Chapter 780 [Reasonable Statement]
There is a special restaurant in the Xiangjiang High Court, which is divided into a judge's restaurant and an external restaurant, which is mainly used to solve the problem of dining during the noon recess. However, there is no 'food supplement' here, the things are not cheaper than the tea restaurants outside, and there are fewer tricks, that is, set milk tea or something, don't expect to eat any big meals here.
Although Zhou Yi and Yang Cai are both gourmets, they can also follow the local customs, one of them made a set meal, and ate with relish, Liu Wu and Yang Cai discussed the court argument just now while eating, and peeked at Zhou Yi from time to time. Zhou Yi saw that his wife's face was full of happiness, and Yang Cai's 'buddy' was also full of appreciation, and he was really a little proud in his heart.
"Yang Dazhuo, can you introduce me to him?"
A young man wearing a black suit, his hair was bleached and dyed silver-white, but his face looked very young, he was looking at Yang Cai with a smile, and when he saw Zhou Yi looking at him, he nodded politely, with an elegant demeanor and a good demeanor, this is a very well-educated person who is easy to make people feel good.
"Is that him?"
Zhou Yi just saw this silver-haired young man surrounded by several barristers, judges and prosecutors, and was talking about something with high spirits, and these people with a high status in the legal circle next to him actually accompanied him to laugh and listen to him, and he was a little curious, but he didn't inquire, but he didn't expect that this person actually knew Yang Cai, and took the initiative to say hello to them.
"Pang Ban?" Yang Cai frowned slightly, responded to him politely, and then disappeared, obviously not wanting to have any intersection with this person.
"Zhou Dazhuo, I'm Pang Ban, your defense just now is very wonderful and breathtaking, isn't it?" The silver-haired young man smiled and stretched out his hand, so enthusiastic that it was impossible to refuse.
"You're welcome. "The other party patted him on the back when he came up, but it was hard for people to refuse. Zhou Yi shook hands with him with a smile, and he had nothing to say for a while, and he was still pouting on food. This man came at an inopportune time.
"Hehe, I've heard of Jay Chou's name for a long time, and I don't hide it from Chou Dong, I am a lawyer and a doctor, you and I have a lot of interconnections? By the way, it seems that we should take a stand? I also support Qin Shuimei, and I hope that Jay Chou will help him get rid of murder. ”
Pang Ban was very discerning, and he could see that Zhou Yi didn't want to say anything. smiled and said a few polite words, turned around and left. Seeing him leave, Yang Cai suddenly showed a relieved expression. Liu Fu smiled and poked her: "Is this the suitor you are talking about?"
"How can there be" Yang Caijiao was annoyed, the two beauties laughed together, you say a word to me, Zhou Yi has a preliminary understanding of this Pang Ban, I have to say, this is really a genius, a legend in the Xiangjiang legal and medical circles. If there is anything wrong with it, it is that he is too romantic and likes to show mercy everywhere, and Yang Cai's law firm can often receive his flowers.
What made Zhou Yi a little admired was. When he was three years old, he lost his hearing due to meningitis, and he relied on hearing aids to communicate with people at close range. At a distance, you have to look at the shape of your mouth to analyze what the other party is saying. But he still relied on his own efforts to become a barrister. He is also the only barrister in the Xiangjiang court who works by lip-synching, for which he was awarded the title of Top Ten Outstanding Young Persons in Xiangjiang. Perhaps because of his physical disability, he has more time to focus on his studies, and while he has made outstanding achievements in law, he has also become the first knife in Xiangjiang Huade Hospital, and once completed a difficult operation for the chief executive's wife, so he has a high reputation in both the legal circle and the medical community......
Zhou Yi also secretly admired that he relied on the system as a cheat, but he was not disabled, and he was ashamed to have achieved such brilliant achievements with his own efforts and talents.
***
At the afternoon session, the third witness called by the prosecution was none other than the drug-addicted woman. Huang Li, thirty-one years old, has been a 'beauty' for eight years, and is a character with a pair of jade arms and thousands of pillows, and a little red lips. She sat down on the witness stand, her eyes wandering, and the jurors frowned, a person who swore an oath and few would believe what she said.
Under the guidance of Sun Yuqing, Huang Li clearly stated a 'fact' - although she was taking drugs at that time, she was conscious, and she also 'clearly' saw Qin Shuimei and the deceased Huang Guangming scuffling, and it was Qin Shuimei who pushed Huang Guangming downstairs. Judging from the superficial evidence, her testimony is clearer and more powerful than Lin Hui's, if she was a barrister or judge, and she didn't take drugs at the time, this testimony was enough to prove Qin Shuimei to death!
Zhou Yi slowly stood up and said, "Miss Huang, you must have a lot of benefactors, or rather, there are a lot of rich people among your benefactors, right?"
"I'm against it!"
Sun Yuqing Huo Ran stood up: "The question raised by the defense lawyer has nothing to do with this case at all, and it is insulting my client!"
"Your Excellency, the law in Hong Kong recognizes the legitimacy of 'sex workers', and I am only asking about this witness's work, and I even have the intention of complimenting her, and I can assure you that the question I raised is definitely relevant to this case!" Zhou Yidao.
"The objection is invalid. ”
The presiding judge pondered for a moment and said, "The witness must answer. Defense lawyers, please also get to the point as soon as possible and be mindful of the way you ask questions. ”
"Yes, Your Excellency. Zhou Yi smiled at Huang Li and said, "Miss Huang, am I right?"
"Yes, I'm beautiful and welcoming, and of course there are a lot of guests. ”
Huang Li was quite happy to hear it, this is a great affirmation of her. What is the most afraid of doing her kind of work? The most afraid thing is that someone will say that she has no customers, so she has no need to mix.
"That's right, otherwise how can you afford to take such a high-end drug?"
Zhou Yi smiled and took a stack of evidence materials from Ma Ming's hand: "Your Excellency, this is the result of the police test, among the drug components detected in Huang Li's body, heroin, a highly toxic drug, accounts for 46 percent. In other words, she was not smoking ordinary 'soft' drugs, but mixed drugs that were very toxic and had a great impact on people!"
"Miss Huang, please recall, how much of this drug did you take at that time?" Zhou Yi asked Huang Lidao again after submitting the evidence to the court.
"A pack is about 10 grams, and I sucked most of it. Huang Li said.
"So you've taken about seven or eight grams of this drug, haven't you?"
"Almost. ”
"Your Excellency, in view of the fact that the defence must make an accurate determination of the condition of the witnesses at the time. I request that our expert witnesses be summoned first, and that we continue to cross-examine Ms. Huang after the expert witnesses have been questioned. ”
"Well, the court accepts the request of the defense lawyer, and the defense can call expert witnesses first. ”
The expert witness Zhou Yi found was named Han Hanhua, who was in his 50s and used to be an forensic officer of the police drug investigation department. is an absolute authority.
After listening to Han Hanhua's self-statement and checking his resume, the presiding judge and the jurors nodded slightly, such qualifications are qualified to serve as expert witnesses.
"Mr. Han, based on your research on drugs in the past 30 years, can you tell me how toxic the drugs taken by the prosecution witness Miss Huang Li are?" Zhou Yi began to guide the witnesses.
"Hehe, there are no kinds of mixed drugs. At present, the United Nations Commission on Narcotic Drugs divides drugs into six categories, namely: morphine-type drugs, including opium, morphine, cocaine, heroin and poppy plants, the most dangerous drugs; These include barbiturates and hypnotone, psychotropic drugs, i.e., diazepams......"
Han Huadao: "Among them, the most addictive and the most impactful to the human body is morphine-type drugs. Heroin is one of the most dangerous. I have read Ms. Wong's appraisal report, and the heroin content of the drugs she consumed is as high as 46%, and the rest of the drugs are morphine-type drugs. ”
According to Miss Huang. She was smoking seven or eight grams of this drug, so how would it affect her, based on your experience?"
"First of all, it is a strong stimulus. The central nervous system of the brain is affected by drugs and produces hallucinations, and the addicts will have visual and auditory hallucinations because of the effects of the drugs, and get great enjoyment from them; and it cannot be ruled out that the addicts will have aggressive behaviors under the influence of environmental triggers due to the influence of the hallucinations!"
"In other words, Miss Huang was hallucinating and acting aggressively at that time?" Zhou Yi asked.
Han Hanhua shook his head and said: "That's not it, after Miss Huang smoked a lot of mixed drugs, it is certain that she will hallucinate, but whether she will have aggressive behavior depends on what the environmental triggers are at the time, and it cannot be generalized." ”
"Mr. Han, can you explain the impact of environmental triggers on drug users?"
"Yes. ”
Han Hua sorted out his thoughts slightly: "If the drug addict closes himself in a quiet space, then he will generally only produce various hallucinations brought about by drugs, and will not have the illusion of being attacked, and then attack others." However, if there are enough sounds and images around the drug addict, then this environmental trigger is likely to make the drug addict aggressive, and there is no shortage of examples of drug addicts attacking others after taking drugs, causing serious injuries and deaths. ”
"So if like Miss Huang, after taking drugs, she finds that someone around her is arguing or even scuffling, will this cause her to attack others?"
The real murderer in this case is actually the unknown female killer, and it has nothing to do with Qin Shuimei and Huang Li. However, if Zhou Yi proposed that there was a fourth party in this case, it would not only be difficult for the jury to agree, but also startled, so he adopted the expedient method of attacking Huang Li instead. He is sure that he will use Huang Li to exonerate Qin Shuimei, and at the same time, he will not really wronged Huang Li, otherwise rescuing one but unjustly killing the other is not in line with Zhou Yi's principles of life.
Under the circumstances, Miss Huang was more than 70% likely to commit an attack. ”
"Thanks, I have no further questions. ”
After Zhou Yifa finished asking, Sun Yuqing only asked one question: "Mr. Han, you just said that Miss Huang was more than seventy percent likely to be aggressive in the environment at that time, that is to say, there is a thirty percent chance that she will not be aggressive and aggressive, right?"
In fact, Sun Yuqing is just going through the motions, in Xiangjiang, 'the suspicious interests belong to the defendant', not to mention that the suspicious points in his favor only account for 30%?
"Miss Huang, I have here a case file found from the Mong Kok Branch, which proves that at about 10 p.m. on March 10, 2011, you once used a fruit knife to slash a sister who lived with you because of your delirium after taking drugs, isn't it?" Zhou Yi shook the materials in his hand.
"Yes. But"
"Thanks, I'm done with my question. ”
Zhou Yi didn't give her a chance to distinguish, so he ended the interrogation.
When interrogating Qin Shuimei, Sun Yuqing very skillfully guided her to admit the fact that her daughter Ge Meimei was lured by Huang Guangming to be a 'chicken', which determined that Qin Shuimei had a motive to kill.
Zhou Yi didn't refute this too much, having a motive does not mean that there is a result, there is no need for him to deal with Sun Yuqing in this kind of matter, his focus is on Qin Shuimei's previous confession.
"Ms. Qin, your confession at the police station said that the deceased Huang Guangming fell down by himself. May I ask what happened to him before he stumbled and fell?" Zhou Yi said.
"It was very chaotic at the time, I scuffled with Huang Guangming, but I didn't push him, and then he fell" Qin Xiangling said: "That's why I said that he fell down."
"Did you see Huang Li at that time?" What was Huang Li doing when you and Huang Guangming were scuffling?" Zhou Yi said: "Did she come over or rush over without her normality and make contact with the two of you?"
This is not framing Huang Li, according to Zhou Yi's defense ideas. The final result is that Qin Shuimei is acquitted, and Huang Li will not bear any responsibility. This is a technique commonly used by lawyers, and in Hong Kong, in the common law system, there is a term called 'reasonable telling'.
The so-called reasonable telling. It means that when the defense lawyer learns the truth of the matter and guarantees that a third party will not be harmed, the defendant is instructed to rationalize the confession. This is fundamentally different from perjury, which is done in order to distort the truth. And 'reasonable telling' is to ensure the restoration of the truth or part of the truth.
So the defense lawyer sometimes says to the accused, "I need a reasonable story." "A lot of people see it as a lawyer leading a witness to commit perjury, which is ridiculous.
"She seems to have moved, and at first I just argued with Huang Guangming. didn't notice her, and later" Qin Shuimei tried to recall Zhou Yi's guidance to her at the Correctional Department: "Later, I had a fierce argument with Huang Guangming, she seemed to move at that time, but it was too chaotic at the time, I don't remember it clearly, she may have come over and had contact with us, maybe she didn't move at all"
"Why didn't you say that at the police station at that time?" Zhou Yi asked.
"Because I can't be sure, I don't want to say, I don't want her to be affected. Qin Shuimei said.
It's okay for her to say these words as Professor Zhou Yi's 'reasonable narration', but if you analyze it carefully, every sentence is fine, it seems to be the truth; Huang Li must have moved at that time, otherwise she would be dead." As for whether Huang Li had contact with her or Huang Guangming's body, it was normal for her to not see clearly in the chaotic situation at that time.
This kind of 'reasonable telling' taught in advance is to conceal some facts, which is one of the skills of lawyers, Zhou Yi is just to 'exploit' Huang Li's flaw, not to distort the truth, because the truth is that Qin Shuimei did not kill anyone.
"Defendant, I want you to testify truthfully, are you really not sure at the time of the crime, or are you influenced by some people to say this? You made it very clear in the police station that you saw the deceased fall and fall to his death!"
Sun Yuqing is an old prosecutor, and of course he is no stranger to the technique of 'reasonable telling', so he asked loudly: "Now you say that you are not sure, and that Huang Li may have met you and the deceased, and there were only three of you in room 801 at that time, you can't see clearly, are you lying? If you lie, you will be charged with 'obstruction of justice'!"
"I object, I object to the prosecutor to make subjective guesses and threaten the accused. Zhou Yi said: "Please don't forget that in order to avoid the police who were raiding the police at that time, room 801 did not turn on the lights at all, and even if the windows could let in the light, it was not enough for the defendant to fully see everything that happened at that time, if Huang Li rushed up from behind the defendant, under the circumstances at that time, the defendant would probably not be able to see clearly! The defendant did not mention Huang Li in the police station before, not that the defendant lied and was not honest enough, but on the contrary, ......"
Zhou Yi turned around and said loudly to the jury: "This shows that the defendant is a kind and honest person, and she is reluctant to say something she was not sure about at the time at the police station, because it is likely to affect others." How can such a person be suspected of 'lying' by the chief prosecutor without any reason? I don't think anyone can accept it!"
"Is that okay?
Yang Cai's eyes were straight when she heard it, although she has a law firm and has the qualifications to file a big lawsuit, but when it comes to talking eloquently and arguing calmly in court, there is still a gap of 108,000 miles, and Zhou Yi's set of methods will not make her unconvinced.
"Controller, please stop cross-examining witnesses with subjective guesses, defense lawyer, I also want to remind you, please don't get too excited, it's not for you to close the case now. ”
The presiding judge glanced at both sides with dissatisfaction and said, "Next, please ask the prosecution and defense to make closing arguments." As a judge with many years of experience, he has already guessed what Zhou Yi is going to play. However, 'reasonable narration' is not prohibited by law, and he himself neither opposes nor supports it, and maintains a neutral attitude.
ps: Thank you for the generous reward of the brothers of "Death of the Thief" and "Discontinued" :) (To be continued......)