Lawyer

"What is the defendant's defender's opinion on this evidence?" The presiding judge looked at Fang Yi, showing no emotion.

"The defender believes that the contents of Jiao Shangying's previous and subsequent statements are inconsistent and contradictory, and there are many unreasonable points. The authenticity of Jiao Shangying's report that the defendant Deng Junshan is a murderer is doubtful and cannot be used as evidence to determine the facts in this case.

First of all, Jiao Shangying did not identify the murderer in his first statement after the incident that year, but in his first statement four years later, he claimed to have seen the face of the murderer and recognized his son Deng Junshan.

In the subsequent statement, she also saw the outline of the murderer's face under the hat very similar to Deng Junshan. As soon as the murderer spoke, she knew it was Deng Junshan.

Jiao Shangying's statement above has changed significantly, especially the basis for judging the murderer's identity is inconsistent, and the formation of the statement is not natural.

Secondly, Jiao Shangying stated that the murderer broke into the house on the night of the incident, saying that Deng Lu used to punish others when he was a village cadre, and he came to avenge him. If Deng Junshan deliberately fabricated lies to cover up his identity, then why did he choke him face to face? Jiao Shangying's neck, isn't it afraid that Jiao Shangying can see his face clearly and hear his voice?Obviously, Jiao Shangying's statement is illogical and unexplainable, and its authenticity is doubtful.

In the end, Jiao Shangying stated that the murderer was holding a wooden stick in his right hand, but he also reflected that Deng Junshan was a left-handed person, but he used his right hand to hold a wooden stick in a state of high mental stress. This in itself does not conform to logic and daily habits.

Therefore, Jiao Shangying's report and testimony are doubtful and cannot be used as evidence for conviction in this case.complete. "Fang Yi issued a cross-examination opinion.

"The public prosecutor continues to present evidence." Hearing Fang Yi's cross-examination opinion, the presiding judge frowned imperceptibly, feeling that this matter was a bit strange.

"The ninth piece of evidence, the defendant Deng Junshan's confession before the trial: many years ago, after he got married, he separated from Deng Lu. Because Deng Lu's distribution of family property was unfair, he always had opinions, so he hated Deng Lu.

Because of the family separation, he lost face at his parents-in-law's house. On the night of the crime, he drank at his father-in-law's house, and the more he thought about it, the more angry he got, so he found a hoe while his wife and children were not at home. I saw off one end of the hoe with a saw and left it at home, and took the remaining end to my parents' house.

For fear of being discovered by others, he found a black cloth to cover the part below the nose, wore a khaki soft hat, a pair of thread gloves, and took a flashlight.

He pried open the door and entered Deng Lu's house. He first took out the pliers in the desk drawer in the main room and cut off the wires in Deng Lu's bedroom.

When Jiao Shangying was getting ready, he hit Jiao Shangying on the head and hands.Then, he grabbed Jiao Shangying's neck and asked where the money was. Jiao Shangying said it was in a small box on the kang, and he took out all the money in it and put it in his pocket.

Afraid that Jiao Shangying would go out and call for someone, he tied Jiao Shangying's feet with a rope again, and Deng Lu remained lying on the bed without moving.

After leaving the scene, he burned the blood-stained shoes and clothes he wore when he committed the crime. Because he was too nervous, the half of the wooden stick used for the crime was left at the scene, and the other wooden stick and the gloves used for the crime were left behind. In his own home, thrown into the pigsty.In order to confuse the public security organs, he even picked the lock on the box in his house.Plus, he admits to being left-handed. "The female prosecutor testified.

"What objection does the defendant Deng Junshan have to the evidence?" The presiding judge stared blankly at Deng Junshan in the dock.

"I have an objection. I don't agree with this evidence. I couldn't stand it until I signed the confession. I never said such a thing. The confession is not true." Deng Junshan said excitedly.

The confession was reversed in court!
Both Fang Yi and Cao Yongzheng were moved. Sure enough, there was a problem, but after all, it is difficult to prove without evidence.

"The defense of the defendant cross-examines this evidence?" said the presiding judge.

"The defender believes that the evidence is untrue and cannot be used as evidence to determine the facts of the case.

First of all, Deng Junshan confessed that he committed the crime with his face masked, while Jiao Shangying said that the murderer was not masked.Jiao Shangying stated that the murderer was holding a stick in his right hand, while Deng Junshan confessed that he was holding a stick in his left hand. There are obvious contradictions in the testimony of both parties.

Secondly, Jiao Shangying stated that Deng Lu had been humming after being beaten. Later, the murderer took two brown ropes from the house and tied her and Deng Lu's feet.Deng Junshan confessed that he beat Deng Lu on the head with a wooden stick, and then tied Jiao Shangying's feet with a rope, and Deng Lu remained lying on the bed without moving.Regarding whether Deng Lu's feet were tied, the descriptions of the two were contradictory.

In the end, Deng Junshan confessed that he left the wooden stick used to commit the crime at the scene, left the other part of the wooden stick he saw off in advance and the gloves he wore when committing the crime at home, and even picked the lock on the box in his house for the sake of Create false appearances to avoid suspicion.

The defendant, Deng Junshan, is a normal adult. According to ordinary people's thinking, the safest way should be to destroy all the evidence related to the crime.After committing the crime, Deng Junshan was about to burn the clothes, shoes and black mask he wore, but he took the thread gloves back home, and left the wooden stick and a part of the wooden stick used in the crime respectively in a place where a relationship could be established. The two scenes of the relationship, which is obviously unreasonable.

The statement of the victim Jiao Shangying and the confession of the defendant Deng Junshan are evidence materials that directly prove the facts of the case. There is also a fundamental contradiction.

Therefore, the defender believes that the basic facts of the case cannot be ascertained through the above-mentioned evidence.complete. "Fang Yi issued cross-examination opinions.

His intention is very clear. Although the existing evidence cannot directly prove the innocence of the defendant, the key evidence provided by the procuratorate is inconsistent and there are contradictions among the evidence. If there is a complete chain of evidence, then this case will not be easy to convict.There is no doubt that there is no doubt, and the court is very likely to acquit the defendant.This is the defense plan he and Cao Yongzheng decided on.

……

"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts.

Let the prosecutor speak first. " said the presiding judge.

"Presiding judge, judge: The defender believes that the defendant Deng Junshan had conflicts with his father Deng Lu because of problems such as separation of family and building a house, so he deliberately murdered... Deng Junshan's behavior has constituted the crime of intentional homicide and robbery, and should be punished for several crimes. We recommend that the defendant be sentenced to death. Finished." The female prosecutor said. (end of this chapter)