That afternoon, neighbor Wei Tianxu was building a house. Many people were invited to help in the village, and Wei Qing 'an was among them. He and several young people pull the soil in shifts.
Because his wife was about to give birth, Wei Qing 'an was not at ease and kept running back and forth when changing shifts. After 5 pm, Wei Qing 'an went home again. He looked at his wife and fell asleep in bed. About 20 minutes later, Wei Yumin, a village veterinarian, went home and gave the pig an injection. Wei Youlao asked his son to get up and help. When Wei Yumin left the needle, the sun had already set.
At about 5 pm, a rape and robbery occurred in Xin 'anling Village adjacent to Gan 'gou Village. Liu, a young woman, was raped by a strange man in her twenties and was robbed of her watch and handbag.
The case soon spread in the nearby village, and people talked about it and made various speculations.
On March 5, more than a month after the incident, all young people in Gangou Village were told to attend the meeting. Wei Youlao said that at that time, the village cadres only said that young people were going to a meeting and didn't know what a meeting was. Afterwards, everyone realized that the so-called meeting was actually deliberately arranged by the police to let the victim identify the perpetrator.
Wei Qing 'an was also told to "have a meeting". So he left home, leaving a daughter who was just full of months and never came back. The victim Liu glanced at Wei Qing' an and said to the police at the scene: "It looks like him, it seems a little low."
During the trial, Wei Qing' an argued more than once: "I must have mistaken someone. I have a scar on my face and a red mole. On the day of the incident, my left hand was injured and wrapped in gauze. At that time, my throat hurt and my voice was different. "
All Wei Qing 'an's excuses are in vain. As for the circumstances under which he admitted to raping and robbing Liu, it is still unknown. The only clue is that after Wei Qing 'an was executed, his family got back his quilt from the detention center. When they opened the package and cleaned it, they found a handwritten note sewn inside the quilt: "Dad, Mom, I'm sorry, I didn't commit a crime, and they insisted that I explain it clearly. I can't stand being beaten, so I have to say what they want. "
Wei Youlao still remembers that several policemen searched at home and finally found a bag, saying that it was the bag that was robbed when committing the crime. "I told them that this was the prize I gave at the meeting, with words printed on it. How did it become a stolen bag? " ?
After Wei Qing 'an was arrested, Wei You went to the case handlers of the county public security bureau. "I told them that Qingan could never do it. He has been building houses for his neighbors, and many people can prove that he has no time to commit crimes! "
When the case reached the court, Wei Youlao invited a lawyer from Yanshi County, a neighboring county, but the court refused to participate in the defense. Wei Youlao could not see his son in prison, so he had to repeatedly negotiate with the presiding judge: "This is a matter of life and death. You can't just sentence him. Can you give him a suspended death sentence? If he did it, I wouldn't even accept the body. My family can't afford to lose face. "
How did Wei Qing 'an decide? Not only did his family not get any news, but they never saw the verdict.
The reporter of "Rule of Law Weekend" learned through investigation that Wei Qing 'an's rape and robbery case was prosecuted by Gongxian (now gongyi city) Procuratorate. The Gongxian court sentenced Wei Qing 'an to death and deprived him of political rights for life for rape and robbery. Zhengzhou Intermediate People's Court upheld the original judgment in the second instance. 1On May 3, 984, with the approval of Henan Higher People's Court, Wei Qing 'an was executed on the same day.
According to relevant sources, after the verdict was issued, Wei Qing 'an refused to sign and asked the court to show evidence such as clothes and shoes he wore when committing the crime. During the execution that day, Wei Qing' an shouted: "This case is endless and will be clarified one day."
After Wei Qing 'an complained in the execution ground, the person in charge of the scene ordered the suspension of execution and urgently asked the leaders in charge of the Henan Higher People's Court. The leader pointed out that the secretion extracted from the victim's vagina was consistent with Wei Qing 'an's blood type, indicating that the judgment could not be wrong.
In the end, Wei Qing 'an, then 23, was executed. Wei Youlao learned that his son had been executed when he was told to collect the body.
The real murderer was arrested more than a month later.
Wei Qing 'an's prediction before the execution was soon fulfilled. 1June, 984, Luoyang Public Security Bureau arrested a thief named Tian (there was no legal title of suspect at that time). After being sentenced to death, the Higher People's Court of Henan Province reviewed his death sentence and was about to be taken to the execution ground. Tian took the initiative to explain the criminal facts of his rape and robbery of Liu to Luoyang Public Security Bureau.
When Luoyang Public Security Bureau checked with Gongxian Public Security Bureau, the police in both places could not help but be surprised that Wei Qing 'an, the criminal who raped and robbed Liu, had been executed six months ago. Now a field suddenly appeared. Was Wei Qing 'an killed unjustly?
The case was quickly reported to senior officials in Henan province, including prosecutors and the law. The relevant leaders of the provincial party Committee were extremely shocked when they learned of this incident. The Political and Legal Committee of the Provincial Party Committee decided to set up a joint investigation team led by the Provincial Procuratorate and composed of personnel from the Provincial High Court and the Provincial Public Security Department to review the Wei Qing 'an case.
Wang Shengzu, now retired, first accepted an interview with the rule of law weekend. At that time, he was the director of the criminal prosecution department of Henan Provincial Procuratorate, and was basically responsible for the review of cases. In addition, the members of the investigation team at that time also included Wang, then the chief procurator of the provincial procuratorate, the vice president of the First Criminal Court of the Provincial Higher People's Court, and Ge Zhongyu, director of the Provincial Public Security Department.
For the investigation team, the first barrier to go deep into the case is the screening of Wei Qing' an and Hotan. In almost all interrogation transcripts about the crime process, Wei Qing 'an's confession is very detailed, and even the description of the details is completely consistent with the crime scene; However, Tian's confession is very rough, and some places are inconsistent with the victim's statement.
Whose confession do you believe? In an era of criminal justice in which confession is still the main evidence and confession is the core of the case, it is very difficult to exclude confession.
Accordingly, the relevant leaders of the Henan Provincial High Court questioned, if Wei Qing 'an did not commit a crime, why did he explain the crime in such a detailed way that it was completely consistent with the scene? If Tian committed the crime, why is the process of committing the crime unclear and many details are different from the scene?
This is of course a problem. The main leaders of the provincial procuratorate and the two prosecutors, Wang Shengzu and Wang, who participated in the investigation, have found that Wei Qing 'an's confession looks very detailed on the surface, which is highly consistent with the victim's testimony and on-site investigation, but Wei Qing 'an's confession is extremely unstable. In the trial of 1 1, he made guilty confessions five times and retracted his confession six times. Among them, three transcripts recorded that Wei Qing 'an refused to admit the crime from the beginning of the trial, and the last two times completely refused to admit the crime and asked the public security organs to show their criminal evidence.
As prosecutors, they make vague judgments from the heart, which may be the result of extorting confessions by torture, inducing confessions and ordering confessions by the case investigation organ. But without any evidence to support it, this kind of subjective speculation will only cause more acute contradictions. So, they must look for evidence.
Open a breakthrough from key material evidence
The case happened at night. The victim Liu was riding his bike home. Suddenly, he was knocked down by a strange man who was also riding a bike. The bicycle was damaged and the two men argued. The man offered to help her repair her bike. Just then, a foreigner came to ask for directions.
After the man walked away, the man was fierce, dragged Liu to an abandoned water pump room nearby for rape, then snatched her watch, handbag and other things, and fled by bike.
At that time, Zhao Wenlong and Wang Shengzu, the procurator-general of Henan Provincial Procuratorate, visited the crime scene twice and found that the water pump room was located in the wild, which was a broken house with no doors and windows and ventilation on all sides. Zhao Wenlong pointed out that it is important to find out the whereabouts of the bicycle, coat and shoes worn by criminals, the whereabouts of the robbed watch and whether Wei Qing 'an committed crimes. At the same time, it is necessary to find out under what circumstances Wei Qing 'an confessed, and whether there is a confession by torture.
The investigation team found that Wei and Tian have great differences in the origin and direction of bicycles, coats, leather shoes and watches. Therefore, the investigation team decided to open a breakthrough from several key material evidences in this case and trace the whereabouts of the material evidences confessed by Wei Qing and Tian one by one to judge the authenticity of their confessions.
The first physical evidence: bicycle. Wei Qing 'an confessed that the bicycle he rode when he committed the crime that day was borrowed from his neighbor Xiurong Li's house, and later he said that it was borrowed from another neighbor Wei Tianxu's house, and his relatives left it at his house. Wei Qing 'an said that he couldn't remember what brand the bike was.
The investigation team found Xiurong Li and Wei Tianxu, both of whom confirmed that Wei Qing 'an had never borrowed a bicycle from them, and the previous case handlers did not know this detail from them.
The investigation team questioned Tian Jin, who confessed that he was riding a "Double Happiness" 28 bicycle on the day of committing the crime, which he stole from the railway protection team in the suburbs of Luoyang shortly before committing the crime. After raping and robbing Liu that day, he rode this car and fled to the nearby Yanshi County, leaving it on the outer wall of a barber shop.
The barber shop staff confirmed to the investigation team that there was indeed an abandoned bicycle at that time, which was sent to the public security bureau by the staff of the neighborhood Committee. The investigation team took Tian away and recognized him among a lot of bicycles in the yard of the Public Security Bureau. He recognized the "Double Happiness" 28 bicycle used in the crime at a glance.
In order to further confirm the authenticity of Tian's confession, the investigation team compared the evidence of bicycle tire marks extracted from the original on-site inspection with the car marks, which were completely consistent, proving that the bicycle marks left at the crime scene were the bicycles that Tian rode. Wei Qing 'an's confession about the origin of this car is fabricated.
The second physical evidence: the watch. Wei Qing's confession: After he raped Liu, he snatched the watch she was wearing and sold it to Luoyang. As for who it was sold to, he can't remember clearly.
Tian's confession is very detailed. After the rape, Tian took Liu's watch and kept it in his hand. Tian is a man who eats, drinks, gambles and kills people. He committed many crimes. He fled all the way to Zhengzhou to go whoring. In the end, he had no money to "pay the bill" and was sent to the Datong Road Public Security Office in Zhengzhou by a prostitute. The stolen watch was confiscated by the security Committee.
The investigation team traced the staff of the Security Bureau, traced the whereabouts of the watches, chased them all the way from the Security Bureau to the police station and then to the public security bureau in the jurisdiction, and found that there were many stolen watches collected here. The investigation team took the victim to identify him.
The victim Liu said that this watch was a gift from her brother-in-law when her sister got married a few years ago. The "Guangzhou" brand has been repaired in a watch repair shop in town. Facing the watches of various brands collected from previous cases in the public security bureau warehouse, Liu recognized her "Guangzhou" brand watches.
With the watch, the investigation team found the watch repair shop under the guidance of Liu. The watch repairman took the watch and said that he had a habit of making a triangle mark on the back cover every time he repaired a watch. When the master opened the back cover of the watch, he found a triangle mark.
The above plot shows that Wei Qing 'an's confession has no factual basis, while Tian's statement is completely true.
The third physical evidence: coat. The victim Liu confirmed that the man who raped her was wearing a coat. Wei Qing 'an's confession said that he went to water his field that day. Because it was very cold, he borrowed a coat from his neighbor Wei Zhenbao and wore it when he committed the crime.
The investigation team came to Wei Zhenbao's home and confirmed that it was a false confession because Wei Zhenbao didn't lend Wei Qing 'an a coat at all. And on the day of the incident, Wei Qing' an was helping his neighbors pull soil to build a house. How can he water his fields? This detail shows how sloppy the case handlers were at the beginning, otherwise the problem could be found with a little verification.
As for the origin of this coat, Tian's confession is as vivid as telling a story. Tian is from Yanshi, Luoyang. He usually lives in Baiyu Village, Huiguo Town, Gong County, adjacent to Gan 'gou Village where Wei Qing 'an is located. One day, he passed by a nearby village. Two farmers are fighting. One of them, Xu, took off his coat and asked Tian to hold it for him. Just as the two farmers were fighting tooth and nail, the despicable Tian took the opportunity to escape with his clothes. When I was whoring in Zhengzhou, my coat, like my watch, was temporarily detained by Datong Road Police Station.
Fortunately, in a short time, the investigation team asked the original owner Xu to identify a batch of coats collected from Datong Road Police Station. He found his coat easily; Let Tian identify it again, and he confirmed that this coat was the one he wore when he committed the crime.
The fourth physical evidence: leather shoes. Because the crime scene was a farmland, the footprints left showed that the perpetrator was wearing leather shoes with iron palms nailed to the soles. Wei Qing 'an confessed that when he committed the crime, he wore a pair of leather shoes with three joints and four iron palms nailed to the sole. At the same time, Wei Qing 'an also drew a pair of shoe soles, which are exactly the same as the footprints extracted from the crime scene.
But after careful investigation, Wei Qing's family never had three-joint leather shoes, let alone iron palms nailed to the soles. In that case, why can Wei Qing 'an skillfully draw the sole pattern that is completely consistent with the scene?
Attorney General Zhao Wenlong said at a seminar attended by "two senior high school students": "This is actually the result of coercion, inducement and deception, which is not credible at all. According to our investigation, during Wei Qing 'an's detention, investigators punished him by kneeling, binding, stabbing with electric batons, hitting with wheels, and not letting him sleep during the trial. What is even more infuriating is that when his family sent Wei Qing 'an a meal, they stuffed a note in the steamed bread and said in Wei Qing 'an's loving tone,' If the secretary wants you to admit it, just say what they want, just admit it. "
"As for the trace of the sole pattern at the crime scene, Gong County Public Security Bureau sent a' eyes and ears' named Yang. In order to obtain evidence, police officer Liu painted the leather shoes and handed them to Yang to induce Wei Qing 'an to take pictures. Even during the trial, Wei Qing 'an did not draw a circle, but Liu Dai did. This is the truth of the problem. " Zhao Wenlong said, "If there is no preparation in advance, who here can accurately draw their own shoe print patterns? So the more accurate the painting, the lower the credibility. "
Look at Tian's narrative again. After committing the crime, he changed the leather shoes he wore that day with his brother's. After several searches, the investigation team finally found Tian's brother in a coal mine in Shanxi, and confirmed that Tian's account was true. The two brothers' descriptions of the appearance of leather shoes are consistent with the scene.
At this point, the fact that Wei Qing 'an was killed unjustly is beyond doubt. What remains is to correct it through judicial procedures and the relevant departments will make compensation for the aftermath.
The case review encountered many obstacles.
The investigation team lasted for eight months and basically found out the whole case, confirming that Wei Qing 'an's rape and robbery case was an unjust case and should be corrected through judicial procedures. Wang Shengzu said that although the case was supported from top to bottom when it was put on file for investigation, later facts proved that those statements such as "acting according to law and seriously investigating" were more of a bureaucratic tone. In the process of case investigation, there are many obstacles, especially the original case-handling organ of Wei Qing 'an case, which not only did not cooperate, but deliberately made things difficult, creating many obstacles for the review of the case.
The investigation team headed by Wang Shengzu, then director of the criminal prosecution department, drafted the review report of Wei Qing 'an's case. At the briefing attended by the political and legal committees at the provincial, city and county levels and relevant personnel from the public, procuratorial and legal departments, the original case-handling organ first made a fuss, entangled some minor issues and tried to deny the investigation conclusion.
Wang Shengzu was furious and demanded that the units interested in Wei Qing 'an's case withdraw. "Since the provincial procuratorate has taken the lead, then we must check it out!"
In desperation, Zhao Wenlong, then the chief procurator of the procuratorate, had to go to Beijing to ask the Supreme People's Procuratorate for help and get support.
1On March 26th, 986, the Henan Provincial Procuratorate submitted a review report on Wei Qing 'an's case to the Supreme People's Procuratorate. Subsequently, the Supreme People's Procuratorate began to read papers and studied the case with the Central Political and Legal Committee and the Supreme People's Court.
1986 In July and August, the Central Political and Legal Committee and the "Two Highs" sent three staff members to form a joint investigation team to go to Henan to conduct the final review of Wei Qing 'an's case.
The investigation team first heard reports from Zhao Wenlong and others, and held an open debate on controversial issues. Chen Yanlin, the criminal prosecutor's office of the Supreme People's Procuratorate, suggested that Wei Qing 'an was secretly identified by the victim. Why did the error happen?
Zhao Wenlong said that according to the provisions of the Criminal Procedure Law, identification cannot be used as evidence alone, but only as a means of investigation by public security organs.
Even so, the identification of this case is too hasty. The case occurred on1983 65438+125 October, and the appraisal was conducted on 5 March, with an interval of 40 days. The accuracy of the appraisal is questionable. Wei Qing 'an has a scar on his face and a red mole. At that time, his left hand was injured and wrapped in gauze. These very obvious physical features have never been mentioned by the victim, which is abnormal.
The verdict found that Liu was raped at 5: 05 pm on June 25, 65438. At this time, Wei Qing 'an, who has been building a house for neighbor Wei Tianxu for a day, just went home to lie down and rest. It happened that Wei Yumin, a veterinarian in the village, went home to give pigs an injection. He helped Wei Yumin with his father. The time recorded in the prescription provided by Wei Yumin is 5: 00 p.m. 2 1.
The distance from Wei Qing's home to the crime scene is 4 kilometers, which takes about 1 hour on foot and about 25 minutes by bike. Either way, Wei Qing' an has no time to commit crimes. Many people can testify to these facts, but the original case handlers made a hasty decision on the basis of subjective assumptions without conducting on-the-spot investigation or listening to Wei Qing 'an's excuses.
However, another technically reliable problem made a low-level mistake-after Liu reported the case, the forensic doctor extracted the semen spots. After testing, the semen spot is "O" secretory type, which is consistent with Wei Qing 'an's blood type. With the support of this technical appraisal, the case-handling personnel confirmed that Wei Qing 'an was the perpetrator.
When reviewing the death penalty, the Henan Provincial High Court, in addition to Wei Qing 'an's confession, held that the core evidence of this case was the identification of the victim and the blood type test of semen spots, which belonged to criminal scientific appraisal and neither wronged the good nor spared the bad.
When Wei Qing 'an shouted grievances before his execution, the executives urgently reported to the leaders in charge of the Provincial High Court. The leader finally ordered the execution on the grounds that "this appraisal can't be wrong".
However, from investigation to judgment, a common sense problem has obviously been ignored. Because blood group identification is different from DNA, the latter can achieve an accuracy of more than 99.99%, and its identification results are unique and exclusive; But blood type identification is different, because people's blood types are only A, B, AB, O and some special types, and each blood type has a huge group.
At first, the investigators of the Wei Qing 'an case and some people in the judicial organs were still arguing, and the blood type identification proved that the perpetrator was Wei Qing 'an.
It was not until Tian was captured and Tian's blood type was O that some people finally realized the common sense mistake of Wei Qing 'an's blood type identification.
Finally rehabilitated
Under the heavy resistance, the retrial procedure of Wei Qing 'an's unjust case has been delayed for nearly three years. 1987 1.2. the Supreme People's Procuratorate and the Supreme People's Court jointly issued an official reply on Wei Qing' an's case: The Wei Qing' an case you asked for a report was reviewed and verified by us, and it was considered that Wei Qing' an was sentenced to death for rape and robbery, which was a wrongful death and should be rehabilitated and the aftermath should be done well.
Accordingly, the Henan Provincial Procuratorate protested that the facts of the case were unclear and the evidence was insufficient, and requested the Henan Higher People's Court to declare Wei Qing 'an innocent.
The Higher People's Court of Henan Province made a retrial judgment in accordance with the procedure of trial supervision, annulled the No.98 judgment of Gongxian Court (83) and No.77 judgment of Zhengzhou Intermediate People's Court (83) and declared Wei Qing 'an innocent.
Wei Qing 'an's father, Wei Youlao, did not make any excessive demands when the relevant departments asked him for compensation for the aftermath. "I told them that you can do whatever you want, and the children are gone. We can't always exchange children for money. " Wei Youlao claimed 30,000 yuan and finally gave him 25,000 yuan. At the same time, the relevant departments have registered Wei Qing 'an's wife, daughter and one of his younger brothers.
After the aftermath, Zhao Wenlong, then the chief procurator of the Henan Provincial Procuratorate, presided over a meeting of the heads of the three levels of procuratorates in our hospital, Zhengzhou City and Gongxian County, summed up the lessons of Wei Qing 'an's unjust case, and decided to investigate and deal with those responsible for the case. (rule of law weekend reporter Guo)