Lawyer's character

"What does the defendant's defender have to say about this evidence?" The presiding judge looked at Fang Yi, showing no emotion or sadness.

"The defender believes that the contents of Jiao Shangying's previous and subsequent statements are inconsistent and contradictory, and there are many unreasonable things. The authenticity of Jiao Shangying's statement that the defendant Deng Junshan was the murderer is doubtful and cannot be used as evidence to determine the facts in this case.

First of all, Jiao Shangying did not identify the murderer in his first statement after the incident, but in his first statement four years later, he claimed that he saw the murderer's face clearly and recognized him as his son Deng Junshan.

In her subsequent statement, she also claimed that she saw the outline of the murderer's face under his hat that looked very much like Deng Junshan. As soon as the murderer spoke, she knew it was Deng Junshan.

Jiao Shangying's above statement has obvious changes, especially the basis for judging the identity of the murderer is inconsistent, and the statement is formed in an unnatural way.

Secondly, Jiao Shangying stated that the murderer broke into the house on the night of the crime and said that Deng Lu had tortured people when he was a village cadre before, and that he was here to take revenge. If Deng Junshan deliberately made up a lie to cover up his identity, then why did he go and pinch him face to face? Jiao Shangying's neck, isn't it afraid that Jiao Shangying can see his face clearly and hear his voice? Obviously, Jiao Shangying's statement is illogical, cannot be explained, and its authenticity is doubtful.

Finally, Jiao Shangying stated that the murderer held a wooden stick in his right hand to commit the crime, but he also reflected that Deng Junshan was left-handed and a left-handed person, but he used a wooden stick in his right hand to commit the crime when he was highly nervous. This in itself is inconsistent with logic and daily habits.

Therefore, Jiao Shangying's report and testimony are doubtful and cannot be used as evidence for conviction in this case. complete. "Fang Yi issued a cross-examination opinion.

"The prosecutor continues to present evidence." After listening to Fang Yi's cross-examination, the presiding judge frowned slightly, feeling that this matter was a bit strange.

"The ninth piece of evidence is the defendant Deng Junshan's confession before the trial: Many years ago, he and Deng Lu separated after getting married. He had always had objections to Deng Lu's unfair distribution of family property, so he hated Deng Lu.

Because of the family separation, he was embarrassed at his parents-in-law's house. On the night of the incident, he drank wine at his father-in-law's house. The more he thought about it, the angrier he became. So he took advantage of his wife and children not being at home to find a hoe handle. I cut off one end of the hoe handle with a saw and kept it at home. I took the remaining section to my parents' house.

Because he was afraid of being discovered by others, he found a piece of black cloth to cover the area below his nose, put on a khaki soft hat, a pair of string gloves, and also took a flashlight.

He pried open the door and entered Deng Lu's house. He first took out the pliers from the drawer of the table in the main room and cut off the wires in Deng Lu's bedroom. Then he went in and lifted off the quilt on Deng Lu's body. He took half a hoe in his left hand and hit Deng Lu on the head.

When Jiao Shangying was getting ready, he hit Jiao Shangying on the head and hands. Then, he grabbed Jiao Shangying's neck and asked where the money was. Jiao Shangying said it was in a small box on the kang. He took out all the money and put it in his pocket.

Because he was afraid that Jiao Shangying would go out to call someone, he tied up Jiao Shangying's feet with a rope. Deng Lu remained lying on the bed without moving.

After leaving the scene, he burned the blood-stained shoes and clothes he wore when committing the crime. He was too nervous and left half of the wooden stick used in the crime at the scene. The other piece of the wooden stick that was sawed off and the gloves used in the crime were left behind. In his own home, he was thrown into a pig pen. In order to confuse the public security organs, he also picked the lock on the box in his house. Additionally, he admits that he is left-handed. "The female prosecutor gave evidence.

"What objection does the defendant Deng Junshan have to this evidence?" The presiding judge stared at Deng Junshan in the dock with an expressionless face.

"I have objections. I don't agree with this evidence. I signed the confession only after I couldn't bear it anymore. I never said anything like this. The confession is not true." Deng Junshan said with excitement.

The confession was reversed in court!

Fang Yi and Cao Yongzheng were both moved in their hearts. Sure enough, there was a problem, but after all, there was no evidence and it was difficult to prove it.

"The defendant's defender will cross-examine this evidence?" the presiding judge said.

“The defender believes that this evidence is untrue and cannot be used as evidence to determine the facts of this case.

First, Deng Junshan confessed that he committed the crime while masked, while Jiao Shangying claimed that the murderer was not masked. Jiao Shangying stated that the murderer held a stick in his right hand to commit the crime, while Deng Junshan confessed that he held a stick in his left hand to commit the crime. There were obvious contradictions in the evidence of both parties.

Secondly, Jiao Shangying stated that Deng Lu kept humming after being beaten. Later, the murderer took two brown ropes from the house and tied her and Deng Lu's feet. Deng Junshan confessed that he hit Deng Lu on the head with a wooden stick, and later tied Jiao Shangying's feet with a rope. Deng Lu remained lying on the bed without moving. The two men had conflicting descriptions as to whether Deng Lu's feet were tied.

Finally, Deng Junshan confessed that he left the wooden stick used in the crime at the scene, left the other section of the wooden stick that had been sawed off in advance and the gloves he wore when committing the crime at home, and also pried open the lock on the box in his house in order to Create a false impression to avoid suspicion.

The defendant Deng Junshan is a mentally normal adult. According to ordinary people's thinking, the safest way should be to destroy all evidence related to the crime. After committing the crime, Deng Junshan burned the clothes, shoes and black cloth he wore, but took the string gloves home. He also left the wooden stick used in the crime and a section of the wooden stick at a place where the connection can be established. In the two scenes of the relationship, this is obviously unreasonable.

The statement of victim Jiao Shangying and the confession of defendant Deng Junshan are evidence materials that directly prove the facts of the case. Jiao Shangying's statement is inconsistent, and Deng Junshan later retracted his confession. Moreover, there are some key details between Deng Junshan's confession and Jiao Shangying's statement. There are also fundamental contradictions.

Therefore, the defender believes that the basic facts of the case cannot be determined through the above evidence. complete. "Fang Yi issued a cross-examination opinion.

His intention is very clear. Although the existing evidence cannot directly prove the defendant's innocence, the key evidence provided by the prosecutor's office is inconsistent and there are contradictions between the evidence. As long as this is grasped and the judge is doubtful, the evidence provided by the prosecutor's office cannot form a If there is a complete chain of evidence, it will be difficult to convict in this case. There is no doubt that the defendant is not guilty, and the court is very likely to find the defendant not guilty. This is the defense plan he and Cao Yongzheng decided on.

…

“The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around the disputed facts that have not been certified by the court and the issue of how the law should be applied based on the facts.

The prosecutor will speak first. "said the presiding judge.

"Presiding judge, judge: The defender believes that the defendant Deng Junshan had conflicts with his father Deng Lu over issues such as family separation and house building, so he deliberately murdered... Deng Junshan's behavior has constituted intentional homicide and robbery, and he should be punished with several crimes We recommend that the defendant be sentenced to death. Over." The female prosecutor spoke. (End of chapter)