Quick Wear: Everyone knows I am a good person
Chapter 1040: Lawyer Defending Evildoers 22
"It's okay. I'm sure of it."
As for the specific details of the case, Shu Jiao will not reveal it to Song Yu for the time being.
Song Yu didn't ask any further questions.
He just laughed twice after hearing her say that. "That's great. If you can win this case, you'll be a legend in the legal world."
How amazing.
Less than half a year after obtaining the certificate, he dared to defend his innocence, and the key is that he was successful.
What a miracle!
"Thank you for your blessing, Brother Song."
Shu Jiao chatted with him for a few minutes and then hung up the phone.
Not long after, the second trial of Sun Xiangyang's case opened.
As soon as the judge sat down, a silent pressure spread out, as if the wrinkles between his eyebrows revealed the word "serious".
We went through the process for a while.
"Sun Xiangyang, you admitted to murder in the first trial. Why are you changing your statement in court?"
The judge began to ask questions.
Sun Xiangyang: "Because Yang Xing wouldn't let me eat or drink, and several waves of people kept questioning me, not letting me rest, I couldn't stand it anymore and had to confess. He did it on purpose, he was getting revenge on me."
Prosecutor: "Your Honor, there is no substantiation for Sun Xiangyang's accusation. I suspect it was fabricated to evade conviction."
"Have!"
Listening to the judge's words, Shu Jiao's eyes began to light up. "Please look at Exhibit 3. There was indeed a conflict between Yang Xing and Sun Xiangyang, and the owner group chat records show that Yang Xing's family did not give up after receiving yuan."
"They insulted and caused trouble to Sun Xiangyang's family for half a month."
"Presiding Judge, we request that Sun Xiangyang's confession of guilt made during the investigation phase be excluded."
"Not only did Yang Xing illegally participate in the interrogation process, but also because the interrogation video only contained fragments and could not prove the legality of its acquisition, it should not be used."
The judge nodded and said, "Prosecutor, please explain the missing interrogation video."
The prosecutor nearby reviewed the materials and said, "The video equipment was malfunctioning at the time. Sun Xiangyang has already signed his confession. This is a fact."
"Fault?"
Shu Jiao sneered.
I expected you to say that.
"What's the problem? How long has it been going on? Why wasn't the backup equipment used? Are there any maintenance records to prove it? How can we prove that the equipment wasn't damaged by human error?"
Shu Jiao asked a series of questions, then added, "Simultaneous audio and video recording of interrogations is a mandatory procedural requirement. Failure to do so would constitute a procedural violation."
"During the interrogation, the equipment suddenly malfunctioned. We have preserved the effective portion to the greatest extent possible. The remaining content can be supplemented through the transcript."
The prosecutor countered.
"The explanation doesn't make sense!"
Shu Jiao remained calm, "Moreover, there was no lawyer present when the transcript was made, and there was no video recording. The defendant was most likely coerced into signing."
“I request the court to exclude this evidence in accordance with the law.”
As long as the most crucial evidence is excluded in the first trial, Sun Xiangyang's case will be much easier to argue.
Further down, procedural issues of the first instance are mentioned again.
Mentioning this, Shu Jiao narrowed her eyes and spoke again.
"Your Honor, during the first trial, the judge repeatedly interrupted the lawyers, preventing them from defending the client, and repeatedly refuted their reasonable speculations. This is clearly biased!"
"Moreover, the first instance court ruled that our client committed murder due to intense emotional loss of control and sentenced him to life imprisonment, which is clearly unreasonable."
The prosecutor frowned. "Sun Xiangyang returned in anger and committed another crime. That's still considered emotionally uncontrollable. How can that be unreasonable?"
"A murder of passion requires immediacy."
Shu Jiao said solemnly, "The deceased died at three in the morning, and the fight between the two parties occurred at twelve o'clock. Three hours is enough time to calm down."
"Furthermore, after the fight, our client searched whether he needed to pay compensation for assaulting someone. This proves that he had calmed down and considered the consequences when he returned home."
"It doesn't qualify as a crime of passion."
Prosecutor: "Even after calming down, it is possible that he would continue to be angry and premeditated to commit murder."
"Then may I ask, is there any evidence that our client was continuously angry and premeditated the murder?"
Shu Jiao asked directly.
Where does this subjective evidence come from?
There is a sentence in the transcript:
After Sun Xiangyang returned home, he was still very angry when he thought about the fight just now. In a rage late at night, he went upstairs and killed Zhou.
but!
The transcript evidence has just been excluded by Shu Jiao and cannot be used.
That's equivalent to no evidence.
Faced with the judge's questioning, the prosecutor shook his head.
Immediately afterwards, the two sides began to debate the "chain of physical evidence".
But the "chain of physical evidence" is not perfect.
In other words, the most crucial clues are missing, for example, Zhou's cause of death was being hit on the forehead by a wine bottle.
The previous lawyer may not have known this.
But Shu Jiao is professional!
She had read the evidence from the first trial and believed that the wound on Zhou's forehead was not enough to cause death. It was most likely alcohol poisoning or a disulfiram-like reaction.
There is something wrong with the cause of death!
I don't know how the forensic doctor managed to make it a death from trauma.
In addition, Shu Jiao also presented key evidence——
Before the first trial, Yang Xing transferred 50,000 yuan to the account of the first-instance judge's wife.
Isn't that a coincidence?
How could it be that just before the first trial, two people who had no connection with each other before had close contacts and financial transactions?
What are these 50,000 yuan used for?
Oh?
Buying art from a judge's wife?
Yang Xing's family had no interest in art before, so why did they suddenly start buying art?
Obviously this is bribing the judge!
"so!"
Shu Jiao said solemnly, "I want to apply for an investigation into the judge of first instance."
So, why did Yang Xing torture Sun Xiangyang to death?
Could it be that Sun Xiangyang’s son was scared to tears because of his dog?
"of course not!"
Shu Jiao presented the evidence of the raid that she had obtained, "Judge, please take a look at the surveillance video inside the community."
The surveillance time showed that it was during the Chinese New Year in February.
Sun Xiangyang and his family just returned from their hometown.
That evening around 6:00 PM, Sun Xiangyang went out for a walk with his dog when the dog suddenly broke free from its leash and ran away.
Sun Xiangyang chased all the way.
After chasing the dog to a corner, Sun Xiangyang grabbed the dog, squatted there and put a leash on it, while scolding the dog in a low voice.
The whole process seemed normal.
The judge, the prosecutor, and even the person involved, Sun Xiangyang, looked at Shu Jiao in confusion.
"Yang Xing is here."
Shu Jiao pointed at the face in the corner of the video screen, who was holding a cell phone and talking.
"I've asked a teacher proficient in lip reading to interpret it. At that moment, Yang Xing was accepting bribes. My client may not have heard him clearly, but Yang Xing was guilty as a thief."
"so!"
"He is deliberately framing my client!"
003 really deserves great credit for uncovering this matter.
Shu Jiao ignored this point.
If 003 hadn't noticed this when reviewing the surveillance video, Shu Jiao's defense would definitely not have been as easy as it is now.
"San'er, you're awesome."
Shu Jiao is never stingy with her praise.
"Hehehe, of course."
003's tone sounded quite arrogant.
Of course, they only chatted for a few words, and Shu Jiao's focus immediately shifted to the court.
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