Chapter 65: Confrontation
The reopening of the trial was a week later. During this period, Ling Li and the others got a list of witnesses from the procuratorate.
Sure enough, the witness's name was Mu Chu, who was the fox friend who exchanged the 50,000 yuan that Qin Xinghai used to repay the debt and made him addicted to drugs.
This person has disappeared for five years, and as soon as Fu appeared, he ruined their hard work for more than a month, and it is very likely that Zhu Jinchuan's forbearance that has been dormant for five years will not be rewarded.
Ling Li hugged her head and was very annoyed. Even if she is as dull as her, it is easy to think of what kind of evidence chain the procuratorate will reconstruct.
Drug addiction hallucinates are hyper-emotional, unable to repay debts and become angry and ashamed, and the son of a wicked who usually eats, drinks, prostitutes, and gambles with a bad habit, kills his father and mother for the sake of demolition money and death compensation, which is simply a perfect inference, which is in line with the judge's self-righteous group of people who think they are high and have all the malicious speculations of the bottom of society.
However, Ling Li and the others are not completely helpless. In addition to the channel through which the case could be brought to the trial committee, they also applied for the defendant to be confronted with the witnesses.
This somewhat outrageous application was originally just a test of the collegial panel's bottom line, but unexpectedly, the presiding judge readily agreed.
When Zhu Jinchuan learned the news, he was a little surprised, and stared at Ling Li, who submitted the application at that time, with a raised eyebrow: "I have been a lawyer for so many years, and this is the first time I have received such an application. You're lucky, and your first criminal case can open your eyes to that. ”
After saying that, he didn't care about Ling Li, who was confused, picked up his coat and went out, and he was busy with this matter for several days after that.
In addition to being suddenly attacked by the procuratorate that day, Zhu Jinchuan was a little anxious, and after that, Zhu Jinchuan had been calm and unfazed, Ling Li gradually calmed down, no longer anxious about the appearance of new witnesses, and also intuitively believed that Zhu Jinchuan would definitely find a solution.
However, at the second court session, the bleak reality gave her a blow to the head.
The prosecution discarded all the evidentiary advantages established in the first and second trials, and after presenting the records of Qin Xinghai's arrest and arrest in court, it was the presentation of the tools of the crime, the inquest records, and the testimony of witnesses that played a key role in the conviction in the first and second trials.
Ling Li took turns to cross-examine the evidence, but no matter what she said, the prosecution either evaded or secretly changed concepts, in short, she did not respond positively.
For example, when Ling Li raised questions about the interrogation time, the prosecution really perfunctory on the grounds that Qin Xinghai had just woken up at that time, and as to whether Qin Xinghai really just woke up at that time, the prosecution made a reasonable inference from the time he was arrested, and there was no other counter-evidence to refute this.
Then, Ling Li raised the question of criminal tools and repeated confessions, and the prosecution said "This will be clearly answered in the witness's appearance in court."
The prosecution only read out the preponderant evidence in the first and second trials, without any emphasis, and did not care about the defense's cross-examination, and understated it, as if they did not attach importance to these preponderant evidence at all, and felt that the treasure was all on the witnesses who appeared in court, which made Ling Li feel that things seemed to be going very badly.
Sure enough, when Mu Chu testified in court, the questions raised by the prosecution were obviously carefully designed and cleverly asked a few questions, which led this game to a dead end.
The prosecution's first question: "Did Qin Xinghai ever buy methamphetamine tablets from you?" ”
Mu Chu nodded, and said chiseledly: "I gave him two Magu pills at the earliest, and he quickly became addicted to it, and later bought it many times." ”
The prosecution's second question: "On December 20, 2012, did Qin Xinghai buy Magu from you?" ”
Mu Chu nodded again: "Yes, he bought two." ”
And the third question of the prosecution is even more menacing: "It has been five years since the incident, how can you remember it so clearly?" ”
Mu Chu replied: "That night, I heard that the two elders of the Qin family were dead, Qin Xinghai ran away, thinking of the incident in the afternoon, I was afraid that if I caught Qin Xinghai, he would confess my sale of Magu, so I ran away." ”
Listening to Mu Li's answer, Ling Li's heart sank slightly.
After the prosecution's questioning, Ling Li didn't have time to ask questions, but Qin Xinghai in the defendant's dock was already excited and shouted: "Mu Chu, are you worthy of me?" I never thought of confessing to you, and lawyer Zhu said that most of your drug trafficking is a death sentence, and I will reduce your sentence if I confess to you, and I didn't think about it. You say, how much benefit did the procuratorate give you? Why did you give me a confession? ”
He was so noisy that the judge struck the gavel several times to no avail, and only the bailiff stepped out to take him out of the courtroom to calm down for a while.
Qin Xinghai withdrew from the court, and the trial could not continue. Ling Li felt a little depressed in her heart, shook her head and smiled bitterly.
She agrees with what the master said about the right time and place, and the right time and place, but for people and this, it is the people of the procuratorate. Just one person overturned all their previous preparations.
After the prosecution finished questioning the witnesses, in just a dozen minutes, the entire case was drawn a smooth and reasonable line.
Moreover, this line is exactly the same as Ling Li expected before.
Qin Xinghai returned to his hometown, he was lazy to eat, he was addicted to drugs, his gambling addiction relapsed, he owed countless debts, and it was easy to cheat his mother's money to repay the debts when he went home, but he was replaced by wood, which caused him to be beaten by the creditor, plus he took drugs, lost his mind for a while and killed his mother, and was chased and slashed by his father who found him murderous, and his father fell to his death in the process of escaping.
As for the repetition of confessions, they do not correspond to each other, and they have never admitted that the kitchen knife is a tool for committing crimes, and they have also been perfectly explained because of drug use.
When Qin Xinghai calmed down and returned to the courtroom, Ling Li never got any clue about Mu Jiu's questioning.
She had not come into contact with this witness before, she knew nothing about what he was going to say in court, and she did not have any good cross-examination strategy, except to repeatedly ask some of the details just mentioned to see if there were any inconsistencies.
However, there was nothing, everything was perfect.
Because of the fear of being confessed and absconding for fear of crime, it is reasonable to say, even if Ling Li put forward that Qin Xinghai did not do a urine test to prove that he had taken drugs at the time of the crime to oppose Mu Li's statement, the prosecutor also said: "Whether or not a urine test was done does not belong to the category that the witness should know, and the witness only stated and made reasonable inferences about what he knew." ”
Ling Li took a deep breath and asked slowly, "Mu Chu, did the procuratorate tell you that appearing in court to testify against Qin Xinghai in this case will allow you to get a lighter punishment in another case?" ”
As soon as she finished asking, the prosecutor spoke up: "Oppose the opposing lawyer's asking inducing questions." ”
Shen Mu said without hesitation: "Opposition is effective." ”
Ling Li sighed and said slowly, "Presiding Judge, I have no problem. ”
In fact, it is obvious that the prosecution and Mu Chu have already had something similar to a plea bargain behind their backs, and this one obediently cooperated with the case here, and that one side of the case had a good attitude of admitting guilt with major meritorious service and commuted the punishment in accordance with the law.
But what could she do? The law clearly stipulates that major meritorious service is a circumstance that should be mitigated and the punishment should be mitigated.
An irrepressible trace of frustration spread, and Ling Li looked sideways at the seat next to her.
Zhu Jinchuan sat next to her, and he didn't say a word, but his expression was serious and his brows frowned slightly.
Since the last surprise attack by the procuratorate, Zhu Jinchuan has understood that his strategy of confusing the procuratorate with Ling Li and Lu Xiaoxiao, two newcomers, has failed, and this case has long been closely watched, whether he appears in court or not, it will be useless, so he simply generously asked Qin Xinghai to change the commission and take charge himself.
It's just that this big god is as silent as a daze when he is here, Ling Li feels that he can't support it alone, and he is really panicked.
She couldn't help but fall into a depressed mood, a little distracted, I don't know how long it took, but she heard the sound of Zhu Jinchuan tapping on the table.
Zhu Jinchuan turned his head to look at her, smiled slightly, and said in a low voice: "The show is coming, why don't you hurry up and take a look?" ”
The corners of his mouth were smiling, and Ling Li was a little stunned.
What's the situation? Zhu Jinchuan's appearance is similar to the last time he ate more than two steaks for her.
She was in a daze, when suddenly there was a noise in the center of the trial area, and there were loud and noisy voices.
Turning his head in some astonishment, Ling Li found that Qin Xinghai, who was still sitting on the appeal table just now, actually pounced on Mu Jiu on the witness table again, and the castrated fierce bailiff couldn't hold him down.
Shen Mu on the trial seat rang the gavel again, with a bit of a headache, and once again reiterated the court discipline: "Defendant in the original trial, the court allowed you to confront the witnesses in order to find out the truth, not to give you the opportunity to scold." You have to pay attention to your emotions and don't disturb the order of the courtroom anymore. ”
Qin Xinghai yelled unconvinced: "This dead bastard is not righteous, he took away my money back then, and now he is falsely accusing me of not saying it, and he still doesn't admit it." If we have the ability to come out, we will swear to the sky on our knees, whoever lies, and the whole family will die. ”
Prosecutor Chen at the table said coldly: "Your whole family has died." ”
These words fell lightly in Qin Xinghai's ears, making him even more angry, and scolded loudly: "The public security and prosecutors are not good people, give Lao Tzu a trap and hold the stinky feet of the big tiger." Now that the tiger has fallen, if you don't behave with your tail between your legs, sooner or later there will be retribution. ”
He shouted out the secret feelings of the year without any taboo, and he was so powerful that he seemed to be trying to eat people, so the two bailiffs held him down, but there were no more hands to cover his scolding mouth.
Seeing that the flames of war were about to burn to the judge, Shen Mu rubbed his eyebrows and looked at the defense seat: "Lawyer Zhu, please stabilize your client's emotions." There is no way to go to court. ”
Zhu Jinchuan pursed his lips and slowly stood up, and said leisurely: "Presiding judge, I suggest that the defendant in the original trial be allowed to withdraw from the courtroom to calm down, the questions he wants to ask have been communicated to me in advance, and I can confront the witnesses on his behalf." ”