Chapter 69: Trial of the Case (2)
Lawyer Yang remained silent throughout the whole process, and it was not until the courtroom debate stage that he delivered his defense statement to the respected presiding judge and judges:
“…… 1. Defendant Xie Guoqiang later voluntarily surrendered, and it is hoped that he will be given a lighter punishment in accordance with law when sentencing. The "Indictment" of the public prosecution has just confirmed that Xie Guoqiang surrendered voluntarily, and it is hoped that the court will consider it when sentencing.
"2. The defendant is usually a lawful and disciplined citizen, has no criminal record, and is an occasional or first-time offender. The defendant did not have any criminal record, and this case was due to the victim's teasing, due to impulsiveness, he violated the law, and he regretted it very much, and hoped that the court would consider the defendant's consistent expression and give him a lighter punishment.
"3. The defendant has a good attitude of repentance, and voluntarily confesses his request, hoping that it will be considered when sentencing. The defendant is able to confess his crime, has a good attitude of admitting guilt, can truthfully confess all the facts of his crime, has a sincere attitude, and clearly admits guilt. The defendant repeatedly expressed his condolences and self-reproach for the deceased, expressed his willingness to compensate the victim's family, and was willing to admit his guilt and surrender to the law, and he had no shame in asking for forgiveness from the victim's family. This shows that the defendant is able to confess his crime, has confessional circumstances, and has a clear attitude of remorse, which is considered by the collegial panel when sentencing.
"4. Where the victim himself is clearly at fault, the defendant's punishment shall be commuted in accordance with law. According to the file and the testimony of the witnesses just presented, it can be seen that the victim and the defendant had an improper debt relationship, and the victim had been gathering crowds to gamble and lend usury for a long time. After losing all his savings, the defendant was induced to borrow usury. It was only when the facts of usury were laid out that the defendant came to his senses. Coupled with excessive drinking, he became delirious, and under the provocation of the victim, it caused a tragedy.
"5. The defendant has a mental disorder. The defendant's ability to recognize or control behavior was reduced due to chronic alcoholism. Upon request, a forensic psychiatric evaluation was conducted on the defendant the day after the incident, and it was determined that the defendant did not have full capacity for criminal responsibility at the time of the incident.
"6. The defendant caused death by negligence, and there is no intentional homicide. After being drunk, the defendant strayed into the bamboo forest of the victim's house, was provoked by the victim, and fainted due to drunkenness and tripping, and after waking up, due to his reduced ability to recognize, he mistakenly confused the bleeding from the fall wound with chicken blood, and unintentionally threw out the tool of the crime - please note that this tool of the crime was only a tool brought by the defendant to repair the shade, not deliberately carried - the defendant was only because of the negligence of overconfidence, subjectively foreseeing the consequences that his actions might cause the death of others, but did not foresee.
"7. The victim is clearly at fault. After the victim was drunk, he deliberately provoked and said things like "Your turtle son is looking for death", provoking the defendant and clearly knowing that he had fallen and fainted, and did not rescue him or inform the defendant's family, which was obviously at fault......
"Presiding Judge, judges, to sum up, this defender believes that the facts of the indictment's accusation of intentional homicide are unclear and the evidence is insufficient, and the defender requests that the court make a fair judgment in accordance with Article 233 of the Criminal Law of the People's Republic of China and the provisions on negligence causing death......"
Although Mr. Yang's defense was impassioned, it was clear that there was insufficient evidence, especially the fact that Yang Guiyong provoked, Xie Guoqiang fainted, and threw out the tools of the crime from a distance. Lawyers know this. The prosecutor also clung to this point.
Fushun, who was in attendance, was just as worried as everyone else. Although Uncle Seven did a lot of work last night, it seems that he worshiped the Buddha and worshiped the wrong temple. The aggressive prosecutors and the "black bag officials" in court did not dare to bend the law for personal gain.
When entering the defendant's final statement, Guoqiang looked at his family not far away, how much he expected to see his most sorry wife, and Xiao Begonia! In addition to being full of remorse, you can only wait for a miracle to appear. He remembered his lawyer's words that if someone could prove what he said, his sentence would be significantly reduced. But that only witness may never appear in court.
"Everything I say is true, I have a simple mind, I believe the words of others, and I am addicted to fraud. In addition to being sorry for the victim's family, I am also sorry for my whole family, especially my daughter, who is just one year old today, I am not human. I knew no one would believe me, but I really wasn't trying to kill. Now if he Yang Guiyong is in front of me, I would rather throw the knife fall on my skull......" Guoqiang's statement began to be confused, and he almost forgot the lawyer's explanation.
The lawyer shook his head, although the crime does not lead to death, but because important witnesses are unwilling to testify in court, it may be difficult to escape the charge of "intentional homicide".
Just as the presiding judge was about to announce the adjournment of the court and announce the verdict at a later date, the door of the courtroom was pushed open, and a girl entered the courtroom with an old lady who was not dressed in clothes......
"Judge, I have ...... Significant Witness ...... She has something to say......" The panting girl cried out loudly, stopped by several "big caps".
"This is the victim's mother and an important witness as the defendant said. Presiding Judge, I request that the witnesses be allowed to testify! Mr. Yang was overjoyed.
The prosecutor looked at Mrs. Yang, who was out of breath, and couldn't figure out what the purpose of the victim's family, who had been unwilling to speak up after many times to investigate and collect evidence, appeared in the court at this time?
According to eyewitness confessions, in the early morning of the crime, Yang Guiyong's mother had been hiding in the bamboo forest behind his new house, and if what Xie Guoqiang said was true, the only thing that could prove it was this old woman. Not to mention that this old lady is crazy, but what mother would testify on behalf of an enemy who killed her son.
"Presiding Judge, I ask for some food and water for the witnesses!" Lawyer Yang and the prosecutor made the same request. They all want to give everyone the truth.
The old lady gulped a large glass of water, did not eat, and stood tremblingly on the witness stand until the presiding judge motioned for him to sit down. The prosecutor and defense counsel are then signaled to allow additional cross-examination.
"What is your name and what is your relationship with the victim?" The defense lawyer asked.
"My name is Wang Shuzhen, and I am Yang Guiyong's mother." As soon as the old lady opened her mouth, she realized that she had no strength at all, so she stuffed the sweet potato in her hand a little in her mouth.
Lawyer Yang waited for her to swallow and continued to ask, "It is said that you have a mental illness, is that true?" ”
"I ...... I...... I'm pretending to be sick......" The old lady looked at Yang Zegui in the auditorium and lowered her head.
Lawyer Yang motioned for the old lady to eat something more, and then asked, "Do you know that your son gathers people to gamble and lend usury?" ”
"I object, the defender's question is obviously irrelevant to this case!" The prosecutor objected.
The presiding judge nodded and motioned to the defense lawyer, "But it works!" ”
"And where were you on the day of the crime? It was the day the defendant Xie Guoqiang killed your son! ”
The old woman became frightened again, and began to tremble. "I'm in the bamboo forest at the back of the house......"
"Can you describe what it was like?"
"That day I heard that my daughter-in-law gave birth to a baby and came down from the cave where I lived, but I was afraid that he would dislike it, so I hid in the bamboo forest behind the house, and I heard my grandchildren crying!" The old lady thought of her grandson, and before she even looked at it, she let Xiulian take her to the middle of nowhere, and wiped her tears from the corner of her torn gown.
"I saw Xie Guoqiang cutting bamboo in the bamboo forest, I don't know if he was sick or drunk, he kept vomiting, he didn't cut one for a long time, I heard the voice, so I ran out and scolded him, the two of them quarreled, and almost moved. Xie Guoqiang didn't step on his foot steadily, and rolled from the bamboo forest to the vegetable patch by the eaves.
"I didn't know when I saw him roll down, so I yelled a few times, and my son came and scolded me, telling me to go back. I was afraid that something would happen, and I wanted to see my grandson, so I hid behind the house. It didn't take long for Xie Guoqiang to wake up on his own, he picked up the knife that cut bamboo, and fell into the dam of the new house, and I saw that he threw the knife over before he could get closer. I heard a rooster crow, and then I heard my son yell, and I thought it was yelling at me, and I was afraid that he would come out and beat me, so I ran back to the cave.
"Then I heard that my son had been killed, and I ran down again......"
The girl who helped the old lady was Shufen, and she sat down in the third row, only to find that it was Fushun next to her. She never expected to see Brother Fushun here, sat down next to him, and listened to Wang Xianxian's statement, tears had already become a string.
Last night, in the recess of Yangjiawan, the mother and son also stayed awake all night. As she had done for the past few days, Shufen took food and went to the cave to take care of the blind old lady. Not only because of guilt, but also because the lawyer conveyed the memories of the brother-in-law, whether the eldest brother-in-law intentionally killed someone, and the only witness was her.
The old lady remained silent, it had been almost a month, and she had barely eaten except for some rice soup. Especially after her daughter-in-law left with her grandson, she washed her face with tears all day long, and she didn't want to see anyone. Therefore, whether it was the public security organs, the procuratorial organs, or the lawyers, they couldn't ask a word from her mouth.
Shufen fed her almost on her knees every day, asking for nothing else but the old lady to tell the truth. knew that last night, Shufen didn't go home, and kept kneeling in front of Wang Xianxian, who she had once carried back from the Nai He Bridge, crying and begging her to testify in court.
The former life-saver in front of the bed finally moved her. As soon as the sky was bright, they rushed from Yangjiawan to Shiqiao. But because the old lady's legs and feet were inconvenient and her eyes couldn't see, when she arrived at Shiqiao, the shuttle bus to the county seat had already left.
Shufen was in a hurry, and the car from Shiqiao to the county seat was one trip a day. There is not even a motorcycle in the town, except for a few bicycles. He suddenly thought of a car parked in the courtyard of the township government, and went to knock on the door of the township chief. Township Chief Luo listened to the reason, and then asked the driver to send the two people to the county seat.
Lawyer Yang breathed a sigh of relief!
The presiding judge announced an adjournment and announced the verdict at a later date......