Before leaving in the afternoon, Zhang Hui said goodbye to his fiancee. At that time, the 27-year-old boy also ridiculed that the other party had given up smoking. As a result, his mother-in-law handed him cigarettes in the future, and he smoked again. The fiancee scolded him lightly and the young couple frolicked.
The scene deeply imprinted on Zhang Gaoping's mind is that his wife cooked several good dishes for him. After a hearty meal, he and his nephew climbed into the van. Zhang Gaoping, born in 1965, has always wanted to get ahead. 16 years old went to work in a kiln factory. In 2003, he had been in the freight business for more than ten years, and the tractor was replaced by a big truck. Because it was hard and unsafe for a person to run a long distance, he took his nephew Zhang Hui with him.
On this day, an uncle and a nephew took a girl halfway, and at 1: 50 in the morning, the other party got off. They didn't know that the girl was raped and killed the next day until they were locked out three days later.
Late at night on May 23, 2003, Zhang Gaoping and Zhang Hui were detained as suspects.
On May 9, 2003, a female body was found in the ditch of Dongmuwu Village, Liusi Road, Liusi Town, Xihu District, Hangzhou. Investigation by local public security organs revealed that it was Zhang Hui and Zhang Gaoping's nephew and uncle in Shexian county, Anhui province who drove the goods that night and were entrusted to transport the victims. Zhang Gaoping was 38 years old and his nephew Zhang Hui was 27 years old.
After seven days and seven nights of interrogation, my uncle finally confessed and killed the girl with a hammer. But in fact, the girl died of suffocation.
Later, he and Zhang Hui were put into the cell of the "warden and jailer" placed by the police. If they don't do what they say, they will be beaten. Finally, they copied the confession according to the meaning of "warden"
When the crime was committed at the wrong time and place, and even the DNA under the victim's fingernails belonged to a third party, two uncles and nephews were sent to prison with these two confessions. On April 2, 2004, the Hangzhou Intermediate People's Court sentenced Zhang Hui to death and Zhang Gaoping to life imprisonment for rape. Half a year later, Zhejiang Higher People's Court finally commuted Zhang Hui's death sentence and sentenced Zhang Gaoping to fixed-term imprisonment of 15 years. In the following four years, Zhang Gaoping and Zhang Hui were transferred to two prisons in Xinjiang to serve their sentences.
On June 65438+1October 65438+1October 9, 2004, Zhejiang Higher People's Court sentenced Zhang Hui to death with a suspended execution and sentenced Zhang Gaoping to fixed-term imprisonment of 15 years.
Subsequently, the two were sent to Xinjiang to serve their sentences. While serving his sentence, Zhang Gaoping has been complaining about his case, and his complaints can fill a sack.
20 1 1 in may, Zhang Gaoping appealed to the supervision office of Shihezi city procuratorate again, claiming that he was "framed".
Zhang Gaoping, who is 4000 kilometers away from his hometown, collects reports of unjust, false and wrong cases by watching TV and magazines. He delved into DNA knowledge and criminal law. "The complaint materials were written in a sack." As for the result, he said that if he failed, he would commit suicide to prove his innocence.
Zhang Hui is not as competitive as her uncle. Because of his youth, he was convinced that "only when he goes out will he have a chance to turn over a new leaf." Two years later, the death penalty was reduced to indefinite period, another two years later, indefinite period was reduced to nineteen years.
Outside the prison, Zhang Gaofa never stopped complaining for his younger brother and son. Lawyer Zhu Mingyong remembers that he first met Zhang Gaofa on1October 24th and 20 10165438. The thin man carried ham from Beijing to Zhengzhou, slept on the overpass, and finally found him.
"Poor wind." Zhu Mingyong said. He was the defender of a murder suspect in Henan, and finally he was cleared. The case involved a prison director named Yuan, who assisted the police in extorting a confession by torture.
Zhang Gaoping and Zhang Hui saw the report and found that the person who beat them and forced them to copy the confession was Yuan. Zhang Hui tore off the page of the magazine and sent it to his father.
20 1 1, with the joint efforts of Zhu Mingyong and a prosecutor from the Procuratorate of Shihezi City, Xinjiang, the Zhejiang Provincial Political and Legal Committee reviewed the case and the Zhejiang High Court filed a retrial. During the examination, the male DNA under the fingernails of the murdered girl also found the owner-Gou Haifeng, the criminal of another rape and murder case in Hangzhou. This man was executed as early as 2005. On February 27th, 20 12, Zhejiang Higher People's Court filed a case for review, and formed a collegial panel to review the case file, check the interrogation video, and investigate and verify the relevant evidence. On July 20 12, the review collegiate panel made a special trip to the victim's hometown in Anhui to investigate. In August, he went to Korla Prison and Shihezi Prison in Xinjiang to interrogate Zhang Hui and Zhang Gaoping respectively, and went to Xinjiang to exchange Zhang Hui and Zhang Gaoping on June 20 13.
On February 6th, 20 13, after discussion by the Judicial Committee of Zhejiang Higher People's Court, it was found that there was new evidence to prove that the original judgment was indeed wrong, and it was decided to retry. The new evidence comes from mixed DNA extracted from the victims of the case. After physical evidence identification, the mixed DNA does not match the average value of Zhang Hui and Zhang Gao.
In fact, the case handlers have described the case-handling process in detail through the media. Zhang Hui and Zhang Gaoping retracted their confessions many times during the trial. Not only did the police not find the physical evidence consistent with them on the victims, but they found the DNA of a third man unrelated to the two involved in the case under the fingernails of the deceased. In the retrial judgment of Zhejiang Higher People's Court, it was found that because the interrogation video and the guilty confession of the suspect were incomplete, the police's evidence collection procedure was not standardized, and the main evidence identified in the first and second trials could not be used as final evidence. The Higher People's Court of Zhejiang Province held that "the conclusion of DNA identification in this case has nothing to do with the criminal facts of this case". During the review, the task force found that the DNA evidence extracted from the victim in this case was consistent with Gou Haifeng, a taxi driver who killed Wu Jingjing, a girl from zhejiang university city college, in 2005. Gou Haifeng was executed by the Zhejiang Provincial High Court in April 2005.
2065 438+03. 03. 20 Yesterday, Zhejiang Higher People's Court said that it would pay state compensation to Zhang Hui and Zhang Gaoping according to law. But now the two sides have not reached an agreement on the specific amount of compensation. "It's about six or seven hundred thousand." Yan Huafeng, a lawyer at Zhejiang Handing Law Firm, said.
On the third day after Uncle Zhang was acquitted, the Zhejiang Provincial Public Security Bureau publicly apologized to them through official website and Weibo. But when others told the news to Zhang Gaoping, he waved vigorously and said, "I don't know."
The middle-aged man who claimed to see through everything said that he didn't want to marry another wife. He hopes to cure the disease first and then live a good life with his daughter. Zhang Hui wants to find a job quickly and be filial to her parents.
On their third night home, firecrackers sounded and fireworks shot into the sky one after another. A uncle and nephew man looked up, their faces reflecting the red light of fireworks.
"Happy!" Zhang Hui said. He licked his lips and said that when he came back from a long trip, he always went to the top of the mountain to drink spring water, which was "extremely sweet". Now, he wants to go up and shout a few times and shout out all the grievances of these years.
In the acquittal court, Zhang Gaoping said to the judge, "You are judges and prosecutors today, but your descendants may not be. If there is no legal and institutional guarantee, your descendants can also be wronged or may be on the verge of death. "
Then he turned to his nephew and said, "Stand up straight and don't cry!" " "
Bailiff, come and untie Zhang Hui. He quickly changed into prison clothes. He didn't look back when he left prison. He said that he would completely forget the high-wall power grid that does not belong to him. "I just want to go home." 201On May 7th, March, Zhejiang Higher People's Court made a decision that Zhang Hui and Zhang Gaoping were not guilty of state compensation after retrial, and paid Zhang Hui and Zhang Gaoping state compensation 1 1057306 yuan and * * * 221.146666 respectively.