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The author:(作者)aaapublished in(发表于) 2014/12/10 8:27:15 Focus on Fudan poisoning case of second instance and three focus debate
Xinhua News Agency, Shanghai, December 8, Reuters new media topics: Spotlight "Fudan poisoning case" second trial three focus debate
Xinhua News Agency, "China" reporters dressed Wu Zhendong
"I didn't mean to kill anyone's motives, and I would like to clarify the fact that I have been poisoned after the water has been diluted. "Fudan poisoning trial of second instance to Lin Senhao of the defendant's turn to start.
8th, at 10 o'clock in the morning, watched "Fudan poisoning case," public hearing at the Shanghai Municipal higher people's Court of second instance. In February, the Shanghai second intermediate people's Court made a verdict on the case, Lin Senhao of the accused guilty of manslaughter were sentenced to death and deprived of political rights for life.
Lin Senhao of the silent little language in the first instance, in the second trial to replace the defence counsel, trial and more active. The trial lasted one day, the prosecution and Court debates focus around three main issues. 8th at 11 o'clock in the evening press, in hearing the case.
Focus: it is "a joke" or murder?
During the hearing, Lin Senhao insisted he did not murder motives release dimethyl nitrosamine reagents the water cooler is because before April Fool's day, Huang Yang came up with a way to trick in the chat. For peacetime and Huang Yang often joking, so funny thought, but only "Flash".
After the judgment of first instance, Lin Senhao said in the petition, the judgment finds that "defendant Lin Senhao trivia critical of Huang Yang, gradually tapering to a grudge against Huang, and determined to take poison against Huang Yang" errors of fact. He said, are in fact motivated by the April Fool's day Huang Yang poisoned, no killing of Huang Yang intentionally. Lin Senhao clarified that the poison just to see Huang Yang of the attitude, not in order to know what hurt these reagents will cause the huangyang body himself after poisoning a dilution of the liquid in the dispenser.
For the prosecution to question "why do not know Huang Yang admitted taking measures? "Lin Senhao said that was because there was no courage," I was a bit afraid to face, considered too optimistic, after I was sent to a detention center, I always thought of Huang Yang was going out. ”
Reporters in the courtroom, when asked to huangyang parents wanted to say something, Lin Senhao of tilt, bow their heads and cried. "I'm a very ' empty ' man, I don't have any values. "Lin Senhao said.
Huang Yang father of agent is think, Lin Senhao of behavior has deliberately sex, evidence including: March 2013 early and the March late, in Huang Yang proposed April Fool's day trick zhiqian, Lin Senhao not only Internet check has II methyl Asia nitrate amine, also check has "II methyl Asia nitrate amine taste" "II methyl Asia nitrate amine poisoning do" "poisoning how confirmed", should can accordingly judge its subjective mentality, should be clear. Prosecutors also believe that dimethyl Nitrosamine is soluble in water or volatile properties associated with concentration, poison can be implemented in the poisoning was detected after 10 days, because the concentration is relatively large, can also prove that the poison intentionally.
Lin Senhao's lawyer said that Lin Senhao to check into dimethyl nitrosamine behavior suggested that he knows the poison toxicity are not. The defence says, Huang Yang after the venomous, Lin has never disclosed Huang dimethyl nitrosamine poisoning, and that "I can't forgive, but you can understand", as a student, Lin Senhao this behavior "which are consistent with human nature." In this regard, the prosecution responded, the evidence in support of the forest is deliberate.
Focus two: whether the poisoning is "dimethyl nitrosamine"?
Huang Yang poisoned? Exactly what substance poisoned? Become another focus of debate on Fudan poisoning case of second instance. Lin Senhao's lawyer suggested that Lin Senhao toxic dimethyl nitrosamine obtained illegal production, "according to the book's methods and place for so many years, forest uses when it still is dimethyl nitrosamine? ”
Defender, said Lin Senhao used dimethyl nitrosamine poisoning, in 2011 in a rat experiment showed that toxicity is lower than the national standard, calculated in accordance with 1200 ml of water in a bucket when the incident, Huang Yang drink definitely less than a lethal dose. Defender in court repeatedly asked prosecutors to produce a mass spectrum of key evidence, the prosecution has not responded.
"Only qualitative, not quantitative. "Defender detected evidence of dimethyl nitrosamine by many people's hands into the hands of security forces, even medical professionals, but the evidence is hard to ensure purity.
Questioned about this, prosecutors said, three of the mass spectrum is dimethyl nitrosamine than to prove poison. While prosecutors denied deliberately does not provide mass spectra, and believes that the death of Huang Yang had no precise data, because there's no man to do experiments and quantitative testing does not make sense.
Reporters also learnt from the trial, the same urine, both testing agencies of huangyang urine results are not the same: result by Shanghai Municipal Public Security Bureau of forensic Center is Huang Yang dimethyl nitrosamine in the urine, while the Shanghai Research Institute of forensic science and technology do not check out. On this issue, the prosecution witness said, separate from the detection method used by the two agencies, so discrepancies in test results are normal.
Focus three: Huang Yang died of poisoning is hepatitis?
In the second phase III trial cross-examination, Lin Senhao Defender questioned "whether there are other causes of death of Huang Yang? ", And" people with expertise, "forensic Hu to attend. Defenders say Hu engaged in forensic work for more than 30 years, had worked for the police and public prosecution system for many years, and in "probe into death of Hunan, Huang Jing," "probe into death of Heilongjiang" "probe into death of Jilin, Zhang Qing," "Beijing Chang Linfeng uxoricide pyre" experts on such major cases as national identification or proof.
Shanghai personal injury Committee of forensic experts as an Appraiser, said Huang Yang causes of death identified as: consistent with acute liver necrosis caused by dimethyl nitrosamine poisoning caused multiple organ failure secondary to acute liver failure.
Hu suggested in court, Huang Yang cause of death is fulminant viral hepatitis b-induced acute hepatic necrosis, died of multiple organ failure. Secondly, under the current inspection report identified huangyang lethal lack of basis, by pathological inspection, determine the nature of death was poisoning and are particular dimethyl nitrosamine poisoning is "unobjective and unscientific".
Hu explained road, in was review people Huang Yang of whole course in the, has had 4 times for hepatitis b serum learn logo real of test: April 3, 2013 at 9 o'clock in the morning only hepatitis b virus surface antibody is positive; to has April 6, hepatitis b virus surface antibody increased to >1000, hepatitis b virus e antibody and hepatitis b virus core antibody are becomes positive; April 8, and April 13 hepatitis b virus surface antibody, and e antibody and core antibody still for positive. "" Serological markers of hepatitis b test is a specific test for hepatitis b, and other causes (such as poisoning, etc) without any contact. In other words, if is a dimethyl nitrosamine poisoning, Huang Yang showed hepatitis b antibody-positive behavior does not occur. "Hu said.
Conclusions related to Hu, the prosecution forensic inspection reports issued by Hu's professional qualifications, references the relevant articles, animal and human, such as whether there is a difference between, raises questions.
Prosecutors believed that Hu's conclusion was based primarily on instruments, reporting and so on, was not involved in the autopsy. "Can you think you're original autopsy procedure of evidence are recognized, but does not endorse its conclusions? "" If you even the autopsy evidence is not recognized, you issued according to its conclusions, don't you think it is a contradiction for you? ”
Judges in Court show that Jason Hu said the content does not belong to the People's Republic of China criminal law expert opinions, as views on the cross-examination of the expert opinion, cannot stand alone as the basis for decision. (End)
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