My Wife is a Counsel

Chapter 6: The Fruit of the Poisonous Tree (Part 2)

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Over there, Lu Ming, who was standing in front of Zhao Jinsong, shook his head in frustration, turned around and walked two steps to his seat. He flipped through the documents on the table and found one of them was Zhao Jinsong's testimony. He suddenly exclaimed, "That's not right." This immediately attracted the attention of the judge and the jury.

He walked a few steps quickly to Zhao Jinsong and said, "So, since you didn't get any information about a body in the car and it was just an accidental car crash, why did you search the trunk of the car?"

Zhao Jinsong sneered, "Because he looked panicked and kept looking into the trunk, there was enough reason to suspect there were contraband items in the car."

"Witness, please answer clearly, who is the 'he' here referring to?" Lu Ming raised his voice.

Zhao Jinsong snorted coldly: "It was Zhao Yuancheng. He looked panicked. And you also looked panicked after you got off the car."

Lu Ming smiled and said, "I didn't look panicked when I saw you. And even if he and I looked panicked, have you ever thought that it was because Zhao Yuancheng was riding against the traffic and hit your bicycle, and you are a policeman, that he and I were panicked?"

Zhao Jinsong looked at Lu Ming and said calmly, "You said it yourself. What's your status with him? How could you panic when you saw me normally? If it was just a car accident, would you care about me? If there were no contraband hidden in the car, and it was evidence of a serious crime, would you panic?"

Li Mingxuan breathed a sigh of relief and nodded slightly. He was indeed a promising young detective. He started to lose his composure because he was facing Lu Ming, a person he particularly despised. He was very angry when Lu Ming questioned him and his mind was unable to change.

That’s right. Looking around Wu’an City, if there was no money, how many people would look down on that loser

In fact, Zhao Jinsong reacted so quickly that he quoted the opponent's words, used the opponent's shield, and broke the opponent's spear.

Very clever.

Lu Ming smiled slightly, nodded and said, "So, what contraband do you suspect it is?"

Zhao Jinsong shook his head. "I don't know, but based on my experience dealing with gangsters..."

Lu Ming immediately interrupted him, "Please correct your wording. Shuanglonghui is a legally registered civil society organization, and Long Daxing is only an honorary director. Even if some individuals in Shuanglonghui have committed illegal acts, it does not mean that Shuanglonghui is a gang, let alone that it is related to Long Daxing! Zhao Yuancheng and I are definitely not members of Shuanglonghui. Your police's recent raids have also confirmed this."

Zhao Jinsong's face was even more contemptuous, and he said sarcastically: "Okay, let me change the wording. Based on my experience dealing with those close friends of yours, Master Lu, the contraband in the car must be very serious."

Li Mingxuan smiled. This young police officer has a promising future and is worth getting to know and bringing into his circle.

But looking at Lu Ming's back, Li Mingxuan felt a little strange again. How come this guy suddenly became so eloquent like a lawyer? Although, he had already failed, there was no point, and he couldn't deal with Zhao Jinsong.

Seeing that Zhao Jinsong used "Lu Ming's close friends" instead of "gangsters", many people in the jury smiled knowingly. Obviously, they increasingly believed that Lu Ming was influenced by the gangsters he associated with, and that after being with the gangsters for a long time, the possibility of him resorting to extreme means such as killing when encountering problems was greatly increased.

Lu Ming looked at Zhao Jinsong and said, "It seems that Officer Zhao is a frequent violator of police regulations. It can be said that Officer Zhao does not care about the police regulations at all."

"Objection! Objection to the defense's unfounded questioning of the witness's professional character!" Li Mingxuan had been staring at Lu Ming in thought, and now he quickly raised his hand to object.

“The objection is effective.”

Boris looked at Lu Ming and he didn't say anything. Lu Ming smiled and said, "Officer Zhao, according to police regulations, you can search Zhao Yuancheng's belongings based on reasonable suspicion. If the suspicion is sufficient, you can also search the passengers in the car."

"However, since no one reported it in advance and it was not a police deployment, you were originally handling private matters. Since you suspected that there were serious prohibited items in the car, the police regulations guided you and required you to do it at this time?"

Zhao Jinsong said coldly, "We need to be present with both of us and apply for a search warrant from the court. However, the people you and Zhao Yuancheng are in close contact with are of complex composition. I was alone at the time. If I still need to apply for a search warrant, I am worried that the contraband items in the car will be replaced. This is not without precedent. Therefore, we, the frontline detectives, have some discretion when doing things, and the court also recognizes this."

"You mean, the police guidelines are not everything. There are gray areas, and you should also implement the rules of the gray areas."

Zhao Jinsong pondered for a while and nodded: "You can say that."

Lu Ming smiled. "However, the incident was only a few steps away from the Old City Police Station. You can blow the whistle to request backup. Moreover, in this special situation, you can also ask the vehicle to accompany you to the police station and apply for a search warrant. This is already a special discretion of the court to show consideration for the detectives."

"So." Lu Ming looked at Boris. "In court, I think it is this so-called gray rule that has led to a lot of unfairness. From a legal perspective, it is assumed that there are gray areas in police power, which allows some lawless detectives to break through these gray areas. Just like in this case, the conditions are clearly met and evidence can be legally collected according to police regulations, but these detectives are used to lawlessness, so they can illegally search the public without a search warrant."

"It's not just me. People with many friends of mixed character have this experience. Ordinary citizens are also often harassed by these illegal detectives. Moreover, they are even less polite to ordinary citizens who have no power or influence!" Looking at the jury, Lu Ming said: "I think many people have this experience, being yelled at and searched by detectives for no reason. Maybe, just because I don't want him to cut in line? He will immediately push me down and search me!"

Some jurors listened intently and nodded silently.

Li Mingxuan gradually felt something was wrong and stood up abruptly, "Objection, objection to the defense and the jurors having a direct conversation."

"I didn't talk to any jurors, did I?" Lu Ming smiled and looked at Boris. "In court, I think the gray area of police power is the reason why some illegal detectives act recklessly. For example, Officer Zhao in the witness stand is an excellent detective who has received many awards and is even known as the star of the county's police force. His future is limitless."

"But even such an excellent police officer is accustomed to violating police rules and does not think there is any problem at all. This is the biggest problem in court."

Finally, when Lu Ming finished speaking, Li Mingxuan immediately said, "I think that when the evidence is irrefutable, it is meaningless to argue about where the evidence came from."

Lu Ming glanced at Li Mingxuan and said, "It is of great significance, but you, the prosecutor, don't understand. I think Judge Boris will understand."

"Just a few months ago, the Grand Justice of the Imperial Supreme Court overturned a death sentence for a murder case because some of the evidence was suspected of illegal activities during the evidence collection process."

Li Mingxuan was stunned. Is there such a case

The situation in the four northern provinces is special. There are many local traditional customs and laws. When the imperial laws came here, there were many local customs. For example, the buying and selling of people were recognized in the four northern provinces, and slavery was abolished in the imperial laws a hundred years ago. Unless they were black slaves from the southern chiefdoms, there was no such thing as slaves. Black slaves were not recognized as natural persons, let alone civil rights.

Therefore, legal professionals in the four northern provinces are not so sensitive to the latest legal developments in the empire.

Boris looked at Lu Ming and nodded, "However, the case was dismissed by the Federal Supreme Court not because the key evidence in the case was illegally collected, but mainly because the prosecution lacked evidence."

It was the first time that Boris met someone in the north who was so clear about the changes in the laws of the Imperial Federation. He was a little surprised and even felt like meeting an old friend in a foreign land.

Normally, when I talk with my colleagues, or even with new legal professionals like Li Mingxuan who have studied at a university in the provincial capital, it feels like I am talking to a cow.

Lu Ming looked at Boris, "But the nature is the same. In court, no matter whether illegal evidence is key evidence or not, we should exclude it. Moreover, I believe that the more key the evidence is, the more legally it should be obtained. Otherwise, if the detectives get a taste of the sweetness, thinking that they can solve the case and be rewarded, they will erode the legitimate rights and interests of citizens and create many false cases. Illegal key evidence can be said to be the fruit of a poisonous tree. It looks delicious, but if it is really treated as a delicacy, our judicial system will gradually decay, and police power will expand infinitely. In the end, the so-called law will become a decoration."

Boris nodded, thinking.

Li Mingxuan shook his head. Was this greedy old guy trying to take advantage of the opportunity to blackmail him again

He stood up and said, "Your Highness, I beg to return to the subject."

Lu Ming nodded, "I'm just getting to the point." Looking at Boris, he raised his voice and said, "So, Your Honor, according to Officer Zhao Jinsong's statement, I have sufficient reasons to believe that the main evidence A, B, and C are illegally obtained. I request that these illegal evidence be excluded!"

Evidence A, Evidence B, and Evidence C are the body found in the trunk and the fruit knife, dog hair and other traces left by the murderer.

If these three key pieces of evidence are excluded, then the case will no longer exist, which is equivalent to the body not being found.

Where does the murder case still exist

The gallery and the jury seats were immediately in an uproar following Lu Ming's sonorous words.

Li Mingxuan's face changed, and he stood up suddenly: "In court, what the defense is saying now has nothing to do with this case. Idealism has never been the true meaning of law, especially in criminal cases. Every case is extremely bloody and ugly. It is not that we shout slogans in the courtroom and the case becomes unimportant. The grief of the deceased's family is insignificant. Didn't the deceased's screams of pain and cruel torture before death exist helplessly in that dark basement?"

Pointing at Lu Ming, he gritted his teeth and said, "Based on the existing evidence, Lu Ming is undoubtedly the murderer. If we let this murderer go just because there are some minor flaws in the evidence collection process, is this fair and just? No, it will be a disgrace to the law!"

The audience and the jurors were moved by Li Mingxuan's tearful statement and nodded one after another.

Yes, if in this case, the murderer was let off just because of some problems in the evidence collection process? What kind of world would that be

Lu Ming nodded in his heart. What Li Mingxuan said made sense. He also agreed with it. Ocean laws and continental laws have their own advantages and disadvantages. But since this world is governed by ocean laws, then naturally the rules of ocean laws should be implemented.

Looking at Boris, Lu Ming said calmly: "The defense is very good at influencing the emotions of the jurors, but the law is the law, and the law itself is ugly. Only ugly matters need to be judged by the law. Emotionality is precisely the enemy of the law..."

Li Mingxuan, who no longer cared about manners, immediately interrupted him, "Okay, let's talk about the law. Since the judges of the Imperial Federal Court have not excluded key evidence, even if the evidence is suspected of being illegally obtained, what reason do we have to be unconventional?!"

"This is not to be unconventional!" Lu Ming looked at him calmly, "Many precedents were not made by the Federal Supreme Court. Why can't this case be the first case of the fruit of the poisonous tree, the first case in the imperial legal community to exclude illegal key evidence? I believe that this will be a milestone judgment and a clarion call for the imperial legal concept to enter a new era. This case will become a guiding case in the empire and will be recorded in history. It will become one of the compulsory cases for all legal professionals in the future, and will be remembered forever!"

Boris listened, his eyes becoming brighter and brighter.

Imperial law focuses on cases. If there is a case that truly guides the times, it will truly go down in history, and the judge of that case will also appear in law school textbooks decades or even hundreds of years later.

Li Mingxuan was stunned when he saw Boris's expression.

Suddenly, a cruel possibility flashed through my mind. Is it really possible to lose this case

As for Eucalyptus himself, he never thought he would lose.

Unexpectedly, Lu Ming, this uneducated guy, inexplicably stimulated Boris's G-spot.

This greedy old man loves beauty and money, but these are far less important than the reputation he cares about in his quest for fame and reputation.

If the case really was lost, one can imagine what Director Shi Zaixin would think.

In fact, just now, although Li Mingxuan was aware of the danger and used all his strength, his passionate speech moved the jurors.

But he never thought that he would lose the case. But now, looking at Boris's expression, it is obvious that those beauties and money have become insignificant at this moment.

He was filled with great uneasiness and wanted to say something, but Boris gestured and started whispering with the deputy judge and the clerk judge.

Li Mingxuan looked at Lu Ming, only to see that Lu Ming was also looking at him. This former fool now had eyes so clear, just like the bright stars in the night sky.

Li Mingxuan was confused and couldn't figure out what had happened. What happened to this fool? He seemed like a different person.

He was suddenly shocked. Yes, yes, he began to attack the relationship between Zhao Jinsong and Zhao Yuancheng, and their conspiracy.

In fact, it was just to lead the point that the two people had no relationship, so the car accident was an accidental incident. In this way, just because of a small collision, Zhao Jinsong opened the trunk of the other party's car without a search warrant, which was an illegal search.

In other words, Lu Ming had a clear purpose from the very beginning, which was to obtain illegal evidence.

His previous argument was obviously a trap, which completely fooled the prosecution. Instead, they tried desperately to prove that there were no informants or tip-offs. Otherwise, there would be too many variables and the case might develop into a frame-up.

This is tantamount to proving that the evidence came from an illegal search.

But, did he really plan this all along? Did he have everything planned out?!

How is this possible? Li Mingxuan stared at Lu Ming blankly. At this moment, why did Lu Ming suddenly become unrecognizable to him? It seemed more important than the victory or loss of the eucalyptus.

Director Shi Zaixin, who was sitting in the audience, looked at Li Mingxuan in a daze and had no idea what he was thinking.

But it was obvious that he could lose the game at any time, but he looked confused and had no idea what to do to remedy the situation.

What if it interrupts the judges' deliberation

Shi Zaixin's face was terribly gloomy.

“No, I, I did receive an anonymous tip-off call at the police station beforehand, but I was eager to make a contribution, and I didn’t know if it was a prank call, and I couldn’t rashly offend the Shuanglong Society... So, I wanted to confirm it..." Zhao Jinsong obviously realized that the situation was not good, his face turned pale, and he stammered.

Lu Ming was stunned.

Yes, the person who called must be the mastermind who killed Long Daxing and framed himself.

Should I continue asking? This way, I might be able to learn more about the mastermind behind the scenes.

However, this is a double-edged sword and may lead the case in an unknown direction.

In an instant, countless thoughts flashed through Lu Ming's mind.

However, as long as Zhao Jinsong is still alive, there will always be a chance and a way to get the truth out of him.

Gritting his teeth, he said, "In court, the prosecution's most important witness suddenly changed his testimony after taking the oath. I now seriously doubt the integrity of this witness. I request that the illegal evidence be excluded and all testimony of witness Zhao Jinsong be revoked!"

Boris looked at Zhao Jinsong and shook his head.

"Dang," he banged the gavel, "After deliberation, I hereby rule that Exhibit A, Exhibit B, and Exhibit C are illegal evidence and are excluded from this case!"

There was an uproar in the gallery and the jury seats.

Lu Ming immediately said: "In court, the defense requests to dismiss case numbered Wuan 953447 because the prosecution's evidence is insufficient."

The body was gone, and the tainted witness's testimony showed that he did not witness Long Daxing being killed, so the case naturally no longer existed.

Boris nodded: "Dismiss this case. The prosecution can re-file the charges after finding new strong evidence!"

There is no winner or loser, so there is no need for the jury to vote. Instead, the case can be dismissed directly. Therefore, it is not a one-size-fits-all approach, because even if the case is dismissed directly, the prosecution can still re-prosecute as long as it finds new and strong evidence.

But the question is, how can we find new strong evidence? Unless Lu Ming suddenly admits that he killed someone.

When Boris dropped the gavel, he nodded to Lu Ming, thinking that this young man had a promising future and ideas. He would have a chat with him after this case was settled.

Moreover, it seems that there is some hidden story behind the murder.

If he is really innocent, perhaps it would be a good idea to accept him as your disciple.

Zhen was confused. When Xie Wenquan congratulated her, she didn't understand what was going on.

Seeing Lu Ming and Xie Wenquan hugging each other, it seemed as if they were saying that the case was won.

Zhen gently moved her numb feet. Finally, she no longer had to be locked up in a solitary cell in the court. These past few months had been too hard to endure.

Over there, the extremely excited Xie Wenquan hugged Lu Ming tightly and patted Lu Ming's back.

In my heart, I have nothing but admiration for him!

Surprisingly, I met a genius defense lawyer in this small town.

After watching the whole case, it seems that this is not a lawsuit that can be won with the guidance of an expert. All the clever tricks need to be performed on the spot, and one needs to have a natural sense of the moment of victory or defeat in court.

This case was won so skillfully that in the imperial legal world, regardless of north or south, this battle between the prosecution and the defense can be said to be a classic showdown. The various traps set by the defense, coupled with their grasp of the judge and the prosecution's mentality, were simply unparalleled.

On the contrary, the defense never considered the jury, which the prosecution wanted to influence the most, from the beginning.

Xie Wenquan was so excited that he used a little too much strength.

Lu Ming felt chest tightness from hugging him and couldn't help coughing.

I smiled bitterly in my heart, thinking that with my small body, I really can't even tie a chicken, right

Suddenly, I felt something strange on my face. Two fiery gazes were shooting at me. It was from the extremely beautiful female police officer Han Annie.

Lu Ming had no choice but to pretend he didn't see it.

I never thought that my first love would have such a relationship with me in this world. It can be said to be a bad fate.

On the other side, Li Mingxuan looked pale and turned to look at Director Shi Zaixun.

Shi Zaixin had already stood up and was too lazy to even look at Li Mingxuan. All that was left for Li Mingxuan was a back view that looked like a volcano about to erupt.