[Not Guilty Defense-19]
After the witness questioning phase was over, Yue Xingwen returned to the defense table and sat down.
The presiding judge was silent for a moment, then said loudly: "The questioning session is over, and then we enter the stage of presenting evidence for both parties. First, the public prosecutor is invited to present evidence. The defendant and defense lawyer can question the authenticity of the evidence in court for confirmation and debate."
The proof stage during the trial is also very critical, and every piece of evidence must be carefully analyzed and confirmed. Evidence obtained by illegal means, such as wiretapping and candid photography, is not recognized in court.
The prosecutor's assistant connected the USB flash drive to the computer, and the two pictures were enlarged on the screen—the photos of the deceased's wounds and the identification of the cause of death issued by the forensic doctor. A staff member also handed over two paper certificates to the court.
The prosecutor immediately stood up and said, "Here are the photos of the crime scene and the evidence for the identification of the cause of death. According to the forensic examination, the deceased had no other trauma, and there was no trace of sexual assault before his death. There was only one wound on the heart. The murder weapon drawn through wound analysis and modeling is exactly the same as the fruit knife seized at the scene."
The assistant brought the murder weapon, sealed in a sterile plastic bag, to the court.
The prosecutor continued: "The blood on the fruit knife belongs to the deceased Xie Xiangqin, and on the handle of the knife there is only the fingerprint of the defendant, Zhu Xiaoting. This is the result of genetic identification of the blood on the murder weapon and fingerprint identification."
On the big screen, two pictures of the appraisal certificate were released at the same time.
The presiding judge nodded and said, "Do the defendants and defense attorneys accept this evidence?"
Zhu Xiaoting looked at Lan Yarong and Yue Xingwen helplessly. Unexpectedly, Yue Xingwen and Lan Yarong discussed a few words in a low voice, stood up abruptly, and looked at the tribunal calmly: "The defendant accepts the physical evidence related to the murder weapon."
Many in the audience were surprised.
This physical evidence, whether it is the way to obtain it or the identification result, can't be denied. If they deny it, it will become a mess. Yue Xingwen said from another angle: "However, the fact that there is only the fingerprint of the defendant Zhu Xiaoting on the murder weapon does not mean that Zhu Xiaoting is the murderer."
The prosecutor frowned and said, "The defense lawyer thinks that the murderer is someone else and did not leave fingerprints on the murder weapon?"
Yue Xingwen nodded: "Yes. If the murderer had planned to kill someone for a long time, and the murderer could wear a pair of gloves to commit the murder, then no fingerprints would be left on the murder weapon. Zhu Xiaoting's testimony also showed that when she entered the 703 dormitory, , Xie Xiangqin has fallen in a pool of blood, she accidentally touched the murder weapon in order to save people."
Yue Xingwen looked at the big screen and immediately said, "Please show the last photo to the assistant."
The assistant returned the photo, and the forensic photo of the deceased's wound and the death cause identification certificate appeared on the screen. Yue Xingwen continued: "Zhu Xiaoting had diarrhea on the beach all night because Lin Xuefei, the murderer of Liu Jiajia's case, was in her food. Laxatives, in the Liu Jiajia case judged this morning, Lin Xuefei mentioned this in her statement. Please allow us to submit relevant supporting materials to the court."
The presiding judge nodded, and Lin Manluo handed over the printed evidence to the court.
Yue Xing Wen said: "A thin girl who has diarrhea all night and weighs less than 100 jin does not have enough strength to stab a person in the chest with a knife. Zhu Xiaoting's liberal arts major in high school, the university is a translator, and her family and friends do not have any. Medical professionals don't know the structure of the human body at all. Even if she had a dispute with the deceased, she would stab each other with a knife when she had diarrhea all night and her body was weak. other wounds."
The prosecutor frowned and said: "The defense lawyers are all hypothetical reasoning, and there is no actual evidence!"
Yue Xingwen said: "But this murder weapon is indeed suspicious. It is too arbitrary to confirm that Zhu Xiaoting is the murderer based on her fingerprints. If I touch this fruit knife and leave my fingerprints, then I will also be the murderer?"
The prosecutor said: "The evidence is of course not only the murder weapon, but also the footprints."
The evidence for the identification of the footprints was released on the big screen: "Presiding Judge, this is a photo from the 703 dormitory at the crime scene. After trace collection and identification, the public security organ concluded that the footprints at the crime scene belonged to the deceased Xie Xiangqin and the defendant Zhu Xiaoting; The fingerprints of four people were collected in the environment of the 703 dormitory, belonging to four roommates Xie Xiangqin, Zhu Xiaoting, Mao Yue, and Li Huijuan. Since Mao Yue and Li Huijuan both had alibi on the morning of October 26, the footprints and fingerprints in the dormitory, It is enough to confirm that at the time of the incident, there were only the deceased Xie Xiangqin and the defendant Zhu Xiaoting in the dormitory 703, and no trace of a third party was found. Therefore, the defense lawyer's hypothesis that someone killed Xie Xiangqin and put the blame on Zhu Xiaoting is not valid!"
In addition to the photos, the prosecutor showed everyone a written appraisal certificate issued by a professional from the Police Appraisal Section.
With the help of high-tech equipment, there is no possibility of mistakes in the identification of fingerprints and footprints - trace identification, this evidence is very convincing.
There were only two people at the crime scene. How should this be explained
The presiding judge asked: "Do the defendant and defense attorney accept the evidence?"
Lan Yarong stood up directly and said decisively, "I don't approve."
The crowd in the auditorium under the stage looked at each other in dismay.
Lan Yarong walked over to Zhu Xiaoting calmly and asked with a smile, "Zhu Xiaoting, what size shoes are you wearing?"
Zhu Xiaoting said: "37 yards."
Lan Yarong continued to ask, "Do you know what size shoes Xie Xiangqin is wearing?"
Zhu Xiaoting thought about it for a while and confirmed, "Size 39, she is taller and has bigger feet."
Lan Yarong glanced at Lin Manluo: "Please ask our assistant to submit proof materials related to shoe size."
In the picture released by Lin Manluo, two pairs of sandals of the same style appeared. The simple design of the cross straps can be worn as sandals with casual clothes, or as slippers every day. Two pairs of shoes, one red and the other blue.
The bottom of the shoe is shown in the second photo, and it can be seen that the texture of the two pairs of soles is exactly the same.
Lan Yarong said: "These two pairs of shoes are of the same style and different colors, the soles are wavy, there is no difference, and there is no difference in the footprints left. Among them, the red sandals belong to Xie Xiangqin, while the blue ones belong to Xie Xiangqin. This double… "
Lin Manluo released the next photo.
In the photo, a girl in a blue dress and blue sandals smiled brightly at the camera with two cute little dimples on her cheeks. "She" was just confirmed by the dormitory aunt not long ago that she had appeared in the girls' dormitory many times - Ji Xiaohui, a man disguised as a woman!
Lan Yarong looked back at the presiding judge and said lightly, "These shoes belong to Ji Xiaohui."
The audience in the auditorium gasped in relief!
Ji Xiaohui, actually bought a pair of shoes exactly like Xie Xiangqin? !
Lan Yarong said: "Ji Xiaohui is 175cm tall, and the shoe size is too small, so he can wear shoes of size 39. He has a pair of sandals of the same style as Xie Xiangqin, and he often wears these shoes when he dresses up as a woman. The dormitory aunt also confirmed just now. , Ji Xiaohui has appeared in the girls' dormitory many times. Then, the footprints of the two people identified in the 703 dormitory, the footprints left by the size 37 shoes are undoubtedly Zhu Xiaoting's, but the footprints left by the size 39 shoes are really only Xie Xiangqin's? ?"
The public prosecutor was stunned for a moment, and they were obviously shocked by the same shoes that the defense lawyers found out.
The presiding judge nodded and motioned her to continue.
Lan Yarong turned to look at Lin Manluo and asked her to release the photo of the crime scene just now, saying: "Xie Xiangqin was wearing these sandals when he died. Ji Xiaohui has a pair of shoes of the same style as hers. If Ji Xiaohui enters the 703 dormitory , then, only the footprints of the same model will be left on the ground."
"Because the floor of the dormitory is covered with stone bricks, it is not like sand and snow, so it is impossible to judge the weight by the depth of the footprints. Judging from the traces, the two pairs of sandals leave footprints of 39 yards with wavy patterns. These footprints It does not necessarily belong to Xie Xiangqin! Therefore, it is unbelievable that only Xie Xiangqin and Zhu Xiaoting are at the scene of the crime to be judged by their footprints!"
Senior Sister Lan usually has a friendly smile and a petite stature. But at this time, standing in the courtroom, her voice was clear and powerful, her eyes were calm and composed, she changed her body, and instantly turned into the appearance of a capable strong woman.
Her articulate argument made the prosecutor frown more and more, and the presiding judge also looked suspicious.
The presiding judge asked: "Does the prosecutor agree with the evidence about shoe size submitted by the defense lawyer?"
The prosecutor was silent for a moment, then nodded.
This is the first time the prosecution has nodded to the evidence submitted by the defense. Obviously, they have also begun to doubt this case in their hearts!
This is a good sign.
Lan Yarong gave Yue Xingwen a wink, sat back to drink water, and changed Xingwen to continue.
The prosecution began to submit follow-up evidence: "The skin fragments found in the nails of the deceased Xie Xiangqin were genetically identified and belonged to Zhu Xiaoting. On the day of the incident, Zhu Xiaoting had scratches on the back of her hand, which were consistent with the results of skin tissue identification."
Yue Xingwen said: "The defendant recognizes the evidence. But please refer to Zhu Xiaoting's testimony. When she entered the 703 dormitory, Xie Xiangqin had already fallen in a pool of blood. She stepped forward to save people. Xie Xiangqin was eager to live out of human instinct. Grabbing her hand, Xie Xiangqin's nails are very long, and in the process of grasping Zhu Xiaoting's hand, the back of her hand is scratched, which is normal."
He looked at the prosecutor calmly, and said calmly: "On the contrary, if Zhu Xiaoting and Xie Xiangqin had a dispute at that time, then Xie Xiangqin was not just scratching the back of Zhu Xiaoting's hand. I think many of you sitting here have seen girls. When two girls fight, will they gently scratch the back of each other's hands with their fingernails?"
After hearing this, everyone suddenly felt that this young lawyer made a lot of sense! When two girls are fighting, who will scratch the back of each other's hands without pain? Shouldn't you just scratch your face, or just tear your hair
Scratching the back of his hand, this is more like Xie Xiangqin trying to grab the opponent's hand.
Then they are not fighting!
Yue Xingwen said: "With the length of Xie Xiangqin's fingernails, if the two of them really had a dispute and it was so serious that Zhu Xiaoting would stab her to death, Xie Xiangqin couldn't just sit still and scratch the back of Zhu Xiaoting's hand. At that time, Xie Xiangqin had no signs of fighting, and Zhu Xiaoting was only slightly scratched on the back of his hand, which did not conform to the premise of the prosecutor's reasoning that 'the two girls clashed and Zhu Xiaoting stabbed Xie Xiangqin to death'. It does not prove that Zhu Xiaoting is the murderer, and it is recommended that the court not accept this evidence."
The presiding judge carefully considered for a moment and said, "The evidence of skin tissue is not convincing enough and will not be accepted."
The prosecution's evidence has been submitted. The balance began to gradually tilt in the direction of Zhu Xiaoting.
Yue Xingwen continued: "Next, we want to submit some evidence to the court."
Several photos appeared on the big screen.
The first picture is the shopping record of Ji Xiaohui's network ID as Four Seasons Rufeng.
Yue Xingwen said loudly: "Four seasons are like the wind, this is Ji Xiaohui's ID registered on the shopping website, which has been confirmed by his roommate. Searching the shopping records, it is found that in the past six months, in addition to buying COS animation clothing, he also bought Two sets of everyday women's clothing, women's shoes, and wigs. In addition, he also bought three anime figures."
In the next picture, these three figures appear on Xie Xiangqin's table.
Yue Xingwen gave a slight pause: "He gave Xie Xiangqin all these figurines worth more than 1,000 yuan."
******
[Not Guilty Defense-20]
Before the trial, Yue Xingwen and Lan Yarong discussed strategies for the trial all night.
Yue Xingwen often participates in debates and has flexible ideas. Lan Yarong is a top student in the law school and is more professional in court trials. After careful discussion, the two discussed a solution—
It is very difficult to directly help Zhu Xiaoting clean up, after all, the prosecution has a lot of witnesses and physical evidence. So, how can we convince the presiding judge that Zhu Xiaoting is innocent
That is to find another murderer in court!
As long as the other murderer's motive, evidence logic, and possibility of killing Xie Xiangqin surpass Zhu Xiaoting's, then Zhu Xiaoting's suspicion will naturally be reduced. The case was closed and Zhu Xiaoting was sentenced to death.
Ji Xiaohui was not present today, and the only defendant today was Zhu Xiaoting, and it was impossible for the police to catch the real culprit on the spot. However, the presiding judge can temporarily acquit Zhu Xiaoting and let the procuratorate re-investigate the case to collect more clues.
That's their purpose.
At this point in the trial, whether it is the onlookers or the presiding judge, the attention to "Ji Xiaohui", the women's clothing boss, has completely surpassed that of Zhu Xiaoting.
Although the evidence submitted by the defense cannot directly prove that Ji Xiaohui committed a crime, every piece of evidence indicates that "there are a lot of doubts in this case".
Yue Xingwen looked at the presiding judge and said word by word, "These evidences are enough to show that the relationship between Ji Xiaohui and Xie Xiangqin is not simple. Xie Xiangqin is Zou Yijia's girlfriend, and Ji Xiaohui, as Zou Yijia's roommate, should avoid suspicion."
"However, not only did he have a close relationship with Xie Xiangqin in private, but he also gave her expensive figurines, took her to the comic exhibition, and the two of them held hands and took pictures intimately. In addition, Ji Xiaohui disguised himself as a woman and went into and out of the girls' dormitory many times. We have ample reasons to suspect— Ji Xiaohui and Xie Xiangqin are cheating on someone!"
When this conclusion came out, the audience was shocked.
Men disguise themselves as women, sneak into the girls' dormitory, and have an affair with a roommate's girlfriend... This simply refreshes the three views of human beings!
Yue Xingwen went on to say: "The auntie's testimony mentioned that Ji Xiaohui, who was disguised as a woman, went back to the dormitory many times on weekends and left early in the morning because he was working and studying abroad. The reason is of course that he deceived the dormitory. Yes, the real reason is - on weekends, Xie Xiangqin is often alone in dormitory 703!"
Lin Manluo immediately released a large number of screenshots of the circle of friends.
Yue Xingwen began to sort out one by one: "On May 1, the three of Zou Yijia's dormitory played together, Xie Xiangqin told her boyfriend to go to the movies with her best friend, but the circle of friends showed that Li Huijuan, Mao Yue, and Zhu Xiaoting all took advantage of the five After returning home from a holiday, Xie Xiangqin was the only one in the 703 dormitory. After the comic exhibition, Ji Xiaohui most likely entered the girls' dormitory."
"On the weekend of June 6, the circle of friends showed that Mao Yue went to the all-night study room for self-study, Li Huijuan was not in the dormitory, and Zhu Xiaoting took the high-speed train to go out for an interview. Did Ji Xiaohui also come to the girls' dormitory this weekend?"
"On July 4th, it was also a weekend. Xie Xiangqin was alone in the dormitory, and the three boys in dormitory 105 played games together. Ji Xiaohui was again missing because Ji Xiaohui was disguised as a man and entered the girls' dormitory!"
Screenshots from the circle of friends were listed on the big screen. Whenever Xie Xiangqin was alone in the dormitory on weekends, Ji Xiaohui disappeared in the boys' dormitory.
coincide
How could there be so many coincidences!
Yue Xingwen finally released a screenshot: "On the day of the incident on October 26, Zhu Xiaoting went to the beach for barbecue, not in the dormitory; Li Huijuan went to the unit for an internship, not in the dormitory; Mao Yue went to the overnight study room to study again, and only Xie Xiangqin was left in the 703 dormitory. ."
Yue Xingwen looked at the presiding judge and said sincerely, "So, did Ji Xiaohui come to the girls' dormitory again?"
Everyone: "..."
Although it would be a coincidence to analyze a certain weekend alone, but after so many weekends, the analysis was carried out step by step, and finally the conclusion that "Ji Xiaohui came to the girls' dormitory on October 26" is really very convincing!
The crowd in the audience widened their eyes, and the presiding judge also sat up straight and listened carefully to Yue Xingwen's narration.
Yue Xingwen continued: "On October 26th, the four boys in the 105 dormitory played black games together until 4:00 in the morning. They could testify to each other that no one left before 4:00. But what about after 4:00? Because of staying up late Because of this, all four of them said that they slept until 11:00 noon, and of course they couldn’t be sure whether their roommates had left when they were asleep.”
"So, in theory, Ji Xiaohui and his roommates play black games until 4 am, he can sneak into the girls' dormitory while the roommates are asleep, like in the previous weekends. Due to the damage of the access control and monitoring system of the girls' dormitory, the Even if Auntie is sleeping, he will not be stopped by anyone."
"The key to the 703 dormitory has been lost. In the past, when he came to the 703 dormitory, he would make an appointment with Xie Xiangqin, and Xie Xiangqin could take the initiative to open the door for him. But this time, he was determined to kill Xie Xiangqin, so he put on gloves and took the key to himself. After opening the door and entering the dormitory, he killed Xie Xiangqin with Zhu Xiaoting's fruit knife."
"Because he was wearing the exact same shoes as Xie Xiangqin, no third person's footprints would be left at the scene. If he put on gloves, his fingerprints would not be left on the murder weapon. After committing the crime, he saw Zhu Xiaoting coming back from the balcony window, so he To frame the blame, pick up Xie Xiangqin's mobile phone, call Zhu Xiaoting, send WeChat, and then turn around and leave."
Yue Xingwen looked back at the presiding judge: "I know that our reasoning has no factual evidence, and the dormitory monitoring is damaged, so it cannot be confirmed whether Ji Xiaohui came to the girls' dormitory on the day of the crime. However, this possibility cannot be completely ruled out. Then I can't convict my client Zhu Xiaoting hastily!"
Yue Xingwen's voice was sonorous and powerful. After he finished speaking, the entire courtroom was silent, and everyone seemed to fall into deep contemplation. Yue Xingwen, who is experienced in debate, knows how to speak in order to directly hit people's hearts.
Judging from the performance of the audience in the gallery, his speech today was not bad.
Yue Xingwen walked back to the defense lawyer's seat and sat down.
After the submission of evidence from both parties was over, the presiding judge said, "The public prosecutor and defense lawyer will make a summary statement."
The prosecutor summed up the current evidence, and the defense let Lan Yarong sum up all the doubts about the case.
They had already written a draft of the summary statement. During Xingwen's debate with the other party, Lan Yarong also took the time to add details to the summary statement.
Their submissions clearly listed all the doubtful points of the case.
Footprints, murder weapons, skin fragments, the credibility of witnesses, Zhu Xiaoting's physical condition on the day of the crime, the objective fact that she did not know human anatomy and could not kill with one blow, the footsteps she heard when she went upstairs...
There are also all the physical and human evidence related to Ji Xiaohui.
Lan Yarong calmly read the summary statement, and finally said: "To sum up, there are still a lot of doubts in Xie Xiangqin's case, and the evidence held by the prosecution is not enough to determine that the defendant Zhu Xiaoting is the murderer. We believe that justice is the law of justice. We will not let the real murderer go, nor wrong any innocent citizen! We hereby sincerely request the presiding judge to acquit Zhu Xiaoting and re-investigate the truth of Xie Xiangqin's death!"
After the conclusion, the presiding judge announced an adjournment for the discussion.
Lan Yarong and Yue Xingwen returned to the lounge.
After more than an hour of debate, the two people's throats were about to smoke and their voices were a little hoarse. Lin Manluo immediately handed them two bottles of water and said, "It's hard work!"
Lan Yarong took the water to moisten her throat, turned to look at Yue Xingwen, and said with a smile, "Xingwen, you performed very well today, you can't tell that you are a layman at all. professional lawyers.”
Yue Xingwen touched his nose: "I also learned from senior sister. Treat this as a debate, and you won't be so nervous."
Lin Manluo looked at the clock on the wall worriedly: "The sentence will be pronounced soon. Senior Sister, do you think you have a good grasp of it?"
Lan Yarong said: "Don't worry. The death penalty is not easy to be sentenced. Zhu Xiaoting herself did not plead guilty, and there are still so many doubts in the case. From my experience, the presiding judge will sentence Zhu Xiaoting to death out of prudence. crime."
After a while, the court reopened.
The presiding judge announced the verdict with a solemn expression: "In view of the numerous suspicious points in the Xie Xiangqin case in the 703 dormitory, the existing evidence provided by the public prosecutor cannot fully confirm that the defendant Zhu Xiaoting committed the crime of intentional homicide. After careful discussion by the collegial panel, the final judgment - Zhu Xiaoting has no Sin free!"
Hearing this sentence, Zhu Xiaoting's emotions finally lost control. Tears poured out like an unscrewed faucet. She clung to the table in the dock, her legs were weak, and she could barely stand.
Not guilty!
The court finally gave her justice!
The presiding judge said, "The Xie Xiangqin case will be re-investigated, and the procuratorate should collect more evidence before submitting it to the court for trial."
The prosecution also had no objection to this result, and nodded to show its understanding.
The presiding judge said: "The trial is over, please exit in an orderly manner!"
Lan Yarong and Yue Xingwen quickly packed their things. Before leaving the court, the two came to Zhu Xiaoting. Zhu Xiaoting wiped away her tears and said with tears, "Thank you, really, thank you so much!"
Lan Yarong smiled and patted her shoulder: "This is what we should do."
After the on-site course "Death of a Lawyer" ended, Lan Yarong was in a very depressed mood. The black sheep among lawyers used legal loopholes to seek personal gain. It was really hateful! The death of the lawyer made people feel unsympathetic, and the security guard who killed the lawyer finally took revenge by killing the lawyer, causing a tragedy.
But this class gave her a sense of accomplishment.
Zhu Xiaoting was released in court. This is the result of their desperate defense of her as lawyers!
The investigation of Xie Xiangqin's case was resumed. They submitted a series of evidence collected to the police. The police arrested Ji Xiaohui, a women's clothing tycoon, and Zou Yijia, the boyfriend of the deceased, and launched an investigation and interrogation of the two.
Zou Yijia soon recruited. He said that the reason for his fierce quarrel with Xie Xiangqin was to discover that Xie Xiangqin had cheated, but he did not know who Xie Xiangqin cheated on. Since Mao Yue witnessed Zhu Xiaoting holding a knife, he thought that the murderer who killed Xie Xiangqin It was Zhu Xiaoting. In order to protect his girlfriend's reputation, he didn't say "Xie Xiangqin cheated".
Ji Xiaohui was stubborn at first. The police retrieved the video of the entrance of Building 6 before the surveillance was broken. Among the thousands of girls who entered and exited the dormitory building of No. 6, they successfully found Ji Xiaohui who was a man disguised as a woman.
Ji Xiaohui was speechless and finally pleaded guilty.
He lost his father since he was a child, and his mother was too busy with work to ignore him. Therefore, he was always lonely in his heart and longed for the care of women. Xie Xiangqin is one year older than him, and has a lively personality. He often praises him when playing games. He is sweet and sweet. He is attracted to Xie Xiangqin, gets close to each other, and becomes an underground lover with him.
However, not long ago, Xie Xiangqin suddenly broke up with him on the grounds that Zou Yijia wanted to take her back to see her parents, and she didn't want to continue stepping on two boats. She regretted her young and ignorant actions and decided to stop this mistake.
Errors can be terminated if you want to? Throw it when you're done, what is he? Remembering that he left his father, Ji Xiaohui's mentality gradually distorted, took the opportunity to steal the key of 703, and carefully prepared this murder plan.
The truth of the case was soon revealed, and Zhu Xiaoting completely cleared his grievances.
On the day the case was closed, Zhu Xiaoting said that she wanted to invite them to dinner, but Yue Xingwen refused with a smile.
Zhu Xiaoting was very entangled: "You defend me, and you keep confiscating my money. I'm really sorry..." She blushed and took out an envelope from her pocket: "This is my salary, although it's a bit small, I'll be a lawyer for you guys. Can you pay?"
Lan Yarong didn't know whether to laugh or cry: "I really don't need to, it's what we should do to help you defend, and we can't take your money."
There is no need to collect money, and they can't take it with them. After the exam, they have to go back to the library.
The truth is finally revealed, and Zhu Xiaoting will also start her new life.
As a lawyer, the happiest thing is that the real criminals can be brought to justice and the innocents can be redressed.
They did it!