An analysis of Tang Jianmin's case

How did Tang Jianmin come back from the dead after he was shot? Is it two Tang Jianmin, or an impostor or ...

Many doubts are worth exploring: if Tang Jianmin who is still alive is innocent, who was shot? In 2009, the Hubei Provincial Procuratorate launched an investigation. Later, it was found out that in Yichang, Hubei, the robber "Tang Jianmin" was arrested, detained, prosecuted and tried. Finally, it was found out that he was not Tang Jianmin, but Zhang Wenhua.

Taking a "fake" Tang Jianmin naturally does not prevent the real Tang Jianmin from living well.

However, who is Zhang? How could he be tried in the name of Tang Jianmin and die all the way unimpeded? What made him refuse to reveal his true identity until he died?

Before September 20th, 2065438+0/kloc-0, New Express reporters went north to Xichuan, Henan, Xiangyang, Yichang and Wuhan, trying to find the answers to these questions.

The reporter found that Zhang Wenhua committed another murder in Xiangyang 1997. On his way to escape, he also reported his "accomplice" Xu Hao by letter.

In the local prison, there are still "accomplices" who have been wronged for 14 years, and they are still waiting hard, so that Zhang, who was shot, can be "arrested" one day, find out the murder case and be innocent.

Zhang called himself Tang Jianmin, and the police record was Tang Jianmin.

The case went on like this.

Now, with the discovery of Zhang's "suspended animation", the murder case has become an ambiguous "death row case".

This has also attracted the attention of the Hubei Provincial Procuratorate. The hospital is currently reorganizing the case.

We believe that it is not difficult to restore the truth as long as we return to common sense and pay attention to evidence. September 16, Houpo Town, Xichuan County, Henan Province, next to Danjiangkou Reservoir, the water source of South-to-North Water Transfer Project. After a few days of rain, the weather cleared up, and some people even put on short sleeves.

The field is empty, and it is not the season to grow wheat yet. Li, a 65-year-old former village branch secretary, stayed at home and didn't go out.

I mentioned to the reporter of New Express an experience of villager Tang Dianzhong's family nine years ago. Li remembered it and smiled at the same time. "Because this is really outrageous!"

In the summer of nine years ago, Li was entrusted to give a notice from the Intermediate People's Court of Yichang City, Hubei Province to the family of villager Tang Dianzhong, saying that Tang Jianmin, the son of Tang, was executed for robbery and asked his family to collect the body.

"At that time, there was no one in the Tang family, so no one went to pick up the body." Li said to him.

Unexpectedly, more than a month later, Tang Jianmin, who had already "died" in Yichang, actually went home. At that time, the young man who had just returned from working in Beijing could not understand why the villagers looked at him with strange eyes. Tang Jianmin, the second son of Tang Dianzhong, is 30 years old and works outside the home all the year round.

Because of the bad relationship between father and son, he didn't tell his family where he went, or even leave contact information. The notice of the court surprised the villagers: this boy was shot for breaking the law outside!

More than a month later, the villagers were shocked again: Tang Jianmin, who was "shot", came back alive and "wandered around the village entrance".

The criminal ruling of Hubei Higher People's Court in 2002 wrote: "Tang Jianmin, born in Xichuan County, Henan Province on August 26th, 2/kloc-0, robbed Huang Ya of a mobile phone and a wallet on the night of September 30th, 2000. Since then, Tang Jianmin has repeatedly committed crimes, robbed three women and stabbed two of them seriously. On 2001August 19, Tang Jianmin was arrested by the police. "

Yichang Intermediate People's Court sentenced "Tang Jianmin" to death for robbery and extortion. "Tang Jianmin" thought that the sentence was too heavy and appealed.

The Hubei Provincial High Court upheld the original judgment in the second instance, and President Wu Jiayou issued an order to execute the death penalty.

Yichang Intermediate People's Court executed "Tang Jianmin" on June 6, 2002.

However, since Tang Jianmin is still alive and has never been to Yichang, who is the person who was executed?

"Tang Jianmin came back after the Spring Festival this year. He works in Beijing with his wife and children. " Li said, "We are still wondering: How did the court judge and verify the identity?"

The true identity of the criminal "Tang Jianmin" who was executed in Yichang was not known to He Qian Village until many years later.

In August 2008, a lawyer from Beijing approached Tang Dianzhong and asked about Zhang's relationship with his family.

Tang Dianzhong told the lawyer who came from afar that Zhang is Tang Jianmin's cousin, who lives in Xiangfan (now Xiangyang), Hubei Province, and is the son of his sister Tang Dianrong, but he has not been in touch for a long time. He and his sister's family have not walked around for many years.

The lawyer told him that Zhang Wenhua was the "Tang Jianmin" who died in Yichang. What kind of person is Zhang Wenhua? Why did he pretend to be his cousin until he was finally executed?

The answer to the question given by Xiangyang Law Office is: Zhang Wenhua is an escaped murderer and has never been caught.

1On July 26th, 1997, a young unidentified male body was found in the flower pond at the entrance of Xiangdong gas station in Xiangyang County (now Xiangzhou District), with a body length of 170cm, which was identified as strangulation by forensic doctors.

On July 30th of the same year, Ma Dong, Han Jing and Wang Jing reported the case to the police station and recognized the body, confirming that the deceased was 23-year-old Jun Li, a member of the security department of Xiangfan Infectious Disease Hospital.

Several people reported that Zhang told them before he fled, and called from other places after he fled, saying that he and the primary school teacher were brave and would kill and dump the body.

Zhang Wenhua is 25 years old, with junior high school education, unmarried, engaged in paper products business, and his parents are retired workers.

The deceased is a friend of Zhang, and the relationship between the two sides is still the relationship with the downline. Xu Hao is Zhang's junior high school classmate and a music teacher in Xu Ying Primary School. Zhang repeatedly offered to consign the paper products he sold to the school, but they were all rejected.

Since then, zhang wan police station has received two "tip-offs" from Zhang.

"Report Letter" said: At 9 o'clock on the evening of July 24, He, He and Li were drinking at his house and strangled Li with a rope. He hugged Li. Twenty minutes later, I hit Li on the head with a hammer. Then, they threw the body on a Xiong Feng motorcycle. Drag Li to the side of the road and stab him in the face, neck and abdomen with a sharp knife. They left their bloody clothes and knives on the side of the road, put their cars in a motorcycle repair shop in Zaoyang, and then went home by car.

These two "tip-offs" were written in blank savings deposit slips of credit cooperatives, and the location of the abandoned body and the location of motorcycle storage were also marked with drawings. In the letter, Zhang accused of killing people and destroying bodies.

For his own place, Zhang Wenhua explained it like this: "I feel so guilty that I can't sleep for several nights, and my conscience can't stand it. When you saw me, you had jumped into the Hanshui River and died, or you took sleeping pills and died in the mountains. "

Of course, what happened later was that Zhang didn't "jump into the Hanshui River and die" or "eat sleeping pills and die in the mountains". After the hollow gun, he went to Yichang, a neighboring city, to continue his evil deeds until he was arrested by the local police and sentenced to death by the court. Zhang died in the name of his cousin Tang Jianmin, and didn't tell his real name until the last minute.

This makes his murder crime not investigated by law and becomes a crime of omission.

More importantly, his death made it difficult to confront the "Xu Hao murder" he "reported" and became a mystery behind him. In the process of escape, Xu Hao was arrested, found guilty and sentenced to death with a suspended execution.

But for more than a decade, Xu Hao has been complaining.

According to the Intermediate People's Court of Xiangfan City, Hubei Province,1On the evening of July 24, 997, Zhang Wenhua had a conflict with the staff of Xiangfan Infectious Disease Hospital, and Zhang Wenhua killed Li.

At eight o'clock in the morning on July 25th, Zhang invited Li to be killed, and Xu immediately agreed. The two agreed to kill Li after drinking.

At 9 o'clock that night, Zhang and Xu cheated Li to Zhang's home. Zhang hugged Li from behind in the name of competition strength. Xu Hao said, took out the prepared plastic rope and tied Jun Li's neck.

Zhang slammed his head with a hammer and tied Li's neck with a rope. After seeing Li's death, the two did not stop. Then, they threw the body on a motorcycle and stabbed Jun Li in the face, neck and abdomen with a sharp knife.

Obviously, the facts finally determined by the court are different from Zhang Wenhua's "report". In the facts ascertained by the court, it was Zhang Wen who slammed Jun Li's head with a hammer, not Xu Hao who was "reported" by Zhang Wen. Destroying the body is also the work of two people, not Xu Hao alone.

After Zhang's death, the case became a mystery with dead men telling no tales. When the reporter of New Express found Xu Hao's home in twenty middle school Dormitory in Xiangyang City, the scene he saw was bleak: the living room was filled with court judgments, lawyers' defense, witness testimony and complaint materials, plus a coffee table. It was evening 1, and Zhao Kefeng, Xu's mother and retired teacher, didn't even eat breakfast. There is a portrait of Xu Fu on the sofa.

Zhao Kefeng described the case in 24 words: "The real murderer reported that he was at large, and the innocent was imprisoned for his crime. The real murderer was arrested and killed, and the innocent is still in prison. "

She said she was so absorbed in the case all day that she didn't have the heart to clean it up.

Xu Hao's father, Xu Xinyu, had a sudden cerebral hemorrhage before the Spring Festival in 2002, because his son could not be reunited in prison. He died in 2004 at the age of 65.

"In the past, our husband and wife ran to various judicial organs for their son and asked for a retrial. After he left, I ran alone. "

Zhao Kefeng believes that the public security organs completely accepted the framed letter written by the murderer Zhang Wenhua when he was at large, immediately investigated the detention of Xu Hao, and extorted a confession from Xu Hao by torture according to the intention of the fugitive murderer, and obtained Xu Hao's confession of "participating in the murder" by brutal means.

Subsequently, the procuratorate and the court also accepted the framed letter from the fugitive murderer and convicted Xu Hao of murder. Liangpo, about 10 km west of Xiangyang City, is the seat of Xiangfan Prison in Hubei Province. Xu Hao is serving his sentence here.

The head of the prison management section has confirmed to the New Express that he has not pleaded guilty since he entered the prison, and he is in a poor state and does not communicate with anyone. "He said that his heart was dead and he was a' walking corpse'."

"From discipline to the warden, the energy spent on him is the most. Try to work for him and enlighten him. " He once said that the worst time was after his father died, and he was once in a state of mental illness. In the past two years, the situation has improved, and Xu Hao has begun to take part in some labor, and is willing to play the electronic organ for everyone in the prison's fitness and cultural activities. "He plays the electronic organ very well!"

Director Zeng admitted that Xu Hao still pleaded not guilty and kept asking for a retrial. However, the discipline inspection cadres did not take the initiative to mention this matter, so as not to arouse his excitement.

According to Xu's mother, she did not take the initiative to apply for commutation after she went to prison. After serving nine years in prison, the prison was very concerned about him and took the initiative to apply for the commutation of Xu Hao's sentence to 20 years in prison. Xu Hao tore up the sentence after he got it.

"I didn't kill anyone." "I know my case is not easy to change, and I don't want to bother the judge. Please ask the honorable judge of the Provincial High Court to sentence me to death immediately, so that my mother doesn't have to complain. " In a letter dated August 24, 2009, Xu Hao wrote.

It is reported that the Xiangfan Intermediate People's Court, in the process of handling the murder case of Xu Hao, ruled by1March 1999 19 that the Xiangfan Procuratorate was allowed to withdraw the lawsuit.

However, only one month later, on April 1999, the prosecution did not add any new evidence, but the court sentenced Xu Hao to a suspended death sentence.

According to the Supreme Law "Interpretation on Several Issues Concerning the Execution of Criminal Procedure Law", the court ruled that there were no new facts and evidence in the case that the procuratorate was allowed to withdraw the lawsuit, and if the procuratorate re-prosecuted, the court would not accept it. Dong, director of Hubei Zhenwu Law Firm, 10 years ago was a defense lawyer. From the first trial to the final trial, he still holds Xu Hao's view of "innocence".

"The prosecutor believes that the defendant can't prove that he didn't commit a crime, so the prosecution produced a lot of evidence to prove that the defendant was guilty." Lawyer Dong said that this is really ridiculous.

He believes that Xu Hao's conviction for intentional homicide "lacks direct evidence, and indirect evidence cannot form a chain of evidence".

Lawyer Dong pointed out in his defense at that time that Zhang wrote two "report" letters during his escape, which violated common sense.

"Zhang is the principal of the murder. According to the general behavioral psychology of a murderer, he is either afraid, destroying evidence and absconding for fear of sin; Either make an appointment with your partner and continue to do evil. Zhang said that he was afraid, but he could find his friend Xu He after committing the crime and tell them how he committed the crime, even the details. Said he continued to do evil, and then Xu Hao helped him kill people, and their relationship should be closer. Is it necessary for him to betray Xu Hao immediately? "

There is a similar analysis in the complaint materials written by the father of the deceased Xu for his son.

Xu's father asked, "Please kill people together" after Zhang killed people. Afterwards, he told his "friend" and wrote a letter of accusation. He is afraid that others will not know his crime? Still afraid that the public security organs don't know? Why not turn yourself in? This is an obvious frame-up.

Dong said that there is not even physical evidence in this case. Only one scabbard was found, but Xu Hao's fingerprints were not found; Footprints were taken at the dump site, not Xu Hao's; I didn't take any of the murder weapons, such as hammer, rope and bloody clothes.

In addition, the court found that Zhang and Zhang left the motorcycle carrying the body in the motorcycle repair shop. In the motorcycle repair shop, Li Feng's witness testimony seems to be beyond common sense.

On July 3 1 day after the incident, the police handling the case took Xu Hao to Zaoyang Lifeng motorcycle repair shop, but Lifeng did not know Xu Hao. On August 3, the police brought Zhang He's photo for identification. I recognize Zhang as one of the two people who sent a motorcycle for repair, but I don't know him. But on February 3 1 day, five months after the murder, Li Feng recognized these photos, but he recognized Xu Hao accurately. According to the case file, the police produced six photos, four of which were obvious photos of prisoners, another 1 showed a man in his thirties, and the remaining 1 showed photos of Xu Hao when he was 20 years old.

Xu Mu believed that Li Feng had received information about the suspect's twenties before. All these factors directly prompted him to choose the photo of Xu Hao.

Xu Mu also said that according to Li Feng's mother, the police pointed directly at Xu Hao's photo and asked Li Feng to identify his signature. "This kind of behavior is obviously an extremely irresponsible behavior made by the Public Security Bureau in order to close the case as soon as possible."

Zhang Wenhua was executed in the name of others. After investigation, the mystery of his "legacy" has become more and more prominent, which has attracted the attention of Hubei Provincial Procuratorate.

On September 16, Xu Hanming, executive deputy procurator-general and spokesperson of Hubei Provincial Procuratorate, said that the hospital had begun to sort out the case again. If there are serious problems, a retrial protest will be held, and the court will be asked to start the trial supervision procedure for retrial.

Xin Xu, a well-known legal scholar in China, a professor at Beijing Institute of Technology Law School and director of the Institute of Advanced Judicial Studies, thought the case was very bizarre and said that he would pay close attention to the progress of the case. Who discovered the "impostor" when Zhang Wenhua was shot? The reporter of New Express came to Yichang and didn't get the ideal answer.

According to the reply of Hubei Provincial Procuratorate [2009] No.23, after Xu Hao's mother Zhao Kefeng wrote to reflect that "Tang Jianmin did not actually execute the death penalty", the hospital appointed the procuratorate of Yichang City to carry out the investigation.

After consulting the case file, interviewing the case handlers, comparing photos and identifying documents, it is confirmed that the murderer Zhang Wenhua who was executed for robbery is actually under the name of Tang Jianmin.

In other words, in 2009, the official reply issued by the People's Procuratorate of Hubei Province finally confirmed the true identity of Zhang Wenhua, who was executed for seven years.

The reporter came to Yichang City Procuratorate, and Director Zhao Qing said that he had never heard of the investigation.

In the Xiling District Public Security Bureau of Yichang City, where the "Tang Jianmin" robbery happened four times, Hu, the chief of the political work department, also said that he had no impression of the case.

So, how did Zhao Kefeng, her mother, learn that Zhang was executed under a pseudonym?

Zhao Kefeng told the reporter of New Express that Zhang Wenhua learned about it from Yao, deputy secretary of Xiangfan Municipal Law Committee, in 2008. Perhaps Yao sympathized with her for running around for her son 10 years, and told her this "secret" when Yao was nearing retirement.

When did Yao learn that Zhang Wenhua was executed as an impostor? Don't Xiangyang municipal law organs already know, but keep it a secret?

When the reporter of New Express contacted Yao, Yao said that he had retired and had no intention of mentioning this matter again, deliberately avoiding the reporter's question.