Chapter 1112: Major Suspicions

"Defendant, do you have any objection to the evidence presented by the prosecutor?" The presiding judge asked.

"There is no objection. On the day of the incident, I was indeed at Deng Shiyun's house and also saw the landlord. Fang Xinyue replied.

"Defender, do you have any objection to the evidence presented by the prosecutor?" The presiding judge looked at the defense bench.

"The defense believes that although the above-mentioned witness testimony can prove that the defendant has a motive for committing the crime and the temporal and spatial conditions for committing the crime, these pieces of evidence can only show that the defendant is suspected of committing a crime, or even a major crime, and cannot directly establish a connection between the defendant and the criminal act." Fang Yi testified.

Fang Yi's opinion is very simple: witness testimony and call records can only prove that the defendant went to the victim's home, but neither can directly prove that the defendant committed homicide.

"Please ask the prosecutor to continue to present evidence." The presiding judge continued.

"The fifth piece of evidence, the physical evidence inspection report of the public security organ, confirmed that diazepam and alprazolam were detected in the blood stains on Deng Shiyun's pajamas and bed sheets at the scene, and the two drugs have anti-anxiety, sedative and hypnotic effects." The prosecutor continued to testify.

"Defendant, do you have any objections to this evidence?" The presiding judge asked.

"No objections." Fang Xinyue shook her head and said.

"Does the defense have any objections to this evidence?" The presiding judge looked at the defense bench.

The defender did not object to the test results, but according to the evidence on record, the day after the incident, the investigating agency sent Deng Shiyun's venous blood and urine for testing, and the appraisal opinion showed that no sleeping tranquilizers were detected in the above-mentioned samples.

If Deng Shiyun had consumed a drink with sleeping tranquilizers before the incident, the components of the drugs should have been detectable in his venous blood and urine the day after the incident.

It can be seen that this evidence contradicts the results of the investigation agency in the case file, and the prosecutor did not give a reasonable explanation, so reasonable doubt cannot be ruled out. Complete. Fang Yi cross-examined.

Fang Yi understood that the purpose of the prosecutor to produce this evidence was nothing more than to prove that the drink that Deng Shiyun and Niu Jiayan drank on the day of the crime was tampered with and put in sleeping and sedative drugs. But the results of Deng Shiyun's urine test and blood tests ruled out that Deng Shiyun had taken sleeping drugs, which is crucial.

"The prosecutor continues to present evidence." The presiding judge looked at the evidence in his hand and said.

"The sixth piece of evidence, the statement of the victim Deng Shiyun, at about 9:10 on the night of the crime, the defendant Fang Xinyue came to Deng Shiyun's residence and carried a large plastic bag in a supermarket, which contained cooked foods such as chicken feet, beef jerky, pig's head meat, and milk tea.

After the child went to sleep, the two chatted about Cong Mingchang, and Deng Shiyun took out a Tibetan knife given to her by Cong Mingchang for the defendant Fang Xinyue to watch.

Deng Shiyun felt dizzy after drinking the milk tea brought by the defendant Fang Xinyue, so she lay down and fell asleep. The next morning, Deng Shiyun found that his right arm was bleeding and the child's hair was bleeding. The prosecutor testified.

"Defendant, do you have any objection to the evidence presented by the prosecutor?" The presiding judge asked.

"There is an objection, I went to Deng Shiyun on the day of the crime, and she did show me the Tibetan knife, but after my showdown, both of us were very excited and quarreled, and she didn't sleep." Fang Xinyue looked a little excited.

"Defender, do you have any objection to the evidence presented by the prosecutor?" The presiding judge looked at the defense bench.

The defense believes that Deng Shiyun's statement shows that she did not witness the process of the crime, and can only prove that the defendant Fang Xinyue stayed at the crime scene on the night of the crime, and cannot prove that Fang Xinyue is the perpetrator.

In addition, the results of the urine test and blood sample test of Deng Shiyun by the public security department in the case file showed that Deng Shiyun did not take sleeping drugs on the night of the crime, and it is obvious that Deng Shiyun's claim that he fell asleep after drinking the drink brought by the defendant has major doubts. Fang Yi cross-examined.

"The prosecutor continues to present evidence." After a few moments, the presiding judge took his eyes off the case file and looked at the prosecutor's bench.

……

"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 Adjudicator: This court is of the opinion that ,...... Fang Xinyue was jealous of Deng Shiyun, and came to Deng Shiyun's rented house at about 9 o'clock on the night of the crime. Subsequently, Fang Xinyue took advantage of Deng Shiyun's sleepiness to stab Deng Shiyun's daughter Niu Jiayan in the neck with a knife, causing her vertebral artery to rupture and die of massive blood loss, and cut Deng Shiyun's right wrist with a knife, causing Deng Shiyun to be slightly injured.

We believe that the facts of this case are clear, the evidence is sufficient, and the defendant Fang Xinyue's criminal methods are cruel, and the consequences and crimes are extremely serious, and we recommend that the defendant be sentenced to death. Complete. The prosecutor commented.

……

"The defendant's defender gives his defense opinion." The presiding judge said.

"Presiding Judge and Judge: The defender believes that in this case, the prosecutor charged the defendant Fang Xinyue with the crimes of intentional homicide and intentional injury, and provided a large amount of evidence. However, except for the confession made by the defendant Fang Xinyue, other evidence can only prove that the facts of the crime occurred, that the defendant was suspected of committing a crime, and that the criminal conduct was committed by the defendant. The specific reasons are as follows:

1. The key evidence in this case is the defendant's confession made during the investigation phase. However, the key details of the defendant's confession have not been corroborated by other evidence, the veracity cannot be confirmed, and it is unstable, and the defendant Fang Xinyue cannot be found guilty on the basis of this confession alone. The details are as follows:

1. Fang Xinyue once confessed that after committing the crime, she took the victim's mobile phone and blood-stained pajamas, threw the pajamas into the garbage heap, threw the mobile phone into the public toilet at the head of the village, and pointed out the location where the above items were discarded, but the investigators did not extract the blood-stained pajamas, nor did they find the abandoned mobile phone, and only took pictures and recorded them at the designated place where the abandoned mobile phone was discarded.

2. According to Fang Xinyue's confession, Deng Shiyun and the three of them ate the snacks bought by Fang Xinyue and drank the drinks bought by Fang Xinyue, Deng Shiyun threw the packaging bag on the garbage heap outside the door, and the drink cup was placed on the table, and then the two smoked a lot of cigarettes, but the on-site investigation records did not record the above-mentioned physical evidence.

3. Defendant Fang Xinyue once confessed that when he arrived at Deng Shiyun's house, he was ready to retaliate and kill, but he did not carry any tools for committing the crime, which is not in line with common sense.

4. Defendant Fang Xinyue's confession of guilt was evidenced first and then confessed, and its credibility is not high. Fang Xinyue once confessed that she stuck her hand around Niu Jiayan's neck and stabbed Niu Jiayan twice in the neck with a knife, and this confession was corroborated by the autopsy report, but this method of committing the crime was relatively common and not special, and the investigators had examined the body before interrogating Fang Xinyue to understand the victim's physical injuries and cause of death.

5. In the last confession and at the trial, the defendant Fang Xinyue retracted her confession, arguing that after she had an argument with Deng Shiyun, Deng Shiyun stabbed her with a knife, she picked up Niu Jiayan to resist, and Deng Shiyun stabbed Niu Jiayan with a knife. ”

In order to let the judge hear his defense opinions clearly, and also to take care of the clerk's recording speed, Fang Yi deliberately slowed down the speed of speech. (End of chapter)