Defendant: Fukunaga, Takeo, Civilian Medical Orderly, Hiroshima PW Branch Camp No. 6, Yamaguchi, Honshu, Japan

Docket No./ Date: 42/June 25, 1946, Yokohama, Japan

Charge: Violation of the Laws and Customs of War: 1. Did willfully and unlawfully commit cruel and brutal acts against American and Allied PW's

Specifications:

Verdict: 2 years CHL

Reviewing Authority's Recommendations: Prosecution presented sworn affidavits and record of another commission trial in supporting the accusations.

Reviewing Authority: 1. Claimed that he was transferred to another hospital not because of the incident alleged in specification 2 but because he did not get along with the physicial. 2. Did not recall striking individuals except Cook, whom he slapped. 3. Claimed that he did not know what he was doing when he slapped Cook because he had been ill. Claimed that he apologized to Cook for slapping him.

Prosecution Arguments: Record is legally sufficient to support the findings. Accused admitted that he was not sick at the time of the slapping: thus, it must have been "deliberately administered." Illness as a reason for mistreating PWs "certainly should not be a mitigating cicumstance of such proportion that would relieve him of responsibility for this sadistic and inhuman treatment."

Defense Arguments: Paul E. Spurlock, Reviewer, Judge Advocate Section

Judge Advocate's Recommendations: