Yang Botao has been listed as a criminal suspect for 10 years, and he has been held in detention center for 10 years, but he has never been convicted. During this period, Shangqiu Intermediate People's Court executed it three times, and Henan Provincial High Court ruled three times to revoke the original judgment and send it back for retrial. In the end, Shangqiu City Procuratorate withdrew the prosecution against him on the grounds of unclear facts and insufficient evidence.
In February, 2065438 1 1, Shangqiu Public Security Bureau sent him a decision on bail pending trial. Yang Botao, who spent 10 years in the detention center, came out for the first time, and his parents waiting outside showed a long-lost smile. The reporter conducted an in-depth interview with Yang Botao and his family to understand the story behind the case.
This case dates back to a rape and murder case.
"If I hadn't received a phone call from my classmate Li 13 years ago, maybe my brother would have made a big career, got married and had children, and our family wouldn't have experienced such pain and suffering." Yang Botao's sister Yang Chunming cried.
Yang Chunming, 34, has been chanting this "if" 10 for years, accompanied by great mental pressure and incomparable self-blame.
200 1, 26-year-old Yang Botao runs his own electrical appliance business in Shangqiu. At that time, he had bought a car and a house, and he had his own plan for the future: "Be a brand agent and be a big boss in the future."
Yang Chun said that in May and June of that year, Li Lai, a junior high school classmate she had not contacted for a long time, lived in her brother's rental house for a few days. In August, she received a phone call from Li, saying that she was going to work in Yiwu and had already bought a bus ticket. Out of kindness, tell Li that if she wants to live there, she can go to an electrical appliance store to get the key.
However, "I never thought that this phone call brought endless troubles and pains to their whole family." Yang Chun said. When Li passed by Shangqiu, she suddenly disappeared. Li's mother, Liu, reported the case on September 7 of that year. Three days later, the Liangyuan Branch of Shangqiu Public Security Bureau found six cut bodies. Two years later, the deceased was identified by the DNA of the Forensic Medicine Inspection and Identification Center of Beijing Public Security Bureau.
The case of 200 1 was identified by the police as "8. 16" rape and murder case. Yang Botao became a suspect in the police. At the end of 2003, Yang Botao's business was booming. His new house had just been renovated and he was planning to get married. He was re-identified as a criminal suspect by the police. On February 27th, 2003, Yang Botao was placed under residential surveillance on suspicion of intentional homicide.
Since 2005, this murder and dismemberment case has entered the first instance for repeated judgment, and the original judgment of the second instance was revoked and sent back for retrial. Yang Botao was sentenced to suspended death, suspended death and life imprisonment, but all of them were sent back to the Henan Provincial High Court for retrial because of "unclear facts". During this period, Yang Botao appealed several times.
20 13 On August 23rd, Shangqiu City Procuratorate decided to withdraw the prosecution on the grounds of "unclear facts and insufficient evidence". On August 26th, Shangqiu Intermediate People's Court issued a criminal ruling: Shangqiu Procuratorate was allowed to withdraw the prosecution against the defendant Yang Botao.
On February 2014 12, Yang Botao was released on bail and finally walked out of the detention center.
"This behavior is caused by poor communication within the judiciary." Shen Xiangfeng, a lawyer who handled the case, said.
After ten years in prison, he was finally released on bail pending trial.
After the snow in Chu Qing, the wheat fields at the entrance of Shangqiu Detention Center in Henan Province were all white. A long ice cone hung on the eaves of the detention center building, flashing a little chill in the weak sunlight.
On February 12, at about 3 pm, an old man in his 70s was sitting on the concrete floor at the door, eating a steamed bread, which was his lunch. Every time he took a bite, he looked up at the gate of the detention center.
The old man's name is Yang, and he is his father. At 7 o'clock in the morning, he rushed to the detention center from Xiayi County, more than 60 kilometers away, for fear of missing the first sight of seeing his son released from prison. He guarded the gate of the detention center and never left.
A few days ago, he heard that his son Yang Botao, who had been locked up for 10 years, would be released, and he was so excited that he stayed up for several nights.
"Ten years, ten years no see, he is my only son ..." The old man choked up as soon as he opened his mouth, and tears rolled down his eyes. He quickly covered his mouth with his left hand and turned his head.
After waiting for more than half a day, at five o'clock in the afternoon, Yang finally got a "Decision on Bail Pending Trial" from the police station, which read: The criminal suspect cannot finalize the case within the legal detention period, needs to continue to verify the trial, and should be released on bail pending trial.
And this material, the Yang family waited for 10 years, although this is not the result they want most. "He should be acquitted." Talking about this case, Huayang's eldest daughter is still quite angry.
At 5: 03 pm, Yang Botao left the gate of the detention center in the car of the village committee. Yang Botao's brother-in-law told reporters: "The village Committee drove into the detention center to pick him up, fearing that reporters would take photos of him coming out of the detention center."
Yang Botao stuck his head out of the window. Yang tried to put his head close to his son and wanted to say something. The car left soon. ...
Call for 10 to eat steamed bread all the year round instead of buying meat.
In this remote small village in Sanggu Township, Xiayi County, Shangqiu City, the news that Yang's son raped and murdered and dismembered his body spread like wildfire, reaching villages dozens of miles away.
"In the village, I couldn't lift my head, and everyone in the village pointed at my back." Before retiring, Yang was a local primary school teacher and was deeply respected by the local people. However, after his son's accident, he couldn't stay in the village. Yang often cries behind his wife's back. "Sometimes I wake up in a dream and find that my pillow is all wet."
Yang Chunming lowered his head and muttered, "Walking in the village, many people ignore us."
In ten years, selling land and grain is far from enough to pay for the case-handling expenses of the Yang family. The pressure from material and spirit is like two mountains, which makes a family breathless. "All relatives borrowed it back and forth many times, except immediate family members, others avoided us." Yang Chunxia said that over the years, the family spent hundreds of thousands of yuan, and today, the family still owes more than 30,000 yuan in foreign debt.
In order to save money, Yang tried every means. "I eat steamed bread all year round, and I have hardly bought meat at home for ten years." Yang said to him.
After years of depression and nutritional deficiency, Yang suffered from many diseases such as heart disease, hypertension and myocardial infarction.
"Petition" has become the whole life of the Yang family. Yang can't remember how many times he has been to the public security bureau and the procuratorate. "Our husband and wife have been kneeling at the door of the procuratorate many times, asking them to return their son to innocence." Yang never gave up for his son.
Yang, who is over 60 years old, specially bought the Criminal Procedure Law, read it carefully, and often consulted a lawyer. The reporter of "Legal Evening News" found in the chat that he was quite familiar with the process of handling cases.