On December 30, 2009, the case of Li Zhuang, a lawyer from Beijing Kangda Law Firm, who was suspected of fabricating evidence and obstructing testimony, was heard in a public hearing at the People's Court of Jiangbei District, Chongqing, which could accommodate more than 200 observers. The first courtroom was packed. Li Zhuang said in court: "My behavior not only does not prove my guilt, but also proves that I am an excellent and responsible lawyer."

The defense is particularly powerful, and the defendant Li Zhuang himself He is an experienced lawyer, and he was defended by Gao Zicheng, the defense lawyer in the Chen Liangyu case, and Chen Youxi, a famous lawyer from Zhejiang. Due to the fierce debate between the prosecution and defense, the trial was still going on in the dark at the time of press deadline.

Li Zhuangliu’s request for collective recusal of judges was rejected

After 8 a.m. on the 30th, reporters from all over the country came to the door of Jiangbei Court one after another, and the court session was at 9:10 , it can be seen that the Lizhuang case has received widespread attention across the country.

As soon as the court opened, he shocked everyone with his words. After the judge read out the names of judges, prosecutors and defenders, Li Zhuang raised an objection in standard Mandarin: "I apply for the collective recusal of three judges, three prosecutors and two court clerks." There were boos in the auditorium. Li Zhuang believes that he was charged with fabricating evidence and obstructing testimony. The "victims" of both obstructions of justice were local courts. Therefore, the local court had an obvious interest in him, and "athletes cannot be referees at the same time." The presiding judge rejected the application on the grounds that the law did not explicitly provide for collective recusal.

Li Zhuang further proposed: "Then I will apply for everyone's recusal one by one. Three judges applied three times, three prosecutors applied three times, and one ***6 applications." The presiding judge also rejected it.

All five applications were rejected

After the prosecutor read out the "Public Indictment", the presiding judge asked the defendant if he had any objections. Li Zhuang replied: "I will make five application points first, and only on this basis will I raise objections. First, none of the eight witnesses listed in the "Public Indictment" came to court today, and I require the witnesses to appear in court; second, , I request a forensic appraisal of Gong Gangmo; third, I request the video and audio recordings from the detention center to allow the court to determine whether I induced Gong Gangmo to give false testimony; fourth, I request that the trial of this case be postponed, because this case is a derivative of the Gong Gangmo case I should wait until Gong Gangmo’s case is concluded before trying me; fifth, apply for a trial in a different place.”

The prosecutor replied that the witness did not want to appear in court and could not force it. Li Zhuang retorted: "The court has the right to allow them to appear in court. What's more, both Gong Gangmo and Ma Xiaojun are under the control of the police."

The prosecutor replied: "Jiangbei Detention Center said that it did not install video recording equipment." Li Zhuang Raising his voice: "When you arrested me, didn't you say that there was a video as evidence? Beijing received a clear telegram from the Chongqing police and also said that there was a video as evidence. I want to ask, who is committing perjury?"

The presiding judge rejected the five applications in court, and Li Zhuang uttered "crazy words": "The "Notification of the Defendant's Rights" given to me by the court clearly stated that I have these rights, but the presiding judge did not Rejected. You can just go out and relieve yourself, and then come back and discuss it with the collegial panel! Or just deprive me of my rights as a defendant."

Li Zhuang: Gong Gangmo claimed. Hanged for 8 days and 8 nights

After the trial resumed, the prosecutor believed that the forensic identification results showed that Li Zhuang's claim that "Gong Gangmo had been tortured to extract a confession" was completely false. But the details in the appraisal report caught Li Zhuang's attention: "(Gong Gangmo's) wrists were covered in pigment, which was caused by being hit with a blunt object. Doesn't this mean that he was tortured to extract a confession?"

Li Zhuang said: He met with the client Gong Gangmo three times at the Jiangbei Detention Center. "There was an iron window between him and Gong Gangmo, and there were two police officers inside and outside the window." "When I was looking through the interrogation transcripts of the suspects in the same case, I found that Gong Gangmo's name appeared very rarely. I suspected that he might not be considered the gang boss." So, in front of Gong Gangmo, he brought Fan Qihang, an important suspect in the same case, to the police. The transcript was read to him.

"Gong Gangmo started to complain. I asked the police to leave the interview room. According to the law, lawyers have the right to meet with the client alone. After the police went out, Gong Gangmo showed the wound on his wrist and said that he was lifted 2 meters by the police. It was so high that he was hung for eight days and nights. Sometimes he was hung by one hand, sometimes by both hands. His urine and urine fell directly to the ground. One of the policemen who beat him was Peng. "Li Zhuang said in court.

Public Prosecutor: Witnesses accused him of inducing false testimony

The prosecutor later produced a series of witness testimonial transcripts, which pointed out that Gong Gangmo was not tortured to extract a confession, but was an excuse that Li Zhuang induced him to fabricate. .

Among these witnesses include Gong Gangmo's cousins ??Gong Yunfei and Gong Ganghua, Gong Gangmo's wife Cheng Qi, and Ma Xiaojun, the "protagonist" who was brought to Beijing by Li Zhuang from Shijiazhuang to develop. Earlier, Li Zhuang also asked the local public security agency in court to release Ma Xiaojun.

These witnesses all testified to the police: "Li Zhuang taught Gong Gangmo to shout about being tortured to extract a confession during the court session, and acted out the scene of being tortured to extract a confession." Gong Yunfei also "shaked": "Li Zhuang showed off to me. I once defended a gangster in Liaoning, and the case is still pending."

Li Zhuang's defense lawyers later pointed out: "Gong Gangmo said on CCTV that Li Zhuang gave me a hint. I retracted my confession, and Gong Gangmo’s speculation obviously did not prove that Li Zhuang had instigated the crime. Some of the other witnesses said that Li Zhuang put his head to Gong Gangmo’s ear and whispered to him how to retract his confession; some said that Li Zhuang taught him directly how to retract his confession. ; Others said that Li Zhuang used body language to teach him how to retract his confession. The confessions between the witnesses were contradictory. "

The prosecution also had a piece of physical evidence: a note signed by Gong Gangmo, which said " "Refuse the People's Court to appoint a lawyer for me". The prosecutor believed that the purpose of the note was to allow Gong to retract his confession in court. If the court did not accept it, Li Zhuang would publicly withdraw from the court, allowing the case to be delayed indefinitely in the absence of a defender.

Li Zhuang: I have a video

Li Zhuang said in court: "When I met with Gong Gangmo, I made a video and audio recording, which is currently in Beijing."

< p>Li Zhuang said confidently: "Ma Xiaojun said that I taught Gong Gangmo what to say during the trial. I admit it. But is this illegal? Providing professional opinions based on summarizing the statements of the parties just proves that I am an excellent lawyer "

The defender believes: "Li Zhuang has not contacted any of the 180 witnesses in the Gong Gangmo case. As of his arrest, Li Zhuang has not submitted any evidence to the court in the Gong Gangmo case, and Li Zhuang has not fabricated evidence. ”