 00:51:18,400 --> 00:51:22,720 Speaker 1: they said, being a lonely soldier on a remote Pacific island, 723 00:51:23,280 --> 00:51:26,760 Speaker 1: and hearing that your ships had been sunk, it would 724 00:51:26,760 --> 00:51:30,880 Speaker 1: be awful. This argument worked on many of the jurors, 725 00:51:31,440 --> 00:51:35,400 Speaker 1: who one by one switched their vote to convict. Roche's 726 00:51:35,400 --> 00:51:38,560 Speaker 1: final interaction with the jury also seems to have influenced 727 00:51:38,560 --> 00:51:42,440 Speaker 1: the verdict. By late evening on September twenty ninth, after 728 00:51:42,520 --> 00:51:47,120 Speaker 1: four days of deliberation, the jurors were exhausted. The current 729 00:51:47,200 --> 00:51:51,680 Speaker 1: vote was nine to three to convict. The three holdouts 730 00:51:51,680 --> 00:51:55,120 Speaker 1: were losing their will to push back they had begun 731 00:51:55,200 --> 00:51:59,120 Speaker 1: to feel Foreman John Mann later told reporter Catherine Pinkham 732 00:51:59,640 --> 00:52:03,120 Speaker 1: that by acquitting Iva, they would perhaps be seen as 733 00:52:03,160 --> 00:52:07,520 Speaker 1: traders themselves. But in a last ditch effort to strengthen 734 00:52:07,560 --> 00:52:11,080 Speaker 1: their resolve, Man sent a note to Roche asking for 735 00:52:11,160 --> 00:52:16,480 Speaker 1: clarification on the instructions. Roche chose not to explain himself 736 00:52:16,719 --> 00:52:20,719 Speaker 1: and simply told the jury to keep working. The holdouts, 737 00:52:20,800 --> 00:52:25,200 Speaker 1: Man said, gave up after that and reluctantly agreed to 738 00:52:25,320 --> 00:52:29,600 Speaker 1: vote to convict on one charge. Man had trouble living 739 00:52:29,640 --> 00:52:32,840 Speaker 1: with the decision and barely slept in the week between 740 00:52:32,880 --> 00:52:38,040 Speaker 1: the verdict and the sentencing. On October sixth, Judge Roche 741 00:52:38,080 --> 00:52:41,359 Speaker 1: sentenced Iva to ten years in prison and a ten 742 00:52:41,440 --> 00:52:46,000 Speaker 1: thousand dollars fine. This was a harsher sentence than most 743 00:52:46,040 --> 00:52:51,040 Speaker 1: people had expected. Roche's sentence may have been influenced by 744 00:52:51,040 --> 00:52:56,160 Speaker 1: his own feelings about the case. Reporter Catherine Pinkham, who 745 00:52:56,200 --> 00:52:59,759 Speaker 1: covered the trial, said that after the trial, Roche told 746 00:52:59,760 --> 00:53:03,080 Speaker 1: her that the emotional letter read aloud by one Gi 747 00:53:03,239 --> 00:53:07,719 Speaker 1: Marshall Hoot had convinced him that Iva was guilty. He 748 00:53:07,760 --> 00:53:11,360 Speaker 1: made other comments to Pinkham throughout the trial that indicated 749 00:53:11,360 --> 00:53:14,400 Speaker 1: that he thought Iva going to Japan in nineteen forty 750 00:53:14,400 --> 00:53:20,320 Speaker 1: one was suspicious. Five weeks later, on November fifteenth, Iva 751 00:53:20,360 --> 00:53:23,960 Speaker 1: boarded a train in Oakland, bound for the Federal Reformatory 752 00:53:24,040 --> 00:53:28,480 Speaker 1: for Women in Alderson, West Virginia. Iva was a model prisoner, 753 00:53:28,800 --> 00:53:31,719 Speaker 1: working in the prison infirmary and eventually training as a 754 00:53:31,760 --> 00:53:36,280 Speaker 1: laboratory assistant. Her lawyers filed constant appeals on her behalf, 755 00:53:36,760 --> 00:53:40,160 Speaker 1: but all were rejected. At the time of her sentencing, 756 00:53:40,480 --> 00:53:43,360 Speaker 1: most people expected that she would serve only three or 757 00:53:43,400 --> 00:53:47,680 Speaker 1: four years in prison. She served more than six. When 758 00:53:47,719 --> 00:53:51,160 Speaker 1: her early release was considered, a wave of negative press 759 00:53:51,239 --> 00:53:54,439 Speaker 1: condemned the idea of letting her out of prison. When 760 00:53:54,480 --> 00:53:58,600 Speaker 1: Iva was finally released on January twenty eighth, nineteen fifty 761 00:53:58,640 --> 00:54:02,239 Speaker 1: six of reporters showed up at the prison gates and 762 00:54:02,320 --> 00:54:06,560 Speaker 1: bombarded her with questions. When asked where she was going next, 763 00:54:06,880 --> 00:54:10,640 Speaker 1: Iva said, I really don't know. I'm going out into 764 00:54:10,680 --> 00:54:15,399 Speaker 1: the darkness. When asked if she maintained her innocence, Iva said, 765 00:54:16,160 --> 00:54:20,040 Speaker 1: the trial and the feelings then are past. I hate 766 00:54:20,040 --> 00:54:24,760 Speaker 1: to open up wounds. Unfortunately, she would have no choice 767 00:54:24,840 --> 00:54:28,000 Speaker 1: but to open those wounds because her battle was not 768 00:54:28,160 --> 00:54:32,759 Speaker 1: yet over. On March thirteenth, after Iva had settled into 769 00:54:32,760 --> 00:54:36,920 Speaker 1: her father, June's house in Chicago, the United States Immigration 770 00:54:37,160 --> 00:54:41,680 Speaker 1: and Naturalization Service announced that Iva had to voluntarily leave 771 00:54:41,719 --> 00:54:46,279 Speaker 1: the country within thirty days or else be subject to deportation. 772 00:54:47,040 --> 00:54:51,800 Speaker 1: After her conviction, Iva had lost her American citizenship. Now 773 00:54:52,080 --> 00:54:56,280 Speaker 1: the government was declaring her an undesirable person and trying 774 00:54:56,320 --> 00:55:00,480 Speaker 1: to deport her. Iva vowed to fight the decision. This 775 00:55:00,640 --> 00:55:03,680 Speaker 1: is my country, she said in a press conference. I 776 00:55:03,840 --> 00:55:07,520 Speaker 1: was born here, I belong here, am going to stay. 777 00:55:08,520 --> 00:55:12,280 Speaker 1: Wayne Collins once again stood by her side, even moving 778 00:55:12,320 --> 00:55:14,960 Speaker 1: Iva into his San Francisco home so that they could 779 00:55:15,040 --> 00:55:18,239 Speaker 1: fight the case more efficiently. It would be more than 780 00:55:18,280 --> 00:55:22,320 Speaker 1: two years before the matter was resolved. In July nineteen 781 00:55:22,360 --> 00:55:25,680 Speaker 1: fifty eight, the I n S canceled the deportation order, 782 00:55:26,320 --> 00:55:28,839 Speaker 1: saying that they had nowhere to deport her to since 783 00:55:28,840 --> 00:55:32,919 Speaker 1: she held no other citizenship. Additionally, a recent Supreme Court 784 00:55:33,000 --> 00:55:37,400 Speaker 1: ruling about convictions, citizenship and deportation had been interpreted to 785 00:55:37,440 --> 00:55:41,320 Speaker 1: mean that Iva was not deportable. However, I have a 786 00:55:41,400 --> 00:55:45,880 Speaker 1: citizenship was not restored. She was declared a stateless person. 787 00:55:46,840 --> 00:55:49,959 Speaker 1: This meant that she could not get a passport, which 788 00:55:49,960 --> 00:55:56,920 Speaker 1: had one major consequence. She could not see Felipe, her husband. Felippe, 789 00:55:57,080 --> 00:56:00,640 Speaker 1: a Portuguese citizen living in Japan, had come to America 790 00:56:00,680 --> 00:56:05,320 Speaker 1: to testify at her trial. Upon his arrival, the government 791 00:56:05,400 --> 00:56:08,200 Speaker 1: had forced him to sign a document stating that he 792 00:56:08,200 --> 00:56:12,200 Speaker 1: would not set foot on American soil again in exchange 793 00:56:12,239 --> 00:56:16,919 Speaker 1: for being allowed to testify. Without a passport, Iva could 794 00:56:16,960 --> 00:56:21,160 Speaker 1: not visit him in Japan. Felipe and Iva would never 795 00:56:21,239 --> 00:56:25,880 Speaker 1: see each other again. For years, Iva lived in relative 796 00:56:25,920 --> 00:56:30,000 Speaker 1: anonymity in Chicago, working as a clerk in her father's store, 797 00:56:30,800 --> 00:56:34,000 Speaker 1: but every time a news article about Tokyo Rose cropped up, 798 00:56:34,520 --> 00:56:38,800 Speaker 1: she would be inundated with hate mail and threatening phone calls. 799 00:56:39,400 --> 00:56:43,239 Speaker 1: In nineteen sixty nine, TV journalist Bill Curtis, who is 800 00:56:43,280 --> 00:56:47,239 Speaker 1: now the announcer on NPR's Weightwait Don't Tell Me, befriended 801 00:56:47,239 --> 00:56:50,720 Speaker 1: Iva and convinced her to tell her story one more time. 802 00:56:51,760 --> 00:56:56,839 Speaker 1: Curtis's resulting program was sympathetic and thoughtful, but it did 803 00:56:56,840 --> 00:57:04,000 Speaker 1: not have a big enough reach to change Iva's national reputation. However, 804 00:57:04,600 --> 00:57:09,200 Speaker 1: in the mid nineteen seventies, public opinion began to change. 805 00:57:10,560 --> 00:57:16,240 Speaker 1: During Iva's trial, Japanese American community organizations had distanced themselves 806 00:57:16,240 --> 00:57:20,000 Speaker 1: from her, afraid of being accused of supporting a traitor, 807 00:57:21,040 --> 00:57:25,160 Speaker 1: but his anti Japanese sentiment cooled somewhat in the intervening decades. 808 00:57:25,760 --> 00:57:30,640 Speaker 1: The Japanese American Citizens League, or JACL, took a new 809 00:57:30,680 --> 00:57:35,480 Speaker 1: look at her case. In nineteen seventy four, the JACL 810 00:57:35,680 --> 00:57:38,680 Speaker 1: sent a formal letter of apology to the Tagouri family 811 00:57:39,400 --> 00:57:44,000 Speaker 1: and promised to help advocate for Iva's exoneration. In September 812 00:57:44,080 --> 00:57:49,000 Speaker 1: nineteen seventy five, the JACL published a booklet entitled Iva 813 00:57:49,040 --> 00:57:53,720 Speaker 1: Taguri Daikino, Victim of a Legend, which told Iva's story. 814 00:57:54,720 --> 00:57:58,680 Speaker 1: The booklet declared that Iva was quote a victim of 815 00:57:58,720 --> 00:58:03,520 Speaker 1: a World War II fantasy, a powerful and persistent legend 816 00:58:03,720 --> 00:58:07,520 Speaker 1: that continues to plague her today some thirty years later. 817 00:58:08,760 --> 00:58:13,040 Speaker 1: Six months later, in March nineteen seventy six, Ronald Yeates 818 00:58:13,080 --> 00:58:16,880 Speaker 1: published his bombshell exposee of the prosecution's witnesses in the 819 00:58:16,920 --> 00:58:21,880 Speaker 1: Chicago Tribune. His article revealed that many of these witnesses, 820 00:58:21,920 --> 00:58:26,520 Speaker 1: including George Mitsushio and Kinkicheoki, had been pressured by the 821 00:58:26,520 --> 00:58:31,360 Speaker 1: government until lying on the stand. Since Iva's release from prison, 822 00:58:31,960 --> 00:58:36,880 Speaker 1: her lawyers had petitioned for Iva to receive a presidential pardon. Now, 823 00:58:37,160 --> 00:58:41,720 Speaker 1: momentum for the pardon grew. The California State Assembly and 824 00:58:41,840 --> 00:58:47,840 Speaker 1: State Senate passed resolutions supporting her pardon. Veterans associations supported 825 00:58:47,840 --> 00:58:52,040 Speaker 1: the movement, and the press, who had spent years condemning Iva, 826 00:58:52,560 --> 00:58:56,880 Speaker 1: now took up her cause. On the morning of January nineteenth, 827 00:58:57,040 --> 00:59:00,560 Speaker 1: nineteen seventy seven, the day before he was due to 828 00:59:00,640 --> 00:59:06,080 Speaker 1: leave office, President Gerald Ford signed the necessary documentation. The 829 00:59:06,240 --> 00:59:09,440 Speaker 1: Justice Department announced that Iva had received a full and 830 00:59:09,600 --> 00:59:14,080 Speaker 1: unconditional pardon. As a result, she could once again be 831 00:59:14,160 --> 00:59:20,720 Speaker 1: a United States citizen. Iva was delighted. Unfortunately, the pardon 832 00:59:20,800 --> 00:59:23,720 Speaker 1: came too late for some of her closest supporters to 833 00:59:23,760 --> 00:59:28,640 Speaker 1: celebrate alongside her. Her beloved father, June, had died in 834 00:59:28,720 --> 00:59:32,800 Speaker 1: nineteen seventy two at age ninety. He had left his 835 00:59:32,920 --> 00:59:36,520 Speaker 1: daughter a final gift, though she had begged him not to. 836 00:59:37,280 --> 00:59:39,960 Speaker 1: He had stipulated in his will that his estate be 837 00:59:40,120 --> 00:59:43,080 Speaker 1: used to pay the remains of the ten thousand dollars 838 00:59:43,080 --> 00:59:47,920 Speaker 1: fine that Roche had sentenced Iva to pay. A year later, 839 00:59:48,360 --> 00:59:51,520 Speaker 1: her lawyer, Theodore Tamba, died of a heart attack age 840 00:59:51,560 --> 00:59:55,880 Speaker 1: seventy two, and a year after that, Wayne Collins died 841 00:59:55,960 --> 01:00:00,760 Speaker 1: suddenly on a flight age seventy four. His son, Wayne 842 01:00:00,800 --> 01:00:04,120 Speaker 1: Collins Junior, who had first met Iva as a child 843 01:00:04,280 --> 01:00:06,880 Speaker 1: while she lived in his home during her deportation fight, 844 01:00:07,560 --> 01:00:12,120 Speaker 1: took over her case. Reflecting on her ordeal to historian 845 01:00:12,200 --> 01:00:17,280 Speaker 1: Messiah Duce in the late seventies, Iva was remarkably gracious. 846 01:00:18,080 --> 01:00:21,080 Speaker 1: I have no regret, she said, and I don't hate 847 01:00:21,080 --> 01:00:25,840 Speaker 1: anyone for what happened. Personally, I have a hard time 848 01:00:25,880 --> 01:00:30,120 Speaker 1: being so generous. I try to stay reasonably objective while 849 01:00:30,160 --> 01:00:34,160 Speaker 1: researching these cases, but I hope you'll understand why I 850 01:00:34,200 --> 01:00:38,160 Speaker 1: had a hard time maintaining distance while learning about Iva's story, 851 01:00:39,120 --> 01:00:43,400 Speaker 1: at times while reading about the constant persecution that Iva endured, 852 01:00:44,120 --> 01:00:47,680 Speaker 1: seeing again and again the way that the government abused 853 01:00:47,720 --> 01:00:53,200 Speaker 1: its power, twisted evidence, and subverted justice, all in a 854 01:00:53,280 --> 01:00:58,000 Speaker 1: misguided attempt to satisfy public pressure. I was overwhelmed by 855 01:00:58,120 --> 01:01:02,840 Speaker 1: rage and grief. At every step of the way. There 856 01:01:02,880 --> 01:01:06,200 Speaker 1: were people who knew that what was happening was wrong. 857 01:01:07,320 --> 01:01:11,680 Speaker 1: The military investigators who held Iva without charge or access 858 01:01:11,720 --> 01:01:15,400 Speaker 1: to a lawyer in nineteen forty six found no evidence 859 01:01:15,440 --> 01:01:20,600 Speaker 1: against her. The lead FBI agent in Iva's investigation, Frederick Tillman, 860 01:01:21,280 --> 01:01:26,360 Speaker 1: discovered that Harry Brundage bribed a witness. The prosecutors, Frank 861 01:01:26,400 --> 01:01:30,040 Speaker 1: Hennessy and Tom de Wolf, both believed that there was 862 01:01:30,080 --> 01:01:34,240 Speaker 1: not enough evidence to bring the case to trial. Multiple 863 01:01:34,280 --> 01:01:39,160 Speaker 1: witnesses chose to lie out of fear. At many points. 864 01:01:39,520 --> 01:01:44,760 Speaker 1: As this unjust campaign against Iva continued, any number of 865 01:01:44,800 --> 01:01:48,160 Speaker 1: people could have stepped up and tried to stop it, 866 01:01:49,160 --> 01:01:52,120 Speaker 1: but none of them did. I don't want to portray 867 01:01:52,240 --> 01:01:57,320 Speaker 1: Iva as a perfect person. She, like all people, was complicated. 868 01:01:58,320 --> 01:02:03,160 Speaker 1: She was naive, naive about her role at NHK, naive 869 01:02:03,200 --> 01:02:05,960 Speaker 1: about the way others might view her work, or how 870 01:02:06,000 --> 01:02:10,320 Speaker 1: that work might impact people naive about the potential downsides 871 01:02:10,360 --> 01:02:14,000 Speaker 1: of press attention. But it's hard to compare the sin 872 01:02:14,120 --> 01:02:18,760 Speaker 1: of naivete to the sin of pursuing a prosecution based 873 01:02:18,880 --> 01:02:26,200 Speaker 1: on perjured and coerced testimony. Ivo was pardoned, yes, but 874 01:02:26,240 --> 01:02:30,600 Speaker 1: a pardon is not an exoneration. The government has never 875 01:02:30,720 --> 01:02:34,840 Speaker 1: said that Iva's case was a miscarriage of justice. They 876 01:02:34,840 --> 01:02:39,440 Speaker 1: have never declared her innocent, though no evidence has ever 877 01:02:39,520 --> 01:02:43,840 Speaker 1: been found to show that she was guilty. The FBI, 878 01:02:44,160 --> 01:02:48,800 Speaker 1: whose investigation of Ivo was instrumental in her prosecution, maintains 879 01:02:48,800 --> 01:02:51,840 Speaker 1: a web page about her case which makes no mention 880 01:02:52,040 --> 01:02:57,080 Speaker 1: of the coercet testimony and describes her as quote voluntarily 881 01:02:57,240 --> 01:03:01,120 Speaker 1: staying in Japan during the war. As many of those 882 01:03:01,160 --> 01:03:05,640 Speaker 1: who knew Iva personally remarked, one of the grimmest ironies 883 01:03:05,680 --> 01:03:10,440 Speaker 1: of the case is how faithfully Iva loved the United States. 884 01:03:11,520 --> 01:03:15,080 Speaker 1: One of her NHK colleagues, who had testified against her, 885 01:03:15,640 --> 01:03:20,480 Speaker 1: told Ronald Yates quote, it was that flare for patriotism 886 01:03:21,040 --> 01:03:26,480 Speaker 1: that proved to be her downfall. As Wayne Collins put it, 887 01:03:26,480 --> 01:03:29,800 Speaker 1: it can truly be said that the United States government 888 01:03:29,960 --> 01:03:34,800 Speaker 1: abandoned and betrayed her rights, but she did not abandon 889 01:03:35,080 --> 01:03:42,440 Speaker 1: the United States. Fortunately, another group of patriots did eventually 890 01:03:42,480 --> 01:03:48,080 Speaker 1: recognize Iva's service. In January two thousand and six, the 891 01:03:48,160 --> 01:03:53,280 Speaker 1: American Veterans Center's World War II Veterans Committee presented eighty 892 01:03:53,360 --> 01:03:58,120 Speaker 1: nine year old Iva with its Edward J. Hurlihy Citizenship Award. 893 01:03:59,320 --> 01:04:02,760 Speaker 1: Ronald Yates, the Chicago Tribune reporter who had done so 894 01:04:02,920 --> 01:04:07,600 Speaker 1: much to clear Iva's name, accompanied her to receive the award. 895 01:04:08,280 --> 01:04:12,240 Speaker 1: Iva told Yates that this day, where her steadfast support 896 01:04:12,320 --> 01:04:16,720 Speaker 1: for the United States was finally recognized, was the most 897 01:04:16,720 --> 01:04:21,160 Speaker 1: memorable day of her life. Two months later, on September 898 01:04:21,200 --> 01:04:26,320 Speaker 1: twenty sixth, two thousand and six, Iva Toguri Daquino passed away, 899 01:04:27,080 --> 01:04:32,680 Speaker 1: aged ninety. Though Iva acknowledged the damage caused by her trial, 900 01:04:33,440 --> 01:04:37,880 Speaker 1: telling Messiah Deuce quote, my life has been very lonely. 901 01:04:38,560 --> 01:04:41,080 Speaker 1: They robbed me of the most important part of it. 902 01:04:42,120 --> 01:04:45,400 Speaker 1: She tried to focus on the future, not the past. 903 01:04:46,520 --> 01:04:49,240 Speaker 1: You can either sit in a room and feel sorry 904 01:04:49,280 --> 01:04:53,360 Speaker 1: for yourself, or you can go outside and look ahead. 905 01:04:54,280 --> 01:04:59,240 Speaker 1: I've tried to look ahead, she said. Her attitude is 906 01:04:59,280 --> 01:05:03,960 Speaker 1: a beautiful and admirable one. But her story also reminds 907 01:05:04,000 --> 01:05:07,800 Speaker 1: us of the importance of looking back and learning about 908 01:05:07,840 --> 01:05:12,760 Speaker 1: the past. Stories like Iva's, as heartbreaking as they are, 909 01:05:13,720 --> 01:05:17,840 Speaker 1: are crucial components of American history, and we should not 910 01:05:17,920 --> 01:05:22,320 Speaker 1: forget them. Thank you for listening to History on Trial. 911 01:05:23,120 --> 01:05:26,240 Speaker 1: My main sources for this episode were Messiah Duce's book 912 01:05:26,440 --> 01:05:31,200 Speaker 1: Tokyo Rose Orphan of the Pacific and Yasuhide Kawashima's book 913 01:05:31,360 --> 01:05:35,600 Speaker 1: The Tokyo Rose Case. Treason on Trial Special Thanks to 914 01:05:35,680 --> 01:05:39,640 Speaker 1: the Gerald R. Ford Presidential Library for providing me with 915 01:05:39,680 --> 01:05:42,960 Speaker 1: a copy of Tom de Wolf's May nineteen forty eight memo, 916 01:05:43,720 --> 01:05:47,280 Speaker 1: and to Dion and Hugo Hagen for Japanese language assistance. 917 01:05:48,040 --> 01:05:50,680 Speaker 1: For a full bibliography, as well as a transcript of 918 01:05:50,680 --> 01:05:55,080 Speaker 1: this episode with citations, please visit our website History on 919 01:05:55,200 --> 01:06:02,000 Speaker 1: Trial podcast dot com. T is written and hosted by 920 01:06:02,040 --> 01:06:05,840 Speaker 1: me Mira Hayward. The show is edited and produced by 921 01:06:05,920 --> 01:06:10,240 Speaker 1: Jesse Funk, with supervising producer Trevor Young and executive producers 922 01:06:10,360 --> 01:06:15,840 Speaker 1: Dana Schwartz, Alexander Williams, Matt Frederick, and Mira Hayward. Learn 923 01:06:15,880 --> 01:06:19,320 Speaker 1: more about the show at History on Trial podcast dot 924 01:06:19,360 --> 01:06:23,160 Speaker 1: com and follow us on Instagram. At History on Trial 925 01:06:23,600 --> 01:06:28,439 Speaker 1: and on Twitter at Underscore History on Trial. Find more 926 01:06:28,480 --> 01:06:33,560 Speaker 1: podcasts from iHeartRadio by visiting the iHeartRadio app, Apple Podcasts, 927 01:06:33,920 --> 01:06:35,960 Speaker 1: or wherever you listen to your favorite shows.