Chapter 354: The Reason for Failure

As soon as Lu Jin heard Tu Minghao say this, he also put away his dissatisfaction, looked at Sima Qiqi's eyes full of unwillingness, and said slowly: "Lawyer Sima, thank you for your efforts for my father, and I apologize to you for my behavior just now."

When Sima Qiqi heard Lu Jinyi say this, he couldn't say anything, in fact, it was obvious that he had not succeeded in appealing, and now that Lu Jinyi had become a sinner, a sense of guilt suddenly appeared in Sima Qiqi's heart.

"Okay, the matter has passed, let's see how to remedy it, there is a teahouse nearby that I often go to, let's go enjoy a cup of tea, and discuss this matter again to see if there is any possibility of remediation."

Tu Minghaoyun narrated lightly, Sima Qiqi nodded slightly, Lu Jinyi was silent for a long time before he said slowly: "That, Teacher Tu, I'm sorry, my father should know that this appeal failed, and he must be in a bad mood, I think I'd better go and visit my father and comfort him by the way!"

Lu Jinyi didn't wait for everyone to react, turned around and left without looking back, Tu Minghao saw Lu Jinyi's back, looked back at Sima Qiqi and the other three, and said with a smile: "Young man, your temper is too big, and you are not mature, junior sister, where Xiaolu was offended just now, don't take it to heart as a senior sister, the four of us should go for a cup of tea and see which link went wrong!"

Sima Qiqi was expressionless, nodded slightly, and the four of them came to the teahouse that Tu Minghao said, looked at the antique decoration of the entire teahouse, looked at Tu Minghao and thought: "I am so busy that I don't see your big bald head, and now I come out at this time to save the hero, what kind of heart is An, this big bald head must not be so kind."

The four of them sat down, Tu Minghao sat on the side, Sima Qiqi and Xiao Yan sat opposite, waiting for the waiter to bring the tea of the four people and put it in front of each other, Tu Minghao picked up the teacup and tasted it carefully, very comfortable, it seemed that he didn't care about the case at all.

When the three of them saw Tu Minghao's actions, they didn't know what kind of medicine Tu Minghao was selling in his gourd.

Just as the three of them were about to drink tea, Tu Minghao opened his mouth and asked, "So, my junior sister, as a criminal lawyer with the highest defense success rate, how could she not even pass the appeal?" I remember, you found the key evidence! ”

Sima Qiqi and Tu Minghao sat face to face, and at this time, due to the heat of the tea, Sima Qiqi could not see Tu Minghao's expression very clearly.

originally wanted to scold Tu Minghao, but he also wanted to know what went wrong, and it stands to reason that the inspection results of the hammer could already prove that the Forest Garden case was still suspicious, so he forcibly suppressed his dissatisfaction with Tu Minghao and turned his head to look at Sima Qiqi.

Sima Qiqi looked at the teacup in his hand, his face was full of resentment, and he told the story after the trial.

Back in time, when the adjudication court was in session, after Xiao Yan and Sima Qiqi entered the adjudication courtroom, the court staff closed the courtroom door, and Sima Qiqi and Xiao Yan sat in the defense lawyer's seat, this time without too much etiquette

, Magistrate Qi Nian looked at the documents submitted by Sima Qiqi, turned his head to look at the prosecutor in charge and asked.

"Prosecutor, based on the defense lawyer's argument that the prosecution chose to ignore the suspicious key evidence in the Forest Garden murder and cremation case six years ago, resulting in the defendant Lu Kuan's erroneous sentence, do you have any rebuttals?"

The prosecutor stood up and looked at Qi Nian and said slowly: "Your Excellency, six years ago, the prosecution was based on the evidence and testimony given by the police, forensic medicine and forensics, and only prosecuted the defendant after comprehensive consideration, we did not ignore any doubt in the evidence, and did not wrongfully accuse the defendant, the reasons stated by the defense lawyer are not valid at all, I ask the magistrate to immediately dismiss the defense lawyer's appeal, this is simply a waste of time."

Qi Nian motioned for the prosecutor to sit down, looked back at Sima Qiqi and asked, "Defense lawyer, according to the information, the defendant Lu Kuan has appealed twice since his conviction, but both failed, what evidence did your defense find to appeal on behalf of Lu Kuan this time?"

Sima Qiqi stood up and said, "There are three reasons for our appeal. First, the reason given by the police and the prosecution for the murder of our client Lu Kuan was because of the quarrel between the two for many years, and the defendant's negative emotions erupted and he impulsively killed the murderer, and the murder weapon was the hammer with the blood of the deceased on it, but according to the evidence of our client, the deceased and the defendant's son, the hammer had been placed in the trunk of the defendant's car......"

Before Sima Qiqi finished speaking, the prosecutor interrupted: "The deceased's son was only a teenager at the time, and his mind was not fully developed, and the deceased's son was also related to the defendant by blood.

Sima Qiqi and Xiao Yan both looked at this impolite prosecutor with dissatisfaction, Qi Nian seemed to notice that Sima Qiqi and Xiao Yan were both dissatisfied, looked at the prosecutor and said very seriously: "Prosecutor, pay attention to order, although this is a trial court, and it is a closed-door trial, but before the defense lawyer finishes speaking, you should not interrupt, please apologize to the defense lawyer for your behavior just now."

When the prosecutor heard Qi Nian say this, he was about to say something, but he seemed to notice the change in the expression on Qi Nian's face, so he had to stand up stupidly and apologize to Sima Qiqi very unconvinced.

Sima Qiqi didn't take this matter to heart, and continued: "According to our investigation of other residents of the Forest Garden and the defendant's colleagues in Lu Kuan, it is proved that the hammer has been kept in the trunk, and the defendant lives on the seventh floor of the Forest Garden, so it is impossible to get this hammer if he impulsively kills people and picks things up casually, so this is the first suspicion."

Qi Nian looked at Sima Qiqi and interrupted: "I'm sorry, defense lawyer, let me interrupt, I have a question, even if the defendant puts the hammer in the trunk for a long time, will the defendant take the hammer to the house on the night of the crime because he wants to repair things at home?"

Sima Qiqi looked at Qi Nian expressionlessly at this time, firmly

said: "Your Excellency, this is impossible, because the police at the scene of the crime found a toolbox, and the toolbox is full of tools, so the police think that the defendant impulsively kills, if according to what the magistrate just said, then it is even more impossible for the defendant to take the hammer to his home." Therefore, we believe that the prosecutor in charge of the case at the time ignored the reasonableness of the existence of the evidence, which is the first ground of appeal. Second, if the defendant killed his wife with this hammer, why did he still put the murder weapon next to him and be found by the police so easily, this point has not been well explained by either the police or the prosecution in charge of the case, so we believe that the prosecution cannot make relevant statements on the reasonableness of the evidence, in order to cover up the facts doubtful in the evidence with simple and vague words, which is the second ground of appeal. The third, and most important one. ”

Sima Qiqi paused and took a deep breath, Sima Qiqi knew that this evidence was the key to this ruling, but at this critical time, Sima Qiqi also had a trace of anxiety in her heart, and Sima Qiqi was also a little worried about whether this key evidence could be retried as she expected.

Qi Nian saw that Sima Qiqi didn't speak, and asked slowly: "Defense lawyer, please continue to make a statement."

Sima Qiqi nodded slightly and said: "The murder weapon that the police believe is the hammer used by the defendant to work, and the corresponding bloodstains were found on the hammer according to forensic evidence, and the bloodstains on it were confirmed that they belonged to the deceased after DNA comparison, so they used this as evidence to accuse the defendant, but the forensic doctor's scar comparison did not indicate that this hammer was the murder weapon that caused the wound on the back of the deceased's head.

Sima Qiqi looked at Xiao Yan at this time, Xiao Yan operated the computer, and played the inspection report to the big screen, Sima Qiqi pointed to the big screen and said: "The forensic doctor pointed out that the cause of death of the deceased was because the back of the head was attacked by a blunt object, and the deceased had an open wound on the back of the head, which means that in addition to the blood of the deceased as a murder weapon, there should also be an element of the deceased's brain, but after re-examining the evidence, it was found that there was not even a little brain juice on the hammer, and the blood collected on the hammer was analyzed, and there was no brain juice component. Then there is a question mark on whether this hammer is still the murder weapon of the deceased.

The prosecutor believed that the deceased's murder weapon was the murder weapon of the deceased based on the presence of the deceased's blood on the hammer, and I believe that the prosecution made a major mistake in the investigation of the evidence, neglected important links, and subjected my client to an unfair trial, and I request that the case be remanded to the local area for a new trial. ”

After Sima Qiqi finished speaking, he sat down slowly, looked at the prosecutor Tie Qing's face, and exchanged glances with Xiao Yan, but Sima Qiqi ignored Qi Nian's expression, Qi Nian looked at Sima Qiqi with cold eyes, looked at the prosecutor again, and asked slowly: "Can the prosecutor answer the three questions raised by the defense lawyer well?"

The prosecutor stood up and stammered, "Your Excellency, Judge, I, ......."

Qi Nian glanced at the prosecutor with great disdain, motioned for him to sit down, turned his head to look at Sima Qiqi, and asked expressionlessly: "Defense lawyer, I think the most important of the three questions you pointed out is the last point, so can the defense lawyer come up with evidence that the back of the deceased's head was pierced by a hammer at that time?"

When Sima Qiqi heard Qi Nian ask, he slowly stood up and said, "Your Excellency, the forensic report proves ......"

The magistrate waved his hand to interrupt Sima Qiqi's statement, and said in a cold tone: "The forensic report only proves that the deceased's skull has an open injury, but it does not say that it was caused by a hammer, and the forensic report points out that due to the seriousness of the burning of the body, it cannot be determined, and if the defense lawyer wants to use these three points as a reason for appeal, then please prove that the deceased's skull was directly caused by the hammer."

(End of chapter)