278. Before the trial begins, I first ask the presiding judge to recuse himself from this case!
"My personal feeling is that it's better to have an open trial."
In the face of Daniel Zhang's father's inquiry, Li Chen also explained to him with a serious and responsible attitude: "You see that you also found the media in the early stage, and the incident has become a hot topic, and there should always be a conclusion about right and wrong."
If the trial is not closed, it is very likely that the verdict will not be made public in the end, which is unfair to you, just like the reason why they asked you to find the other party to issue a letter of understanding in the early stage. ”
After receiving the case, the court also contacted Daniel Zhang's parents as soon as it received the case, hoping that they would find the plaintiff's family to make an understanding, and they would also handle the case as appropriate and give their son a suspended sentence.
Li Chen was also puzzled after learning about it.
It was also the first time he had heard of the presiding judge of the trial court taking the initiative to find the family of the criminal suspect to obtain forgiveness.
But it's not hard to understand.
The matter is so big, netizens all over the country are watching, and they are indeed under a lot of pressure.
However, as a lawyer, Li Chen didn't have the spare time to understand them, and he didn't dare to agree with this method.
In the current situation, the defendant is still a suspect, and the case has not been tried, how can you, as the presiding judge, end up and let the defendant go to the other party to get the explanation book.
To put it bluntly:
The case has not yet been tried, why do you decide that Daniel Zhang raped the woman, and ask the other party's family to get a letter of understanding?
Daniel Zhang's parents were also enlightened after listening to Li Chen's words.
I can't help but hear it in public!!
Not only is it public, but you also have to apply for an online trial, which is in line with everything you did in the early stage.
Just like Lawyer Li said, now netizens across the country are watching, and let them take a look at the scene of the trial, so that they can judge whether their son is guilty or not guilty.
On April 23, Daniel Zhang's parents also replied to the judge who contacted them and made a specific request to apply for a webcast trial.
The presiding judge also had a headache in the face of the other party's application reasons, and wanted to refuse but didn't know how to speak.
It's really too inexplicable for the other party to apply!!
Because their previous actions had a negative impact on the victims' families, only an open online trial could bring justice to each other.
If their son Daniel Zhang is indeed a rapist, then they are not afraid of carrying the reputation of the rapist's family.
If you don't teach, it's your father's fault.
As Daniel Zhang's family, their son did such a ridiculous thing, and they deserved to be scolded as parents.
But if his son didn't rape the other party, then he should give them justice openly.
Victims need a public online trial to get their innocence, and so do they!!
Faced with the victim's family who thinks about the other party so much, what reason should he refuse...
Some of them are embarrassed, it's like being roasted on a fire, and it's not the right thing to do.
Sentenced Daniel Zhang to rape?
It's too inconsistent with justice in the eyes of the public...
But what makes him even more depressed is still to come...
At the end of April, Li Chen, as the victim's defense lawyer, also submitted his reply to the trial court on time.
On May 3, the trial court held a pretrial conference, and Li Chen rushed to Tongda City, Xishan Province, on the afternoon of May 2.
It was nine o'clock in the morning on the third day.
Li Chen of the D County Trial Court of Tongda City, the public prosecutor of the District Prosecutor's Office, and the presiding judge of the trial conducted a pretrial conference.
The pre-trial conference was mainly focused on evidence.
The prosecutor presented evidence of the rape case:
The victim's description, the voice recorder provided by the victim, and Daniel Zhang's personal statement.
"Defendant's defense lawyer, have you asked the prosecutor or the presiding judge to recuse yourself?"
"I apply for the recusal of the presiding judge."
Li Chen's gaze met that of the judge who asked him, and the trial judge couldn't help frowning when he heard this: "You said that you applied for the recusal of the presiding judge?" ”
"That's right."
"What is the reason for applying?"
There are two reasons for this:
First, at the beginning of the case, the presiding judge approached my clients and asked them to go to the victim's family to show an explanation to mitigate the criminal law. ”
In the face of the presiding judge and the prosecution, Li Chen still chose to open fire on his own person: "When the case was in the local prosecutor's office, I negotiated with our prosecutor, believing that there were still many doubts in the Daniel Zhang rape case.
One is the public elevator at the site of Daniel Zhang's murder.
Daniel Zhang and the woman took the elevator to their wedding room together, and the behavior of the two was very ambiguous, without any abnormalities.
After Daniel Zhang's murder, the victim also looked natural when he took the elevator and went downstairs alone, without any specific characteristics of forced violation.
Doubt 2: The victim's reporting time and specific requirements.
After the victim was violated, their first reaction was not to call the police, but to find Daniel Zhang's family and make two requests:
The first is to pay the remaining 100,000 yuan in advance.
The second is to add the woman's name to the house book, otherwise he will be warned of rape.
Both of these situations involve extortion in themselves. ”
"In the case you mentioned, there is simply not enough evidence to show that the woman made such a request."
Hearing Li Chen talk about herself, the female prosecutor in charge of prosecution also replied unceremoniously.
"Then Daniel Zhang's rape case is enough to be true, isn't it just looking at the testimony of both sides to convict?"
Hearing that the female prosecutor was still exculpating the woman, Li Chen did not show mercy to her: "As the prosecutor in charge of prosecution, you treat the case with colored glasses, which in itself does not meet the requirements of the public prosecutor, and I will react to this matter like the relevant departments of the local prosecutor's office, I will first talk about the matters that the chief judge recused." ”
You're talking about it after the trial is over, don't jump out in such a hurry!
The female prosecutor in charge of prosecuting the case looked confused when she heard this.
What's that?
Do you still want to respond to my questions like the relevant departments??
Okay...
I'm waiting for you!
At this time, she was still a little disdainful, and she didn't believe that Li Chen could do anything to her.
"As the presiding judge of the case, is it understandable that the case has already reached a verdict on your side when the behavior of Daniel Zhang's family was found before the case began.
An act that results without a trial is a serious violation of normal case trial procedures, which is the first place.
Second, I think my client has already given a clear answer and specific request for the case to be tried in public, but how did the presiding judge skip the closed trial imposed by Daniel Zhang's parents?
To sum up, I believe that the presiding judge of this case is no longer able to hear this case fairly and impartially, so I apply for the recusal of the presiding judge, which also meets the requirements of the application! ”
(End of chapter)