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The author:(作者)aaapublished in(发表于) 2014/12/10 8:27:48 Fudan University accused of poisoning poisoning case of doubts， lawyers questioned testing
Lin Senhao claimed that the first-instance judgment "for trifles discontent, poison touch Huang Yang" is an error, poison just wanted to make fun of Huang Yang Court was not adjudged
At 10 o'clock yesterday, "Fudan poisoning case" at the Shanghai Municipal higher people's Court of second instance fifth Court tried publicly and continues to 23:33 yesterday.
Lin Senhao is manslaughter? See Huang Yang's condition is getting worse, Lin Senhao why not speak out the truth? What killed Huang Yang?
Yesterday, in a trial which lasted for about 12 hours, "Fudan poisoning case" Lin Senhao of the accused and his defence counsel, prosecutors, Huang Yangfang, agents and other parties have fully expressed their views, inter alia, Huang Yang died in a fierce battle.
Yesterday's trial, Lin Senhao ended in the final statement, Lin Senhao "hope that both families could come out of the shadows, even if upheld also has its reward."
Courts are not pronounced.
"3 tears"
In yesterday's hearing, reporters noted that Lin Senhao 3 times in tears.
Is in session for the first time soon, when defense lawyers asked, have anything to say to Huang Yang's parents? Lin was silent for a moment, the Tribunal as a whole are down. Zhihou, forest is difficult to control their emotions and sobbed saying sorry, and raising his hand to so indicate, asking the Court to give him time to calm nerves. Reporters saw in the process, he beat his forehead with his fist. Such mood swings has been going on for almost 3 minutes to calm down.
After the second afternoon session, courtroom via video, restore Lin Senhao poisoned, then began cross-examination. In the course of cross-examination, counsel Lin Senhao while listening to his statement, he bowed his head and wiped away tears.
Third cry is at 11 o'clock last evening, heard Huang Yang Lin's agent that the "Huang yang family members wanted to maintain the first-instance judgment" when Lin Senhao bowed his head, sobbing in a low voice.
-Morning news reporter intern Donghua Li Ye Songli Wu Linhua Yi Wu Xuan
At 10 o'clock yesterday, "Fudan poisoning case" fifth at the Shanghai Municipal higher people's Court of second instance court public hearing.
Trial started, Lin Senhao told the Court his two grounds of appeal, first he did not murder motive, the second would be to clarify the facts of the case.
On the motive
For fun only wanted to make fun of Huang Yang
In court, Lin Senhao told the advocate, March 30, Huang Yang opposite dorm told an April Fool's day trick, saying a person during sleep time, set my feet in hot water, it will piss their pants. Later in the trial, Lin Senhao said Huang Yang said this on April Fool's day trick, he poisoned the whole reason of Huang Yang.
Lin Senhao said that he and Huang Yang relationship: "I can suddenly patted his back and threatened him with it. "Lin Senhao said that they often joke with each other to play tricks on each other. Just 31st he was going to the laboratory experiments, so Lin Senhao came up with the idea of a whole, but also just "Flash."
Lin Senhao said, affirmation of the judgment on the content, the "critical of Huang Yang Lin Senhao trifles, gradually tapering to a grudge against Huang, and determined to take poison against Huang Yang" of that fact is wrong. In court, Lin Senhao said he and Huang Yang no rancor and hatred, but also better, compared with more than his relationship with another roommate, Gregory a, usually not only love and Huang Yang jokes, they will also go to the gym, poison out of April Fools ' day joke, just wanted to make fun of Huang Yang, did not mean to kill him.
The lawyers asked he be jealous of Huang Yang Lin Senhao? Admire its test blog? Scholarship who took much? Paper who published much?
Lin Senhao said that he had contacts with a Fudan pH, crossed the line and was told that as long as English is not too much of a problem, but due to family reasons such as poor, after finding work he will have given up pass blog. As regards the number of scholarship and the number of papers published, Lin Senhao has won State Award, the paper also published many times both at home and abroad, but he did not know Huang Yang himself.
Details on the modus operandi of
Poison was diluted after washing water machine
Lin Senhao case until the trial was over, were allegedly poisoned during the needle tube of reagent into the water tank, in yesterday's hearing, Lin Senhao was to clarify the facts of this crime.
When Lin Senhao's lawyer asked: "did you put the needle tube of reagent-dimethyl nitrosamine by into the dispenser? ”
Lin Senhao replied: "no", and said he was to pour all the liquid in the tube inside the dispenser, measuring around bottom of the test tube to a tube of about one-fifth. Lin Senhao told his lawyer that he throws the needle on the next to the trash can. Later confirmed that the needle is in the four-floor dormitory West of the stairway next to a garbage bin.
After you clean up the garbage, Lin Senhao returned to the dormitory, started to feel afraid, began after the poisoning of the liquid in the dispenser to dilute. "I open the dispenser the Groove, see the water is more yellow inside, then use your own brush Cup scoop out the water in drinking fountains, down to the third floor toilet, pour tap water into the water from the toilet. "Lin Senhao said that because of dilution when foamed, and pour the liquid is a pungent odor, repeat the process two or three times, so he diluted. Later because the dispenser the Groove edge also has a yellow liquid, then picked up next to an unopened bottle of nongfu spring (500 ml) cleaning grooves.
Regarding the changes for
Change for the parties responsible for
Prosecutors asked Lin Senhao, when what I want? Lin Senhao told the Court, his letter told the Court after the first trial ended in a change for their requirements.
Prosecutors continued to question: why should in the first instance after the decision variable for?
Lin Senhao said, is not to allow yourself to have a good result, the starting point is to put the facts clearly. Lin Senhao said he learned a lot in jail ten months: "I do want to be responsible for all aspects of, the soul of the deceased, to be responsible for myself. ”
But prosecutors believe that Lin Senhao's statements in court the facts changed does not have legitimacy and credibility, Lin Senhao at a number of notes and acknowledged in the trial judgment on the facts as found, and constant for several months. Moreover, the inquiry stage in Court yesterday found that Lin Senhao does not add up.
About poisoning
Poison no doubt, doubt
Yesterday afternoon, Lin Senhao was playing in the first instance, the Tribunal did poison the scene before restoring video.
In the video, the police took out a nongfu spring (ordinary bottled water about 500 ml) bottles and a baby bottle. Lin Senhao confirmed that like him this bottle contain dimethyl nitrosamine bottles. Subsequently, the police while pouring water into small bottles, asking Lin Senhao dimethyl Nitrosamine is there so much? After Lin Senhao twice to correct and confirmed in police poured a bottle of water into a small container with scale, showing approximately 50 ml of liquid. Subsequently, Lin Senhao through several efforts to remove bucket on the water dispenser, indicating barrel resting against the wall, and dimethyl nitrosamine in the Groove of the frame of solution into the water.
The video has finished playing, the judge asked Lin Senhao comments on the evidence?
Lin Senhao said "Yes", and noted that the process is objective, but the truthfulness of experiment is wrong: the drugs had not so much, in the order of about 30 ml, and drinking fountains in the water is more than 1100ml.
However, Lin Senhao of your homicidal behavior without doubts.
On the detection of
Volatile, what testing
Defence counsel, how much of the dimethyl nitrosamine in the bottle cannot be confirmed, and without marks on the bottle, how much Lin Senhao poured into the water, and are only estimates; and, apart from Lin Senhao called 1100ml outside the dilution water, still has water in the barrels. Lawyers also said that the water dispenser has two outlet device, one is cool, volume 1000ml, hot water vessel volume is 600ml, even if Lin Senhao not diluted with water, water 1600ml in water. Moreover, the defence lawyers said that doses should not be put off by poisoning the drinking water machine to calculate the amount of, but should be calculated by how much poison in the water.
Thereafter, defence party lawyer also proposed has more items mass card views, including think forest using of reagents for non-qualification units production, for organic, has volatile sex, and store time more long, its components may has not II methyl Asia nitrate amine; and from poisoning to detection, more than 10 days, this volatile sex material just by cotton in barrels mouth back bent at of sampling, whether can detection have out?
The prosecution responded that dimethyl Nitrosamine is soluble in water or volatile properties associated with concentration, concentration may not detect volatile small, could be detected, showed precisely that the poison is quite large, that so many days could be detected remnants of dimethyl nitrosamine.
In addition, the defense lawyers are also issued by the public security and procuratorial organs have not, including the empty bucket questioned the mass spectrum of residual chemicals: "give a chemical characterization, mass spectra are the most authoritative evidence, no how would mass spectra demonstrate that residues in the barrel is dimethyl nitrosamine"? Defence lawyers said that, based on the characteristics of dimethyl nitrosamine, the highly volatile chemicals in the air, empty buckets placed on the host Lady for several days, would have finished the volatile. How the public security organs to detect residues?
"The trial live"
Lin Senhao:
"If I surrender, all is not"
From poison to ocean water prior to this period, yellow, Lin Senhao has online information on dimethyl nitrosamine. This detail, related electronic data-checking was informed later by police. In court, defense attorneys asked Lin Senhao: "why dimethyl nitrosamine poisoning after query information? ”
Lin replied: "search data is looking for a psychological comfort. ”
Lawyer asks: "you query to its damage to the liver, why don't you stop? ”
Lin said his curiosity overwhelmed thinking: "I was more focused on Huang Yang later attitude. ”
Questioning by the prosecution, as a high-achieving, Fudan University medical school graduate, and there are rats in the experiment died of dimethyl nitrosamine, don't you have thought of Huang Yang poisoned?
Lin Senhao gave the same answer, said he was focused on the reaction of Huang Yang and Huang Yang will die is not foreseen.
Trials revealed that Lin Senhao died on April 21, learned of Huang Yang. He claimed to be, has been that Huang Yang will be fine.
On April 2 last year, Huang Yang told Lin Senhao stomach discomfort, and Lin Senhao helped him do a b-. "I don't see anything unusual. "Lin Senhao said that 11 o'clock that night he received a call from students saying Huang Yang was in hospital," I think he's a bit of fuss! "3rd afternoon, Huang Yang was transferred to the intensive care unit.
During the hearing, counsel asked him if he had gone to see Huang Yang Lin, Lin Senhao was silent for a moment, words choked, said he and his classmates had gone to see him, "I saw him through the glass and saw him smiling, as usual, but I was afraid to talk to him. ”
On the way back to the dorm, and he didn't utter a Word, just tell students, said Huang Yang probably will be fine in two weeks.
Defense lawyers asked Lin Senhao basis for saying this, he called himself a judge by experiments on experimental rat's liver will repair itself after more than 20 days.
Defense lawyers asked: Huang Yang has become increasingly serious, why don't you tell the truth?
Lin Senhao said that there are people who are brave enough to stand up, and I'm the one who will choose to avoid people. Lin Senhao confided that he is an empty man, lacks the human aspects of reading, is the kind of people who have no values.
Prosecutors also believe that, as a medical school graduate student Lin Senhao should know the significance of the patient was transferred to the intensive care unit, why is unwilling to tell the truth?
"The question I've been asking myself. "Lin Senhao said he knew Huang Yang life-threatening, liked hospitals to examine the cause, but for fear of being found out, just try to distancing the relationship.
Prosecutors asked, why not in an anonymous manner to speak out the truth.
Lin Senhao said they don't even have the courage to tell her parents and family.
"Do you ever wonder what if surrender? "The prosecutor asked.
"If I surrender, white read all my books for more than two decades, everything gone. |||| "Lin Senhao said.
"The Tribunal defence"
The defence should be convicted of intentional injury or death caused by negligence crime
8:30 P.M. started last night, entered the courtroom the trial defence links. Counsel for the defence is about three points: first, the death of Huang Yang what is HIV? Second, the test very confusing in this case, Huang Yang was killed in what reason? Third, Lin Senhao is manslaughter? Defense lawyers even said Lin Senhao sentencing should be in 10-15.
Finally, the judge asked Lin Senhao, what do you think intentional homicide for your trial? What crime do you think you are?
Lin Senhao replied, "I don't know, I'm not familiar with law, by my lawyer on my behalf answers."
Judges asked Lin Senhao defenders, what charges do you think is appropriate?
A defence lawyer believes that is the crime of intentional injury and another defence lawyer is considered a crime of negligence causing death.
Prosecutors: one instance inaccurate, wants the Court upheld
Defense lawyers say the prosecution to respond one by one.
First, the lethal poison of Huang Yang is dimethyl nitrosamine? Prosecutors said the testimony of several witnesses were able to support. Actually committing some of the poisons that are discarded and cleaned up, but the cases related to the site, which can be found within the body of Huang Yang dimethyl nitrosamine.
Second, Lin Senhao for response. The prosecution believes that Lin Senhao variable for the purpose is mainly to a reduced sentence. His modus operandi only his person, objective reality and only he knows.
Third, people with expertise in court testimony does not recognize, that smacks of expert evidence out of context.
Finally, on the motives of the crime issue, referred to in the judgment of the first instance of "trivia critical of Huang Yang" and the acts committed, prosecutors believe this finding is accurate. Prosecutors have said in many deliberate killings, are some trivial, leading to serious consequences and therefore not due to intentional homicide of trivia would be wrong. Therefore, the first instance found to be accurate.
On February 18 this year, Fudan poisoning sentence, Lin Senhao for intentionally killing a roommate Huang Yang was sentenced to death and deprivation of political rights for life. Prosecutors said the victim's family repeatedly voiced requirement upheld the appeal, and Lin Senhao did not provide additional evidence in an appeal to clarify, so all hope the Court upheld.
"Huang Yang died of fulminant hepatitis b," said one
Judge did not make a separate decision based on
Yesterday, a seat in front "people expertise" nameplate man Jason Hu appeared in court, and the views expressed during the trial that triggered widespread concern.
2013 onwards 192th implementation of the criminal procedure law stipulates: Court with expertise, relevant provisions of the applicable identification of, "people with expertise," into the criminal procedure.
Jason Hu, Beijing Association of forensic forensic Professional Committee, Chinese forensic forensic Center. He was engaged in forensic medicine for more than 30 years, he worked in public security and procuratorial organs worked as a forensic and bin school case, the death of Huang and other major cases in Hunan province from stocking any identification or proof of experts. Center for forensic science in China at present. As "people with expertise," Hu raised in the trial's conclusion raises and expert witnesses of the prosecution questioning he thought Huang Yang died of fulminant hepatitis b-induced liver necrosis and finally multiple organ failure instead of dimethyl nitrosamine poisoning.
This idea came out, which was an expert witness of the Prosecutor's Office to request a judge Chen Yijiu (sound) and refutation.
An "expert witness", Yi Chen Department of Shanghai Municipal Commission of forensic experts personal injury professionals, participated in the huangyang cadaver detection, and sign the expert conclusion was Huang Yang body one of the 5 professional appraiser appraisal report. Chen Yijiu believes that result by their bodies forensic test results consistent with the Shanghai Municipal Public Security Bureau, (Huang Yang's death) are caused by dimethyl nitrosamine poisoning died of multiple organ injury of liver and kidney failure.
Judges in Court show that, as a "person with expertise", Hu said the content does not belong to the criminal procedure law, expert opinion, should serve as advice to the cross-examination of the expert opinion, cannot stand alone as the basis for decision.
"People with expertise"
Hu accepted the defence ask
Huang Yang died in fulminant hepatitis b
Defenders: can you explain your conclusions and reasons for that?
Hu: I and Zhuang Hongsheng Director method physicians two people on lawyer questions of content proposed has four points views: 1. we analysis think, was review people Huang Yang died Yu outbreak sex b type viral hepatitis; 2. on II methyl Asia nitrate amine of test, we think according to currently of test identification report, finds Huang Yang exists II methyl Asia nitrate amine poisoning and poisoning death lack according to; 3. pathology histological test cannot as causes diagnosis, especially specific of causes and excluded other various causes, is not objective not science of; 4. Shanghai City Public Security Bureau in no proved Qian a copies identification conclusions exists flaws of situation Xia, its commissioned II times identification of program and accepted program are violation has Qualification rules. In our view, Huang Yang died of fulminant hepatitis b-induced liver necrosis and finally multiple organ failure.
Defenders: why is explosive?
Hu: in the case of Huang Yang, and have had several tests. On April 3, 2013, 6th, 8th and 12th do it 4 times for the hepatitis b virus blood test, known as the "two half check." In this report, the 3rd indicator line is positive for the hepatitis b surface antibody, but the other two antibodies were negative. 6-three antibody-positive until the 8th, 12th, three antibodies are positive, other reasons for this likely to lead, the only explanation is that Huang Yang is infected with hepatitis b. This check is against the hepatitis b virus, and poison or other problems are not related. As dimethyl nitrosamine poisoning will not show positive for hepatitis b virus antibodies. Thus, dimethyl nitrosamine and not related to the hepatitis b are two episodic. Huang Yang is a complete series of hepatitis b symptoms, and without dimethyl nitrosamine poisoning.
Hu accepted the prosecution asked
Huang Yang is a very special case
Subsequently, the prosecutors asked that Hu, whether written information in the two autopsy reports and conclusions.
In this regard, Hu said themselves about the autopsy process may not be recognized, but the conclusion does not recognize.
Prosecutors continued to question, Jason Hu, the autopsy process are not fully recognized, but based on this conclusion, whether contradictions?
Hu said he mainly on the laboratory basis. Among them, Huang Yang three indicators were positive, recovery can consider him to be hepatitis. On April 3, 2013 and April 6, report data is different. This means that dynamic change of Huang Yang had, only in fulminant hepatitis b can explain the change.
Prosecutors question, since it is a hepatitis b, why Huang Yang HBV-DNA for testing negative?
Hu said there is not secreted in the blood in some patients, is a false negative variation, variation of surface antigen of the virus, leading to false negatives. Do this test had 2 very strict conditions: first, you must use a disposable test tubes and, second, placed in the laboratory could not be placed for 6 hours. Zhongshan hospital is not specialised liver hospital, testing serum storage time exceeds 6 hours, test results are negative, does not mean he is negative.
"Expert witness"
Expert witnesses for the prosecution to ask
Huang Yang dimethyl nitrosamine poisoning
After Jason Hu to appear in court, is the public prosecutor's Office requested judges Chen Yijiu (sound), and a forensic expert for the Shanghai Municipal Commission of forensic experts personal injury professionals, participate in the huangyang bodies sign detection and identification.
Chen Yijiu said Huang Yang's body identified consensus reports are 5 Professional Appraisers. Forensic body test results consistent with the Shanghai Public Security Bureau. Although the test results of two slightly different wording, but no difference, are all caused by dimethyl nitrosamine poisoning multiple organ injury of liver and kidney failure and death.
Chen Yijiu endorsed Hu's notion that, not only by Huang Yang three indicators were positive, concluded that its death from fulminant hepatitis b virus hepatitis.
He explained that three indicators, there are two possible are vaccinated against hepatitis b vaccine, one is infected with hepatitis b virus in a State of rehabilitation. Identification document has expressly ruled out poisoning hepatic injury other than, including the exclusion of hepatitis a, hepatitis b, hepatitis c, etc.
Is it possible that the treatment of drug-induced liver injury in, Chen Yijiu said Huang Yang emerge from these liver medication before situation come about, after treatment did not improve, which fully justifies the huangyang liver damage is not caused by the medication.
Expert witnesses for the defence ask
Conclusions were written clearly on testimonials
Defenders: forensic Chen's main research interest is?
Chen: research is the identification of causes of death, and qualification is identification of forensic pathology and clinical forensic medicine.
Defenders: ke, did you doctor?
Chen: No.
Defenders: your results how to exclude Huang Yang was acute hepatitis, and on what basis?
Chen: it is based on the consolidated result for all checks. Huang Yang was not seen leaflets around inflammation and incompatible with the general symptoms of acute hepatitis.
Defenders: draw conclusions not acute viral hepatitis other reasons? To test whether other organizations have?
Chen: organizations have not been tested.
Defenders: did that blood and urine tests?
CHAN: no, Huang Yang's time of death was in April, and we check out time was in September, has been unable to test the blood and urine.
Defenders: you have no toxicity test in the testing?
Chen: we had this identification does not have toxicity test conditions.
Defenders: someone mentions in the detection of dimethyl nitrosamine poisoning results will affect your conclusion?
Chen: I have not a single evidence conditions came to the conclusion, I will combine the merits, Huang Yang's autopsy report, there are public order before autopsy report concluded.
Defenders: hepatitis b test results will be negative for He Huangyang Yang?
Chen: this is too complicated, not be detected in clinical situations are too much.
Defenders: said in conclusion, "Huang Yang meet by dimethyl nitrosamine poisoning death Symptoms", is it possible that other chemicals poisoning would have the same symptom?
Chen: we have only one conclusion has been written clearly on testimonials.
(Original title: "Fudan poisoning case" yesterday in the second instance, the defence of "people with expertise," questioned Huang Yang death conclusions)
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