The following is a complete record of Chen Man's case.
199265438+February 25th
A murder and corpse burning case occurred at No.0/09, Shangpoxia Village, Haikou City. Chen Man was identified as the murderer by the local police and was subsequently detained.
1994165438+1October 22nd
After the first and second trials, Chen Man was sentenced to death with a suspended execution and has served his sentence to this day.
For 23 years,
Chen Man's parents, Chen Yuancheng and Wang Zhongyi, and their families, started the road of "Chen Man is not guilty".
2065438+February 22, 2005
Yi Yanyou, a professor at Tsinghua University Law School, and Wang, a lawyer at Sichuan Law Firm, submitted their complaints to the Supreme People's Procuratorate.
20 15 February
Yi Yanyou received the Notice of Review of Criminal Appeal from the Supreme People's Procuratorate, and the Supreme People's Procuratorate decided to lodge a protest against Chen Man's case to the Supreme People's Court.
2065438+April 27, 2005
The Supreme People's Court issued a message instructing Zhejiang Higher People's Court to retry Chen Man's intentional homicide and arson case.
today
The retrial of Chen Man case was held in Haikou.
On February 28th, 65438, Haikou Meilan Prison, the eldest brother Chen Yi and his wife communicated with Chen Man for nearly half an hour. After he got out of prison, Chen Yi said that compared with when he came to see Chen Man 10 years ago, his younger brother was old, dark and thin, but his mental state was much better this time.
The retrial time of Chen Man case is approaching, and many lawyers who have paid attention to Chen Man for many years have rushed to Haikou. Among these lawyers, there are Cao Zheng, a defense lawyer in the first and second trial, a lawyer who once faced in prison all day, and Yi Yanyou, a law professor in Tsinghua University, and Wang, a lawyer in Sichuan. "We hope to witness the return of Chen Man with our own eyes, because this is the most memorable moment in the process of rule of law in China." Cao Yu said.
On the evening of February 28th, 65438, the reporter of Huaxi Dushi Bao also got in touch with the head of the Political Department of Meilan Branch of Haikou Public Security Bureau (formerly Zhendong Branch), a policeman who handled Chen Man's case. On the phone, the person in charge said that due to age, the main police officers who undertook the case in that year had retired one after another. He himself joined the branch in 2003. He has never heard of the Chen Man case, so he doesn't understand it, so it is inconvenient to make any comments.
Chen Man's first-instance lawyer
I wrote 77 complaint materials, almost all of which sank into the sea. "I began to lose heart. After all, the longer the time, the smaller the chance of reversing the case.
A the day before the retrial, big brother: "I made a sun room for my brother."
On February 28th, 65438, the day before Chen Man's retrial, it was drizzling in Haikou, which was a little cold.
In Meilan Prison, Chen Man's eldest brother Chen Yi helped his lover Li Yuqi come here.
They bought a new suit for Chen Man from their hometown in Mianzhu, Sichuan, and sent it to their younger brother.
Sister-in-law Li Yuqi said that jackets, pink shirts, trousers and leather shoes are all formal. "Choosing a pink shirt symbolizes a good omen."
"The clothes didn't arrive, but we made an exception and met Chen Man." Chen Yi said that Chen Man seemed calm, probably because he had been in prison for a long time and the whole person was numb. "My brother is old, black and thin, but I can feel that his spirit is not bad."
During the dinner, Chen Man asked the eldest sister-in-law about her nephew. She nodded when she learned that her nephew was married.
Chen Yi said that he was the only one of the three brothers in the family, and both younger brothers were unmarried and had children. "When the second brother (Chen Man) took the last photo with us, our son was still in his hand. Now he is 27 years old and married." Speaking of which, Rola Chen is very emotional.
Although the clothes were not sent to Chen Man, Chen Yi and his wife were still very happy. "I met Chen Man in advance and chatted."
Because relatives can't talk about the case when they meet, the three of them chatted for a while. Chen Man asked Chen Yi where he lived and whether it was safe, and also asked his parents in his hometown. "Although he called his parents not long ago, he is still very concerned." Chen Yi said.
Earlier, mother Wang Zhongyi said that the old couple were too tired to see their son in court. "We are afraid that we can't come back."
Wang Zhongyi said that the family has every right to let the boss Chen Yi and the eldest daughter-in-law go. "I hope they go and three people can come back."
"We met at 10: 30 and only talked for half an hour." Chen Yi said that he and his brother haven't seen each other for almost 10 years. After half an hour, I still feel that I have a lot to say. "I hope he will come out and reunite with us tomorrow, and the family will sit together and talk slowly."
Chen Yi said that in order to welcome his younger brother home, mom and dad specially pickled two pieces of bacon, made two new beds of cotton wool and a new set of bedding, and vacated the original sun room for his younger brother to live in. "I hope he will forget the prison, forget those dark things, forget the painful life in the past, and open his eyes to see the sunshine every day."
Lawyer: "If you get out of prison, you will seek reasonable compensation."
At 3pm on 28th, Yi Yanyou and Wang, the defense lawyers of retrial case, came to Meilan Prison to meet them, had a final communication before the trial, and told him the process of the trial and some matters needing attention.
The meeting lasted from 3 pm to 5 pm. Lawyer Wang Xianghua West News reporter introduced the meeting. She said, "In addition to telling him the process, it is more important to sort out the witness testimony of that year and help him recall some trials of that year. After all, it has been so many years. "
Due to limited time, Wang only compiled more than a dozen witness testimonies. "He can't remember clearly."
Professor Yi Yanyou, another defense lawyer in the retrial of Chen Man case and director of the Evidence Law Research Center of Tsinghua University Law School, said, "I think Chen Man is innocent, and the Supreme People's Procuratorate has made an unprecedented protest of innocence, but we should pay more attention to how to prevent similar things from happening again."
As for the follow-up compensation in the Chen Man case, Yi Yanyou said that after Chen Man was released from prison, "I have been in prison for more than 20 years, and other reasons have caused physical, mental and psychological harm to Chen Man. I will seek reasonable compensation for him."
My classmates and colleagues are here, hoping to take Chen Man home.
Chen Man's colleague Yao Jun in Mianzhu County (now Mianzhu City) has also been paying attention to the retrial of Chen Man case. He also came from his hometown when he learned the news of the retrial on the 29th.
According to Chen Yi, Chen Man's eldest brother, Chen Man and Yao Jun went to sea together, and later Yao Jun returned to Mianzhu.
Our high school classmate Wang also came. "They came to take Chen Man home." Chen Yi said.
According to Chen Yi, all three brothers worked hard and got good grades. Unfortunately, due to a cold and fever, Chen Man failed in the college entrance examination.
Later, Chen Man was admitted to Mianzhu County Administration for Industry and Commerce by recruiting cadres. "At that time, it was still possible to have two college students and cadres in a family." Rola Chen said, I didn't expect my brother to quit his job and go to Hainan only four years ago, and something happened.
At 7 o'clock on the evening of 28th, Rola Chen received a phone call from his mother, Wang Zhongyi, from his hometown in Mianzhu. On the phone, Rola Chen described the meeting with his brother that day. "My mother was very happy and said that she saw the media reports." Rola Chen comforted her mother to eat well and sleep well, waiting for the arrival of the trial. "I will call you as soon as possible, report the results and report the good news."
B. The lawyer who defended him turned out the yellow file and exposed the handwritten "reasons for identification" of the deputy director of the Public Security Bureau.
Cao Zheng is 75 years old. 1On May 6th, 994, when Chen Man's father, Chen Yuancheng, found him in Haikou, he was working as the director of criminal defense in Hainan Foreign Economic Law Firm.
On the afternoon of February 28th, 65438, sitting in the tea room of a hotel in Haikou, Cao Zheng took out a big stack of materials from his suitcase. "These are all the file materials that I defended Chen Man in the first and second trials, and I have kept them. Although I didn't succeed, these are all witnesses. "
"I will never forget Chen Man's father's love for his son." Cao Yu said. Of course, Cao Zheng still remembers seeing Chen Man in prison. Cao Zheng said that Chen Man had been detained for more than a year. "The whole person's mental state is very poor. He kept saying: He was wronged, not done by him ... "
According to Cao Zheng, he defended Chen Man's innocence in the courts of first and second instance. And cross-examined many reasons in court, such as "Where did the physical evidence go?" and "The witness of the police investigator proved that Chen Man did not commit a crime." However, he is still awaiting probation.
After receiving the final ruling from Hainan Province, Cao Zheng was particularly depressed. He did not give up and continued to rewrite the complaint materials for Chen Man's parents for 77 times. However, almost all of them fell into the sea. "As time went on, I began to lose confidence. After all, the longer the time, the less likely the case will be overturned. "
More than 20 years have passed, and Cao Zheng's files have all been yellowed. However, the handwriting on the paper is still clear. It contains a handwritten material signed by a deputy director of Zhendong Branch of Haikou Public Security Bureau, entitled "The Detection of the Case of" 12.25 ".
This handwritten material consists of 6 pages, all written by hand. The last paragraph of the material reads: "This trial lasted for five nights. In the whole trial process, we always insist on the trial by special personnel, without inducing confessions or extorting confessions. Whether you admit it or not, let Chen Man defend himself in the trial. Through repeated interrogation, Chen Man told all the details of the whole crime scene in several narratives. If it weren't for his case, it would be impossible to know so much about the scene and the case, so we decided Chen Manzuo's case. "
A few days ago, Cao Zheng, who is handling a case in Xinjiang, learned from his peers that the Supreme Court has initiated a retrial procedure for the Chen Man case. "I am very excited. Because I finally saw the hope that Chen Man would go home without guilt. " So, he immediately booked a direct flight ticket from Urumqi to Haikou. After a six-hour flight, he arrived in Haikou, hoping to sit in the gallery and witness Chen Man's return.
Lawyer's prison transcript "He is older than me 10 years old, and looks 20 years older"
Chen Man has been serving his sentence in Haikou Meilan Prison since he served his sentence. Although many lawyers and family members came to visit during this period, the visiting time was rather hasty. From 20 13, Beijing lawyer Chen Jiangang began to intervene in the Chen Man case.
10 year10.9, Chen Jiangang came to meilan prison and was allowed to meet Chen Man, 5/kloc-0 year old. "The meeting lasted a whole day."
Chen Jiangang is in prison, and Chen Man is working in a workshop. When the prison guard called Chen Man softly, Chen Man bowed his back and snorted. When communicating with Chen Jiangang, Chen Man's eyes are always drooping. No matter what Chen Jiangang said, Chen Man looked vaguely, as if what he said had nothing to do with himself. In the afternoon, the meeting between them was arranged in an office. Maybe the numbness has eased before. After half an hour of continuous communication, Chen Man burst into tears and kept crying: "I didn't do it, what am I talking about ..."
After he was released from prison, Chen Jiangang recorded this scene as meeting notes. "A high-spirited youth, after such an experience, completely turned into a numb old man. I see it in my eyes and the pain is in my heart. " Chen Jiangang said, so he and his colleagues personally drafted a retrial complaint.
Chen Jiangang recorded that Chen Man was "completely old", and so was Yi Yanyou, a law professor in Tsinghua University.
20 13 at the end of February, Yi Yanyou met Chen Man in prison. Yi Yanyou wrote in his notes: "I told Chen Man my doubts in detail. He is only 10 years older than me, but he looks 20 years older than me. Frankly speaking, Chen Man's answers to some questions disappointed me. For example, for those details in his confession, Chen Man's answer is: I can't explain these things clearly. How can I explain it to them until they find out the facts? Chen Man was very excited and thought that I didn't understand him and the whole society failed him. When he was so excited, I didn't try to stop him or interrupt him, because I wanted to see a real Chen Man clearly through these questions. After repeated questioning, I generally understand that Chen Man basically has no social experience. Regarding the question of why there was no appeal, Chen Man made it very clear: he did not get the judgment after the judgment of the first instance; He has been waiting for the second-instance lawyer to come to see him and help him appeal, but the lawyer has not waited, so he delayed.
It's hard to find a trace of Shangpo Xiacun 109, which was committed 23 years ago.
On the afternoon of February 28th, 65438, the reporter from Huaxi Daily came to Shangpoxia Village, Meilan District, Haikou City, where the Chen Man case was committed. However, the location of the crime recorded by the police in that year-Shangpoxia Village 109, has long been hard to find.
An old man who has lived here for 30 years recalls that there was indeed a murder and arson case in Shangpoxia Village. However, time has passed for a long time, and he has long forgotten what happened and who did it. Moreover, as early as many years ago, the specific location of the case-Shangpoxia Village 109 has been demolished.
"The disappearance of 109 may make us forget it faster!" The old man said, however, the Ningtun building where the murderer was arrested is still there, and it takes several minutes to walk from the crime scene. Subsequently, the reporter from Huaxi Daily came to Ningtun Building, which was renovated by Chen Man with his workers in those years, and now it has become a very shabby building compared with the surrounding high-rise buildings.
The police who handled the case in those days have retired one after another.
As a policeman who undertook the Chen Man case in those days, what is the attitude of Zhendong Branch of Haikou Public Security Bureau towards the Supreme People's Procuratorate and the Supreme Court to initiate the retrial of Chen Man case?
According to Huaxi Daily, with the change of place names, Zhendong Branch of Haikou Public Security Bureau has been renamed Meilan Branch. On February 28th, 65438 Huaxi Newspaper got in touch with Director Hu of the Political Department of Meilan Branch of Haikou Public Security Bureau. Director Hu said that our bureau did not know that the case had entered the retrial procedure. When the reporter of Huaxi Daily suggested that he hoped to get in touch with the police handling the case at that time, Director Hu responded that the police handling the case had retired one after another due to a long time. He was transferred to the sub-bureau in 2003, and he is not familiar with Chen Man's case, so it is not convenient to express any opinions.
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