People's Online Haihai, June 26 (china national radio reporter Sun Ying) The case of Lin Senhao's alleged poisoning death, that is, the Fudan poisoning case, has entered the review stage of the Supreme People's Court's death penalty and made new progress. Yesterday morning, Xie Tongxiang, a defense lawyer entrusted by Lin Senhao, submitted seven applications to the Supreme Court.
On April 20 13, Huang Yang, a graduate student of Shanghai Medical College of Fudan University in Shanghai, died of N- dimethylnitrosamine poisoning after being rescued. Huang Yang's roommate, Lin Senhao, was found to be the murderer, and was sentenced to death and deprived of political rights for life by the Court of Final Appeal for intentional homicide.
The application submitted by Xie Tongxiang requested that Lin Senhao's death penalty review case be heard in public, that Xie Tongxiang's lawyer's opinion be postponed for one and a half months, that Lin Senhao be transferred to a detention center outside Shanghai for custody, that mass spectra of all samples related to Lin Senhao's case be taken from an appraisal institution for cross-examination, that Huang Yang's medical treatment process be appraised for medical malpractice, that Huang Yang's death be re-appraised, and that scientific experiments be conducted.
Why did you change lawyers at the stage of death penalty review and file so many applications? Is it to buy time?
CCTV reporter Sun Ying interviewed lawyer Xie Tongxiang today.
Reporter: Hello, Lawyer Xie.
Xie Tongxiang: Hello.
Reporter: First of all, please tell us what the seven applications submitted to the Supreme Court mainly include?
Xie Tongxiang: Five of them are aimed at the cause of death, including medical accident identification and scientific experiments.
Reporter: Five of them are aimed at the cause of death of the victims. What is the main purpose?
Xie Tongxiang: The main purpose is to find out the truth. So far, the Public Prosecution Law has not completely ruled out whether Huang Yang is caused by other drugs or other reasons. Since the second trial, many experts have questioned the cause of death, and according to 32 scientific research reports in my hand, there is a small amount of N- dimethylnitrosamine in the body of a person at the mouth of the Huangpu River in Shanghai, so I applied for identification, that is, whether there is N- dimethylnitrosamine in his body, and if so, is it normal or higher than normal?
Reporter: What kind of evidence can prove that this substance contained in his body is normal or higher than normal?
Xie Tongxiang: Mass spectrometry can explain this problem. Many experts say that if he died of N- dimethylnitrosamine poisoning, he had metabolites. These problems involve not only legal issues, but also medical, forensic and water environment issues. Because the law can't solve it, it needs to be appraised, so I apply for these reasons
Reporter: But in the previous two court trials, there was already a judicial appraisal report.
Xie Tongxiang: Those reports said that he died of poisoning, but he was not the only one. These five appraisals completely ruled out these possibilities.
Reporter: What kind of evidence do you think appears in this case during the review of death penalty, which may be overturned?
Xie Tongxiang: If the Supreme People's Court tries to find an authoritative department or expert to do it, the conclusion will definitely seriously affect the outcome of the Lin Senhao case.
Reporter: At present, there is also a view that the defendant poisoning is irrefutable evidence. He also admitted that the relevant evidence has formed a chain of evidence to prove that he poisoned, and the death of the victim is directly related to poisoning. This has been proved in two experiments. Moreover, the public generally believes that the defendant is subjective and vicious. In the review stage of death penalty, changing lawyers and making so many applications are just to delay the time. How do you respond to such an inquiry?
Xie Tongxiang: Only the confession of the defendant, if other physical evidence and documentary evidence are really insufficient, can not be convicted. I don't want to delay, but I want to find out the truth in these applications. Lawyers pay more attention to the details of the case and look for faults in litigation according to law, which is helpful to the accuracy and fairness of justice. So I can't recognize the delay, because the rights of the defendant are also the rights of each of us. In order to find out the truth, it is also our lawyer's duty to fully safeguard the legitimate rights and interests of the client.
Reporter: Some netizens said that this lawyer took over this case at this time because he wanted to be famous.
Xie Tongxiang: There have been many successful cases. Sometimes I feel that there is something wrong with the case, but I still have to accept it. Although I risk being scolded, after all, my life is irreversible. My representation in this case is free of charge.
Reporter: You have submitted so many applications. What is the attitude of the Supreme Court?
Xie Tongxiang: These evidences have been accepted by the Supreme Court, and the judges of the Supreme Court also made it clear that I am welcome to seriously study this case and make comments.