Go homepage(回首页) Upload pictures (上传图片) Write articles (发文字帖)
The author:(作者)qqpublished in(发表于) 2013/11/21 1:32:54 Attorneys say Lee pushed himself dead end， overturn rate is zero
Yesterday at about 9 o'clock in the morning, Lee and four other rape case in Beijing intermediate people's Court of appeals juvenile Chambers without public hearing, 9:50, presiding judge adjourned. Apart from the noon recess for half an hour, the case for 12 hours. Lawyer Zhao Sanping this assessment: the Court carefully. He also believes that Mr Li had treed a dead end, fixing of a zero chance.
Estoppel says on the phone
On August 28 this year, when the trial in the case, Lee had a confession, explained he was drunk to the hotel and went to sleep, and does not know anything. In yesterday's second trial scene, Lee once again, confession, saying at the time he just walked into the room, my mother called. He goes out he picked up the phone, MOM and I talked for more than 10 minutes to go, saw nothing, and did not participate.
According to people familiar with the situation said, Lee still insists the case is at the ne bis in idem and whoring, not rape, and none was involved in, is being set up.
Appeal two of them still insist on not guilty
Court of second instance, the appellant's lawyer Zhang Qi Huai Li, Li Xiaolin still hold on to plea, appellant Li Meng Ge and the appellant agreed with the Defender. Another appellant King's defenders also hold on to plead, Wang said the appellant agreed with the Defender.
Adhere to the other 3 trial accused in Court of the Court of first instance for comments. In addition, Wei (brothers) defense counsel asked the Court to sentence, outside the sentence is suspended, the remaining 2 trial defendant counsel have no objection to the verdict of first instance. Victim Mrs young agent of army lawyers said, endorsing a trial decision, suggested the second trial upheld.
Court dismissed the new evidence such as video
Yesterday afternoon's hearing, part of the defenders submitted new evidence, illegal evidence exclusion applications. Correspondents before the new evidence includes a new video evidence, Lee lawyer in accordance with the testimony of witnesses of the event as a whole, crime scene back again, through their own practice to refute earlier testimony found Lee guilty of. But according to the new evidence, the exclusion of illegal evidence in court applications be rejected.
After the court investigation ended, the appellant, the trial of the accused, the legal representative, defenders, prosecutors, victim's agent around the evidence, the facts of the case, characterization and application of law and other issues were debated and fully expressed their views. Court debates after the end of the appellant, the trial of the accused were final submissions respectively, related to legal representation was supplemented by presentations.
Behind the trial took 12 hours
At midday yesterday, a court official release on Twitter: "the court adjourned at 12:30, and will be today at 1 o'clock in the afternoon hearing. ”
Within half an hour of the noon recess, Defender and Meng Ge did not leave the Court, but by the Organization of the Court, directly within the Court eating lunch, and do the rest.
As of last night, 9:50 P.M., presiding judge adjourned, judgement until further notice. Addition to the noon recess meals for half an hour, Lee case Tribunal of second instance for 12 hours.
Beijing temperatures approaching zero degrees Celsius during the night, there are still a large number of media outside the court reporter braved dunshou.
10:15, and two escort cars of the appellant pulled out slowly from the South Gate of the intermediate people's Court. Subsequently, the Defender, dream, pigeon moved on.
Second-instance trial 12 hour description
Journalists interviewed this morning, Beijing Director of the Paul, Hastings, Janofsky Walker Zhao Sanping, yesterday, he talked about his views of the second instance.
"Ne bis in idem is simpler than first instance is generally a misconception", Zhao said, "ne bis in idem cases, including Lee's replacement lawyer, decide to postpone the hearing of the Court fully reflects the Court a right of juvenile defendants. Rhythm is controlled by the judge of the trial yesterday for 12 hours, this also reflected the full degree of attention given to this case as a whole and cautious, fully protected both sides of the right of defence. ”
Zhao's lawyer dismissed the new evidence in favour of the Court's practices, "Li Jiaxin submitted video evidence in all its aspects, is untenable, the Tribunal dismissed the legitimate, there is no problem," he said.
Lee's confession to the Court, Zhao, in counsel's view, the so-called "confession" before is to overthrow the statement does not say that estoppel is "lying". But Lee's confession is somewhat different, it is interesting, in one instance, he has made a confession, said that before his confession in disguise, 38 hours without sleep. He was drinking, and sleeping, in fact, didn't do anything. Now he's overthrowing of his confessions, changed completely different descriptions of the same fragment, says MOM calls. To be sure in two versions, at least there is an old saying is false. Whether true or false, everyone will have their own judgments.
Zhao Sanping lawyer also believes that a verdict based on law on mitigating the results of qualitative and in cases of the second instance will not be any major changes in terms of sentencing. He said, "Mr Li had treed a dead end, they still require acquittal of second instance, does not intend any compensation, together with new evidence had not been adopted, I personally feel that the chances of a judgment of the second instance is zero. ”
This newspaper cub reporter Yan Qi J195
(Original title: Li II 12 hour what? )
昨天上午9时许，李某某等五人强奸上诉一案在北京市一中院少年庭不公开开庭审理，当晚9时50分，审判长宣布休庭。除中午休庭半小时，该案整整审了12个小时。律师赵三平对此评价：说明法庭的慎重。同时他还认为，李家已将自己逼上绝路，改判几率为零。
李某某翻供称在接电话
今年8月28日，在案件一审开庭时，李某某曾当场翻供，解释自己当时喝醉了，到了宾馆就睡着了，什么都不知道。在昨天的二审现场，李某某再次翻供，称案发时自己刚走进房间，妈妈就来电话了。他出门接了电话，和妈妈聊了十多分钟才回屋，什么也没看见、没有参与。
据知情人士透露，李某某二审时仍坚持称本案是嫖娼，不是强奸，并且自己压根没有参与，是被冤枉的。
上诉两人仍坚持无罪辩护
二审庭上，上诉人李某某的辩护律师张起淮、李肖霖仍坚持做无罪辩护，上诉人李某某和上诉人梦鸽表示同意辩护人意见。另外一名上诉人王某的辩护人也坚持做无罪辩护，上诉人王某表示同意辩护人意见。
其他3名原审被告人均当庭表示坚持一审庭审时的供述意见。除魏某某(兄)的辩护人请求法庭予以改判，宣告缓刑外，其余2名原审被告人的辩护人均对一审判决结果不持异议。被害人杨女士的诉讼代理人田参军律师表示，认可一审判决，建议二审维持原判。
当庭驳回视频等新证据
在昨天下午的庭审中，部分辩护人提出调取新证据、非法证据排除等申请。新证据包括之前记者报道的一份新的视频证据，内容是李某某律师按照整个事件的证人证言，将案发现场重新走了一遍，以通过自己的实践来驳斥此前认定李某某有罪的证言。但法庭当庭依法对新证据、排除非法证据的申请予以驳回。
法庭调查结束后，上诉人、原审被告人、法定代理人、辩护人、检察员、被害人的诉讼代理人围绕证据、案件事实、定性和法律适用等问题进行了辩论，充分发表了意见。法庭辩论结束后，上诉人、原审被告人分别进行了最后陈述，相关法定代理人进行了补充陈述。
庭审进度慢耗时12小时
昨天中午时分，一中院官方微博上发布：“法庭于12时30分宣布休庭，并将于今日下午1时继续开庭审理。”
中午休庭的半小时内，辩护人及梦鸽都没有离开法院，而是由法院组织，直接在法院内吃的盒饭，并做休息。
截至昨晚9时50分，审判长宣布休庭，宣判时间另行公告。除中午休庭用餐半小时外，李某某案二审审了整整12小时。
北京昨夜的气温逼近零摄氏度，法院外依然有大批媒体记者冒着严寒蹲守。
当晚10时15分，押有两名上诉人的押解车从一中院南门缓缓驶出。随后，各方辩护人、梦鸽等相继离开。
二审审12小时说明什么
记者上午采访了北京广衡律师事务所主任赵三平，请他就昨天的二审谈了自己的一些看法。
“二审会比一审简单是大家的一种误解”，赵律师说：“案件二审，包括中间李家更换律师后，法院决定延期审理等等都充分体现了法院对未成年被告人的一种权利保护。庭审的节奏是由法官控制的，昨天审了12个小时，这也体现了整个合议庭对这个案件的重视程度和慎重态度，充分保护双方的辩护权。”
赵律师赞成法院驳回新证据的做法，“李家新提交的视频证据在方方面面来说，都是站不住脚的，所以法庭驳回是合法的，不存在任何问题”，他说。
对于李某某的当庭翻供，赵律师认为，所谓的“翻供”就是推翻之前的供述，并不能说翻供必然就是“说假话”。但李某某的翻供有些不同，有意思的是，他在一审已经进行了翻供，说自己之前受到变相的刑讯逼供，38个小时不让睡觉。其实自己当时喝酒睡着了，什么都没做。现在他又推翻了自己一审的供述，对同一片段的描述换了完全不同的说法，说去接妈妈电话。可以肯定两种说法中，至少有一句说的是假话。孰真孰假，大家都会对此有自己的判断。
赵三平律师同时认为，一审判决是根据法律对李某某从轻处罚的结果，二审在案件定性和量刑方面不会有大的变化。他说：“李家已经将自己逼上了绝路，二审他们仍要求无罪，没有任何赔偿的意愿，再加上新的证据也未被采纳，我个人觉得二审改判的几率为零。”
本报实习记者 严琪 J195
(原标题：李某某案二审12小时说明什么？)
赞