How did Zhao Xinjian determine that he killed the victim in the unjust case?

Zhao Xinjian, Anhui Province, the 2nd1criminal misjudged case, was released for 8 years for "killing and raping a corpse".

Zhao Xinjian, a farmer from Bozhou, Anhui. 1In the early morning of August 7, 1998, a 17-year-old girl was killed in Xingzhuang Village, Huatuo Town, Qiaocheng District, Bozhou City, Anhui Province. Zhao Xinjian, a villager in this village, found clothes and slippers at the murder scene, and Zhao Xinjian's nightmare began. He was finally sentenced to death with a two-year suspension.

It was not until the murderer was arrested that Zhao Xinjian's grievances were cleared up. On June 23, 2006, the Qiaocheng District Public Security Bureau of Bozhou issued a release notice, and Zhao Xinjian was released on the grounds that he had no criminal facts.

1August 7, 998, June 16 of the lunar calendar, sunny and sunny.

At two o'clock in the morning, suddenly a piercing cry broke through the night sky: "Yan Yan, what's wrong with you?" Come on, kill someone ... "

Xingzhuang Village, Huatuo Town, Bozhou City, Anhui Province, was originally a quiet small village and suddenly "boiled": crying and shouting became a sound.

After receiving the alarm, Bozhou Qiaocheng police and local police station immediately rushed to the scene to investigate and collect evidence.

The deceased was Xing Moumou, a 0/7-year-old girl from the village/KLOC. According to Xing Lushi, the grandmother of the deceased, she was awakened by the noise outside the house and didn't realize anything at first. Because I haven't slept for a long time, I went to another room to see if my granddaughter Xing Moumou had covered a mosquito net. Seeing this scene, Xing Lu was shocked: in the moonlight coming through the window, Xing Lu saw that her granddaughter was "naked" and went to pull the lamp, only to find that the lamp line was broken. Xing Lu "My brain is paralyzed and I feel something is wrong."

Xing Lushi touched her granddaughter and shouted. At this point, Xing Moumou has died.

According to the police's on-the-spot investigation record and the on-the-spot investigation video at that time, Xing's death time was about 1 in the morning, and there was a blue T-shirt with vertical white stripes and a pair of plastic slippers on Xing's bed at the crime scene. In addition, the police also extracted some hair at the scene.

The forensic autopsy report proves that Xing Moumou died of mechanical asphyxia caused by blunt neck.

To make matters worse, Xing was not only killed, but also raped. This caused a great shock in the rural areas with simple ideas, and also brought great harm and pain to Xing's relatives. Shortly thereafter, Xing's mother went insane and ran away from home.

Since many items that were not the home of the deceased were found at the crime scene, the police regarded these items as important physical evidence and conducted a key investigation.

The villagers quickly recognized that the T-shirt left at the crime scene belonged to Zhao Xinjian, a villager in the same village. On the morning of the incident, Zhao Xinjian was taken to the Chengbei Police Station of Qiaocheng Public Security Bureau for questioning.

Said he didn't know how his clothes got to Xing's house. However, in addition to Xing's family, his family and other families were thieves that night. Clothes and slippers may have been left behind in a hurry after the thief killed someone. So, at dawn, the police station asked the young people in the village to identify him, and he also went. "At that time, I already knew that my clothes and slippers were mine, and my towel. If I take this case, will I go again? It's too late to escape! "

However, things are not as simple as Zhao Xinjian imagined.

That evening, Zhao Xinjian was taken to the Interpol Brigade.

The trial lasted three or four days. Zhao Xinjian said, "If you really can't insist, just admit it." Zhao Xinjian, after all, is not a party to this case. He doesn't know many details of this case. So his confession has obvious signs of fabrication. For example, investigators asked Zhao Xinjian how he got home after killing someone. Zhao Xinjian said he climbed over the wall to go home, but in Zhao Xinjian's previous confession, he said he opened the door and went in. So, why did Zhao Xinjian behave so abnormally? Why didn't the door open, and then he had to climb over the wall to go home?

The reason is to make Zhao Xinjian's behavior consistent with the scene. Because that night, except Xing Moumou was killed at home, there were four families in the village, including Zhao Xinjian, and there were obvious signs of climbing over the wall on the wall of Zhao Xinjian's house. Only after Zhao Xinjian committed the crime, he climbed over the wall and went home, which was in line with the objective facts.

Later, after the real murderer Li was arrested, he confessed. That night, he climbed over the wall and entered Zhao Xinjian's house. He took his T-shirts, towels and slippers to Zhao's yard to dry, and then discarded them at the scene where Xing was killed.

More outrageous than this confession, there is Zhao Xinjian's confession about how to break the electric light line in Xing's room.

According to the account, in order to prevent Xing from turning on the light after waking up, the light wire was broken before committing the crime: "Look for a white glass bottle in the south of Dongwu, and find a brick on the spot to smash the bottle, so as not to be heard, just when his mule stepped on the ground and smashed it", "I took a piece of glass slag back to the house and cut off the light wire", "The glass slag was placed in the south of Dongwu, together with other bottle slag", and left after killing Xing Moumou.

A case handler has now read this confession and thinks it is unreasonable. He said that Xing's grandfather slept in the middle of the yard that night and broke the glass bottle. It should be quite loud. Know that there are people in the hospital who dare to smash glass bottles, does Zhao Xinjian dare? Afraid of being heard, he smashed the mule when it kicked the ground. Did Zhao Xinjian master the rhythm of breaking bottles so well? It is not necessary to cut the lamp wire with glass slag, and put the glass slag together with other bottle slag after cutting.

Zhao Xinjian said that after he admitted to killing someone, he was sober, and killing was decapitation. Thinking of this, he regretted it again. Why should I admit that I didn't kill anyone? Therefore, when he was summoned again, Zhao Xinjian retracted his confession and completely denied the facts of the crime.

However, because Zhao Xinjian admitted to killing someone, he fell into the abyss of nightmares.

Doubts abound, but it has become an "iron case"

Zhao Xinjian's case is full of doubts, but Bozhou court sentenced Zhao Xinjian to death twice, once with a two-year suspension.

In Zhao Xinjian's judgment, Bozhou Intermediate People's Court described that after trial (the "factual process" of Zhao Xinjian's confession of murder and rape), the evidence of the above facts was the confession of the defendant Zhao Xinjian ... the forensic examination report ... the testimony of the witness ... The evidence was cross-examined, and the evidence could be consistent with each other, mutually confirmed and mutually confirmed. ...

There is a dialogue with the deceased Xing Moumou in Zhao Xinjian's confession, which is very telling:

Zhao Xinjian said: I patted her (Xing Moumou) on the arm. She woke up and sat up. (Xing Moumou) asked "Who" and I said "I". She asked me "what are you doing now", and I said "come and play with you" ... then she said "you can go", I said "I'm not leaving" and she said "I'm not leaving". She was about to shout when she opened her mouth, so I covered her mouth with my right hand. ...

This "situational dialogue" took place before Zhao Xinjian was murdered. Later, the investigators who reviewed the case felt that the plot was too "humorous". In the middle of the night, a girl talked with an unexpected guest for a long time. What's more, Xing Moumou's grandmother is sleeping in the main house, and Xing Moumou's grandfather is still sleeping in the yard. It is out of the question.

Zhao Xinjian's father, Zhao Jianhua, said that the verdict contained witness statements, but these statements had nothing to do with Zhao Xinjian. The witnesses mentioned were several villagers who found someone entering the house that night. "They only said that someone entered the house that night, and the appearance of the people they saw was very different from that of Zhao Xinjian. How can this be evidence of the murder of Zhao Xinjian? "

These witnesses are villagers who saw the murderer that night.

Shi Chaomin, a villager, confirmed that he and his wife and children were sleeping in the yard at about 12 that night and found one person entering the hospital and being found by his wife. He and his wife were about to drive away when the man turned and ran away. "The man looks stocky and stocky, outcropping around 20 years old, about 1.6 meters, barefoot and bare-backed, wearing dark pants. It seems that he is not from this village."

Xing Dapeng, a villager, confirmed that she fell asleep next to her mother's bed in the room at the east end of the hall at night. When the bed moved, she pedaled twice and felt alone. She called mom, and the man went out on his stomach. The man described by Xing Dapeng looks roughly the same as that described by Shi Chaomin.

It was June 16th of the lunar calendar, and the moonlight was bright. The villagers saw the physical characteristics of the man relatively clearly and thought that he was not from the village. Zhao Xinjian is about 1.7 meters tall and thin. Besides, Zhao Jiahe, Xing Dapeng and Shi Chaomin live very close. If Zhao Xinjian were here, they would recognize him easily.

"Because of this, combined with the physical characteristics mentioned by the villagers, Li Moumou of Zhouzhuang, a neighboring village, was also summoned to the police station on the same day and extracted hair for inspection. I don't know that Li Moumou is not prepared to be run away by the caretaker. " A police official said that because there were many pieces of clothes on the scene, he really focused on the breakthrough and ignored Li Moumou. Until the inspection report of the Ministry of Public Security came out on August 18 of that year, it was found that the blood type of hair extracted at the scene was O type, which was consistent with that of Li Moumou, but not with that of Li Moumou.

The evidence should have been comprehensively examined in court, but it did not attract enough attention from the court. Zhao Xinjian's attorney Shi Xiaowen recalled that although he raised all doubts and made it clear that there was no direct evidence to prove that Zhao Xinjian had committed a crime, the judge did not accept it.

Although the Anhui Higher People's Court sent the death sentence of Bozhou Intermediate People's Court back for retrial twice on the grounds of "unclear facts and insufficient evidence", Bozhou Court finally sentenced Zhao Xinjian to death with a two-year suspension.

During the investigation and trial of the Zhao Xinjian case, his family members repeatedly petitioned for grievances; Zhao Xinjian was sentenced to death, suspended for two years. The victim's family can't accept it, and they are also petitioning. Xing Moumou's murder case became a listed petition case in Anhui Province. This case attracted the attention of Qi Shuzhi, who was just the director of Bozhou Public Security Bureau at that time. He personally searched Zhao Xinjian's case file for review and found that there were major problems in the evidence. He demanded that Li be arrested at all costs.

On August 20, 2004, the pursuit team finally captured Li Moumou in the thatched cottage of the old Yellow River in Shandong.

After Li was arrested, he immediately confessed to the crime of killing Xing and raping the corpse, and denied any joint crime. At this point, the true face of Xing's murder case was restored.

On September 14, 2004, Li confessed the whole process of committing the crime.

At around 65438+1August 6, 998 10, Li couldn't sleep. He wants to go to Xing Moumou's house in Xingzhuang, a neighboring village, and escape from Zhouzhuang to Xingzhuang. When walking to the east bank of Xingmoumou South Pit, put slippers on the corner of the east bank of the pit. Because Xing Jia's door was closed, he went to Xing Dapeng's house, turned into the hospital from the east wall of his house, and entered the east room of Xing Dapeng's house. Xing Dapeng was awakened and kicked Li Moumou, who hurriedly climbed over the wall to escape. After staying for a while, I saw that it was nothing, so I went barefoot to Shi Chaomin's house to do something bad to Shi Chaomin's daughter. Just entering Shi Chaomin's yard, he was discovered by Shi's wife, and Li quickly ran away. After seeing nothing, Li went barefoot to the east wall of Xing's house, climbed the brick pile and turned into the wall. Seeing a snoring old man asleep in the yard, Xing's door was not closed, so he quietly went in and took a flashlight to look at the room. He found an iron bed in the west, and Xing Moumou slept on the bed with his head facing south and his feet facing north. Li Moumou came to Xing Moumou's bed and wanted to do something wrong. Xing reached out to pull the light rope, and the result was torn off by Li Moumou. Li was afraid that Xing would scream, grabbed his neck until he didn't move, and raped Xing. Subsequently, Li Moumou jumped out of the wall and came to Xing's home. Li was afraid of being exposed and thought that he had just been released from reeducation through labor, so he had the idea of framing. So I went in from the western wall of my home, stole an undershirt and a pair of plastic slippers, and returned to Xing's home the same way, put my undershirt on Xing's bed, and put the slippers under Xing's bed, and then returned the same way. ...

Li's account is consistent with what happened in Xingzhuang that night. The time sequence of Li entering the homes of four villagers is also consistent with the situation reflected by the villagers. Qi Shuzhi, director of Bozhou Public Security Bureau, said that although Zhao Xinjian's clothes and slippers were left at the scene, they were indirect evidence. The root of the error in Zhao Xinjian case is that in the absence of direct evidence, Zhao Xinjian's "criminal facts" are completely proved by indirect evidence.

He said that correcting this misjudged case may be exposing his own shortcomings. "This is just a mistake in law enforcement, but it is a lifelong disaster for the parties and their families."

On June 6, 2006, 65438, the Higher People's Court of Anhui Province made a criminal rulingNo. (2006) 000 1, ruling to revoke the ruling No.230 of the Higher People's Court of Anhui Province and the judgment No.005 of the Intermediate People's Court of Bozhou City of Anhui Province (2003).