On February 3, 2008, Fuzhou Intermediate People's Court sentenced Nian Bin to death for the crime of throwing dangerous substances. However, in the face of constant doubts in the case, Nian Bin's sister Nian Jianlan always believed that her brother should be innocent. In desperation, Nian Jianlan decided to change lawyers. In the dark, Nian Jianlan hopes to see a little light. In February 2008, Nian Jianlan met his lawyer Zhang Yansheng for the first time in Beijing.
Nian Jianlan: "Lawyer Zhang read the indictment and asked if the kettle had been inspected. I said that I had met so many lawyers before and after, and no one told me that I had caught a core question, whether the kettle was inspected. "
Zhang Yansheng found that there was more than one inconsistency in the evidence provided by the prosecution. These contradictions have also become the key to the final reversal of Nian Bin's case.
Doubt 1: Suspicious video "editing point"
In the interrogation video provided by Fuzhou police, Nian Bin personally confessed the process of poisoning himself.
After Nian Bin retracted his confession, the procuratorate submitted the video of the trial at that time to the court, proving that Nian Bin was not tortured to extract a confession at that time, but voluntarily confessed. At the same time, this video was submitted to the court, as well as the appraisal report of the material evidence appraisal center of the Ministry of Public Security, which proved that this video was complete and had not been edited.
In this video, I really can't see the picture of Nian Bin being tortured, but there is an obvious editing point, and just before and after this editing point, Nian Bin's attitude took a 180 degree turn, from never admitting to committing a crime to admitting to poisoning.
However, the final judgment of the court did not mention this detail, and finally concluded that the audio-visual materials recorded Nian Bin's "free way and relaxed environment when confessing guilt", and Nian Bin's excuse of being tortured to extract a confession could not be established.
Doubt 2: the test report of "premature delivery"
According to Nian Bin's confession about poisoning, he put rodenticide into the kettle at around 1 on the morning of July 27th, 2006. Accordingly, the indictment of the public security organ found that the water in the kettle contained fluoroacetate as the cause of the victim's death. However, according to Nian Bin's lawyer, Zhang Yansheng, there was no report that poison was found in the kettle in the physical evidence provided by the public security organs.
Zhang Yansheng found that there was more than one inconsistency in the evidence provided by the prosecution. Among them, the inspection time of the iron pot was obviously August 1 day, 2006, but the inspection report was obtained on July 3 1 day.
In addition, regarding the source of the poison, the prosecution accused Nianbin of buying fluoroacetate rat poison from an old man named Yang. However, when he went to investigate, the old man surnamed Yang said that he did not remember seeing Nian Bin.
With more and more doubts, some toxicologists were invited to join Nian Bin's case. Experts found that according to the inspection report provided by the police, fluoroacetic acid was detected in the blood, urine and vomit of the deceased, but not in the stomach and liver, which is contrary to common sense.
In the poisoning case, the cause of poisoning of the deceased, the way of poisoning of the suspect and the source of poison are all the keys to conviction and sentencing. However, the various doubts raised by the defense make the prosecution's evidence look less airtight.
Doubt 3: "perfect" mass spectrometry
Mass spectrometry is a special technology widely used in various disciplines. Compounds are identified by preparing, separating and detecting gas phase ions. For example, in drug cases, the public security organs should prove that the seized "marijuana" is marijuana through a technical means, and mass spectrometry is a widely used method now. In the case of Nian Bin, the police used mass spectrometry to think that the deceased was poisoned by fluoroacetic acid, and then locked the poisoner as Nian Bin. However, different poisoning causes will have different waveforms in mass spectrometry. For poisoning cases, mass spectrometry is the most original information to support the police's expert conclusion.
Lawyer Zhang Yansheng has been asking for the mass spectrogram of this case, but they were all refused to provide it on the grounds of "internal secrets". It was not until the trial in July 20 13 that it was handed over to the court by the police, which became a key to the overthrow of the whole case.
After mass spectrometry analysis, experts found that the mass spectrum of the urine of the deceased Yu Yue was completely consistent with the standard reference spectrum used in machine detection. It is ridiculous that Yu Yue can urine the standard sample of fluoroacetate. What is even more shocking is the lawyer's second discovery: the vomit of the victim Pan Yu and the vomit of Pan Yu actually came from the same sample.
After careful study, the experts finally came to the conclusion that according to the inspection conclusion of on-site physical evidence, no fluoroacetate was found, and there was no evidence to support that fluoroacetate was used in this case. In other words, the police thought that the conclusion that two children died of fluoroacetate poisoning could not be established.
The Supreme Law took back the power to approve the death penalty and saved Nian Bin's life.
On June 5438+February 65438+February 2008, the Fujian Provincial High Court sent Nianbin back for retrial on the grounds of "unclear facts and insufficient evidence". At that moment, Nian Bin seemed to see the hope of going home, but in fact, there are still six long years before he finally goes home.
On April 29, 2009, Fuzhou Intermediate People's Court held another hearing on Nian Bin's case, but the questions raised by the defense were still not accepted. Two months later, Nian Bin was sentenced to death again, and Nian Bin refused to accept the appeal again.
20 10 On April 7th, Fujian Provincial High Court made a final ruling, dismissed Nian Bin's appeal and upheld the original judgment. The case was sent to the Supreme Court for review, and Nian Bin's death sentence could be executed at any time.
Nian Bin, who lost hope for the future, didn't know at this time that his fate was closely linked with the judicial reform process in China long before he was sentenced to death for the first time. From June 5438 to 10, 2006, the Organic Law of the People's Court of China was amended, clearly stipulating that from June 65438 to 10, 65438, 2007, the Supreme People's Court uniformly exercised the power to approve death penalty cases. In principle, the defendant should be arraigned and his opinions should be heard face to face. If there is doubt about the evidence, it is necessary to investigate and verify the evidence and go to the crime scene for investigation when necessary.
2065438+00128 October, 10, the Supreme Law rejected Nian Bin's death sentence on the grounds of "unclear facts and insufficient evidence" and sent the case back to the Fujian Provincial High Court for retrial.
With these questions, on March 5, 20 14/KLOC-0, Nianbin Law Firm convened a number of domestic toxicology experts to analyze 26 mass spectra one by one. After careful study, the experts finally came to the conclusion that according to the inspection conclusion of on-site physical evidence, no fluoroacetate was found, and there was no evidence to support that fluoroacetate was used in this case. In other words, the police thought that the conclusion that two children died of fluoroacetate poisoning could not be established.
Extended data
Case course
On the night of July 27th, 2006, two families in Aoqian Village, Pingtan County, Fujian Province, Ding Yun's shrimp family and the landlord Chen Yanjiao's family had dinner together. At night 10, Ding 10' s son and 8-year-old daughter Yu Yue developed abdominal pain, headache, vomiting, convulsions and other symptoms. They were diagnosed with food poisoning and died after being rescued by doctors. The police rushed to the scene immediately after receiving the alarm, declared the case as "man-made poisoning" and filed a criminal case on the same day.
On July 30, 2006, the police detected the toxic components of "fluoroacetate" from the blood and vomit of the deceased, and thought that the deceased died of fluoroacetate poisoning, and his neighbor Nianbin was suspected of committing a major crime.
According to the case file provided by the police, Nian Bin's motivation for poisoning was that on the evening of July 26, 2006, a customer came to buy cigarettes and was called to her shop by Ding (both of whom run grocery stores) to rob Nian Bin of his business and want to teach Ding a lesson. In the early morning of the next day, rat poison was put into the neighbor's aluminum pot, causing 2 deaths and 4 injuries.
This is the "Nian Bin poisoning case" in Fujian Province. Nian Bin was arrested and prosecuted. After that, the case lasted for 8 years, 10 sessions, and was sentenced to death for four times and immediately executed. 20 10 10 The Supreme Court ruled that the death penalty was not approved because of "unclear facts and insufficient evidence", and revoked the original judgment and sent it back to the Fujian Provincial High Court for retrial.
On may 5, 20 1 1, the Fujian provincial high court also revoked the death sentence of nian bin by Fuzhou intermediate people's court, and the case was sent back to Fuzhou intermediate people's court for retrial. On September 7, 201/kloc-0, the case was heard again in Fuzhou Intermediate People's Court, and Nian Bin was sentenced to death again and deprived of political rights for life.
On August 22, 20 14, Fujian high court made a final judgment:
1. Fuzhou Intermediate People's Court (20 1 1) RongxingchuziNo.. 104 was revoked.
Second, the appellant Nian Bin is not guilty.
Three. The appellant Nianbin does not bear civil liability for compensation.
References:
Baidu Encyclopedia-Nianbin
References:
China Net-Jie Nianbin's case overturned details: three major doubts such as video editing helped to overturn the case.