U.S. airman taken into custody by Japanese police

Okinawa residents have been calling for the U.S. serviceman's arrests

By Rebecca MacKinnon
CNN Tokyo Bureau Chief

TOKYO, Japan (CNN) -- A U.S. serviceman has been taken into police custody on suspicion he was involved in the alleged rape of a Japanese woman. He is expected to be formally arrested by Okinawa police.

The United States agreed to turn over Air Force Staff Sgt. Timothy Woodland after U.S. Ambassador to Japan Howard Baker met with the Japanese foreign minister and was assured he would have the same legal rights as he would at home.

Under the Japanese legal system, once Woodland is formally arrested it will be up to a district attorney to seek an indictment against him. That indictment has not yet been sought.

Baker said the decision had been made after careful consideration of the facts of the case and assurances from the Japanese government that Woodland would receive "fair and humane treatment."

VIDEO US Ambassador Howard Baker meets with Japanese foriegn minister, announces satisfaction with transfer arrangements (July 6) Play video (QuickTime, Real or Windows Media)

"The United States government has taken this case seriously and regrets any instances of misconduct by U.S. personnel in Japan," Baker said.

"We have cooperated fully with Japanese authorities in this case and we are grateful for a satisfactory result."

The handover could defuse tensions between the two nations that grew as negotiations for Woodland's transfer continued through the week.

Defense Department sources have told CNN that several U.S. military personnel saw the incident early last Friday, which led to an allegation of rape against Woodland, 24. At least one Marine has reported that the woman appeared to be protesting during the alleged incident, the sources said.

AUDIO CNN's Rebecca Mackinnon says the U.S. has handed over the rape suspect 1.74MB / 2 mins 37 secs AIFF or WAV sound   MESSAGE BOARD Okinawa rape case     COUNTRY PROFILE At a glance: Japan Provided by CountryWatch.com

Woodland has denied he raped the woman, and has contended that any sexual contact was consensual.

CNN has learned Japanese authorities performed a polygraph test on Woodland and they say he did not pass it.

U.S. officials have objected to the use of a lie-detector test in the absence of legal counsel or of U.S. representation of any kind.

Japanese authorities have agreed, however, to a number of U.S. demands regarding Woodland's treatment, Defense Department officials said.

Limited interrogation time

After 38 hours of questioning in 11 sessions, the Japanese agreed to allow legal counsel to be present during any further interrogations and to allow Woodland access to U.S. Embassy personnel, Pentagon sources said. They also have also agreed to treat the accused airman in a "humane" fashion, the sources said.

Japanese law limits interrogations to no more than 10 hours per day.

The questions surrounding Woodland's status led to a number of heated conference calls between officials at the State Department and the Pentagon Thursday, officials said.

Woodland has been taken in for questioning over the last few days

A Pentagon spokesman said Woodland had received legal advice from the U.S. staff judge advocate and retained Thursday, at his expense, a Japanese lawyer.

Woodland is based at Kadena Airbase on the southern Japanese island of Okinawa.

Since the incident, he has been in U.S. custody on the base there, officials said.

Indictment

Under a "Status of Forces Agreement" with Japan, U.S. military members do not have to be handed over to Japanese authorities unless they have been indicted. This case will mark the first time a member of the U.S. military has been turned over before an indictment has been issued.

Following indictment, the member is entitled to treatment and rights similar to those afforded under the U.S. justice system, Pentagon officials said.

Without a formal indictment, however, Japan is not automatically required to give those rights to service members.

Crimes committed by U.S. soldiers against local Japanese in recent years have also led to protests and demands by local politicians for the withdrawal or reduction of U.S. troops.

Okinawa is home to about 26,000 U.S. troops, more than half the total stationed in Japan, which holds slightly more than a quarter of the total U.S. military presence in the Asia-Pacific region.