14 retrial of the former Fujian dismemberment case? On September 2 10: 40, Miao Xinhua, the murderer, walked out of the Jianyang District Court in Nanping City, surrounded by his family. Being wronged 14 years, finally ushered in the acquittal.
On April 6, 2003, a woman surnamed Yang was killed and dismembered in Shuangcheng Town, Ningde City. Her ex-boyfriend Miao Xinhua was later identified as a suspect by the police. On June 5438+02, Miao Xinhua's father Miao Deshu, brother Miao Xinrong, Miao Guangxin and uncle Miao Jinjia were also acquitted. Father Miao Deshu didn't wait until this moment. On June 20 16, Miao deshu, who was involved in an unjust case and was convicted of sheltering, died.
The "truth" recognized in the judgment of unjust, false and wrong cases
14 years ago, a murder case occurred in Shuangcheng Town, Zherong County, a mountainous area in northern Fujian, which wronged Miao Xinhua's family of five. A woman named Yang Yanhui was killed and her body was dismembered. The body was abandoned in the depths of the mountains about ten minutes' drive west of Shuangcheng Town.
At that time, the judgments of the first and second instance of the court described in detail the whole process of killing, dismembering and dumping the body:
From the evening of April 6, 2003 to 7: 00 the next morning, it rained lightly in Shuangcheng Town. At noon that day, Miao Xinhua came to the place rented by the victim Yang Yanhui's mother. Seeing that Yang is going out with his cousin, let Yang go home at night. Miao Xinhua and Yang once talked about love, and the latter two got married separately.
That night, Miao Xinhua and his friends danced until 9 o'clock in the ballroom of Chengguan Regal in Zherong County, and went home to watch TV with his younger brother Miao Xinrong in the bedroom on the second floor.
At about 6:5438+00 pm, the victim Yang Yanhui came to Miao Xinhua's house with his phone book, keys and other items and knocked at the door. Miao Xinhua asked Miao Xinrong to go downstairs and open the door. Miao Xinrong went downstairs to open the door and took Yang Yanhui to Miao Xinhua's bedroom on the second floor.
Miao Xinhua and the victim Yang Yanhui sat on the bed and chatted while watching TV. Miao Xinhua was dissatisfied with Yang's introduction of the girl to go out to work, and did not participate. The two had a dispute. Miao Xinhua grabbed Yang's neck with his right hand and pushed Yang against the bedside wall for five or six minutes, causing Yang to die of mechanical suffocation.
Father Miao Deshu and younger brother Miao Xinrong heard movement in the next room and went to Miao Xinhua's room to see the victim Yang Yanhui lying on the ground. Miao Xinhua, Miao Deshu and Miao Xinrong agreed to dismember and dump the body, and * * * carried Yang to the bathroom on the first floor. Miao Xinhua instructed Miao Xinrong to go to the kitchen to get kitchen knives, chopping boards and other crime tools.
During this period, Miao heard voices in the bedroom on the first floor, got up and witnessed the whole process of dismemberment. Later, Miao Deshu instructed Miao Guangxin to let his uncle Miao Jinjia drive the agricultural vehicle. After Miao Jinjia arrived, Miao Deshu told him the truth.
Accused of being a tractor transporting dismembered bodies? Image source: Beijing Youth Daily?
Later, Miao Jin, Miao Xinhua, Miao Deshu, Miao Xinrong and Miao drove an agricultural tractor to transport the packaging bag containing the victim's body, clothes, shoes and other things to an abandoned old house on Shilouping Mountain, Fujigang Village, suburban township of Zherong County, and discarded it.
On April 19 of that year, a woman who went up the mountain to pick tea found the body and reported it to the police. The police immediately locked Miao Xinhua and other five people.
65438+2004, Miao family cried.
More than two years after Yang Yanhui's murder, Miao Xinhua's family of five went through the first trial twice in Ningde Intermediate People's Court and the second trial twice in Fujian Provincial High Court, but failed to get away with it and were unjustly sentenced.
After being sent back for retrial, on August 5, 2005, Ningde Intermediate People's Court sentenced Miao Xinhua to death again for intentional homicide and deprived him of his political rights for life. Miao Deshu, Miao Xinrong and Miao He were sentenced to 8 years, 6 years, 3 years and 3 years respectively.
On April 2 1 2006, the Fujian Provincial High Court made a final judgment, commuted Miao Xinhua's death sentence with a two-year reprieve, rejected the appeals of the other four people and upheld the original judgment.
The Miao family has been crying out for the court's decision. At home in Zherong County, a plaque with a red letter on a white background has been hung in the hospital, which reads "Tianda homicide case".
My younger brother Miao Guangxin once said to the reporter's camera, "Murder and dismemberment, I heard that the deceased is still pregnant, and a corpse has two lives, but this is a big case, and ten lives are not enough to shoot."
The eldest brother Miao Xinhua and the second brother Miao Xinrong also insisted on appealing in prison.
Miao Deshu, his father, suffered from various diseases after he was released from prison and died on June 20 16. Before I died, I told my family, "If I really can't wait for that day, don't bury me, I will die unsatisfied."
Miao Xinhua's uncle Miao Jinjia even denied driving a tractor to pull the body. He said that he didn't cry in court, and he cried on his knees every time he was arraigned.
Miao Xinrong, who graduated from junior high school, went to the Fujian Provincial High Court, the Provincial Political and Legal Committee, the Supreme Court and the Supreme People's Procuratorate after he was released from prison.
2065438+On July 28th, 2007, Fujian Provincial High Court retried the case. Miao Xinhua said the most in court: "I didn't do it."
The guilty confession was "illegally obtained"
Miao Xinhua's second brother Miao Guangxin went to the public security bureau with his father Miao Deshu on April 2 1 2003. He 18 years old that year.
Miao recalled that his father took him to the second floor of the Public Security Bureau and held him in solitary confinement. Those days in the public security bureau gave him the feeling that it was like a year.
The police asked him what happened in his house that night, and Miao said that he was completely confused and puzzling. He said, no. People say he is dishonest. Later he suffered a lot.
Lawyer Mao Lixin clearly pointed out in a complaint agency opinion provided to Beijing Youth Daily reporter that the guilty confessions of Miao Xinhua and other five people were obtained by investigators through illegal means such as extorting confessions by torture, inducing confessions and testifying, and should be excluded according to law.
A recorded evidence submitted by Miao Xinrong shows that defendants such as Miao Xinhua and Miao Deshu were tortured to extract confessions inside and outside the detention center.
After studying the case file in detail, lawyer Mao Lixin found that the confessions of five suspects were inconsistent, repetitive and full of doubts.
For example, the personal belongings of the victim Yang Yanhui have not been found so far. Miao Xinhua and other five people once said that they were thrown into the river when they were forced to confess, and later said that they were handed over to others, but the police did not find them after verification. "Because it is not Miao Xinhua and others who committed the crime, of course I don't know where things are." Mao Lixin said.
Miu's bathroom can't be a dismemberment scene.
The Miao family has sealed the bathroom on the first floor so that people can check this so-called "corpse scene" at any time. Anyone who has seen the bathroom can conclude that there is no room for three adults in it, let alone dismemberment in it.
Lawyer Mao Lixin said that there are three scenes in this case: killing, dismembering and dumping the body. The investigation organ collected and extracted some objective evidence, but it lacked direction and could not prove that Miao Xinhua and other five people had committed murder, dismemberment and corpse dumping.
The only thing that can connect Miao Xinhua and other five people with the corpse location is the hair extracted from the sewer of Miao's bathroom. The DNA identification of the public security organ confirmed that it was left by the victim Yang Yanhui, but the source of the hair submitted for inspection was unknown, so we can only rule it out and cannot identify it as the same root. This evidence can't prove that Miao Xinhua's bathroom is the dismemberment scene.
Lawyer Mao Lixin raised a series of questions about the evidence on the scene of dismemberment in the Opinion of Complaint Agency.
A key evidence identified by the court in that year was that the forensic examination report of Fujian Provincial Public Security Bureau confirmed that human blood was detected from the sewage in the bathroom, the wooden blocks on the ground side of the door frame of the bathroom, the tiles in the bath and the sawdust in the low cabinet of the bathroom.
According to the agent's opinion, in Miao Xinhua's bathroom, the so-called dismemberment site, no physical evidence related to the victim, such as blood, broken meat and bone fragments, was extracted except some hair from the sewer. Although human blood was detected at the "dark red suspicious spots" on the wooden block on the floor side of the bathroom, the ceramic tile in the bathtub and the sawdust in the bathroom cabinet, it was not detected that the blood was left by the victim Yang Yanhui.
In addition, the agent also suggested that the "chopping block" as a dismemberment tool was made of wood with an obvious crack in the middle. If it is really a crime tool, trace substances such as blood, minced meat and bone residue will inevitably penetrate into the gap in the middle of the "chopping block". But in fact, the victim's blood or any other trace substances were not detected.
Another important evidence determined by the court in that year was that the criminal technical appraisal of Liaoning Provincial Public Security Bureau passed the DNA test, and the possibility of confirming that the hair extracted from the sewer residue at the entrance of Miao Xinhua bathroom was Yang Yanhui hair was 99.999%.
According to the opinion of this institution, the hair extracted by the investigation organ in the sewer was identified by DNA as being left by the victim Yang Yanhui, which is unscientific and inaccurate. The agent's opinion States the reasons in detail from seven aspects, one of which is that the "witness" on the record of the on-site extraction certificate is signed "Chen" and is the driver of the investigation organ, and the identity of the witness is illegal. Because the record of the extraction record is not clear, it is difficult to determine whether the hair extracted here is the same as the hair sent for inspection later, which leads to the unknown source of the hair sent for inspection.
Mao Lixin said that the objective evidence is untrue and inconsistent with the guilty confession obtained by extorting a confession by torture, which is a * * * nature of injustice.
"Miao Xinhua's family of five was wronged, sentenced for retrial and acquitted. Very lucky. " Mao Lixin told the reporter of Beiqing Daily.
In June, 20 16, Miao Xinhua's case was collectively represented by Shangquan Law Firm. In February, 20 16, he submitted an agency opinion to the Fujian Provincial High Court, requesting retrial and revision. The Higher People's Court of Fujian Province made a decision on July 25, 20 17, and held a public hearing in Jianyang District Court of Nanping on July 28 to retry the case.
On the day of retrial, the trial lasted for 7 hours, and 10 all the defendants pleaded not guilty. The prosecutor in court also believes that there are problems with the evidence in this case, which is not enough to identify.
Relevant persons of the Fujian Provincial Higher People's Court said that in recent years, the Fujian Higher People's Court has retried a major mystery case almost every year, all of which were old cases that were completely changed without "reappearance of the real murderer" and voluntarily restarted the retrial procedure.