What happened when two 70-year-old men committed murder and sank the bodies back for retrial? Come and have a look with me.
In the case of a corpse sinking in Linyi, the defendant sent a message crying: He is over 70 years old and doesn't want to get involved with the child, but he certainly didn't kill him.
Su Jifeng, 70, and Su Xiaofeng, 69, are villagers in Sujiazhuang, Linyi City, Shandong Province. A male body was found near the village of 20 17, and the police locked it as a suspect. The two never pleaded guilty, pleaded guilty and retracted their confession. Nearly two years after the incident, the court pronounced in the first instance that they committed the crime of intentional homicide and were sentenced to death and life imprisonment respectively. The reporter's investigation found that after the incident was partially restored at the scene, the partial determination of the case in the first instance was contradictory to the actual situation.
Yihe case
2017165438+1October 14 A man's body was found in yi river, yinan county. The police quickly identified the deceased as Su, a villager who had been missing for nearly half a month. He wore a black coat, a gray nylon rope around his neck, his hands tied behind his back, and hollow bricks tied to his ankles.
The police confirmed that he was killed about half a month ago.
Sujiazhuang Village, yinan county is located on the north bank of yi river and belongs to Linyi City. During Su's disappearance for half a month, relatives organized villagers to go to the river for salvage many times, and Su Jifeng was also invited to help salvage.
The local police's investigation seems to be going well. Su Jifeng and Su Xiaofeng, who were sleeping at home in the middle of the night, were taken away by the police who broke into the house. Two years later, Su Xiaofeng's wife still remembers that the police didn't wear police uniforms and didn't say anything about it. After climbing over the wall and entering the yard, she took her naked wife away before she even had time to put on her clothes. It was not until dawn that I learned that my wife had been taken away by the police after many inquiries.
One day later, Su Jifeng and Su Xiaofeng were criminally detained by yinan county Public Security Bureau on suspicion of intentional homicide, and were formally arrested by the police on February 22, 20 17. On August 30th, 20 19, Su Jifeng and Su Xiaofeng were formally found guilty of intentional homicide by Linyi Intermediate People's Court, and were sentenced to death and life imprisonment respectively.
In the judgment of first instance, Su Jifeng and Su Xiaofeng killed Su Qing in this way: at 5 o'clock in the morning of 2017115 10/0, the defendants Su Jifeng and Su Xiaofeng were on the north side of Gegou Bridge in yinan county. /kloc-around 0/9: 40, after dinner, they went back to the river to draw a net. Because the number of fish caught was small, they asked Su, a villager from Yulin Village, Zhuanbu Town, yinan county, to fish in a cage in the river. Su found out about it and insulted Su Jifeng and Su Xiaofeng. Su Qifeng and Su Xiaofeng discussed to teach Su a lesson, and Su Xiaofeng agreed to row the boat to Su's boat. Su Qifeng took advantage of Su's surprise.
Su Jifeng and Su Xiaofeng tied Su's body with hollow bricks and sank it into the deep water near Gegou irrigation area on the east side of Yihe River. Later, they rowed north, threw the fishing nets and other items on the Su Xiaotie boat into the water, and sank the small iron boat and its items into the water.
Torture, online complaints, criminal detention
Why do you want to express your grievances after losing your freedom for one year? Su Mingshuang, the son of Su Jifeng, told reporters that when his father was just arrested, what was the truth? Family members also have questions. Although they don't believe that their 70-year-old father would kill anyone, there is no evidence to prove his innocence.
On March 20 18, a strange phone call was made to Su Mingshuang's mobile phone. A stranger told him that his father asked him to say a few words to Su Mingshuang. "If my father let him take it, he was wronged and he didn't kill him. I hope he will stand out and be a man, and don't feel ashamed. I hope Su Mingshuang can find a lawyer to return his innocence. " Su Mingshuang said that the phone call from his father also said that he was over 70 years old. If he did kill someone, a child of his age would definitely not be involved, but he never killed him.
After receiving the phone call from his father's client, Su Mingshuang repeatedly found lawyers and judges to complain, but the answer was: "The facts of this case are clear and the evidence is true and sufficient." The police interrogation record shows that Su Jifeng and Su Xiaofeng confessed to the fact of killing after they were brought to justice. However, during the trial of the first instance on 20 19, the two old people complained to the judge respectively, claiming that the previous confession was extorted by torture and forced by the police.
When the lawyer of first instance applied for the audio and video recording of police interrogation, the public security organ interpreted it as "the police station has no electricity" and did not conduct synchronous audio and video recording. During the trial, the lawyer questioned how to print paper transcripts since there was a power outage. On May 23, 20 19, the public security organ supplemented the case statement, saying that "the circuit problem of the monitoring equipment led to the closure of the equipment". This is an obvious illegal operation in the eyes of lawyers. According to the law, the interrogation of serious cases must be recorded at the same time, and power failure, circuits and equipment cannot be the reasons for not recording at the same time. The police can solve those problems by repairing circuits and equipment, and even use law enforcement recorders to record them with their own mobile phones.
Su Mingshuang said that his father knew the victim's family before the case was "wrapped" and the relationship was not bad. After the victim was killed, he also found his father to help salvage the body in the river. Before the police found his father, he never thought that it would have something to do with Sue's death.
On 20 19, desperate Shuang began to plead for his father through the internet. 20 19 12, Su Mingshuang who went out in the morning was suddenly taken away from Linyi by yinan county police. Subsequently, the yinan county police issued a notice to his family that Su Mingshuang was criminally detained on suspicion of stirring up trouble and detained in yinan county Detention Center. "They told me that you were detained for 15 days for shouting grievances on the Internet."
Evidence of right and wrong
The judgment of the first instance shows that the evidence of Su Jifeng's criminal facts is mainly the testimony of a witness and the confession of the defendant. Among them, witness Ba Moumou confirmed: 201kloc-0/65438 10 month, locked at No.203, and Su Jifeng came in. I started chatting slowly about half a month. He said he killed someone and killed him with a stick on the boat. He also said it was two people. The other party also admitted it and threw it into the water. Later, he and Su Jifeng were transferred to the 8th, and another month passed. When approaching the key signature, Su Jifeng said that if he could not admit it, he would die if he admitted it. He didn't respond.
The judgment of the first instance also stated that the surveillance video showed that the two old people went to the river at 10/20 1 0/hour 19: 39, and returned from the river at 2 1 hour.
"Two old people walked from the roadside to the river, and then returned, *** 132 minutes. The two old people confessed in court that seven pairs of fishing nets were put in the river. After putting seven pairs of fishing nets in place, plus when committing crimes, they walked back and forth several times in the river, and the time was obviously not enough to commit crimes. " Su Mingshuang said that from the time point of view, there are doubts.
In Sujiazhuang Village, yinan county, the reporter saw Su Jifeng's usual fishing net, which was about 70 meters long. "It takes 15 minutes to catch a 70-meter fishing net from the river at night. If there are fish on it, plus the time to pick fish, it will take about 20 minutes. " Su Qingju, a villager who often fishes by the river, told reporters that in addition to collecting nets, he needs to bring headlights at night to find the floating objects on the river first. If all seven pairs of fishing nets are put in place, it is estimated that it will take about 2 hours. How is it possible to kill people, dump bodies and sink ships?
Su Yangyan, another villager in the village, told reporters that no one believed that Su Jifeng and Su Xiaofeng were murdered. "Su Xiaofeng is the most honest person in the village. He has little courage. He usually kills chickens at home and finds someone else to kill them. He didn't even dare to look at it himself, saying that he dared to kill people, and we didn't believe it. " Sue said that he often goes fishing in the river and closes his net in the river at night. It takes about 20 minutes to collect a set of nets.
The reporter and Su Mingshuang restored the process of closing the net in the river. At that time, it was clearly visible during the day and there were no fish on the net. It took Su Ming about 12 minutes to find the buoy and quickly put the net off the ship.
In the judgment of the first instance, Su Jifeng confessed: "We grabbed one end of the boat, then poured the boat into the water, and then pressed the tin boat into the water."
Lawyers and family members also obviously doubt their confessions. "The situation they explained is impossible to complete in actual operation." Su Mingshuang told reporters that in the river, two people are standing on the same side of a boat. If another tin boat is overturned, their boat will also be overturned. He hopes that during the second trial, the investigation organ can conduct investigation experiments and restore the crime scene.
In order to prove this statement, Su Mingshuang found two ships about the size of the incident ship. On the river, Su Mingshuang and a villager stood on the side of the wooden boat and rudely overturned a tin boat. The wooden boat he was standing on was basically on the verge of capsizing. The iron ship that was lifted was slightly tilted, but it did not reach the level of falling into the water.
In addition to the above doubts, the autopsy report of the victim in the first-instance judgment is as follows: subcutaneous hemorrhage 3cm x 1. The right occipital neck scalp is 5cm, and there is extensive bleeding under the occipital neck scalp, with a 4. 5 cm x 2. 5cm crushing depression fracture of skull under occipital protuberance, slightly inclined to the upper right and lower left. There is muscle bleeding in the left temporal region. 5 cm x 2 cm. Subcutaneous hemorrhage with muscle hemorrhage is 3cm×4cm in front of the right mandible and right ear, and muscle hemorrhage is 5cm×4cm in front of the right temporal muscle.
"The first-instance judgment found that two old people hit the victim with wooden sticks, but the autopsy report suspected that there were five scars, and our defense lawyers also had doubts about this." Lawyer Feng (Shandong Haiyang Law Firm), who is currently the defender of Su Jifeng's second trial, said that there are many other doubts in the case, such as the police never found the so-called murder weapon wooden stick, and the time of death of the victim is in doubt. ...
Feng said that at present, the biggest problem faced by their defense lawyers is that they cannot realize the right to read papers and copy audio-visual materials, which directly leads to the long-term inability of defense lawyers to determine a formal defense plan. In view of many doubts found in the paper file, they tend to defend Su Jifeng's innocence, but in the end they have to be allowed to copy the audio-visual materials in the file. (Jinyun journalist Li Guoqiang Hangwei)
Shandong's "20-70-year-old man killed and sank his body" was sent back to the defendant's family for retrial: I hope to find out the truth as soon as possible.
Schematic diagram of crime scene
Cover journalist Wei Shi
165438+1October 2 1, Linyi, Shandong, sent back for retrial. Feng, the defense lawyer of the two defendants, told the cover journalist that he had officially received the retrial notice from the Shandong Provincial High Court.
20 17 1 1 month, a corpse sinking case occurred in Yulin Village, Zhuanbu Town, yinan county. A 50-year-old Sue sank into yi river with her hands tied behind her back and hollow bricks tied to her feet. Su Jifeng and Su Xiaofeng (cousins) were found to be suspected of committing major crimes. According to police investigation, the Su brothers clashed with Su when fishing. When the two boats were fighting on the river, the Su brothers knocked each other down with wooden sticks, then dragged the other boat back to the shore, found hollow bricks and tied them to Su, dragged each other to the other side of the river to sink the body, and then sank the boat upstream.
2065438+In August 2008, the Su brothers were sentenced to death and life imprisonment in the first instance, and they appealed. In August, 20021,the second trial of the case was held, and the two sides had a heated debate, but no verdict was pronounced in court.
"My father was 68 when he was arrested five years ago, and his uncle was 69 years old. Now five years have passed and I have finally been sent back for retrial. " Su Mingshuang, the son of Su Jifeng, said that he felt very relaxed at the moment he received the notice.
Case review
Two 70-year-old fishermen were convicted of murder and corpse sinking.
In court, he recalled that he was tortured to extract a confession.
20 1 765438+1October1On the evening of October, Su Jifeng and Su Xiaofeng rode bicycles to the west end of Gegou Bridge to collect the fishing nets laid during the day.
Su Mingshuang said that the two old people usually go fishing in the Yihe River for fun. They usually go to the river together in the afternoon and get off the net at eight or nine in the evening. They have six fishing nets. It takes about an hour to get off the net, and it usually takes two hours to get off the net.
The monitoring at the bridgehead shows that on the same day 15: 08 and 12: 00, they parked their bicycles on the bridge, put the net into the river and left, which took 1 hour for 43 minutes. On the same day 19: 39, the two men appeared again and returned at 2157, which took 2 hours 12 minutes.
The next morning, the Sue brothers heard that Sue was missing next door, and the family looked for him everywhere. Su Mingshuang said that according to seniority, Su called Su Jifeng "Grandpa" and the two met more intimately. Sue has a cage on the Yi River. In order to facilitate fishing, he built a simple hut by the river. After Su disappeared, his family also asked Su Jifeng to help him find it.
2017165438+1October 14, Sue's body appeared in Yihe River. The body was in a state of hands tied behind his back, with scars on the back of his head and chin, and a hollow brick tied to his feet by nylon rope.
"When the police received the report of missing persons, they may have been monitored. Later, the body floated up and found that it was a murder case. My father and uncle appeared in the surveillance and became the biggest suspects. " Su Mingshuang said that the two were taken away for investigation and never returned home. They met their families again in the court of first instance of intentional homicide. The two old people confessed in court that the previous murder confession was made under coercion.
2017 165438+1October16 The public security organ summoned Su Mou, and the next day he confessed the criminal acts of killing Su Mou and Shenyi River, and then he confessed the criminal facts many times.
The judgment of the first instance shows that the public prosecutor accused Su and his wife of not collecting much fish in the Yihe River, and they clashed with Su when fishing in Su's cage. Sue quarreled on the fishing boat of the Su brothers. Su Jifeng hit Sue on the occipital bone with a wooden stick, and Sue fell to her own boat and died. They dragged Sue and his fishing boat into the cabin, found hollow bricks and tied them to Sue, then dragged them to the other side and threw them into the nearby river.
The public security organ believes that the time of the crime arrived at the crime area, and a fishing villager left first, and no one else appeared; After interview and autopsy, it is calculated that Su's death time is about one hour after meals, that is, from 20: 00 on June 1 1 day to 20: 00 on June1day.
On August 3, 20654381day, Su Jifeng and Su Xiaofeng were sentenced to death and life imprisonment respectively for intentional homicide, and * * * compensated Su's family for 34,652.5 yuan.
Su Jifeng's Early Photos (Photos Provided by Respondents)
On August 26th, 20021,the second trial of the case was held. The prosecution and the defense have a heated debate on the time of the victim's death, the time of the incident, whether the key evidence is in doubt, whether there is a confession by torture, and whether the two suspects are the real murderers. The case was not pronounced in court.
Voice of the family
I simulated the process of committing crimes in the wild.
The two old people can't finish the crime within the time limit.
Su Mingshuang introduced that the public security organs judged the time of death according to the digestion of food in Su's stomach, but there was no food in the photos in the stomach submitted in court. "This is not an hour or so after dinner, but more like digestion after midnight. We don't think the time of death coincides with the time when the two old people appeared. The wooden stick of the murder weapon was not found, and the position of the sunken ship confessed by the two men was also hundreds of meters away from the actual salvage location. "
Su Mingshuang said that afterwards, according to the details of the police allegations, he sailed to the scene to simulate the experimental crime process and found that the two old people could not complete a series of behaviors in a fixed time.
Su Mingshuang said that the Su brothers brought back all six fishing nets that day and took the fish off the net and took them home. This workload usually takes an hour or two. "In the rest of the time, after quarreling with the other party, the other party hit each other with a wooden stick after approaching the boat, and then even people dragged the boat back to the shore, went to the cabin to find hollow bricks, tied a good man to drive the boat to the other side of the river to throw the body, and then sank more than 400 meters upstream. I am a young man, and it took me more than two hours to close the net. They are 70 years old, and it is almost impossible to close the net, kill people and sink the body within two hours. "
The prosecution believes that the wooden boat of Su Mingshuang's experiment is only different from the actual boat, and it is weak as a close relative.
The police also did field experiments, which showed that it took only 20 minutes to get off the net, 20 minutes to get off the net, 28 minutes to draw the boat's route, and 20 seconds to sink the boat, which proved that the two had enough time to commit crimes.
Su Xiaofeng's second-instance defense lawyer He Zhijuan refuted this. The surveillance video shows that it took the two old people 1 hour 43 minutes to get off the internet, while the investigation experiment only took 20 minutes, which is far from the actual situation, indicating that the data in the investigation experiment can not be used as the basis for finalization; Moreover, the simulator in the investigation experiment is a young professional fisherman, which is far from the physical quality and fishing proficiency of the two old people.
At the second trial, Su Xiaofeng mentioned that they put another villager's fishing net in the river in addition to their six fishing nets that day. That night, they just checked the fishing net from beginning to end. Because there were no fish, they didn't collect the fishing net. The court held that this involved new facts and the investigation needed to be resumed.
Su Jifeng's second-instance defense lawyer Feng believes that it takes more time to check another network, which further proves that the two do not have enough time to commit crimes.
Su Mingshuang said that Su lived by the river fishing all the year round. He and others complained about fishing. Before the incident, his fishing boat was stoned and his fishing net was cut before. "These are all mentioned in court. Maybe the real killer was someone else. Two years after his father was arrested, his mother died, hoping to retrial as soon as possible and find the truth as soon as possible. "
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