"What is the opinion of the defendant's defender on this evidence?" The presiding judge looked at Fang Yi and couldn't see joy, anger and sorrow.

The defender believes that the content of Jiao Shangying's statements before and after is inconsistent and contradictory, and there are many unreasonable points. The authenticity of Jiao Shangying's statement that the defendant Deng Junshan was the murderer is doubtful and cannot be used as evidence for the determination of facts in this case.

First of all, Jiao Shangying did not identify the murderer in his first statement after the case that year, but in his first statement four years later, he claimed to have seen the murderer's face clearly and recognized it as his son Deng Junshan.

In her later statement, she also said that she saw the outline of the murderer's face under his hat very similar to Deng Junshan, and as soon as the murderer spoke, she knew that it was Deng Junshan.

Jiao Shangying's above statements have changed significantly, especially the basis for judging the identity of the murderer is inconsistent, and the formation of the statement is unnatural.

Secondly, Jiao Shangying stated that the murderer broke into the house on the night of the crime and said that Deng Lu had done things when he was a village cadre before, and he was here to take revenge, if Deng Junshan deliberately made up lies to cover up his identity, then why did he pinch Jiao Shangying's neck face to face, isn't he afraid that Jiao Shangying will see his appearance clearly and hear his voice? Obviously, Jiao Shangying's statement is illogical, inexplicable, and questionable.

Finally, Jiao Shangying stated that the murderer carried out the murder with a wooden stick in his right hand, but he also reflected that Deng Junshan was a left-hander, a left-hander, but under the condition of high mental stress, he used a wooden stick in his right hand to commit the murder, which in itself does not conform to logic and daily habits.

Therefore, Jiao Shangying's report and testimony are doubtful and cannot be used as evidence for conviction in this case. Complete. Fang Yi expressed his cross-examination opinions.

"The prosecutor continues to present evidence." After listening to Fang Yi's cross-examination, the presiding judge frowned imperceptibly, feeling that this matter was a little strange.

"The ninth piece of evidence, the defendant Deng Junshan's confession before the trial: many years ago, he separated from Deng Lu after getting married, and he always had opinions because Deng Lu's distribution of family property was unfair, so he hated Deng Lu.

On the night of the incident, he drank at his father-in-law's house, and the more he thought about it, the more angry he became, so he took advantage of the absence of his daughter-in-law and children to find a hoe, sawed off one end of the hoe handle with a saw and left it at home, and took the rest to his parents' house.

Afraid of being discovered, he found a black cloth covering the area below his nose, put on a khaki soft hat, a pair of gloves, and a flashlight.

He pried open the door and entered Deng Lu's house, first took out the pliers in the table drawer of the hall to cut the wires in Deng Lu's bedroom, and then went in and lifted the quilt on Deng Lu's body, and took a half-hoe in his left hand to beat Deng Lu on the head.

When Jiao Shangying was about to get up, he hit Jiao Shangying on the head and on the hand. Then, he stuck Jiao Shangying's neck and asked where the money was, Jiao Shangying said that in the small box on the kang, he took out all the money in it and put it in his pocket.

Because he was afraid that Jiao Shangying would go out to call someone, he tied Jiao Shangying's feet with a rope again, and Deng Lu kept lying on the bed without moving.

After leaving the scene, he burned the bloodstained shoes and clothes he wore when committing the crime, and left half of the wooden stick used to commit the crime at the scene because he was too nervous, and the other wooden stick that was sawn off and the gloves used in the crime were left in his own home and thrown into the pigsty. In order to confuse the public security organs, he also picked the lock on the box in his house. In addition, he admits to being left-handed. The female prosecutor testified.

"What objection does the defendant Deng Junshan have to this evidence?" The presiding judge stared at Deng Junshan in the dock with an expressionless face.

"There are objections, I don't recognize this evidence, I can't stand it anymore before I sign the confession. I didn't say anything like that, the confession wasn't true. Deng Junshan said excitedly.

Retracted his confession in court!

Fang Yi and Cao Yongzheng were both moved in their hearts, and there was really a problem, but after all, it was difficult to adduce evidence without evidence.

"The defendant's defender cross-examined the evidence?" The presiding judge said.

The defense counsel believes that this evidence is untrue and cannot be used as evidence to determine the facts of this case.

First, Deng Junshan confessed that he committed the crime with a mask, while Jiao Shangying said that the murderer was not masked. Jiao Shangying stated that the murderer committed the murder with a stick in his right hand, while Deng Junshan confessed that he committed the murder with a stick in his left hand, and there were obvious contradictions in the testimony of the two sides.

Secondly, Jiao Shangying stated that Deng Lu had been humming since he was beaten, and later the murderer took two brown ropes from the house and tied them to her and Deng Lu's feet. Deng Junshan confessed that he hit Deng Lu on the head with a wooden stick, and later tied Jiao Shangying's feet with a rope, and Deng Lu stayed on the bed without moving. As to whether Deng Lu's feet were tied, the two described conflicts.

In the end, Deng Junshan confessed that he left the wooden stick used in the crime at the scene, left another piece of the wooden stick sawed in advance and the gloves he wore when committing the crime at home, and picked the lock on the box in his house in order to create a false impression to avoid suspicion.

The defendant Deng Junshan is a mentally normal adult, and according to ordinary people's thinking, the safest way should be to destroy all evidence related to the crime. After committing the crime, Deng Junshan burned the clothes, shoes and black cloth he was wearing, but he took the gloves home, and left the wooden stick used in the crime and a part of the wooden stick at two scenes where a connection could be established, which is obviously unreasonable.

The victim Jiao Shangying's statement and the defendant Deng Junshan's confession are evidentiary materials that directly prove the facts of the case, Jiao Shangying's statement is inconsistent, Deng Junshan retracts his confession after admitting guilt, and there are also fundamental contradictions in some key details between Deng Junshan's confession and Jiao Shangying's statement.

Therefore, the defense argues that the basic facts of the case cannot be determined through the above-mentioned evidence. Complete. Fang Yi expressed his cross-examination opinions.

His intention is very clear, although the existing evidence cannot directly prove the innocence of the defendant, but the key evidence provided by the procuratorate is inconsistent, and there are contradictions between the evidence, as long as this point is grasped and the judge is doubtful, and the evidence provided by the procuratorate cannot form a complete chain of evidence, then it will be difficult to judge guilt in this case. There is no doubt about the guilt, and the court is very likely to acquit the defendant. This is the defense plan he and Cao Yongzheng determined.

……

"The facts of this case have been investigated, the court investigation has been completed, and the court arguments are now begining. Court debates revolve around disputed facts that have not been certified by the court and how the law should be applied based on the facts.

The prosecutor will speak first. The presiding judge said.

"Presiding Judge and Judge: The defender believes that the defendant Deng Junshan deliberately murdered ...... because of conflicts with his father Deng Lu due to issues such as family separation and house building, and Deng Junshan's actions have constituted the crime of intentional homicide and robbery, and should be punished concurrently, and we recommend that the defendant be sentenced to death. Complete. The female prosecutor spoke. (End of chapter)