Silence Once Begun by Jesse Ball

of Prosecution and Defense: Prosecutor Saito, and Defense Counsel Uchiyama.
    PROSECUTOR SAITO
    Known for a time as the man with the 100 percent conviction rate, a prosecutor consulted for many years by other lawyers in districts far afield for his definitive opinions, Prosecutor Saito comes with the very highest possible honors to this trial. It is rumored that his pretrial investigations have led him to another certain conviction. We shall see the effect of that ourselves. It was said at one time that as a young man, Saito resembled a heron. Whether this was meant with a view to humor or to the establishment of dignity, who can say? If he remains a heron, it is one in flight. When he lands to wade in criminal waters it is a sacrifice he makes on our collective behalf.
    DEFENSE COUNSEL UCHIYAMA
    In fifteen years of service, the stolid Uchiyama has kept his search for the truth at the forefront of his pursuit of excellence. His sturdy build and strong face should reassure the public; he does nothing without thought for the victims, for the populace, for justice, and for the eventual absolution of the criminal. Well-known among his comrades, he has earned a fine reputation. We look forward to seeing his work in this trial.

ODA TRIAL COVERAGE [Ko Eiji]
    DAY ONE
    Oda Sotatsu is brought into the room. He is seated. He, Prosecutor Saito, and Defense Counsel Uchiyama await the entrance of the judges. One by one the judges enter the room and are seated.
    The rumor is that while in police custody, Mr. Oda refused to speak. It is said by some in the radical press that he was treated badly, and that view may well be borne out by the poor health he appears to exhibit. However, opponents of that view would be quick to point out that remorse could easily be destroying his health. Whatever the case is, we shall see if he continues his silence into the trial.
    The prosecutor and defense counsel approach the judges. Some discussion is evident. They return to their places. The prosecution presents its indictment. Oda Sotatsu is accused of the abduction and murder of eleven individuals. When the charges are read, Mr. Oda is unmoved. His knuckles are not white, his pupils do not dilate, his brow does not quiver. He is quite unmoved.
    Nothing seems to touch him as Prosecutor Saito speaks, not even the reading aloud of a damning document signed by Mr. Oda himself prior to reaching police custody. It is a confession, but it is not a confession signed and countersigned legally in the eyes of the law. It may show his guilt, but whether it can be considered the equal of a properly-arrived-at-confession is a matter to be discovered in time.
    The judges confer. The question is brought to Oda Sotatsu and to Defense Counsel Uchiyama:
    Will Oda Sotatsu admit or deny the facts as set down in the indictment?
    Oda Sotatsu speaks. It is as though he is summoning up words from deep within him, with great difficulty. At first what he says cannot be made out. Judge Shibo asks that he speak louder. He is made to speak louder. He says,
He does not know about the facts of the indictment, yet he holds to the confession that he signed, as he signed it
.
    This is not good enough for the judges. Again, he is asked, concerning the facts of the indictment prepared by Prosecutor Saito, does he admit or deny them? Mr. Oda repeats himself. He does not know about the facts of the indictment, yet he holds to the confession that he signed, as he signed it. Mr. Oda is told that he has just heard the indictment. He cannot be thought ignorant of the indictment. What is being asked of him is that he simply admit or deny those facts. Mr. Oda speaks again, he says that he, while aware of the indictment, nonetheless can neither admit nor deny it, rather, he respectfully holds to the confession that he has signed, as he signed it.
    Through all this, Defense Counsel Uchiyama appears greatly chagrined, but attempts to appear unmoved. Can it be he did not know this was going to