What is the review result of rape and murder cases before Anhui High Court 18?

Anhui Higher People's Court Retries/Kloc-Rape and murder case 0/8 years ago: 2 out of 5 people involved were acquitted.

Che Xuefeng was one of the five defendants and was acquitted in 2004.

It has been 14 years since he was acquitted, and Che Xuefeng often wakes up in the middle of the night. In his sleep, his younger brother Che Chao was hurt all over, crying and saying that he was also wronged. It was dark outside the window, and Che Xuefeng sat up and swore.

18 years ago, Brother Che was involved in a rape and murder case. June 65438+10/October 65438+July 2000, 16-year-old female student Wang was killed in Zhaolou Village, Chengguan Town, Guoyang County, Anhui Province. Six months later, the police investigation found that Wang's neighbor, the Che brothers, Che Xuefeng's cousin Li Yong and Che Xuefeng's comrade Jing were suspected of committing major crimes, while Che Xuefeng's mother Xie Guangying was suspected of perjury.

At that time, Che Chao's new wife, Wang Xia, was four months pregnant. Her family has repeatedly advised her to abort the fetus and start over. When meeting at the detention center, Che Chao also said to himself: "If there is a suitable one, find it again." Wang Xia did not listen to these suggestions. She waited 18: "I don't believe he can do such a thing."

In this case, five people were involved in prison and their sentences were changed three times. In June 2004, the Anhui Provincial High Court finally ruled that Che Chao and Li Yong both constituted the crimes of rape and intentional homicide, and sentenced them to suspended death and life imprisonment respectively. Che Xuefeng and Jing were acquitted.

So far, Che Chao and Li Yong, who have already served their sentences in prison, are still complaining. In this case, the Anhui High Court has officially filed a case for review recently.

Chechao wrote a complaint in prison.

It took half a year to solve the case.

It has been 18 years since the overtaking case occurred.

June 5438+1October 65438+August 2000, Wang Fujun, a resident group of Zhaolou, Zhulou Neighborhood Committee, Chengguan Town, Guoyang County, reported that at 7 o'clock in the morning, Zhu Fulin, a villager, found a girl's body in front of her mother-in-law's house. Two sweaters were pulled over the top of the head, pants were off to the knees, and the lower body was exposed, and the body was covered with frost.

According to the field survey records, the north-south road to the north of the village is about 300 meters away from Ziguang Bridge, and there are many traces of trampling and dragging. There are two lines of footprints next to the drag marks, and there is an exercise book, a glove and a woman's shoe next to the footprints. On the south side of the brick pile 80 meters south of the body, there is a cotton-padded jacket and a red blouse. The police also extracted half a bloody brick from the scene.

Villager Wang Jihua said that his Queen Moline went to school at 65438+ 17 in the afternoon and never came back the next day. The police later confirmed that the dead girl was Wang. After forensic identification by Guoyang County Public Security Bureau, Wang died of craniocerebral injury caused by blunt instrument.

Che Xuefeng and Wang Jihua are neighbors. Che Xuefeng recalled that when the news came, the Wangs collapsed and cried. The scene is very sad. Someone died in the village. He was a neighbor. He also felt sad.

The next day, Che Xuefeng didn't go to work in the local taxation bureau as usual. He and his father and brother Che Chao, as three members of the Che family, helped the Wangs carry the coffin and arrange the funeral. "I never thought that the fate of several families would change overnight."

The murder case near Ziguang Bridge, which symbolizes auspiciousness, became a black topic in the street for a time. Soon, Guoyang County Public Security Bureau was established 1? 17 the task force searched the whole village for suspects.

The initial investigation was not smooth, and the clues were ruled out in turn. Half a year has passed, the case has not been solved, and it has been in a protracted situation.

In July of that year, it coincided with the senior high school entrance examination, and the teachers and students in the third middle school where Wang was located had great opinions. The county public security bureau formed a new task force and ordered it to solve the case within a time limit.

The villagers said that the case has never been solved and the Wangs are also very anxious. Once, she accompanied her aunt Wang to Zhabei to find a fortune teller. "At that time, it was only said that it was in the southwest, and there was no other information."

Che Xuefeng said that the relatives of the deceased checked the households in the southwest of the Wang family. Except for the old, weak, sick and married, it was estimated that it was the head of Che Chao. At that time, the car was over 22 years old, male, about to get married at the time of the crime, living alone in a new house. Che Chao thus became a suspect.

Later, Che Xuefeng, his cousin Li Yong and his comrade-in-arms Jing were also taken away by the police.

200165438+February, Bozhou Intermediate People's Court made a first-instance judgment and found that four people, including Che Chao, were drinking at Che Xuefeng's house that night. Che Chao and Li Yong left early, and they happened to meet Wang who came back from school. They were very sad and dragged her to the north of the village, trying to commit violence. Che Xuefeng came here after seeing Jing home.

After that, Che Xuefeng watched the wind, and the other three raped Wang successively. After waking up, Wang ran south, was caught up by four people and slammed his head with bricks, causing his death. The four quickly fled the scene and agreed that no one should bite anyone.

Bozhou Intermediate People's Court ruled that Che Chao and Jing both constituted rape and intentional homicide, and were sentenced to death respectively. Li Yong was given a lighter punishment for being a minor at the time of committing the crime, and was sentenced to life imprisonment together with Che Xuefeng. In addition, Xie Guangying, the car mother, was sentenced to two years in prison for perjury for "concealing the fact that four people were drinking and eating at home that night".

A house was built at the scene of the crime.

"A firm plea of not guilty"

Recalling the case handling experience of 10 years ago, Wang Jisheng, a 70-year-old lawyer, still has a lingering fear.

As Che Chao's defense lawyer, Wang Jisheng made a "resolute plea of innocence" from the very beginning. "The facts of this case are unclear, there are too many doubts and insufficient evidence. I knew what was going on at a glance. "

In her decades of career, she almost never lost a lawsuit. This time, Wang Jisheng is full of confidence. She found that the so-called "iron case evidence" of the case handlers was full of loopholes.

For example, Wang Jisheng pointed out that there are regulations in the Supreme People's Procuratorate that the appraisal conclusion of CPS multi-channel psychological test cannot be used as evidence in criminal proceedings. Thereafter, when the case was retried, the prosecution voluntarily withdrew the evidence.

There are also doubts in the two opinions on police dog appraisal. Shortly after the incident, the case-handling personnel twice sent bromine from male villagers of school age (including Che Chao) to the police dog base for identification, but failed to determine the identity of the suspect. After half a year, Che Chao was detained, and the police dog base suddenly issued two appraisal reports, saying that the police dog had obvious bromine reaction to Che Chao.

The appraisal report, which was produced only half a year later, could not stand the cross-examination of Wang Jisheng's two court sessions and was withdrawn by the prosecution at the third court session.

Wang Jisheng said that at the end of the first trial, the presiding judge said: "After the court debate, I have a new understanding of this case, but I can't make a judgment in court and I still need to report to the judicial Committee." Her heart was filled with joy: "Obviously, they also know that this case is unjust." However, the verdict is quite different from expectations. "Two death sentences, two life imprisonment, everyone is dumbfounded."

A lawyer asked Wang Jisheng: If they can't get the money, should they be helped to continue their work? "

Wang Jisheng did not hesitate: "Of course, I must continue."

The five defendants refused to accept the appeal. Four months later, the Anhui Provincial High Court ruled that the original judgment was revoked and sent back to Bozhou Intermediate People's Court for retrial on the grounds of unclear facts and insufficient evidence. After the retrial, the charges of the five people did not change, the only difference was that the death penalty was changed to a suspended death sentence, and the sentences of the others were the same as those of the first instance.

The five defendants appealed again.

Che Chao's wife Wang Xia has been waiting for 18 years, and she firmly believes that her husband is innocent.

"Covered in blood, he was taken into the cell."

In the appeal materials, Che Chao and Li Yong claimed that the investigators tortured them to extract confessions: "After the fight, they hung from the steel pipe in handcuffs, with their heads against the wall and their feet barely touching the ground. I fainted several times when I hanged myself. "

Che Chao and Li Yong said that the investigators also asked them to take off their clothes and beat their genitals, head, face, hands and feet with electric batons.

Li Yong's father, Li Shiming, said that when he met his son, he saw that his arms were still different in thickness, and there were stitches on his head.

When they first entered the detention center, Che Chao and Zhou Jikun lived in cell 1 10 of Guoyang County Detention Center. 1997 Five people surnamed Zhou, including Zhou Jikun in Guoyang County, were involved in a murder case, and Zhou Jikun was the first defendant. This case is called "five-week homicide" and was rehabilitated in April this year 1 1.

On the third day after his acquittal, Zhou Jikun went to Che Chao's house and said, "Some investigators not only participated in the' five-week murder case' to extort a confession by torture, but also persecuted Che Chao."

Zhou Jikun said that he saw with his own eyes that Che Chao was covered with blood and was carried into the prison room. His mouth is red and swollen, so he can't eat. Zhou Jikun can only feed him with a spoon.

In response to the accusation of extorting a confession by torture, the case-handling personnel issued a statement denying it. However, Che Chao, Li Yong, Che Xuefeng and Jing were once identified as minor injuries, and the statement of the case handlers could not be reasonably explained.

In the complaint materials, Che Chao also wrote that he was lured by a policewoman. The other party sends him meals every day, saying that he will treat him as a son. On September 22, 2000, Che Chao wrote a letter to his family on a piece of United cigarette paper, saying that he had recognized a godmother who was very kind to him.

At the same time, Che Chao also let his parents admit that on the night of the incident, Che Chao and his brother Che Xuefeng, cousins Li Yong and Jing ate and drank together at home. "I and Gao Zi, elder brother, in the evening the main (column) son 17, drink 2000, you have to become a (bear). Stop talking, only in this way can we be saved. "

In order to enhance the credibility, the case handlers even handed the clothes and letters that the policewoman bought for Che Chao to Che Jia through the villager Jia Guangxian.

Jia Guangxian recalled that the letter was written with two colors of pens and the clothes were a brand-new pair of blue jeans. "I didn't know it would trap them. I regret it and am willing to testify for it. "

I got a description written by a policewoman from an insider, saying that the case handler told her to tell Che Chao, "Don't retract your confession, even if you admit it, you will be sentenced to five or six years." She thinks the child is very sensible and she is helping him.

Li Yong's complaint materials said: "Che Chao told me, admit it, you don't admit that we are both beaten every day. He also said that your parents were locked up by them, and if you admit it, let your parents go. After listening to this, I couldn't stand being beaten again. I listened to Che Chao and asked Che Chao to say something. I also learned one. "

Li Shiming recalled that his son had dinner at home that night. After watching "Family Storm" and "Food" on Channel 3 of Guoyang County TV Station, the family went back to their room to sleep. "No li yong, car super disorderly bite. After that, I was angry with his father. The two were relatives and then I stopped talking. "

Che Xuefeng expressed his understanding of his brother's "disorderly bite": "We were later arrested and admitted our crimes. There is no way for the case handlers to extort confessions by torture. "

Che Chao wrote to his family and apologized for his guilty confession.

Anhui high court filed a case for review.

After Che Chao and others appealed for the second time, on June 5438+ 10, 2003, the Anhui Provincial High Court again revoked the first-instance judgment on the grounds of unclear facts and insufficient evidence, and sent the case back to Bozhou Intermediate People's Court for retrial.

In April 2004, Bozhou Intermediate People's Court made a judgment after the third trial. In the case of no change in the evidence of conviction, the judgment declared Jing and Che Xuefeng not guilty on the grounds of "only the confession of the defendant and no other evidence to support it". Che Chao was still sentenced to death and Li Yong was sentenced to life imprisonment.

After the defendant appealed, in June 2004, the Anhui Provincial High Court sentenced Che Chao to a suspended execution, and the others remained unchanged. After the verdict came into effect, Che Chao and Li Yong were transferred to prison to serve their sentences, while Jing and Che Xuefeng were able to leave the detention center.

Che Xuefeng, who was acquitted, was filled with indignation: "Isn't it ridiculous to convict two people according to their guilty confessions? The difference is so big, can the confession be used as evidence? "

In order to plead for his younger brother Che Chao and his cousin Li Yong, Che Xuefeng said that his complaint "cannot be pulled by Wuling's car". When he thinks of something that he can't remember the details, he gets up in a hurry and beats his head for a while.

At present, Wang Jisheng does not represent Chechao. When talking about this case, she pointed out that Li Yong's footprint test, one of the evidence of conviction in this case, had problems.

Previously, in the process of representing this case, in order to save money for the family, Wang Jisheng had retired from the hotel and stayed at Li Yong's house. She took the opportunity to observe the shoes that Li Yong usually wears. "The child's feet are not big. When walking, his feet are inward, causing serious wear on the inside of the heel. " In the case file, Li Yong's "Footprint Inspection and Appraisal" is described as follows: Li Yong's walking feature is lateral heel force.

Grasping the problem of footprint identification, Wang Jisheng questioned: the footprint on the north side was identified as Chechao, with a length of 28.5cm or 29.5cm and shoes of more than 47 yards, while the shoes worn by Chechao were 39 yards. However, the court ruled that the identification of footprints reflects the specificity of footprints, "there is no contradiction between the two."

According to the complaint materials of Che Chao and Li Yong, the shoes used by the task force for simulation comparison are much bigger than their feet, so they can only wear shoes in the way of "little feet wear big shoes" for simulation comparison.

In the case file, Yvonne Wang, an appraiser who identified Li Yong's footprints, listed that the shoe size of the footprints did not affect people's individual identification. An internal document of the case-handling organ questioned this. "Since the shoe size of the perpetrator at the scene does not affect the individual identification of the person, isn't it puzzling that the Yang Guo police tried their best to search for shoes similar to the crime scene?"

In the published paper, Wang Qingju also admitted that there are some problems in footprint recognition technology. "Without a huge database, it is impossible to verify the uniqueness of footprint recognition." According to public information, in many criminal cases, Wang Qingju's footprint identification was overturned.

Sichuan lawyer Zhang Shouyao participated in the appeal of the case this year. He also believes that the identification of footprints in this case cannot be used as the basis for finalization.

Zhang Shouyao introduced that there are three main methods for footprint recognition. Firstly, the smell source is identified by police dogs; The second is the identification of walking pace characteristics, that is, according to the walking habit characteristics reflected by the scene footprint and the suspect footprint, it is inferred that the scene footprint was left by the suspect. The third is to identify whether the shoes are the shoes at the crime scene according to the pattern type and wear trace characteristics of the shoes.

Zhang Shouyao said that generally speaking, the third method can solve the identity problem and can be used as the basis for finalizing the case. The first two are subjective. The identification method adopted in this case is mainly the second one, which is different from fingerprints and DNA and has the characteristics of exclusiveness and uniqueness. It can only point out the direction for the investigation and cannot be used as the main basis for finalizing the case.

Zhang Shouyao believes that there are still many doubts in this case. The case was confirmed as forced rape or even gang rape, but the criminal science and technology appraisal made by the public security organ said that the hymen of the deceased had no obvious damage, and the victim had no biological characteristics such as semen and other body fluids and other secretions. Moreover, the fingerprints, blood, body fluids and hair of Che Chao and Li Yong were not extracted from the body surface, clothes and murder weapon bricks of the deceased.

In response to complaints from Che Chao and others, the Anhui High Court has formally filed a case for review. Zhang Shouyao introduced that he learned from the Anhui Provincial High Court that the judge in charge of the review has confirmed that the case handlers are currently accessing the file from the Bozhou Intermediate People's Court according to procedures.

Source: Netease News