2065438+On July 2, 20051,Xiangtan Intermediate People's Court publicly pronounced the case of intentional homicide of the defendants Zeng Aiyun and Chen Huazhang: the defendant Zeng Aiyun was acquitted.
Zeng Aiyun waited 10 years for this acquittal.
After the verdict was pronounced, at the age of 38, he was immediately sent back to his hometown in Shaodong County, Hunan Province. Zeng Aiyun told the China Youth Daily reporter on the phone that he didn't want to look back at the experience of being detained as a murder suspect: "My mother is disabled and raised me through hard work. I didn't expect to encounter such a thing, but also let her endure the torture of 10 years ... "
Walking on the road of rehabilitation is Zhong Zhiyuan, the attorney of Zeng Aiyun, who is no longer young. From a black hair to a bald head, for Zeng Aiyun, who almost died, Zhong Zhiyuan was involved in this judicial whirlpool that lasted for 10 years from free judicial assistance to attorney.
China Youth Daily reporter learned that this murder case happened in the autumn of 2003, because it involved various entanglements such as two students competing for the love of their girlfriends and tutors, and there were several versions in Xiangtan City, Hunan Province.
In September 2003, after working for two years, Zeng Aiyun returned to his alma mater, School of Mechanical Engineering, Xiangtan University, for postgraduate study. The tutor's evaluation of him is: good grades, strong ability and respect for teachers.
2065438+On the evening of July 23rd, 2005, Zeng Aiyun told the reporter that his family background was miserable. He lost his father when he was a child and his mother was disabled. It was with the support of his three uncles and brothers that he was able to finish his studies.
In graduate school, he met his classmate Chen Huazhang. The 25-year-old man who dragged him into the bottomless pit soon was called "a brother with excellent feelings and a dollar" by some media reports. But Zeng Aiyun denied it. He said that Chen Huazhang was his classmate in the first two years of college, and his grades were excellent. He is also an important cadre of the student union. "At ordinary times, he sees that we are all above. Later, we met in graduate school and had something to say, but our friendship was not deep. "
At Hunan University, Zeng Aiyun had a smooth road to study, but he was in trouble emotionally-at a dinner party, Zeng Aiyun met Li Xia, a fellow college student, and they had a good impression on each other and gradually became very close. But before meeting Zeng Aiyun, Li Xia had been in love with Zhou Yuheng, a graduate student in the same college, for four years. After Zeng Aiyun appeared, he decided to break up with Zhou.
Zhou Yuheng, who can't give up this relationship, is dissatisfied. He later learned from his classmates that Zeng Aiyun had a "style problem". He told Li Xia the rumor and advised her to come back to him.
Zhou Yuheng has excellent academic performance and is deeply loved by his tutor. It is also a "seedling" that college leaders value. After Zhou was killed, someone witnessed that his mentor was very sad and even "cried dizzy".
Zeng Aiyun decided to leave this emotional whirlpool.
The case file shows that in 20031October 27th 19: 30, Zeng Aiyun, who was with Li Xia, called Zhou Yuheng to defend himself and arranged for him to meet in front of the library at 8 pm, expressing his willingness to return Li Xia to Zhou. At about 20 o'clock, with the help of Chen Huazhang, Zhou Yuheng came to the library as scheduled to meet Zeng Aiyun and Li Xia.
After meeting, the two didn't talk much, and Zhou Yuheng was helped back to the dormitory by Chen Huazhang.
At that time, Li Xia noticed that Zhou Yuheng looked dizzy and weak, and his heart was uneasy. He was going to send him back with Chen, but Chen refused. After that, she was still worried and contacted Zhou Yuheng's other schoolmates to say hello.
At 23: 40 that day, an overtime teacher found Zhou Yuheng's body on the grass and immediately called the police.
There was a murder on the campus of the university. The local police did not dare to slack off, quickly detected it and transferred it to the procuratorate for review and prosecution.
The indictment of Xiangtan Municipal People's Procuratorate. 2004 17 accused Zeng Aiyun and Chen Huazhang of intentional homicide. According to the allegations, on June 5438+ 10, 2003, Zeng Aiyun was dissatisfied with Zhou Yuheng's story about his so-called "style problem" to his girlfriend Li Xia and suggested that they break up, so he colluded with Chen Huazhang, who was jealous of his mentor's preference, to teach Zhou Yuheng a lesson.
The prosecution alleged that in 20031October 27th 18: 30, Chen Huazhang put antipsychotic drugs in Zhou Yuheng's tea. At about 22: 28 that day, Zeng Aiyun left when Li Xia answered the phone, and went to Room 308 alone, strangling Zhou Yuheng trapped in a chair with a brown rope. Afterwards, I moved the body with my friends. Chen Huazhang cleaned up the scene and took out Zhou Yuheng's mobile phone card. Then he hid his mobile phone and palm rope in his computer desk drawer and wiped the blood on the ground with a rag. At 23: 40 on the same day, Chen Huazhang sent a text message to Zeng Aiyun and Li Xia with Zhou Yuheng's mobile phone card, saying, "I resign and wish you happiness."
On September 1 2004, Xiangtan Intermediate People's Court sentenced Zeng Aiyun to death and Chen Huazhang to life imprisonment for intentional homicide.
Flaw all the way
That night, lawyer Zhong Zhiyuan repeatedly looked through the copied file and made a series of question marks.
He noticed that when Zeng Aiyun was first questioned by the police, he insisted that he had been with Li Xia that night. After several interrogations, he changed his mouth and admitted to killing Zhou Yuheng. However, on July 14, 2004, when Xiangtan Intermediate People's Court first heard the case, Zeng Aiyun retracted his confession in court, claiming that he had been tortured to make a guilty confession. After all the trials, he denied killing anyone.
Zhong Zhiyuan told reporters that during the meeting, Zeng Aiyun told him that he confessed to the murder because he was tortured by the police. "He told me that during the trial, the police forced him to cross the word horse for a long time, and his upper body must be straight, otherwise he would be beaten. Before long, his crotch and crotch were unbearable. "
Looking closely at other evidence, Zhong felt that Li Xia, the key witness, was obviously intimidated and illegally obtained evidence before giving testimony against Zeng Aiyun: two days before the incident, Li Xia made five confessions in the office of Xiangtan University and the Major Crimes Brigade of Xiangtan Public Security Bureau, all of which claimed that Zeng Aiyun had been with her that night. Since then, she has been put into the detention center on suspicion of harboring crimes and made five confessions. Zeng Aiyun left her for about 20 minutes that night. And these 20 minutes are the time when the police decided that Zeng Aiyun wanted to kill Zhou Yuheng.
Obviously, Li Xia is under pressure.
Furthermore, Zhong found evidence: in the case file, the police interrogators directly threatened Li Xia, "You are not a witness, but a criminal suspect"; Even stressed that "Zeng Aiyun must have left you at 10, so you must answer ..."
Li Xia retorted angrily: "You weren't with him (that day). How do you know ..."
As a result of the confrontation, Li Xia was accused of perjury and sentenced.
Li Xia was forced to commit perjury until the fourth trial of Xiangtan Intermediate People's Court 20 13 eight years later. Xiangtan Intermediate People's Court held that Li Xia's testimony against Zeng Aiyun was illegal evidence and should be excluded.
All the way down, Zhong Zhiyuan was creepy.
The conclusion of his investigation is that this is an out-and-out unjust case, and even the basic investigation logic of the police can't stand scrutiny.
He believes that the evidence that the police found that Zeng Aiyun was killed-there were incomplete shoe prints with the same sole pattern as those worn by Zeng Aiyun at the crime scene, Zeng Aiyun's handprint on the back of the chair, and Zeng Aiyun's palm rope in his pants pocket-were all suspicious.
"The fiber in the pocket was obtained without anyone's witness." Zhong Zhiyuan said that the Hunan Provincial Public Security Bureau concluded that the fiber in the pocket can only be identified as "the same species" as the fiber on the palm rope, but not as the fiber on the palm rope of a murderer. "There is no inevitability between the two. It can't be concluded that the killing palm rope was purchased by Aiyun and used at that time. " Zhong told reporters.
Second, the police said that there were residual footprints on the scene, which were the same as the sole pattern of Zeng Aiyun. "But that's just a mark about 2×4 cm, and Zeng Aiyun's shoes can be seen everywhere in the market. There are many teachers and students in Room 308. When the police investigate, they do not extract other people's shoe prints to exclude them. " As for the handprint on the back of the chair, Zhao Youhong, the teacher of the room, proved that the back of the chair was never wiped when cleaning indoors, and no one was seen wiping the back of the chair. A few days before the incident, Zeng Aiyun came to the room and stayed around Zhou Yuheng's chair.
"I think it is suspicious that the victim's mobile phone, mug for drinking antipsychotic drugs, toilet paper for wiping liquid medicine, rope for killing people, purchase of stable medical records and prescriptions were all found in Chen Huazhang's drawer. The first-instance judgment of Xiangtan Intermediate People's Court also found that Chen Huazhang had been at the scene and that Chen Huazhang's purchase of diazepam was a pseudonym. After the incident, he took Zhou's mobile phone card and reported Zhou's classmates and friends to be safe, trying to create the illusion of leaving because of love. Isn't this a sign of murder? " Zhong Zhiyuan said that he read many diaries written by Chen Huazhang in the case file. Between the lines, Chen met Zhou Yuheng's mentor because of his recommendation, but took away his favorite "burning with anger" from the mentor. This obviously has enough motivation.
In the case file, there is a passage that makes Zhong even more incredible: the police think that two people cooperated to kill people, but Chen Huazhang confessed that Zeng Aiyun strangled Zhou Yuheng while reading in Room 308 that night. After hearing the sound of the chair falling to the ground, he saw Zhou Yuheng fall to the ground.
"If two people have an appointment to kill people, there must be a division of labor. According to the police investigation, it was Zeng Aiyun who killed people, while Chen Huazhang, as a "deputy", quietly read and studied in the back. Does that make sense? Even so, it can be found at the investigation site that Chen Huazhang, who is only 1.56 meters tall, can't see Zhou Yuheng lying on the ground because the desk partition blocks the line of sight. "
In 2008, Zhong Zhiyuan invited two girls from Xiangtan University Law School to the crime scene, and made a simulation experiment under the witness of the law school teacher, which also confirmed that Chen Huazhang's confession was doubtful.