Zhang Yuhuan's family took a group photo in front of the old house. On the left 1 is his ex-wife, and in the middle, Zhang, 8 1 year-old, representing Faye Wong's lawyer, met for the first time on March 2 1 7. Zhang Yuhuan was so excited that he was at a loss: "Finally someone came to ask me something, and finally someone came." When I saw the defense lawyer Deng, I was so excited that I burst into tears. Now he has a lot of restraint.
Zhang Yuhuan case happened in Zhangjia Village, Jinxian County, Nanchang City, Jiangxi Province. 1993101On October 25th, two boys were killed and their bodies were taken out of the reservoir. Zhangjiacun is a village inhabited by clans with the same surname, with simple folk customs. Such a murder has never happened before. Everyone in the village was frightened at that time.
Village doctor Zhang Youling recalled that1October 24th, 1993, 10, 6-year-old Zhang Long and 4-year-old Zhang Yang in the village disappeared. The next day, the bodies of two children were found in Xiamatang Reservoir, about two kilometers away from the village. At first, people said "drown".
Zhang Youling wondered why the two children ran so far, because there was no farmland in the village and the children's parents were not nearby. At noon on the 25th, Zhang Youling braved the rain to get there by bike in Mao Mao. The bodies of the two children were carried to the back hill for burial. Zhang Youling opened the cushion on the body and saw obvious pinch marks on the child's neck. Two ligature marks extend along the corners of Zhang Long's mouth to the cheeks on both sides.
The doctor's professional sensitivity makes Zhang Youling feel that things are not that simple. He immediately advocated reporting the case: "You can't just bury it, it may be homicide."
The police who arrived later confirmed through investigation that two boys were killed. Two days later, Zhang Yuhuan, a villager, was locked as a suspect by the police. He was taken into custody for examination on1October 27th 1993, and was formally arrested on February 29th 1993.
According to the investigation report of Jinxian county police, the police noticed Zhang Yuhuan because Zhang Yuhuan was nervous and kept rubbing his hands when he visited to understand the case. Besides, there are several bloody scars on the back of his left hand. He prevaricated and prevaricated when the police questioned him.
Zhang Yuhuan is Zhang Youling's cousin. Sending him to the classroom is a scene he didn't expect and didn't want to see. As the case progressed, Zhang Yuhuan was accused of "intentional homicide" and was taken to court.
According to the first-instance judgment of Nanchang Intermediate People's Court, the public prosecution agency accused:19931kloc-0/0 on the morning of October 24th 1 1, and the defendant Zhang Yuhuan saw two brothers (male, six years old) and (male, four years old) digging dirt in their windows. Zhang Yuhuan scratched the back of his left hand and the root of his index finger. Zhang Yuhuan was very angry, so he dragged Zhang Long to his brother's room and beat Zhang Long. Then he put a hemp rope around Zhang's neck and strangled him.
After that, Zhang Yuhuan walked out of the room and saw Zhang Yang still playing in front of his house. Afraid of killing Zhang Long, he tried to kill Zhang Yang, so he pulled Zhang Yang to his brother's room, put his hand around Zhang Yang's neck and stuck him. That evening, Zhang Yuhuan took advantage of people unprepared, put two bodies into sacks and threw them into Xiamatang Reservoir in Jinxian County.
Forensic identification: the deceased Zhang Long and Zhang Yang both threw their bodies into the water after death, and the deceased Zhang Longle strangled his chin and died of suffocation in front of his neck; The victim, Zhang Yang, was strangled. Time of death is1the morning of October 24th 1: 30.
1995 65438+1On October 26th, Nanchang Intermediate People's Court made the first-instance judgment: Zhang Yuhuan was convicted of intentional homicide and sentenced to death with a two-year suspension. On March 30th of the same year, Jiangxi Provincial High Court ruled that the original judgment was revoked and sent back for retrial on the grounds of unclear facts and insufficient evidence. After a lapse of six years, in July, 20001year, the Nanchang Intermediate People's Court sentenced Zhang Yuhuan to death with a suspended execution. 200 1 1 1 Jiangxi Provincial High Court made a ruling and upheld the original judgment.
When Zhang Yuhuan was arrested, his eldest son was four years old and his youngest son was three years old. For a time, mother and son had almost no room in the village. "I'm going to have a meal at my dad's house today, and then I'm going to have a meal at my brother's house in a few days," said Song Xiaonv. I can't stay in Zhangjiacun. Two fathers who lost their children saw it and wanted to hit someone. "When you see us, you must hit them. My mother-in-law says you don't want to come back. "
Except for Zhang Yuhuan's family, most people in the village think that the murderer is Zhang Yuhuan. In this small village where nothing happened, everyone thought that whoever the police took away was the murderer. Even well-informed Zhang Youling once believed that he did it.
But Zhang Peiling, the village chief, remembers that when the police came to solve the case, they asked Zhang Yuhuan some questions. After that day, we had dinner together. "Zhang Yuhuan ate two bowls of rice, which was delicious and there was no sign of murder." .
Zhang Yuhuan was accused of killing two boys at home. Zhang Yuhuan admitted it, but he later retracted his confession.
According to the case file, after Zhang Yuhuan was tried, two transcripts admitted the fact of killing. The recording time is 1993 1 1.3, 1993 1.4. Jinxian police said in the investigation report that Zhang Yuhuan's confession was the result of the police's "patient and meticulous legal publicity and education, strong policy attack and ideological influence".
However, the two guilty confessions, which became the main evidence of Zhang Yuhuan's conviction, could not confirm each other in the time, place and details of the crime, and there were many contradictions.
First of all, the location of the crime in the two guilty confessions is inconsistent. Zhang Yuhuan's first confession was by the vegetable garden in Zhang Jianhua, north of the village, and his second confession was in his brother Zhang Minqiang's room (note: the living room in the middle of the three rooms, with Zhang Minqiang's room in the north and Zhang Yuhuan's room in the south). The order of guilty pleas has also changed. In the first confession, Zhang Yuhuan said that he would hit with a stick first, and then use a rope. In the second guilty confession of165438+1October 4, Zhang claimed that he was beaten with a rope and the order changed.
In the first trial in Nanchang, Zhang Yuhuan argued in court that he was wronged and forced to confess by public security personnel. During the retrial, Zhang Yuhuan insisted that according to the villagers' comments on the case, the first two guilty confessions were false and fabricated. In the judgment of the first instance, the court held that Zhang Yuhuan's unfair argument was simply shirking responsibility and was not adopted.
Deng is a lawyer in Nanchang, and he was the defender of Zhang Yuhuan in the second trial. He still remembers seeing Zhang Yuhuan 10 years ago. Zhang Yuhuan slightly low head, eyes dodge, timidly afraid to look at him. Deng felt very strange. "Few people are like him." . Deng's question was gentle and meticulous, and he gradually let his guard down. "Emotions suddenly poured out like a flood, and suddenly he burst into tears in front of me and said that he really didn't do anything."
Zhang Yuhuan told Deng that he was tortured by investigators. Deng asked: How to extort a confession by torture? Zhang Yuhuan began to cry again.
"He said very miserably: after the case handlers arrested him, they made him confess the crime. He said nothing and let the German shepherd bite him. If he wants to say something, he must say it. If he agrees not to read it, he will sign it immediately. " Deng recalled that Zhang Yuhuan lifted her skirt while crying and showed Deng the wound. "He has scars on his hands and stomach that have been bitten by dogs."
In the criminal complaint submitted to the Jiangxi Provincial High Court through a lawyer, Zhang Yuhuan accused: the police handling the case interrogated Zhang Yuhuan for 24 hours, punched and kicked him if he didn't confess according to the intention of the case handlers, and hanged himself, squatted down and hit him with a stun gun at any time, forcing Zhang Yuhuan to admit the murder and fabricate the killing process. He was unconscious for three times during the period and was awakened by the case handlers. In order to extract confessions, the investigators repeatedly threatened to arrest their families, and took Zhang Yuhuan's wife Song Xiaoniu to the case site to handcuff her, deliberately showing her to the public, and even brought two German shepherds to bite Zhang Yuhuan crazily.
Complainant lawyer Wang Fei (first from right) pays a return visit to the crime scene.
Detention for up to eight years before closing the case.
In Wang Fei's view, there are many doubts in this case except that Zhang Yuhuan is suspected of extorting a confession by torture, and many procedures are illegal.
According to the original judgment, the dorsal metacarpophalangeal joints of Zhang Yuhuan's left index finger and right middle finger can form scars, which is consistent with Zhang Yuhuan's confession that the back of his left hand was scratched by the victim Zhang Long. As a result, the scratches on Zhang Yuhuan's hands became the main evidence that he was guilty.
According to the case file, the main evidence provided by the police at that time also included a patched sack extracted from the body dumping site and a hemp rope embedded with a red rope found in Zhang Yuhuan's home.
The police extracted jute fiber from a work clothes worn by Zhang Yuhuan1October 24th1993 10, and determined that the fiber came from a sack found in the garbage dump.
In court, Zhang Yuhuan denied that the sack belonged to his family. Although the hemp rope belonged to his family, he denied that it was a crime tool.
Wang Fei analysis, in addition to Zhang Yuhuan's guilty confession, the objective evidence of this case is insufficient, not unique and exclusive, and the source of evidence is also in great doubt. The evidence was also collected around Zhang Yuhuan's guilty confession. "On the day of the child's accident, Zhang Yuhuan was doing farm work at home, picking up straw. The scar on his hand was probably injured by crops or farm tools. "
Wang Fei believes that at that time, every household was using similar sacks, from which jute fibers could be extracted. It is difficult to confirm that jute fiber extracted from Zhang Yuhuan is a sack from a corpse dumping site. Moreover, there were no fingerprints and blood on the hemp rope that strangled Zhang Yang, which proved that it was the tool of Zhang Yuhuan's crime.
Wang Fei believes that any false story is always full of absurdity. The location of the crime determined by the police is the home of the Zhang Yuhuan brothers. There is a road in front of the house. The house has no yard and no fence. There are two windows in the room facing the village road. There is neither glass nor curtain on the window. It's noon, killing people in a place like this, I feel incredible.
In addition, the police determined that the time for dumping the body was 10 on the evening of June 24th. Because the child was missing, the whole village was looking for it. "Under such conditions, I don't think there is such time and opportunity." According to the case file, Zhang Yuhuan's murder and corpse dumping site passed through his brother's room, threshing floor and reservoir. "Kill the child at noon 1 1, then put it in my brother's room, pull the child to the threshing floor at night, and then find a chance to throw it into the pond. There are many unexplained places in it."
Also neglected is the testimony of a girl in Zhangjiacun. She said that at noon on the 24th, at 12, she saw Zhang Long and Zhang Yang walking towards the reservoir where their bodies were later found abandoned. The verdict determined that Zhang Yuhuan committed the crime at 1 1 in the early morning. "This testimony was directly ignored, and the prosecution did not take it as evidence," Wang Fei pointed out.
Wang Fei also pointed out that the proceedings in this case were seriously overdue and the pretrial detention was as long as eight years. Zhang Yuhuan was detained from 1993 to1October 27 10, and was not sentenced by the final judgment until 20065438+0 10/October 28, which lasted more than eight years.
The victim's family also moved out of the village.
The wife has remarried and firmly believes that her husband is innocent.
After Zhang Yuhuan went to prison, his family was separated.
My wife Song Xiaonv still remembers the villagers saying that Zhang Long and Zhang Yang were missing. The three families are only 100 meters apart, and she is familiar with both children. She went to find them with Zhang Yuhuan. Finally, the child was found by the villagers and "drifted" to Xiamatang Reservoir. Everyone went to see it, and so did Zhang Yuhuan. Zhang Yuhuan came back and described it to Song Xiaonv. "He said it was scary, so I stopped at once. Stop it, I'm afraid".
Shortly after the police intervened, Zhang Yuhuan was taken away for questioning. Everyone acquiesced that Zhang Yuhuan had killed that man. Even if they don't believe it, Song Xiaonv still feels uncertain. The next day, Zhang Yuhuan never came back.
In the past 25 years, Song Xiaonv has seen Zhang Yuhuan three times.
At first, shortly after the incident, Song Xiaonv went to the detention center every day. "I don't know how many times I have been there, but I just can't put it in and can't see it."
She can't read and can't help Zhang Yuhuan, so she just wants Zhang Yuhuan to tell the truth. The first time I saw him in the detention center, she sharply asked, "Zhang Yuhuan, did you do it?" Zhang Yuhuan looked at her and said, "I didn't. They beat me and wouldn't let me sleep. I won't do that. "
Later, Song Xiaonv lived with two children. Seven years later, she remarried.
In 20 14, Song Xiaonv got cervical cancer. I know I can't live with cancer and I don't want to live, but I just can't get rid of a burden-Zhang Yuhuan. Now her husband advised her to have an operation and said to her, "Go and see Zhang Yuhuan and see if he will let you live or let you die."
Song Xiaonv went to prison and met Zhang Yuhuan. Zhang Yuhuan appeared. "I cried my eyes out. When he saw that I was so thin, he cried with heartache. I said, tell me the truth, I don't have time Zhang Yuhuan always said: I didn't do it, I didn't do it, you believe me. "
In the same way, Zhang Yuhuan also told his cellmate Zhang Ming.
In the detention center, Zhang Ming and Zhang Yuhuan are in the same cell. "He cries injustice in it every day, goes on a hunger strike without eating and fights." Zhang Ming recalled to Zhang Youling that his cellmates learned that Zhang Yuhuan was accused of killing two children, so they nicknamed him "Peanut" because peanuts looked like bullets and said "You must be shot". Zhang Yuhuan rushed up to fight with those people. He shouted, "You can't call me that. I am very wronged. "
After two first-instance judgments, Zhang Yuhuan appealed. 200 1 1 1 28, Jiangxi provincial high court made a final ruling: dismissed the appeal and upheld the original judgment. Lawyer Wang Fei pointed out that when the Jiangxi Higher People's Court tried Zhang Yuhuan's case for the second time, Zhang Yuhuan didn't have a defense lawyer, and the court didn't appoint a lawyer for him, which seriously violated legal procedures.
After Zhang Ming got out of prison, he found Zhang Youling and told him, "Zhang Yuhuan has suffered a lot. He was wronged in prison and committed suicide. He may really be wronged. "
Zhang Youling felt guilty, and Zhang Yuhuan's experience became a thorn in his mind: "If I arrive five minutes late and the children are buried, no one will find out that he killed them, then it is impossible to arrest Zhang Yuhuan. It's all because of me. I really want to find out. He did it. He deserved it. He didn't do it, so we must find the real murderer. "
Later, Zhang Youling began to contact lawyers to help Zhang Yuhuan appeal. Zhang Yuhuan's brother, younger brother, ex-wife and son are all seeking compensation for him.
Lawyer Wang Fei admits that his family can give Zhang Yuhuan very limited help. Zhang Yuhuan complained in his letters, but he was never taken seriously. He wrote many letters. In 2008, he wrote to the Supreme People's Procuratorate. At that time, the Supreme People's Procuratorate also sent a letter to the Jiangxi High Court, and there was no more. Until recently, the Jiangxi High Court made a decision to file a case for review.
Although he did not complain on behalf of Zhang Yuhuan, lawyer Deng Xiaobin is still concerned about this matter: "I hope to give him confidence, stick to it and don't feel that the world has abandoned him."
The Zhangjiawu, which was identified as the crime scene by the police, is now in rags, with debris scattered on the ground and mottled walls. Next to the Zhang family is the home of two murdered boys. All three houses are empty and overgrown with weeds.
Zhang Yuhuan's mother lives alone now. According to family members, the old lady is 8 1 year old this year. She firmly believes that her son is innocent and looks forward to the day when his son returns innocently.