(Grassroots ExpoIn June 2nd comprehensive news)His wife missing
In January 19, 1994, disorders of the Zhang Zaiyu, suddenly disappeared.From this day, the 32 year old She Xianglin's fate was changed turn the world upside down: he was not clear to jail for 11 years.She Xianglin, Yan Hubei County in Jingshan Province, Kou Zhen He Chang Cun, nine groups of people.In the eyes of local people, at the time when She Xianglin, having a decent job, in Jingshan Madian town police station when the security patrol.Suddenly left his wife, let a family temporarily at a loss.She, a two staged friends around looking for, but the results have not.She Xianglin later wrote in prison to outside the complaint, his wife in 1993 December of the day, all of a sudden insanity, in January 19th the following year, wife suddenly disappeared, he thought his power to be able to find a wife, so no alarm.
"The woman
The evening of April 11, 1994, the Jingshan County Public Security Bureau Criminal Police Brigade captain Lu Dingcheng, to find She Xianglin, for She Xiang Lin said, Zhang Zaiyu found, but Zhang Zaiyu was killed, the body was found in the town of Lu Chong Cun nine kiln concave dike pond, which belongs to him.The police since the trial on suspicion of She Xianglin.When first discovered this corpse is a village in a father and his daughter.Early in the morning of April 11th, the father sent his daughter to go to school, pass by here, found in the water to float a back up.After the alarm, the township police station rushed to the scene, which has highly decomposed body salvaged.After the forensic identification, identified the body for women, as the body highly perishable, coupled with the fact that Jizhen means relatively backward, unable to identify the specific identity of the deceased.
Torture of suspicion
The time from Zhang Zaiyu missing for nearly 3 months, the police informed the Zhang Zaiyu family to identify the body.Because the corpse body, hair, age and size and the disappearance of Zhang Zaiyu is almost the same, even the woman breast side a mole and fertility left incision no difference, so the police identified the dead woman was 3 months missing Zhang Zaiyu.She Xianglin is a major crime suspects, the police immediately launched an investigation on the.In April 12, 1994, She Xianglin was Jingshan County Public Security Bureau residential surveillance, on 22 August Beixing ju.On 28 August is Jingshan Procuratorate approved the arrest by the Jingshan police, the execution.She Xianglin was in prison to outside the complaint says, he was repeatedly asked the police to take him to see the last one eye, the wife to identify the body, but the police did not let him go to the body, but also a recognition that he killed his wife, and he was 10 days of torture to extract confessions.She Xianglin claims, the police for their handling of purpose, let him draw a "crime road map", in his trance unclear circumstances, on that rainy night in late April 21, 1994, with the car took him to a place off the bridge reservoir Uchiyama Ri, to give him the photograph, later, the county public Security Bureau said according to She Xianglin's painting of "crime road map", take them to the "crime scene", which can be used as evidence against She Xianglin.She Xianglin says, although he mind is all but destroyed, "I still have faith, faith in the party, believe that people's government, the judicial authorities as soon as possible elution grievances".
Repeated trial
In October 25, 1994, the Jingzhou intermediate people's court to "intentional homicide" sentenced him to death.He therefore appealed to the high court, after the province high court to facts unclear, insufficient evidence to reject the.In June 15, 1998, Jingshan County People's Court of criminal judgment: defendant She Xianglin ignored the laws of the country, in order to achieve the purpose of killing his wife, her husband, his behavior had constituted the crime of intentional homicide.The court sentenced She Xianglin to 15 years in prison, the additional deprivation of political rights for 5 years.Defendant She Xianglin refuses to accept, appeal, in September 22, 1998, the Jingmen intermediate people's Court issued a criminal verdict: rejecting the appeal, upheld a ruling.
The "revolution" family
In 1994 December, many residents of Tianmen Yao Ling Cun Shi He Zhen had written proof, they worked in local met a self named Zhang Aiqing (sound) age and the characteristics and Zhang Zaiyu is very similar to the woman.She Xianglin's brother She Suolin in accepting the Chutian golden news reporter the interview said, in 1994 December, he held the Tianmen stone he Zhen Yao Ling Cun resident issued two copies of that appeal after come back, is seized by police, three days later, go to the petition mother seized by police, in a detention center, he was locked up for 41 days, the mother was kept for 10 months.Mother came in, happy Kang Kang, from the house of detention came out, blind, his legs paralyzed, eating difficulties.4 months after the mother died.The few stone river town residents have also been implicated in the witness "".
"The dead" opening
"The first is surprised, is angry!"In March 28th this year, see Zhang Zaiyu appeared in the Township street of local residents told reporters.Zhang Zaiyu back news, rumors in the eight Township ten.Who also dare not believe this fact.The reporter interviewed Zhang Zaiyu, at the local Zhang Zaiyu said, because the brain out of the "problem", what time away from home, where to go, where to go, "now remember".Later, she was being detained in Zaozhuang in Shandong, the son of remarriage, now already 10 years old.Zhang Zaiyu said, she has repeatedly to write to relatives and friends, including her parents.But the family because of suspected She Xianglin collusion cellmate of intrigue and ignored.
She Xianglin "wife" a lesson must remember
She Xianglin "murder" case 13, re trial, in prison 11 years of She Xianglin, was the court acquitted.The case itself has no what suspense, is still widespread concern, because it causes "the dead" misjudged cases were found, arouse us introspect on the abuse of criminal judicial system, warn those who wield absolute power hand investigators rectify deviation handling concept, to prevent similar tragedies from happening again.China's Criminal Procedure Law expressly provided, the public prosecutor, judicial organs for criminal lawsuit must "take facts as the basis, take the law as the criterion"; the people's court in accordance with the law to exercise judicial power independently in accordance with the law, the people's procuratorates exercise procuratorial power independently, not subject to administrative organs, social groups and individuals.But a series of phenomenon of "wife" in the She Xianglin case shows that, the basic principles of criminal proceedings has not been conscientiously in practice, some wrong ideas criminal activities such as suspected crime from, avoid and heavy fighting crime, light to protect the innocent and so on, not only in some places become a habit, and become the root cause the miscarriages of justice.A criminal case happened, units and personnel handling the case for fear of indulgence "bad guys", worried that the plaintiffs appeal disturbances affect social stability, the evidence is not sufficient Its loopholes appeared one after another. even managed to close, and even in some places up to do the "iron", artificially excluded the possibility of reverse.Investigation and interviews with the press of the display, the presumption of guilt, not the first cause grievance, misjudged case, bringing great harm to the interests of the parties, also shows that the rule of law is still a long way to go.She Xianglin "murder" case has aroused great attention of all circles of society of our country, Hubei province Jingshan County prosecutors have carried out throughout the investigation of the case, and will be the responsibility.The court also ready to compensate for the She Xianglin in accordance with the provisions of the law on state compensation.This not only reflects the real value of ruling the country by law, idea, and that in China's efforts to the construction of socialist political civilization, and vigorously promote the construction of socialist democracy and legal system in the process, any violation of legal principles and the spirit of the legal system of the judicial, law enforcement behavior, must bear the responsibility for the risk.She Xianglin's grievance rehabilitate in such a sunny spring, bring us not only have the heavy thinking of the past, but also to the future happy yearning.China has "the state respects and protects human rights" into the constitution, principle of the protection of human rights in the criminal justice field is being implemented.Summing up the experience, lessons learned, change the idea completely, strictly the quality of handling cases, each individual life pass day case as to withstand the test of history "the iron", this should be the maximum benefit for the public security organs of the She Xianglin case.(Xinhua News Agency reporter Zhang Jiangao)
Focus of the three major grievance redress after the
To get state compensation yesterday in the trial, She Xianglin made it clear, will request the state compensation.According to the Jingmen City Intermediate People's Court of a responsible person, in April 1st of this year She Xianglin was released on bail pending trial, She Xianglin was detained for 3995 days, according to the relevant provisions of the "State Compensation Law", some preliminary estimates she's compensation will be in 220000 yuan.But this is just She Xianglin's compensation.She Xianglin's brother She Suolin said: "a total of 5 people have been varying degrees of damage in this case, because the mother was held for 10 months, pay 3000 yuan of money and soon died, I also appeal detained by the police for 41 days, and two witnesses also hurt, these should be the state compensation."Concerned personage expresses, except for the loss of personal freedom to get compensation, if the personal injury identification that She Xianglin was torture to extract confessions, he will also be responsible unit compensation.The presiding judge Hu Duosheng said: "the compensation in the judgment of the case will soon after the entry into force."But as for the She Xianglin family and whether the witness compensation, the compensation, there is no express provision, need a separate prosecution request.The unnamed woman who in March 28th, was identified by She Xianglin "killed" Zhang Zaiyu 11 years after intact back to my brother's home, and who the hell is that with the unnamed woman?Reportedly, Jingshan County Public Security Bureau has been open to the community to solicit clues, and published the report.For extraction of woman DNA samples, because there is no comparison, the current number of value is not to say to.How many people will receive responsibility She Xianglin case occurred, provincial Party committee leadership attention, make a quick indication, liability and the case will not escape the legal responsibility."I was brutally beaten, corporal punishment and torture to extract confessions."According to She Xianglin, he had been continuous trial for up to 10 days.She Suolin said, in April 12th, a day before the retrial court, he accompanied his brother She Xianglin to Wuhan to do a physical examination, She Xianglin present serious low vision, binocular vision is only 0.1, and sometimes a ghost; in addition, She Xianglin's chest is normal, but the lumbar and sacral apparent disease like.For if She Xianglin was torture to extract confessions, local authorities are very vague, no clear answer.Jingshan County Public Security Bureau officials said in interviews with the media, do not believe there will be torture to extract confessions events.It is understood, in accordance with provincial Party committee leadership ordered instructions, the next step is to state compensation, followed by responsibility.(reporter Mei Huafeng)
She Xianglin, Yan Hubei Province town of Jingshan county where field village, Jingshan County Public Security Bureau police station public security patrol the original Ma Dian, suspected of killing his wife and criminal detention.Once two times declared "the death penalty", due to lack of evidence from the gate of hell.After the Jingshan County People's court to voluntary manslaughter and sentenced to 15 years in prison, deprived of political rights for 5 years.But in March 28, 2005, She Xianglin was "killed" for 11 years, his wife Zhang Zaiyu suddenly appeared......
Has "died" 11 years of Zhang Zaiyu suddenly resurrection ".The day before yesterday she says to the reporter, the husband had said very guilty.Text / chart Jingmen Evening News
Women's "killed" 11 years suddenly to
At noon on March 28, 2005, She Xianglin's brother She Suolin received several phone calls, said Zhang Zaiyu back.In order to verify the news, he dialed Zhang Zaiyu brother's telephone, really really cut confirmed, she locks with moment thought still there's brother, therefore, he immediately reported to the police.
When She Suolin and his wife appeared in front Zhang Zaiyu, Zhang Zaiyu immediately called Jiang Yinxi a "big sister".Jiang Yinxi have mixed feelings.This time She Xianglin, sentenced to from custody, has spent 11 years in prison.
Her husband was "wife" was sentenced to 15 years in
According to She Suolin introduction, early in 1994, his wife Zhang Zaiyu suddenly disappeared.The family was looking for, but never found.Zhang began to suspect that She Xianglin was killed, because Zhang Zaiyu was suffering from mental illness.At that time, rumours about She Xianglin having an affair with a young woman is much raise a Babel of criticism of.
A few months later, villagers found a body has decomposed to lose one's beyond recognition of women not far from the village in kiln concave weir edge.After identifying the body, they cling to one's view the dead is Zhang Zaiyu.
In this way, She Xianglin became the first murder suspect, shortly by the Jingshan county public security organ arrest.
This year, She Xianglin 28 years old, Zhang Zaiyu is 31 years old, their daughter was 6 years old.
She never saw the dead family live, they asked what that police station, police's answer is: This is not for you to say, the government must not wrong.That year, She Xianglin was sentenced to death, the execution is scheduled in October 1st.Later, because of insufficient evidence, finally escaped the jaws.In 1995, She Xianglin was sentenced to death, and later because of insufficient evidence from death.
In June 15, 1998, Jingshan County People's court to voluntary manslaughter and sentenced to 15 years in prison, deprived of political rights for 5 years.
Mother, brother to also caught
The 64 year old she father She Shusheng told reporters, since 1994 April after the son in prison, the eldest son She Suolin because his brother a petition, was detained for 41 days in May 4, 1995.
Mother Yang Wuxiang was posted everywhere posters and petition, was jailed in May 6, 1995, in the Jingshan County Public Security Bureau was shut down for 9 months, then pay 3000 yuan to get people out, but has been qiruoyousi.After more than three months, Yang Wuxiang HanHen but go to, at the age of 54.According to the villagers, Yang Wuxiang in jail for healthy before, years of work in the fields.
It is understood, in order to give She Xianglin revenge, more debt, the village only owed diliukuan reached twenty thousand yuan.She Shusheng cultivated cropland of 2 mus of responsibility, the poor are languishing in.
His wife
I thought he had a good life
Here is Zhang Zaiyu the day before yesterday, an interview with reporters that: "I thought that after 10 years of suffering, in my imagination, She Xianglin should have a family, should now have a good time, did not think today is scene.More than 10 years in prison, the mother-in-law died, our daughter drop out of school early, suffered too much, too big.
Know the situation, I think it is really a strange combination of circumstances, let him (She Xianglin) wasted precious youth, wasted the precious time, my heart be very upset.I really want to see his daughter and his.
Here, I can only say also guilty, deep for him and his family, thank you for caring for our people."In the interview, her brother Zhang Zaisheng said: "when we see her, suddenly startled, that is really wronged She Xianglin, we thought of going to the police station immediately......"
The social impact of the case of She Xianglin
The She Xianglin case was declared innocent in She Xiang ended, but the social impact is still the continuation of our judicial system, the defects of the case reflects the have not been completely changed.Chinese Newsweek reporter Wang Gang through the dusty files, as we review the case history, hoping to arouse us to look again at the China judicial system.
Shaanxi Dong Wei, Hebei Nie Shubin, Hubei She Xianglin behind -- a series of name, is a citizen's life, some of them died, some still alive.Whether living or dead, has repeatedly exposed weaknesses in the judicial system.
Fortunately, our judicial reform has been on the road again.The judicial reform goal is to "guarantee fairness and justice in the whole society".
This is a sacred goal, in order to achieve it, we have to pay life and freedom.In people-oriented in today's society, we must keep the law that the fairness and justice of the last line of defense.
She Xianglin decided the fate of the law enforcement
When a total of 9 cases we re open the sealed for 11 years, can restore all She Xianglin was guilty.It is in this long judicial process, in a complex set of judicial system, force and a group of "iron" regulators, an innocent citizens have become a "criminal"
In April 13, 2005, the sun at eight or nine in the morning on a piece of open rape.The sun a group of children is the country on the path pursued a hen.
Rape is the end of a wall, which is the Hubei province Jingshan County People's court, at the moment is a new trial.
The defendant She Xianglin, in 1998 June, he was the court charged with murder, sentenced to 15 years in prison.
This time, She Xianglin was not handcuffed, did not wear uniforms.But he was still sitting on the judgment seat, a block is not eye-catching "defendant" sign at this time and he deliberately keep a distance.
The trial lasted for 100 minutes.
Then, the judge declared She Xianglin guilty of intentional homicide facts can not be established, the court sentence the guilty.
She Xianglin has finally achieved.So far, Hubei She Xianglin case temporarily ended.
In the trial, She Xianglin faces stiff, low voice, the jacket collar up high.The presiding judge and his dialogue, caused a commotion.
Judge: She Xianglin, what time were you granted bail.
She: 1994 April.
Judge: you think carefully, what time was granted bail.
She: in 1994 April, I'm innocent......
The exact time when She Xianglin was granted bail is: April 1, 2005.But he only remember one sentence "in 1994 April, I'm innocent......"
In 1994 April, the judge decided that She Xianglin deliberately manslaughter, she was sentenced to death.
Then, a haze in the man's life.In 11 years, more and more people believe that he is guilty, first officer, after prosecutors, then judge, justice, and be filled with righteous indignation of the masses......
But I believe more and his innocent less, finally left his mother.
11 years of crime and innocence rebuttal, let him completely obscures the process, gradually lost the ability to defend himself, he could only remember me. "".
When a total of 9 people over the 11 year old, from a known fact generally reducing all process on the trial she case.It is in this long judicial process, in a complex set of judicial system, force and a group of "iron" regulators, an innocent citizens have become a "criminal".
Jingshan County procuratorate Deputy procurator general He Zhengping in an interview that she was back, the entire proceedings, almost every process is legitimate, fair.However, the "legitimate, fair" program, why become a grievance.
Crime
She opened a case file, a township police station from Jingshan County, the mouth of the "report" at the beginning of the long story become material.
"In April 11, 1994 11 noon, a female corpse found Lu Chong Cun nine kiln concave weir surface Yan men Kou Xiang......"
Behind the reporting materials department of a person's name: Han Youhua.
Han Youhua, She Xianglin case project team leader.Deputy director of the Jingshan County Public Security Bureau, in charge of criminal investigation.In the prosecution of She Xianglin, Han character key.
The emergence of the unnamed woman broke original calm country.The villagers of the place, come in great numbers, surround rapidly here.According to the autopsy report "after the formation of the" description, the scene has been damaged seriously, makes it difficult to identify the corpse.
At two thirty in the afternoon, Han Youhua led the County Public Security Bureau Jizhen personnel arrived at the scene.
Forensic preliminary determination, the unnamed woman brain contusion department to drowning death coma, should belong to him.
Han Youhua has not yet commenced formal investigation, a man named Zhang Niansheng to find him, asked to identify the body.
Xiang Tai Ling Cun Zhang Department of Yan men Kou eight groups of villagers, claiming to be his sister Zhang Zaiyu in January 1994 20 night away from home, so far One's whereabouts is a mystery.
Zhang Niansheng reflected to the ad hoc group at the same time, tense relationship with Zhang Zaiyu and her husband, bickering, quarrel happened, her husband was having an affair she xianglin.
This is the first report "that she guilty evidence".
Behind a Niansheng is Zhang Zaiyu's maiden.The family from the beginning don't believe she, Zhang will be happy, they think, a high degree of culture, and she even didn't graduate from primary school.In addition, she often years unemployed, not gu.Their found, was eventually transferred to the prosecution indictment.
Zhang Niansheng later identified the body, he cling to one's view the unnamed woman is Zhang Zaiyu.
Summarize the results of forensic identification, the panel found that characteristics of dead and Zhang Zaiyu are 11 at the same.The case has made a breakthrough.
5 pm, 6 hours in the unnamed woman, Jingshan County Public Security Bureau forensic Li Fuze, Zhang Shaoying jointly with the county procuratorate forensic Li Shaohui formed a "book" forensic identification, confirmation of the unnamed woman is Zhang Zaiyu.The same conclusion was that day afternoon 7 when the formation of "Zhang Zaiyu was killed" the scene record.
This report retains the case from the beginning to the end she only a detailed description about Jane Doe.The conclusion is: Zhang Zaiyu is another blow to the head with a blunt object to coma and then thrown into the water and drowning.
Trial
Logical, husband of Zhang Zaiyu She Xianglin as a key suspect locked in the perspective of Han Youhua.
At that time, the 28 year old She Xianglin is Jingshan County Public Security Bureau of the original Ma Dian police patrol.
According to his memories, the afternoon of April 12th, outside of the rape are in full bloom.To a few police officers, including Han Youhua.They said to tell she playing chess, next to the night would not let go home.After dark, she was away in a police van.
He was informed of the news of the death of Zhang Zaiyu from the mouth, he asked to identify the body at the time, was rejected.
Subsequently, the police were questioning trial to him.
She Xianglin first talked about his previous views on Zhang Zaiyu's missing: one is to go to Henan to learn Xiang Gong; two is death; three is with anybody else.
"Now she is dead, I also have a feeling.After missing, Zhang Zaiyu's people say I have a murder......"Then he said.
She seems to preliminary communications no breakthrough, but the team was sure that the man has a major suspect, the reason is: She Xianglin has time to commit the crime; crime have thought foundation; and after Zhang Zaiyu disappeared, she has unusual performance.
Held in the evening of the county public security bureau Party committee, project group proposed on She Xianglin quarantine examination.
In April 13th, the trial continued under the She Xianglin front.On the other hand, the police has been collecting evidence to prove the other She Xianglin guilty.
One day, a man named Xu Yu, provides testimony to the police.This evidence, police think the key role in the proof of She Xianglin guilty issue.
Xu Yu said, once and she together chat, talked about his wife missing.She said, his wife won't go, go to die will die in the vicinity......
Han Youhua think this is a vital clue, according to the task force investigation, found that the unnamed woman place according to the she family far away, Zhang Zaiyu disappeared that night, she is looking for and family, is unlikely to have the time of the crime.He will "die die material in the vicinity of" a few words with a red mark, which indicates that, she Henyou may be different. The postmortem.
The police will witness testimony to the rest of the trial.This print has facts could not be confirmed by the police in the interrogation by torture to extract confessions, but after hearing the turns, She Xianglin's physical condition worse.
In April 14th, the police will hurt She Xianglin to 330 sanatorium treatment, still on trial.
Here, She Xianglin confession somewhat loose, he confessed to his wife kidnapped by friend Wei Taiping: Zhang Zaiyu ill, often throwing things at home.One day I said to Wei Taiping, you take my wife out.Take out the reservoir for several days, I borrow money to give her.Wei agreed......
In April 15th, after the unnamed woman was found four days, the police to She Xianglin trial a major breakthrough.She Xianglin admitted: "Zhang Zaiyu is my kill."
Subsequently, She Xianglin confessed the first crime: January 1994 20 evening 11 o'clock, she took Zhang Zaiyu came to the wild goose door red gravel plant a hillside, with wooden staves will Zhang killed buried in the valley.
This statement immediately by the police deny.They think, they found the body of Zhang Zaiyu wrong place, the whole process is a false confession.
On the other hand, in the submerged in the scene, the police also found new evidence.In April 17th, drained submerged pond water, one for the submerged snakeskin bag on Han Youhua's desk.At the time, found the snakeskin bag and 4 pieces of stone, which is considered as the main evidence She Xianglin Shen.
That night, for she's trial began around the snakeskin bag.
Q: who is your snakeskin bag?
Answer: do not know.
Q: kill Zhang Zaiyu stones come from?
Answer: it is down to pick up, not from killing local pick up, stone is a rectangle, after killing and throw away.
Q: after hitting again how?
Answer: after two, Wei Taiping and I will push Zhang Zaiyu into the pond, do not know is directly on the rope tied to the stone, or the stone with a snakeskin bag to sink.The 80% is a snakeskin bag to the stone sunk corpse.
Q: do you think carefully is what to sink the corpse?
Answer: I think of it, using a snakeskin bag stone sink.
Close to the dawn, Han Youhua got a She Xianglin personally written confession.
Written materials this seemingly secure, followed by the collapse of itself.Combined with the previous investigation, police still think She Xianglin night to kill the process is complex and the submerged in the distance, not the one.She will also gradually confirmed this speculation.Before two days, She Xianglin also confessed to the other two and Wei Taiping together with the crime after.
However, the latest survey shows that, she made before and after the case, Wei Taiping suffered from severe stomach, may not participate in crime.
Research project group in trouble, in April 20th, Hui Department of reservoir, project group leader Han Youhua personally launched on she interrogation.
This time, the trial achieved a major breakthrough.
She gave a detailed account of the submerged alone.At this point, she confessed to four kinds of crime after, police eventually accepted the confession, and be used after the prosecution indictment.
The next few days, she will gradually move closer to the police investigation is the fact, until the final verdict.
In April 22nd, a light rain in the evening, she took Han Youhua to the left, to identify the alone kill line and submerged technique.On the same day, Jingshan County Public Security Bureau to take custody of She Xianglin.
In April 25th, Jingshan County Public Security Bureau she's behavior has constituted the crime of intentional homicide, and draw the Procuratorate approved the arrest of their.
They are based on: She Xianglin confessed and field investigation and visit the same situation.She Xianglin can smoothly be investigators to the scene of the crime.
In April 28th, Jingshan County procuratorate the arrest of She Xianglin.
Convicted of the 1994 May, Jingshan County People's Procuratorate She Xianglin murder case transferred to the Hubei Provincial People's Procuratorate prosecution Jingzhou branch.This case has caused controversy in the procuratorates.When prosecutors divided into two factions, one that the case facts unclear, insufficient evidence, all with statements identified, not enough to accept.While the other side is that, major case, the nature of the bad, not punish not to anger.
However, internal disputes and did not let She Xianglin get the opportunity to clarify.Prosecutors wanted the police to add some evidence: information about the 1 murder scene and killing tools.2 should come to the defendant She Xianglin to pick up a snakeskin bag and clothes.3 the defendant She Xianglin crime when worn clothes can detect the blood.The 4 defendants Tibetan clothes protected and burned clothing material.
The case has again returned to the Jingshan County Public Security Bureau of investigation, Han Youhua felt from upper and lower pressure.On the outside, this case has become a focus of the attention, the Zhang Zaiyu family every two or three days after, to punish the murderer has become more and more strong.Some people even say, public security organs accept bribes she home.While in the police, that she never wavered.Ad hoc group of police officers that the unnamed woman case has been broken, for the previous facts, not overthrow.The need to do, just add a part of evidence to prove that she is guilty of.
In August 2, 1994, after fighting the hundred days, Jingshan County Public Security Bureau issued a supplementary materials:
The 1 time interval occurs is March years old, unable to find the murder weapon.
2 She Xianglin Shi snakeskin bag and clothes could not identify.
3 we She Xianglin the clothes no blood test.
4 we She Xianglin burned clothes lime on the search, the dust has cleared, can not be evidence.
In September 22, 1994, the case was sent to Jingzhou City People's procuratorate.Although the public security in the investigation and prosecution of unanswered questions, but also offered no new evidence, but this time, the dispute between the prosecutor is less obvious, they stand at the side of public security and public opinion.Jingzhou city procuratorate to bring She Xianglin to the crime of intentional homicide prosecution to the Jingzhou City Intermediate People's court.
In the indictment accused the prosecution: defendant She Xianglin because of his relationship with the young woman with the ambiguous and Chen and his wife Zhang Zaiyu, resulting in his insanity.After seeing his wife suffering from mental illness, she Suiqi wife take heart, in January 1994 21 at 2 pm, will be his wife to Yan men Kou Xiang Lu Chong Cun nine kiln concave weirs, stone piece and fainted. After sinking into the water.
In view of the situation, Jingshan County lawyer He Dalin as she made light offence defense.
He Dalin argued that the court: first, the relationship between the defendant and the other young woman ambiguous and "wife take" no causal relationship between; second, there is no direct evidence, the evidence is insufficient.
The party is recollected to this print journalist, caused a sensation in Jingzhou on the day of trial, public opinion boiling.The Zhang Zaiyu family requirements, quick speed.
In court, facing all kinds of evidence to identify oneself guilty, the defendant She Xianglin argued: I didn't kill Zhang Zaiyu.She slipped and fell down the hill......
In October 13, 1994, the Jingzhou court for the She Xianglin murder case verdict: defendant She Xianglin guilty of intentional homicide crime, sentenced to death, deprived of political rights for life.
The mother died to save road
In a series of "hard" "evidence" before, She Xianglin gradually lost his self and courage.He was again in the dock repeated one sentence: I didn't kill her.
At that time, has very few people believed she would.About 200 people came to the Jingshan municipal front, want the government to punish the perpetrators as soon as possible.
At this time, a mother went on the road.She believes that her son did not murder, she even doubted the dead man is not daughter-in-law Zhang Zaiyu.Later, people thought she was mad.
The "Crazy" the mother constantly walk around the village, while searching for daughter-in-law live news, while for a ritual for the people in the village.
In 1995, before and after new year's day, mother in Yao Ling Cun of dozens of kilometers away in Tianmen Stone Town home he made a startling discovery.Village branch secretary Ni Leping prove to her, some time ago to see a person who resembles Zhang Zaiyu, the food and lodging in his house.
Ni Leping then she issued a certificate, the then known as the "conscience proof" discovery, become the key evidence finally save She Xianglin's life.
At the beginning of 1995, mother with a complaint and "conscience proof" came to the Hubei Provincial Higher People's court.
At the same time, new evidence has accepted the appeal of the high court of Hubei noted She Xianglin.The court thinks, the case facts unclear, insufficient evidence, decided to remand.
In January 6, 1995, the Supreme Court of Hubei issued a "(1995) the punishment a letter word second checking function".Which explicitly pointed out 5 major doubt the existence of:
Before and after the 1 in the case of direct evidence only defendant She Xianglin contradictory, for when you turn confession, indirect evidence is not much also, and unable to form a chain of evidence.Only on the basis of the defendant had opportunity, motive and forensic medicine, not enough to finalize.
Confession 2 accused She Xianglin of up to four or five, the content of each are not identical, without sufficient evidence and reasons, only to choose the one that is wrong.From the materials, the evidence did not commit the crime and lack of time suspects Wei Taiping, Wei Taiping home on the ground and the wall of blood can't explain.
3 the murder weapon was not found, only on the defendant She Xianglin's confession that the murder weapon is a stone, lack of evidence; a snakeskin bag to host not found, unable to prove the defendant's confession; the defendant She Xianglin confessed Zhang Zaiyu will be changed clothes burned, at home no debris, no witness testimony evidence, clothes to unknown.
4 Zhang Zaiyu insane without a doctor's diagnosis proof, even if someone that Zhang had no home habits, which also can not deny the possibility to flee or follow a others.
5 in the case of an important basis for sentencing is according to the defendant She Xianglin's account in the submerged extracts a snakeskin bag a, containing four stone.But from the coil material, is a snakeskin bag after the confession, not extracting record record, according to the defendant She Xianglin confessed to extract a snakeskin bag and the bag four stones.Worthy of study that force the evidence.
In May 15th the same year, the case once again returned to the Jingshan County Public Security Bureau of investigation.The case for two times to re check the project group, shame.
Therefore, special team organized a special public security bureau on the case to investigation and evidence collection.Soon after, the project group and issued a "about the She Xianglin murder case supplementary investigation report".
The report still revolves around She Xianglin's confession, and did not produce evidence of updated.
The report that:
Confession and investigation in April 20, 1994 1 She Xianglin consistent.And can smoothly investigators to the site.According to She Xianglin, time to commit the crime motive and forensic identification is enough to file.
The 2 defendant She Xianglin who work in the public security organ, has anti investigation, interrogation resistance capacity, is impossible to completely explain the disposable.Therefore, a variety of confession.
The 3 time of crime and crime time is March years old, could not find.
4 during the course of illness only listen to the words of She Xianglin, only she can take her away.
5 She Xianglin's mother in December 30, 1994 reflected the petition, Zhang Zaiyu was still alive, and presented evidence.Via checking, these two pieces of evidence is false.
Due to the lack of enough evidence, after more than a year, for she was guilty debate and innocent, transfer between the procuratorate and the court of Jingzhou City, and not far.
"At that time, both sides almost stood in the opposite."A person familiar with the matter to our memories, the procuratorate and the Court felt the strange, but who could convince the other.The prosecution has no update, the more powerful evidence, under high pressure the Jingzhou intermediate people's court only repeatedly refused to accept the prosecution.
During this period, adhere to the appeal of the mother, Jingshan County Public Security Bureau believes in She Xianglin exculpatory, has constituted the crime of shielding, submitted to procuratorate prosecution.
In the 9 months after the detention, the mother became blind and deaf, unable to walk, 3 months after Yu Yu.
Politics and Law Committee coordination degrading treatment
In December 29, 1996, due to the change of administrative division, Jingzhou City People's Procuratorate the case file materials by mail to the Jingshan County Committee of political science and law.
"Hot potato to the politics and Law Committee that do not have the ability of handling a case, consequences be unbearable to contemplate the authority."Jingshan county committee member of the staff told reporters that describe.
After the case into the politics and Law Committee, a series of procedures into the fast lane.
In May 14, 1997, the CPC Jingshan County Committee of the Communist Party of China will be the case shall be submitted to the Jingmen Municipal Committee coordination.In October 8th the same year, the Jingmen Municipal Committee held the coordination meeting in Jingshan County People's procuratorate.The meeting decided: defendant She Xianglin murder case of Jingshan County People's Procuratorate prosecution to the people's Court of Jingshan County, the provincial "back 8 mentioned problems in the letter" in 3 could not identify, decided to downgrade handling of the case, the She Xianglin sentenced to.
In March 31, 1998, in accordance with the Law Committee will coordinate the instructions, Jingshan County People's Procuratorate prosecution of She Xianglin, accused of the crime of intentional homicide.
In June 15, 1998, Jingshan County People's court decision defendant She Xianglin deliberately manslaughter, was sentenced to 15 years, additional deprivation of political rights for 5 years.
There is another change at this time, the Public Security Bureau project team leader Han Youhua has been transferred to the Jingshan county court served as vice president.
The court She Xianglin excuse is: I didn't kill Zhang Zaiyu.
She Jixu appeal.In September 22nd the same year, Hubei Province, Jingmen City Intermediate People's court rejected the appeal, upheld the.
Inflection point to change the fate of the
"Victim" Zhang Zaiyu story, become a major turning point.
In 2005, the argument about the She Xianglin murder crime and innocence, long pause.She Xianglin released a day in prison count.All people have believed that 3995 days in captivity have got the man guilty of redemption.
In March 28th, a group calling itself the woman named Zhang Zaiyu came to Lu Chong Cun, she says she is She Xianglin wife -- that before was that "the dead".
All the facts had been believed and was identified were turned upside down.
In March 29, 2005, Zhang Zaiyu "the second day", Jingmen City Intermediate People's Court of emergency issued "the retrial decision", concluded that the hospital had ruled in ascertaining the facts and law is wrong, in accordance with the "Criminal Procedure Law" decision: the case in our hospital were separately into a collegial panel to retrial.
In March 30th, the Jingmen City Intermediate People's court has made the "criminal verdict", said the ruling that She Xianglinfan manslaughter facts unclear, insufficient evidence, erroneous application of the law, rule to cancel the hospital (1998) Jing Xing final No. eighty-second criminal rulings and Jingshan County People's Court (1998) at the beginning of the word no. forty-sixth Beijing punishment criminal judgment, back to the Jingshan County People's court re trial.
In April 1, 2005, the Jingzhou City Intermediate People's court bulletin "about She Xianglin found a case of intentional homicide do about mistakes and correction in accordance with law.".
After that, this obviously "wife" case, be corrected with the fastest speed.
The morning of April 13th, prosecutors issued four copies to prove to the judge in court: Zhang Zaiyu's testimony, Zhang Zaiyu daughter and the mother of the registration certificate, and a copy of Zhang Zaiyu and daughter of DNA certification.
The judge sentenced the guilty of that a moment, She Xianglin's ideas seem to stay 11 years ago that a similar moment.
"In 1994 April, I'm innocent......"
In April 15th, Yan Xiang restored calm.The sun hit she's yard, under the shadow of father and daughter sat, chatting.A group of people came in, and they come to She Xianglin work, also will be free to provide learning opportunities she technology.She was suddenly visit these people feel fear, cramped, a leading County on the things said, after 11 years, you have to learn a craft for the family.
She Xianglin hand smoke fell to the ground.
Editor: the review of the project, from after so many years, and so on cases still occur."Henan She Xianglin" Zhao Zuohai caseNo.Not only the "magical" like to copy the case story, the more dramatic increase "torture" plot!Not because of misjudged case has occurred and been stopped, but even more bizarre absurd and fantastic, it is the era of a "cup".Misjudged case occurred, in addition to the "relevant departments" to state compensation way, "generous" with "people's" money "people" of the debt, but also what work needs to be done, it seems much more important!