WEBVTT - The Trial of Tokyo Rose: Part Two 0:00:01.040 --> 0:00:06.160 You're listening to History on Trial, a production of iHeart Podcasts. 0:00:06.720 --> 0:00:11.640 Listener Discretion Advised, Hello, History on Trial listeners. This is 0:00:11.680 --> 0:00:14.400 the second part of a two episode series on the 0:00:14.440 --> 0:00:19.280 case of Iva Toguri da Kino. In today's episode will 0:00:19.360 --> 0:00:22.800 cover the trial and its aftermath. If you haven't listened 0:00:22.840 --> 0:00:26.760 to part one yet, I strongly recommend starting there to 0:00:26.800 --> 0:00:31.240 hear the full story. A brief reminder of what we 0:00:31.320 --> 0:00:35.560 covered in the last episode. Iva Taguri was the American 0:00:35.640 --> 0:00:39.720 born and raised daughter of two Japanese immigrants. In the 0:00:39.720 --> 0:00:43.120 summer of nineteen forty one, the then twenty five year 0:00:43.120 --> 0:00:46.040 old Iva traveled to Japan to visit her sick aunt. 0:00:47.200 --> 0:00:50.920 Five months later, the Japanese attacked Pearl Harbor and the 0:00:51.040 --> 0:00:55.960 United States declared war on Japan. Iva tried desperately to 0:00:56.000 --> 0:01:00.400 get home, but was stymied by multiple obstacles, including a 0:01:00.440 --> 0:01:04.240 lack of money and obstruction by the State Department, who 0:01:04.360 --> 0:01:09.200 questioned her citizenship status. Despite Iva having lived her whole 0:01:09.200 --> 0:01:14.360 life in southern California. Stuck abroad, Iva took on part 0:01:14.400 --> 0:01:17.760 time work, including a job as a typist at the 0:01:17.880 --> 0:01:24.600 Japanese Broadcasting Corporation or NHK. At NHK, she met several 0:01:24.640 --> 0:01:27.679 Allied prisoners of war who had been forced to work 0:01:27.680 --> 0:01:32.560 on a Japanese propaganda radio program called Zero Hour. The 0:01:32.640 --> 0:01:36.559 men were trying to secretly sabotage Zero Hour by filling 0:01:36.560 --> 0:01:41.559 it with music and fun banter. Eventually, the POWs asked 0:01:41.600 --> 0:01:45.280 Iva to join the program as an announcer, both because 0:01:45.319 --> 0:01:48.840 they knew she would support their sabotage agenda and also 0:01:48.960 --> 0:01:52.280 because she had an unappealing voice which would make for 0:01:52.440 --> 0:01:57.280 entertaining broadcasts. Iva agreed and began working on the program 0:01:57.280 --> 0:02:01.440 in late nineteen forty three. When her Japanese military bosses 0:02:01.480 --> 0:02:05.000 assumed more control of the program and changed its tone, 0:02:05.160 --> 0:02:08.080 Iva tried to quit, but was told she could not. 0:02:09.400 --> 0:02:13.880 Conditions in wartime Japan were extremely difficult, and Iva lived 0:02:13.880 --> 0:02:18.040 in near starvation. One bright spot of this dark period 0:02:18.320 --> 0:02:21.560 was her marriage to Felipe Daquino, a man who she 0:02:21.600 --> 0:02:24.160 had met at one of her jobs and who shared 0:02:24.160 --> 0:02:29.120 her pro American stance. In the meantime, Iva's family in 0:02:29.160 --> 0:02:33.880 America was incarcerated, along with approximately one hundred thousand other 0:02:33.960 --> 0:02:39.040 Japanese Americans in camps established by the federal government. The 0:02:39.120 --> 0:02:44.120 terrible conditions at the Camps killed her mother Fumi. After 0:02:44.160 --> 0:02:47.640 the war's end, reporters identified Iva as one of the 0:02:47.720 --> 0:02:52.320 English speaking female broadcasters who had become legendary to American 0:02:52.400 --> 0:02:56.799 gis in the Pacific under the collective nickname Tokyo Rose. 0:02:57.840 --> 0:03:01.920 Iva's role as a Tokyo Rose sparked an investigation by 0:03:01.960 --> 0:03:05.040 the U. S Military and the Department of Justice into 0:03:05.080 --> 0:03:09.560 whether she had committed treason. Iva was arrested and held 0:03:09.600 --> 0:03:14.400 in prison for a year without access to a lawyer. Ultimately, 0:03:14.720 --> 0:03:17.800 both the military and the DOJ concluded that there was 0:03:17.840 --> 0:03:22.440 no evidence of treason and released her. However, when Iva 0:03:22.440 --> 0:03:25.800 and Felipe tried to return to America in nineteen forty seven, 0:03:26.560 --> 0:03:29.720 the press started a crusade against her and called for 0:03:29.800 --> 0:03:33.920 her to be prosecuted. Succumbing to public and political pressure, 0:03:34.400 --> 0:03:38.000 the Department of Justice reopened the case against Iva and 0:03:38.160 --> 0:03:42.040 arrested her in September nineteen forty eight. Iva was brought 0:03:42.080 --> 0:03:45.960 to San Francisco and charged with eight overt acts of treason. 0:03:46.880 --> 0:03:52.920 Despite these extremely difficult circumstances, Iva was optimistic. A prominent 0:03:53.000 --> 0:03:56.680 civil rights attorney, Wayne Collins, agreed to take her case 0:03:56.720 --> 0:03:59.600 for free, and she was able to reunite with her 0:03:59.640 --> 0:04:04.360 family in America. Iva believed that the trial would establish 0:04:04.360 --> 0:04:09.280 her innocence. She believed that the justice system would operate fairly, 0:04:10.200 --> 0:04:14.279 but as she would soon learn, the prosecution wasn't interested 0:04:14.360 --> 0:04:21.080 in fairness or even in following the rules. Welcome to 0:04:21.200 --> 0:04:26.119 History on Trial. I'm your host, Mira Hayward this week 0:04:26.480 --> 0:04:34.040 the United States vi Iva Toguri Taquino. Treason is the 0:04:34.080 --> 0:04:39.880 only crime explicitly defined in the Constitution. When defining the crime, 0:04:40.240 --> 0:04:44.799 the Constitution's framers were very careful with their words. In England, 0:04:45.040 --> 0:04:48.000 treason law had frequently been abused by the government to 0:04:48.080 --> 0:04:52.320 persecute political enemies, and the new American government wanted to 0:04:52.360 --> 0:04:56.600 prevent the same abuses from occurring in the United States. However, 0:04:56.920 --> 0:04:59.160 they also wanted to make it clear that betraying the 0:04:59.200 --> 0:05:03.159 government was a crime. The phrasing they settled on, as 0:05:03.200 --> 0:05:08.640 recorded an Article three, Section three, Clause one is quote. 0:05:09.200 --> 0:05:13.600 Treason against the United States shall consist only in levying 0:05:13.680 --> 0:05:17.800 war against them, or in adhering to their enemies giving 0:05:17.800 --> 0:05:21.880 them aid and comfort. No person shall be convicted of 0:05:21.880 --> 0:05:25.599 treason in less on the testimony of two witnesses to 0:05:25.680 --> 0:05:29.640 the same overt act or on confession in open court. 0:05:30.360 --> 0:05:33.599 The grand jury charged Iva with eight acts of treason 0:05:34.360 --> 0:05:39.120 with quote treasonable intent and for the purpose of, and 0:05:39.200 --> 0:05:42.640 with the intent in her to adhere and give aid 0:05:42.760 --> 0:05:47.279 and comfort to the Imperial Japanese government. The charges all 0:05:47.320 --> 0:05:52.120 regarded specific allegations, not just that Iva was a radio broadcaster, 0:05:52.760 --> 0:05:55.920 but that she had done specific actions while in this role, 0:05:56.720 --> 0:06:01.080 including making certain statements such as one regarding the loss 0:06:01.080 --> 0:06:05.760 of American ships. Though the acts themselves were specific, the 0:06:05.839 --> 0:06:09.640 details ended there. The charges did not have exact dates 0:06:09.680 --> 0:06:14.680 for the acts, simply giving date ranges instead. Once the 0:06:14.760 --> 0:06:19.800 charges were brought, Iva's lawyer, Wayne Collins, got busy. He 0:06:19.880 --> 0:06:23.680 added two more lawyers, Theodore Tamba and George Olshausen, to 0:06:23.720 --> 0:06:28.359 the defense team. Like Collins, Tamba and Olshausen agreed to 0:06:28.400 --> 0:06:32.839 work for free. On March first, nineteen forty nine, the 0:06:32.880 --> 0:06:36.520 defense petitioned the government that forty three witnesses living abroad 0:06:36.680 --> 0:06:40.000 be subpoenaed and brought at government expense to testify in 0:06:40.040 --> 0:06:44.640 the trial. The government refused to issue the subpoenas, claiming 0:06:44.680 --> 0:06:47.920 that it could not issue subpoenas for residents of foreign countries. 0:06:48.640 --> 0:06:51.520 This may have applied to some of the witnesses, but 0:06:51.640 --> 0:06:54.760 many of the subpoenas the defense had requested were four 0:06:54.800 --> 0:06:59.680 American citizens only temporarily residing in Japan. In an earlier 0:06:59.680 --> 0:07:04.159 treat trial for Mildred Gillers, an American radio broadcaster for 0:07:04.200 --> 0:07:07.440 the Nazis, the government had agreed to pay to bring 0:07:07.520 --> 0:07:13.400 defense witnesses from Germany, but in Iva's case they refused. However, 0:07:13.640 --> 0:07:16.600 the government did agree to provide limited funds for a 0:07:16.600 --> 0:07:20.840 defense lawyer to travel to Japan and collect depositions. The 0:07:20.880 --> 0:07:24.200 funds allocated were so limited that they did not cover 0:07:24.280 --> 0:07:28.800 a translator. June to Guri, Iva's father agreed to cover 0:07:28.880 --> 0:07:32.240 this cost, as he would many of the trial costs, 0:07:32.760 --> 0:07:35.840 eventually having to take out loans to cover the expenses. 0:07:38.160 --> 0:07:41.600 In late March, defense attorney Theodore Tamba traveled to Japan 0:07:41.680 --> 0:07:46.400 to seek out witnesses. Once there, he quickly ran into obstacles. 0:07:47.520 --> 0:07:51.000 When the defense had submitted their request for forty three subpoenas, 0:07:51.680 --> 0:07:55.200 the Justice Department had immediately sent the witness list over 0:07:55.240 --> 0:07:59.080 to the military headquarters in Tokyo, which had then dispatched 0:07:59.160 --> 0:08:03.160 an FBIA to speak to all of these witnesses first, 0:08:04.000 --> 0:08:08.360 when Tamba, his translator, and No Story, a representative of 0:08:08.400 --> 0:08:11.160 the Attorney General's Office who was there to perform costs 0:08:11.200 --> 0:08:15.320 examinations of the witnesses, tried to speak to witnesses. They 0:08:15.360 --> 0:08:20.280 found that many were too frightened to speak. Tomba later said, quote, 0:08:20.960 --> 0:08:24.280 they appeared to mister Story and to me to be 0:08:24.520 --> 0:08:29.040 genuinely frightened of our troops and occupied Japan. A number 0:08:29.040 --> 0:08:31.440 of them had been led to believe that if they 0:08:31.560 --> 0:08:36.200 testified against Missus Daquino, they could avoid being charged and 0:08:36.280 --> 0:08:40.600 put on trial for their own admitted treasonable utterances and conduct. 0:08:41.520 --> 0:08:44.240 Tamba and his translator struggled to get through to these 0:08:44.240 --> 0:08:47.280 witnesses and ended up having to stay in Japan for 0:08:47.320 --> 0:08:51.920 an additional month, at further cost to June Tagouri. This 0:08:52.080 --> 0:08:55.880 resulted in a delay of the trial. The prosecution, on 0:08:55.920 --> 0:09:00.280 the other hand, had no shortage of resources. They made 0:09:00.320 --> 0:09:04.520 for nineteen witnesses to travel from Japan. The government offered 0:09:04.559 --> 0:09:08.840 witnesses ten dollars a day, or around three thousand, three 0:09:08.920 --> 0:09:13.000 hundred yen, more than the monthly salary of the average 0:09:13.080 --> 0:09:17.520 Japanese university graduate at the time. Several of these witnesses 0:09:17.720 --> 0:09:20.320 saved enough during the trial that they were able to 0:09:20.320 --> 0:09:24.600 start businesses upon their return to Japan. Despite the wealth 0:09:24.679 --> 0:09:30.880 of witnesses, time, and money, the prosecutors still had concerns, namely, 0:09:31.360 --> 0:09:33.840 they did not believe that they had a compelling case. 0:09:35.280 --> 0:09:38.880 Frank J. Hennessy, the United States Attorney for the Northern 0:09:38.880 --> 0:09:43.120 District of California, was originally the only prosecutor assigned to 0:09:43.120 --> 0:09:47.800 the case. After Hennessy reviewed the case, however, he recommended 0:09:47.800 --> 0:09:51.480 to Attorney General Tom Clark that the charges be dropped 0:09:51.520 --> 0:09:55.760 for lack of evidence. The Justice Department, instead of following 0:09:55.800 --> 0:10:00.360 Hennessy's recommendation, assigned him a partner, Tom de Wolfe, an 0:10:00.360 --> 0:10:04.160 Assistant Attorney General who specialized in trees and cases. But, 0:10:04.360 --> 0:10:08.520 like Hennessy, d wolf had concerns. He had run the 0:10:08.559 --> 0:10:12.520 grand jury that charged Iva back in October and privately 0:10:12.559 --> 0:10:16.360 admitted shortly after that he had pressured the jurors to indict. 0:10:17.120 --> 0:10:19.920 He wrote to a colleague about how he had promised 0:10:19.960 --> 0:10:23.959 that other American broadcasters would be tried for treason despite 0:10:23.960 --> 0:10:27.280 there being no plan to do so. If the above 0:10:27.360 --> 0:10:30.560 action had not been taken by me, De wolf wrote, 0:10:30.760 --> 0:10:33.600 I believe the grand jury would have returned a no 0:10:33.920 --> 0:10:38.040 true bill against Missus Daquino. In other words, they wouldn't 0:10:38.080 --> 0:10:41.760 have charged her. D Wolfe's doubts about the case were 0:10:41.880 --> 0:10:46.400 long standing. In May nineteen forty eight, he had written 0:10:46.440 --> 0:10:49.600 a strongly worded memo to a colleague in which he 0:10:49.640 --> 0:10:54.120 concluded that quote there is no evidence upon which a 0:10:54.160 --> 0:10:58.199 reasonable mind might fairly conclude guilt beyond a reasonable doubt. 0:10:59.400 --> 0:11:03.240 Despite their concerns, Hennessy and a wolf continued with the 0:11:03.280 --> 0:11:08.080 prosecution under orders from Attorney General Tom Clark. The prosecution 0:11:08.200 --> 0:11:11.280 team was rounded out by James Knapp and John Hogan. 0:11:12.320 --> 0:11:16.520 On July fifth, nineteen forty nine, at ten am, Judge 0:11:16.520 --> 0:11:20.160 Michael Roche, chief Judge of the United States District Court 0:11:20.200 --> 0:11:25.040 of Northern California, began the proceedings for jury selection. Iva 0:11:25.120 --> 0:11:29.600 sat beside her lawyers, pale and drawn. She had endured 0:11:29.640 --> 0:11:33.760 the traumatic stillbirth of her first child only eighteen months earlier, 0:11:34.200 --> 0:11:38.600 and now suffered from recurring dysentery. Her shoulder length black 0:11:38.640 --> 0:11:41.760 hair was held back by a headband, and she wore 0:11:41.800 --> 0:11:45.200 a modest plaid suit that she had owned for years. 0:11:45.640 --> 0:11:48.080 She would wear the suit every day of the trial. 0:11:49.160 --> 0:11:52.760 Jury selection went quickly. The defense team tried to screen 0:11:52.880 --> 0:11:58.000 jurors for prejudiced attitudes towards Japanese Americans. The prosecution team, 0:11:58.040 --> 0:12:02.000 on the other hand, screened uors by race using their 0:12:02.000 --> 0:12:06.400 peremptory challenges, challenges that do not require an explanation on 0:12:06.600 --> 0:12:10.360 every non white juror. The practice of being able to 0:12:10.400 --> 0:12:14.960 remove jurors of certain races using peremptory challenges was only 0:12:15.000 --> 0:12:18.800 stopped by a nineteen eighty six Supreme Court case bats 0:12:18.840 --> 0:12:21.880 In v. Kentucky, though it is often hard to prove 0:12:21.920 --> 0:12:26.520 that challenges were racially motivated. In the end, Iva's jury 0:12:26.600 --> 0:12:30.720 was entirely white and consisted of six men and six women. 0:12:31.920 --> 0:12:34.920 Tom de Wolfe delivered the opening statement for the prosecution 0:12:35.240 --> 0:12:38.640 the next day. He told jurors that Iva had stayed 0:12:38.679 --> 0:12:42.160 in Japan voluntarily and that she had participated in the 0:12:42.200 --> 0:12:49.640 broadcasts enthusiastically despite knowing that they were quote nefarious and propagandistic. 0:12:50.400 --> 0:12:53.480 He said that Iva had made certain statements designed to 0:12:53.679 --> 0:12:58.920 ruin American morale. Quote she told American troops that their 0:12:59.000 --> 0:13:03.920 wives and sweetheart arts were unfaithful, and also that quote 0:13:04.040 --> 0:13:07.080 the Japanese would never give up, so there was no 0:13:07.240 --> 0:13:10.920 reason for Americans to stay there and be killed. De 0:13:11.040 --> 0:13:14.840 Wolf said she did this all with malicious intent. In 0:13:14.920 --> 0:13:18.720 his May nineteen forty eight memo, de Wolf had thought otherwise, 0:13:19.320 --> 0:13:23.560 writing there is no proof available that when subject committed 0:13:23.640 --> 0:13:27.600 said acts, she intended to portray the United States, but 0:13:27.760 --> 0:13:31.520 that belief wouldn't stop him now. After using his first 0:13:31.520 --> 0:13:34.960 witness to establish that Iva had signed autographs as Tokyo 0:13:35.040 --> 0:13:38.880 Rose after the war, d Wolf called Shiitsugu Tsunaishi to 0:13:38.960 --> 0:13:43.280 the stand. Sunaishi was the Japanese Imperial Army officer in 0:13:43.400 --> 0:13:47.640 charge of the propaganda program at NHK. He testified that 0:13:47.720 --> 0:13:51.080 the purpose of Zero Hour, the program IVA had announced 0:13:51.080 --> 0:13:56.439 for was quote, to make Allied troops homesick and tired 0:13:56.559 --> 0:14:00.760 or disgusted with the war. He also claimed that quote 0:14:01.200 --> 0:14:05.480 absolutely no threatening or violent language was used to compel 0:14:05.600 --> 0:14:09.840 prisoners of war to work on the broadcast. On cross examination, 0:14:10.280 --> 0:14:14.360 Wayne Collins got Sunaishi to concede several points that supported 0:14:14.360 --> 0:14:19.040 the defense. First, he asked Sunaishi if any other Japanese 0:14:19.040 --> 0:14:24.440 propaganda stations broadcasting to the Pacific used English speaking female broadcasters. 0:14:25.320 --> 0:14:29.120 Sunaishi said that there were thirteen such stations. The fact 0:14:29.120 --> 0:14:31.720 that the defense would use to great effect later in 0:14:31.800 --> 0:14:37.320 their case. Next, Collins pressed Sunaishi on the actual propaganda 0:14:37.360 --> 0:14:41.120 content of Zero Hour. Sunaishi admitted that the program had 0:14:41.200 --> 0:14:45.120 focused on entertainment. His strategy had been to rope in 0:14:45.320 --> 0:14:50.120 American listeners with an appealing program, and then, once the 0:14:50.240 --> 0:14:55.040 Japanese began winning the war, to introduce more propagandistic content. 0:14:56.400 --> 0:15:01.960 But unfortunately, Sunaieshi, continued quote, the opportunity did not present 0:15:02.040 --> 0:15:06.240 itself to do the real, true propaganda program that I wanted. 0:15:07.520 --> 0:15:11.800 Here was Iva's Boss's boss, the lead army official on 0:15:11.840 --> 0:15:17.080 the radio propaganda broadcasts, admitting himself that Iva's program had 0:15:17.120 --> 0:15:21.680 not contained propaganda. Collins also tried to pull holes in 0:15:21.760 --> 0:15:25.160 Sunniieshi's claim that POWs were not forced to work on 0:15:25.160 --> 0:15:28.560 the programs by bringing up the story of George Williams. 0:15:29.320 --> 0:15:31.960 Williams was a British civilian who had been held at 0:15:32.000 --> 0:15:35.720 Bunka Camp, the prison where POWs who worked at NHK 0:15:35.920 --> 0:15:39.800 were kept. When Williams had refused to participate in broadcasts, 0:15:40.520 --> 0:15:44.960 Sunniihi ordered guards to take him away. Suoniihi then allowed 0:15:44.960 --> 0:15:48.040 the POWs to believe that Williams had been killed for 0:15:48.080 --> 0:15:52.240 his refusal In reality, Williams had been transported to a 0:15:52.280 --> 0:15:55.160 different pow camp, where he lived for the rest of 0:15:55.200 --> 0:15:58.920 the war, but the imagined threat struck fear into the 0:15:58.920 --> 0:16:02.640 hearts of the POWs. They understood that their choice was 0:16:02.640 --> 0:16:06.680 to participate in the broadcasts or to die. This was 0:16:06.760 --> 0:16:09.960 important information for the jury to understand the culture of 0:16:10.040 --> 0:16:13.160 fear that Ivo was steeped in during her time at NHK, 0:16:13.920 --> 0:16:16.840 but unfortunately they did not get to hear the full story. 0:16:17.720 --> 0:16:21.120 Tom de Wolf had objected to the testimony, and Judge 0:16:21.240 --> 0:16:25.320 Roche had agreed with him that it was irrelevant. Another 0:16:25.360 --> 0:16:27.920 thing the jurors did not get to hear, though they 0:16:27.920 --> 0:16:32.800 may have deduced it for themselves, was about Sunaishi's ulterior motives. 0:16:33.760 --> 0:16:37.400 On July seventh, the day before he testified, an article 0:16:37.440 --> 0:16:41.400 had appeared about Sunaishi in the San Francisco Chronicle. In it, 0:16:41.640 --> 0:16:46.080 a former Bunka Camp inmate, Mark Streeter, had accused Sunaishi 0:16:46.120 --> 0:16:50.880 of being quote one of the worst war criminals. Streeter, 0:16:51.240 --> 0:16:54.360 who alleged that Suneishi had beaten him at Bunka Camp, 0:16:54.920 --> 0:16:57.720 was shocked to learn that the government was using Sunaishi 0:16:57.760 --> 0:17:01.120 as a court witness and not instead prosecuting him for 0:17:01.160 --> 0:17:05.679 the abuses he perpetrated at Lunka Camp. Suniishi then was 0:17:05.760 --> 0:17:10.119 clearly motivated to protect himself and deny using any coercion 0:17:10.200 --> 0:17:14.320 with NHK staff or prisoners of war. In fact, he 0:17:14.359 --> 0:17:17.479 would later admit to a reporter that he had lied 0:17:17.520 --> 0:17:21.960 to Australian officials who were investigating another POW's involvement in 0:17:22.040 --> 0:17:27.200 broadcasts in order to protect himself and his superiors from prosecution. 0:17:28.200 --> 0:17:32.119 Sunaishi was not the only witness whose testimony was affected 0:17:32.160 --> 0:17:37.639 by fear of prosecution. Kenkichi Oki and George Hideo Mitsushio, 0:17:37.960 --> 0:17:43.440 Iva's supervisors on Zero Hour, were also testifying. Oki and Mitsushio, 0:17:43.840 --> 0:17:48.200 like Iva, were nise American born children of Japanese parents. 0:17:49.280 --> 0:17:52.840 Both men had traveled to Japan before the war. They 0:17:52.840 --> 0:17:56.040 had both become Japanese citizens, but had not at this 0:17:56.119 --> 0:18:00.520 point renounced their American citizenship. As directors of Z Zero Hour, 0:18:01.119 --> 0:18:04.320 they were just as vulnerable as Iva, if not more so, 0:18:04.880 --> 0:18:09.280 to charges of treason. The government was relying on Oki 0:18:09.320 --> 0:18:12.159 and Mitsushio to serve as witnesses for each of the 0:18:12.240 --> 0:18:16.120 eight acts of treason Iva was charged with. The Constitution 0:18:16.320 --> 0:18:20.600 stipulates that quote, no person shall be convicted of treason 0:18:21.080 --> 0:18:24.000 unless on the testimony of two witnesses to the same 0:18:24.080 --> 0:18:29.000 overt act. Oki and Mitsushio were to be those two witnesses. 0:18:29.920 --> 0:18:34.680 Their testimony was highly specific, even using the exact language 0:18:34.680 --> 0:18:38.920 of the indictments. In their answers when describing Iva's alleged acts, 0:18:39.760 --> 0:18:44.320 Their memory of the crimes was detailed. Both men recited 0:18:44.320 --> 0:18:48.480 the same quote that they claimed Iva had broadcast, quote, 0:18:49.040 --> 0:18:52.399 now you fellows have lost all your ships. You really 0:18:52.440 --> 0:18:55.080 are orphans of the Pacific. How do you think you 0:18:55.080 --> 0:18:58.760 will ever get home? But when Collins pressed Oki for 0:18:58.920 --> 0:19:01.560 any other details of the day, when he claimed that 0:19:01.600 --> 0:19:05.240 Iva had made this statement, Oki could not recall any 0:19:06.160 --> 0:19:09.720 not what breakfast he ate, not what he wore, not 0:19:09.840 --> 0:19:14.480 the weather. He could only remember, in exact order the 0:19:14.560 --> 0:19:17.959 twenty four treasonous words that Ivo was supposed to have 0:19:18.000 --> 0:19:21.520 said that day. Oki also admitted on cross that he 0:19:21.680 --> 0:19:25.120 was not testifying voluntarily and had been brought to San 0:19:25.160 --> 0:19:28.240 Francisco forcibly on the orders of the U. S. Army. 0:19:28.920 --> 0:19:34.560 Mitsushio and OKI's testimony as a whole seemed suspect. At 0:19:34.600 --> 0:19:38.880 the lunch recess, David say Yizo Hyuga, a prosecution witness, 0:19:39.400 --> 0:19:41.919 came up to the defense lawyers and told them that 0:19:42.040 --> 0:19:45.879 he could prove that Mitsushiu and OKI's testimony was false, 0:19:46.600 --> 0:19:49.560 but the defense never got a chance to question Hyuga. 0:19:50.080 --> 0:19:52.840 After the prosecution learned he had been talking to the defense, 0:19:53.320 --> 0:19:56.360 they sent him back to Japan, and he never testified 0:19:56.440 --> 0:20:03.600 at all. In nineteen seventy six, nearly thirty years after 0:20:03.640 --> 0:20:07.520 the trial, Ronald Yates published a bombshell report in the 0:20:07.600 --> 0:20:12.399 Chicago Tribune. Yates had interviewed prosecution witnesses living in Japan, 0:20:13.000 --> 0:20:18.560 including Kenkichi Oki and George Mitsushio. These witnesses all alleged 0:20:18.680 --> 0:20:21.960 that they were coerced to testify and a lie on 0:20:22.080 --> 0:20:26.240 the stand under threat of prosecution. The post war sentiment 0:20:26.320 --> 0:20:31.480 against Japanese and against Americans of Japanese ancestry was tremendous, 0:20:31.720 --> 0:20:35.680 remembered one witness. We were told that if we didn't cooperate, 0:20:36.200 --> 0:20:40.520 Uncle Sam might arrange a trial for US too. Cooperation 0:20:40.960 --> 0:20:45.080 in this case meant lying on the stand. One of 0:20:45.119 --> 0:20:49.360 the men told Yates quote Iva never made a treasonable 0:20:49.400 --> 0:20:55.320 broadcast in her life, threatening witnesses. Shocking as it may be, 0:20:56.359 --> 0:21:00.920 was not the only taint on the prosecution's witnesses. There 0:21:01.040 --> 0:21:06.280 was also the question of bribery. Remember Clark Lee, the 0:21:06.359 --> 0:21:10.600 reporter who interviewed Iva in August nineteen forty five. In 0:21:10.680 --> 0:21:13.919 his May nineteen forty eight memo, de Wolf had called 0:21:14.040 --> 0:21:18.679 Lee and Harry Brundage's interview with Iva quote questionable and 0:21:18.800 --> 0:21:23.160 of doubtful propriety. But now he was relying on Lee's 0:21:23.240 --> 0:21:28.199 testimony as part of his case. Lee's testimony itself was 0:21:28.320 --> 0:21:33.200 also questionable and doubtful. He claimed that Iva had told 0:21:33.240 --> 0:21:37.400 him that she had broadcast the words orphans of the Pacific. 0:21:37.600 --> 0:21:40.679 You really are orphans? Now, how are you going to 0:21:40.720 --> 0:21:42.800 get home? Now that all of your ships are sunk? 0:21:43.560 --> 0:21:46.520 This was very similar to the quote that Mitsushiu and 0:21:46.600 --> 0:21:50.800 Oki had used, But this phrasing appeared nowhere in his 0:21:50.880 --> 0:21:55.560 original notes on the interview with Iva. So that's not great, 0:21:56.320 --> 0:22:00.239 But I promised you for bribery. That little issue came 0:22:00.280 --> 0:22:04.760 out on cross examination when Wayne Collins asked Lee about 0:22:04.800 --> 0:22:10.160 Hiromo Yagi, a witness who had testified at the grand jury. Now, 0:22:10.240 --> 0:22:14.880 mister Lee, Collins asked, isn't it a fact that you 0:22:15.000 --> 0:22:18.560 and mister Brundage requested to me to go to the 0:22:18.600 --> 0:22:22.560 Saint Francis Hotel on October twenty fifth, nineteen forty eight, 0:22:22.960 --> 0:22:26.679 because you wish to ascertain from me whether or not 0:22:26.880 --> 0:22:31.199 I knew that Harry Brundage had gone to Japan in 0:22:31.359 --> 0:22:35.800 nineteen forty eight and advised Yagi to come before the 0:22:35.880 --> 0:22:41.879 grand jury and testify falsely in this case. De Wolf 0:22:42.040 --> 0:22:47.480 immediately objected, shouting, you know that's nonsense. Judge Roche shut 0:22:47.480 --> 0:22:51.640 the line of questioning down, but the seed was planted, 0:22:52.560 --> 0:22:56.040 and the truth or most of it, came out in 0:22:56.080 --> 0:23:00.720 the testimony of the next witness, FBI agent Fred Tillman. 0:23:01.640 --> 0:23:05.679 On cross Collins asked Tillman if he had told defense 0:23:05.800 --> 0:23:10.720 lawyer Theodore Tomba that Hiromu Yagi had confessed that he 0:23:10.800 --> 0:23:13.879 had been bribed to lie to the grand jury. De 0:23:14.000 --> 0:23:18.520 Wolf objected again, but after Collins argued that the jury 0:23:18.720 --> 0:23:22.720 needed to know about a possible obstruction of justice, Judge 0:23:22.800 --> 0:23:28.080 Roche allowed the testimony. Tillman admitted that the answer to Collins' 0:23:28.240 --> 0:23:33.240 question was yes. A witness at the grand jury which 0:23:33.280 --> 0:23:38.639 had indicted Iva and sparked these trial proceedings, had indeed 0:23:38.920 --> 0:23:43.760 been bribed to lie Roche did not allow Tillman to 0:23:43.800 --> 0:23:46.639 tell the whole story, but it is a simple and 0:23:46.760 --> 0:23:51.159 sordid one. Two months after the grand jury indicted at Iva, 0:23:51.840 --> 0:23:56.000 Assistant Attorney General Alexander Campbell sent a memo to Attorney 0:23:56.119 --> 0:24:00.920 General Tom Clark. The memo revealed that Hiromu yah, who 0:24:00.960 --> 0:24:04.320 had told the Grand jury that he had personally seen 0:24:04.440 --> 0:24:08.760 Iva make a broadcast where she taunted Americans, had been 0:24:08.840 --> 0:24:13.160 bribed to lie on the stand by reporter Harry Brundage. 0:24:13.320 --> 0:24:16.359 When Brundage had gone to Japan in nineteen forty eight 0:24:16.440 --> 0:24:19.879 to pursue the Tokyo Rose story, he had tried to 0:24:19.920 --> 0:24:23.360 convince at least two witnesses to lie on the stand 0:24:23.880 --> 0:24:26.760 by plying them with gifts and promises of a free 0:24:26.800 --> 0:24:31.080 trip to America. One of these witnesses had refused, but 0:24:31.240 --> 0:24:35.399 Yagi had gone along with the plan. Yagi's testimony had 0:24:35.520 --> 0:24:39.480 rung false to FBI agent Tillman, so he had immediately 0:24:39.520 --> 0:24:43.199 begun to look into the matter. After an investigation in 0:24:43.280 --> 0:24:47.720 Japan and a further interrogation of Yagi, the truth came out, 0:24:49.119 --> 0:24:54.120 despite the Justice Department knowing full well that the grandeurors 0:24:54.200 --> 0:24:59.040 had heard perjured testimony, and that Harry Brundage had suborned 0:24:59.160 --> 0:25:03.800 the perjury. The Department decided to proceed with Iva's case 0:25:04.200 --> 0:25:09.160 and also not to pursue a case against Brundage. There 0:25:09.160 --> 0:25:12.840 were two reasons not to go after Brundage, according to 0:25:12.920 --> 0:25:17.640 Assistant Attorney General Campbell, First, he believed that jurors would 0:25:17.640 --> 0:25:21.760 not convict Brundage, a white man, on the testimony of 0:25:21.800 --> 0:25:27.720 two Japanese men. Secondly, and perhaps more importantly, as Campbell 0:25:27.760 --> 0:25:31.840 wrote in his memo to Attorney General Clark, quote, we 0:25:31.960 --> 0:25:36.880 believe that instituting prosecution against Brundage prior to the completion 0:25:37.119 --> 0:25:42.040 of litigation would completely destroy any chance of a conviction. 0:25:42.560 --> 0:25:47.560 In Iva's case, the Attorney General's office chose a chance 0:25:47.680 --> 0:25:53.800 at conviction over telling the truth. So far, nearly all 0:25:53.880 --> 0:25:59.320 the prosecution witnesses testimony was corrupted in some way, although 0:25:59.359 --> 0:26:02.240 of course the jury did not know the full extent 0:26:02.320 --> 0:26:07.119 of the problem. Fortunately for the prosecution, their next witnesses 0:26:07.160 --> 0:26:11.080 would not have the same credibility issues, though their testimony 0:26:11.119 --> 0:26:15.560 did have other problems. These witnesses were the Pacific gis 0:26:15.760 --> 0:26:21.320 who had heard Tokyo Rose broadcast propaganda statements. These servicemen 0:26:21.359 --> 0:26:24.960 testified to hearing a woman who they said used Ivas 0:26:25.000 --> 0:26:29.800 alias Orphan Anne, talk about troop movements, taunt them with 0:26:29.880 --> 0:26:34.320 allegations of their wives and girlfriends infidelity in their absence, 0:26:35.200 --> 0:26:38.080 and try to make them homesick by talking about steak 0:26:38.119 --> 0:26:42.240 and ice cream. Many of these memories, as Collins was 0:26:42.280 --> 0:26:46.560 able to reveal on cross examination, were vague and amorphous. 0:26:47.359 --> 0:26:51.359 The servicemen could not remember specific dates or times, and 0:26:51.480 --> 0:26:55.040 often it seemed likely that they were remembering rumors about 0:26:55.119 --> 0:27:01.359 Tokyo Rose broadcasts, not actual broadcasts themselves. However, some of 0:27:01.400 --> 0:27:06.800 the testimony was emotionally compelling. Marshall Hoot, a Chief Bosun's mate, 0:27:07.320 --> 0:27:10.280 testified about hearing a broadcast that he then made a 0:27:10.320 --> 0:27:13.440 note of in a letter home to his wife. Judge 0:27:13.560 --> 0:27:17.080 Roche allowed Hoot to read the entirety of the emotional letter, 0:27:17.680 --> 0:27:19.800 where he talked about how much he missed his wife 0:27:19.960 --> 0:27:23.800 and how painful the war was. The letter brought some 0:27:24.000 --> 0:27:31.960 jury members to tears. Suddenly, Tokyo Rose's crimes seemed very real. However, 0:27:32.480 --> 0:27:36.480 the details of those alleged crimes did not always line up. 0:27:37.480 --> 0:27:41.280 For example, Marshall Hoot was sure he had heard Tokyo 0:27:41.400 --> 0:27:45.680 Rose discussing infidelity while he listened at dinner between six 0:27:45.880 --> 0:27:50.159 and seven o'clock. That was indeed when Zero Hour aired, 0:27:50.960 --> 0:27:54.840 but in Tokyo in the Gilbert Islands, where Hoot had 0:27:54.880 --> 0:27:58.040 been at the time, the time was three hours earlier, 0:27:58.800 --> 0:28:02.520 so Zero Hour aired at three o'clock there not six. 0:28:03.560 --> 0:28:08.680 Many other gis testimony had similar time zone issues. Other 0:28:08.760 --> 0:28:12.840 men's statements contradicted earlier statements they had given the FBI, 0:28:13.600 --> 0:28:17.159 although neither the defense attorneys nor the jurors knew this. 0:28:20.080 --> 0:28:23.520 For the final piece of their case, the prosecution introduced 0:28:23.600 --> 0:28:28.679 recordings and scripts of Iva's broadcasts during the war. American 0:28:28.760 --> 0:28:32.960 monitors had recorded all of the Zero Hour broadcasts. While 0:28:33.000 --> 0:28:36.080 she was in Sugamo prison. Iva had been told that 0:28:36.119 --> 0:28:40.920 there were three hundred and forty recordings. However, the prosecution 0:28:41.200 --> 0:28:46.600 now only introduced six recordings. None of these recordings contained 0:28:46.680 --> 0:28:51.840 statements that corroborated the overt acts. For example, none of 0:28:51.880 --> 0:28:56.560 them referenced the loss of ships. Instead, the recordings were 0:28:56.600 --> 0:29:01.080