Chapter 552: Accident

Sima Qiqi continued: "Your Excellency, according to the police investigation, at the time of the incident, many people saw my client quarrel with the deceased, but the testimony obtained by the police did not see the whole process of the case. For example, this one. ”

Sima Qiqi picked up a thick document and flipped through it to find the corresponding contents, and said slowly: "The police asked for information, the fifth line on the third page, which reads 'I heard many people talking, go out to see what happened', and the seventh line on the sixth page, 'I suddenly heard a very fierce man's voice, So I looked around, 'Wait, this information records a total of 23 eyewitness confessions near the scene of the crime, among them, we found words with an uncertain tone, a total of 35 places, and 23 witnesses made a total of 87 records, that is to say, there are about 40 testimonies on this material are uncertain, try to ask in the case of the existence of so many uncertain testimony, whether my client killed someone or because of pushing people to cause the death of the deceased is uncertain, therefore, the prosecutor's accusations against my client, we believe that the prosecutor has a very strong subjective emotion in the case。 ”

Sima Qiqi paused and glanced at Tu Minghao, this is a habit that every experienced defense lawyer will develop, because many lawyers only want how tense and logical their statements are, and often ignore the most critical person, that is, their opponent.

It is impossible to ignore the change in the opponent's expression when he hears the defense lawyer's statement, and it is possible that as long as a very slight change in the opponent is captured, it is very likely to affect the direction of the entire case.

Sima Qiqi found that Tu Minghao was calmly looking down at the information, Tu Minghao seemed to notice that Sima Qiqi was looking at him, smiled slightly, and no longer paid attention to Sima Qiqi.

Sima Qiqi saw that Tu Minghao was so calm, and he had some doubts in his heart, but Sima Qiqi was also experienced in defense and experienced in criminal cases, although Tu Minghao was very calm, but Sima Qiqi did not let himself panic because of Tu Minghao's unusual calmness.

Sima Qiqi continued to state at his own pace.

"Your Excellency, according to the police interrogation record, we found that there were many traces of alteration on this record, that is, when the police questioned the relevant witnesses, the witnesses themselves could not be sure whether what they said for the first time was exactly what they saw, so after thinking in their minds, they picked out what they thought was the most correct answer, and from this point of view, the confessions of the witnesses were not very credible, therefore, with regard to the accusations of our client, we believe that there are subjective emotions and are not fair to our client. The court is requested to carefully consider the credibility of the witness's confession and adopt the argument. Concluded, Your Excellency. ”

After listening to Sima Qiqi's statement, Qi Nian nodded slightly, looked at Tu Minghao, Tu Minghao closed the document in front of him, slowly stood up and said: "Your Excellency, just now the defense lawyer pointed out that there are many uncertain words in the police's interrogation record, and there are also many modifications. But just now the defense lawyer also pointed out that the uncertain words account for about 40, but what the defense lawyer did not say is that there are 60 is certain, we all know that one thing reaches more than 50, that is to say, the development of the matter is biased towards a high probability, in this case, that is to say, it is very likely that the defendant killed the deceased with a brick because of a quarrel with the deceased, in anger, as for the process, due to the chaos of the situation at the time, many people did not see the incident, but many people saw the deceased quarrel with the defendant before his death, and then fell to the ground with a brick next to his head, while the defendant was standing right next to the deceased. ”

Tu Minghao looked at the jurors and said slowly: "Everyone, think about it, the place where the accident occurred is a lively street, and there is no construction site near the house or anything, how could it be so coincidental that there is a brick on the ground, and how coincidentally, the deceased was pushed by the defendant and fell to the ground, and his head hit the brick on the ground, what is the probability of this, this probability is smaller than the probability of a person winning the lottery or being struck by lightning." As for the fingerprints on the bricks, you should remember the picture just released by the defense lawyer, where the fingerprints are located, exactly in a posture of holding a brick, but because the fingerprints only have fingertips, the defense lawyer believes that holding the bricks in this way can only be barely held, and cannot be attacked. Therefore, the reason given by the defense lawyer is that the defendant saw a brick under the deceased's head, so he took out the brick with his hand and stained the fingerprints, indeed, according to the police investigation, everyone could not remember the details clearly, and the witnesses did not give accurate answers out of caution. ”

Tu Minghao paused for a moment, next, please forgive me for one of my actions just now, that is, when the defense lawyer was making a statement, I actually looked at my mobile phone, but it was this casual glance that I found something interesting. I want to show everyone in court."

When Sima Qiqi heard Tu Minghao say this, he immediately stood up and said: "Objection, Your Excellency, the evidence presented by the prosecutor in court has not submitted the relevant application, and we have no preparation. The prosecutor is requested to apply for evidence to be submitted in court in accordance with the relevant procedures. and submit copies of the relevant evidence to us so that we can prepare it. ”

After Sima Qiqi finished speaking, he looked at Tu Minghao, Qi Nian also looked at Tu Minghao, and was about to speak, Tu Minghao took the first step and said: "Your Excellency, our evidence is not used as evidence in court, but as a supplementary explanation of the prosecution's No. 1 exhibit, please use it as Appendix 1 of the prosecution's No. 1 exhibit, as for the defense lawyer's worries, you can ask the defense lawyer to watch it first, so that the defense lawyer is also prepared." ”

Qi Nian heard Tu Minghao say this, picked up the pen and recorded it and said slowly: "Since it is attached as the prosecution's No. 1 evidence, you don't need to submit relevant evidence to the court, defense lawyer, do you agree that you should check the relevant attached evidence first?" ”

When Sima Qiqi heard Tu Minghao say this, he also understood that his objection just now was futile, but letting the threatening evidence in Tu Minghao's hands become attached explanatory evidence also means that the judge and jurors cannot convict the defendant based on the attached evidence, because this kind of evidence is only a supplementary explanation of the previous evidence, and if the previous evidence is weak, then even if a supplementary explanation is added, it will not have much impact.

Sima Qiqi nodded slowly, and Qi Nian motioned for Sima Qiqi to go to Tu Minghao's position to check the relevant attachments in Tu Minghao's mouth.

Sima Qiqi came to Tu Minghao, Tu Minghao smiled slightly, made a gesture of please, Sima Qiqi put on headphones, picked up Tu Minghao's mobile phone and looked at it, Sima Qiqi looked at it for a while, looked at Tu Minghao with a puzzled face, Tu Minghao smiled slightly.

Sima Qiqi didn't know what the evidence of the so-called attachment on Tu Minghao's mobile phone said, took off the headphones and looked at Tu Minghao with a slight frown, but there was no response for a long time.

"Defense lawyer, defense lawyer."

Sima Qiqi came back to his senses when he heard Qi Nian's shouting, Qi Nian looked at Sima Qiqi and said with a little dissatisfaction: "Defense lawyer, have you checked the attachment provided by the prosecutor to explain the evidence?" ”

Sima Qiqi heard Qi Nian's question, and nodded hurriedly, and Qi Nian then asked, "Then do you have any questions?" ”

"No, Your Excellency, the prosecutor's attachment explains the evidence I think can be played."

Qi Nian heard Sima Qiqi's answer, nodded slightly and said, "Prosecutor, since the defense lawyer has no doubts, then please play your attachment to explain the evidence." ”

Qi Nian's voice did not fall, he turned his head to look at the eight jurors, and said slowly: "Eight jurors, I want to remind you that the attached evidence is only a supplement to the previous evidence, no matter what kind of impact this evidence causes you, you cannot use the attached evidence as the basis for conviction and sentencing." ”

The eight jurors all nodded when they heard Qi Nian's reminder. Tu Minghao began to play his so-called attachment to explain the evidence, only to see a picture of practicing on the big screen of the courtroom, and only to see a person throwing up the altar from time to time and then grabbing the mouth of the altar with his fingers.

The video was played quickly, and everyone didn't know what the video played by Tu Minghao illustrated, Qi Nian looked at Tu Minghao with a puzzled expression and asked.

"Prosecutor, the evidence in your attachment is to explain the prosecution's evidence No. 1, but this court has just read it, and it doesn't seem to know what to explain?"

Tu Minghao smiled and said: "Your Excellency, jurors, the video I just played is actually just to show that although there are only fingertip fingerprints on the bricks, it is indeed very laborious for ordinary people to take bricks in this way, but if one has undergone special training, such as the legendary Eagle Claw Gong, then even if he holds the brick with his fingertips, he may be able to beat people to death." ”

"Objection, Your Excellency, the prosecutor has no substantial evidence to prove that my client would be a so-called eagle claw gong."

Before Sima Qiqi's words fell, Tu Minghao said with a relaxed face: "Your Excellency, this evidence of mine is only an attachment to illustrate the evidence, and the defense lawyer does not need to object, it cannot be used to convict." ”

When Qi Nian heard Tu Minghao say this, the expression on his face was slightly helpless, but he still nodded, looked at Sima Qiqi and said: "Defense lawyer, you should know very well that the attached evidence is invalid, because the evidence is not evidence for conviction in court." ”

When Sima Qiqi heard Qi Nian say this, he sat down unconvinced, but Kan Yu was anxious at this time, and saw Sima Qiqi sitting back in his position, and shouted: "Hey, why do you sit down and continue to object, I haven't practiced any eagle claw skills, don't think about it anymore, you eight guys, I warn you, don't think about it, otherwise you will be careful not to finish eating and walking." Hear no, hear no! ”