The case of repeated poisoning, although not influenced by public opinion, did affect the process.
“This is the first time since the Supreme People’s Court has claimed the right to review of the death penalty, that the death penalty review judge has met directly with the relatives of the person under review in the criminal court and heard them. I’m sorry.
Such exceptions by the Supreme People ‘ s Court are highly relevant to the high level of public opinion.
In 2013, a Sunday afternoon in March, the Maple Forest campus of the University of Jordan was as calm as usual.
Lin Sen Ho, a graduate student in medical school, was carrying a bright yellow plastic bag that passed through the camera.
Plastic bags contain highly toxic chemicals.
When we returned to the dorm, Lindenho locked the door.
The next day was Fool’s Day, and he was going to “joke” with his roommate, Huang Yu, and he pulled out the chemicals from the bag and put them in a drinking machine shared in the dormitory.
Six months later, Yellow Ocean died in extreme pain.
Soon, the case detonated the network, especially after the death sentence was handed down at first instance. The high level of public opinion has made the case increasingly special.
According to some, the crime of Lindenho was not fatal and the court of first instance sentenced him to death, apparently influenced by public opinion;
It has also been questioned whether the death-exempt letter of a return student would really lead to a second trial.
What about the truth?
In the pursuit of justice, this case became a game between public opinion and justice.
The families of both parties, the defence counsel, the system of prosecutorial law and so on are under great pressure.
After that, a series of actions by them added to the confusion:
During the trial, Mr. Lin retracted his confession, and why did Father ask for a change of counsel?
Will the final verdict be affected by the burgeoning public opinion?
How will the crimes and punishments of Lindenho end?
– Just a joke?
If the tragedy had not occurred, Lindenho, this young man, who is almost a year old, should have graduated from master’s degree and is working in a hospital in Guangdong.
Another leading actor in the story, Huang Yang, is still very well-fated and continues to study as a doctor of medicine at the University of Jordan.
Through campus surveillance, they can be precise enough to be able to turn a turning point in their fate.
Lindenho returned to his dorm with a yellow plastic bag of medical waste.
He’s the only one left in the dormitory. Roommate Goh Joon-ky is from Shanghai, always going home on weekends, and recently he was married.
Another roommate is not back yet.
Lindenho locked the door and pulled a drug bottle and syringe out of the bag.
He stole these from the lab and hid them almost half an afternoon.
Brown bottles containing highly toxic chemicals N-dimethyl nitrate (hereinafter N2).
He looked at the white water machine in the bedroom and thought of how to put N2.
He picks up the water bucket, and it turns out he can’t get out of hand.
In a different way, he put the bucket back, then pushed it out of his left hand, to the side, and then took the medicine bottle in his right hand, so that the oily N2 original flowed to the white groove of the drinking water machine.
He thought there were 2 ml in the syringe, and he injected it together.
He found several drops on the edge of the water machine, and then picked up the farmer’s spring on his desk and went in.
After this was done, Lindenho threw syringes and medicine bottles into two places: one at the stairwell on the west side of the fourth floor of the bedroom and the other at the garbage can by the telephone booth in the second school building.
Back in the dormitory, he fell into memory loss. Huangyang is not back yet.
Slowly, he calmed down.
He turned on the computer and entered “Does it smell?” in the search box? I’m sorry.
On the web site, there are “hepatic damage” “seriously fatal” “two reports of deaths of dimethyl nitrate”.
Why would he go online? Don’t you know how toxic N2 is?
Of course he does.
As early as 2011, he used diluted N2 for experiments on 70 rats and found that N2 caused acute liver damage in rats, of which 10 died of acute liver failure; 58 recovered after about a month; and 2 died on-the-spot as a result of miscalculation.
He has written these data in his papers and published them in important national and international journals.
In addition, in early and late March 2013, in order to complete his master ‘ s thesis, he went online and looked at the taste of N2.
Lindenho is now searching for these just to reassure himself. He only looks at what’s on the Internet for his own benefit.
Three hours later, around 9:40 p.m., Huangyang finally returned to his dorm.
Linden Ho didn’t talk to him. It’s April 1st, Fool’s Day.
According to him, the N2 in the drinking water machine was a holiday joke for Huangyang.
He knows the habit of getting up every morning and having a drink of water. The water machine is right across the bed of Lindsay, and can be seen on the side.
According to him, “I was curious about his response, and I didn’t think about how he did it, and how much he did it. I’m sorry.
Eight o’clock in the morning, the yellow one gets up. He picks up his own white cup to fetch water.
Lindenho lies in bed, pretending to sleep. He heard the yellow ocean stirs with iron, and the ceramic cups make a sound.
He took a sip of water, and suddenly it came out. He started to get sick, coughed hard, and seemed to want to spit something out.
Linden Ho was afraid to move.
After a while, Huangyang took the bucket to the public bathroom and tried to clean it up.
He’s got a lot of movement, and Lindenho heard it.
All of a sudden, Lindenho’s phone was ringing, and he was asked to go to Pudong to get a medical certificate.
He jumped out of bed. As he was afraid to speak to Huangyang, he simply grabbed his cell phone and left the dormitory until Huangyang left.
After the water, Huang Yu went to study at the library. He doesn’t feel well, it starts in about an hour.
He was getting sicker, sick, vomiting and fevering to 39.7°C.
He asked his classmates to accompany him to the hospital for medical treatment and then returned to the dormitory for rest.
In the afternoon on campus, Lindenho met with a fellow student who was sick with Huang. He learned that Huangyang was sick. He was panicking, afraid to face Huangyang and returned to the dormitory and took his computer and left.
Upon his return to the ultrasound room of the Nakayama hospital, he went online and asked N2 about how to detect, poison, etc.
After another day, the yellow ocean has not improved, but has become even worse. His face began to swell and he needed help to go to the bathroom and vomit.
Lin Seng Ho looks at Yellow Ocean and is afraid to tell the truth. All he dares to say to Huangyang in his heart is that if you ask me, if you provoke me, I will confess.
However, the only thought of Yellow Ocean was if it had an acute stomach puncture. By 5:00 p.m., he asked Lindenho to do it.
Lindenho examined his stomach and liver and said, “The stomach should be okay.” I’m sorry.
For some reason, Lindenho added: “The liver is fine.” He felt guilty and started to tear the subject apart.
At that time, no one was aware that that phrase was of some significance.
The symptoms of the Yellow Ocean are becoming increasingly disturbing. He lay in bed in unbearable pain and moaned from time to time.
But Linsenho’s emotions rarely appear directly on his face, and he only spends more time playing games, sleeps later and consults N2 more frequently. There were approximately six such centralized inquiries.
If he sees words that make him uncomfortable, such as “death”, he prefers to ignore them.
He said that he was “self-deception” and that he was going to think over and over again that N2 was oily, buttery, and smelled like ammonia, so the yellow ocean had only a little sip, and everything would be fine.
He also thought that being sick is a process, like those of experimental rats, with a pre-incident, a struggle, and then a live one.
For Lindenho, this idea played a very magical role.
Even though Huangyang’s condition deteriorated rapidly, after only two days, he was placed in a intensive care unit, a thought that helped him to block all the pain he saw: These pains come from the Yellow Ocean and from its father, Wong Guoqiang.
On April 3rd, Huang came to Shanghai. That night, he temporarily went to Huangyang’s dormitory.
Wong asked Linden Ho, how he and Yellow Ocean were connected.
Lindenho said they were close.
As the cause of the disease remained unknown, Huangyang ‘ s attending physician wondered whether it was food or drinking water poisoning.
The doctor asked Huangyang’s seniors to help him with blood samples, urine samples, and water samples from the dormitory, so that he could find the cause.
They were all highly talented students of the medical school, and samples were completed with one-off sterile syringes supplied by doctors, two plastic sterile cans with lids, and without contamination.
After learning to test, Lindenho started to worry.
During that time, while he tried to maintain the illusion of daily life, he lived in fear every day. When the phone rings, he gets scared.
For the first time, the students only collected water samples and the buckets remained in the dormitories.
At around 9 p.m. that night, Lindenho took the bucket and put it in the public bathroom, hoping that N2 would wave some more. He then returned the water bucket to the hostess due to a lack of heart and placed it between the empty buckets.
Students sent the materials to the Centre for Forensic Science and Technology Research. They only performed routine poisons and drug tests, such as insecticides and drug rats.
It’s not very common. Who would have thought of going to test the poison?
What’s wrong with Lindenho? He decided to go to the hospital the next day.
He went with his classmates and did not dare to speak to Huangyang, but only looked at him through the window of the intensive care ward. He thought the yellow expression was natural.
How can Mr. Linden-ho be so calm when he sees the suffering of Yellow Ocean?
As a father, he has almost collapsed. It’s getting worse too fast:
On April 1, 2013, an hour after the poisoning, the yellow ocean became ill and began to fever and vomit.
The following day, the liver was severely impaired and hospitalized.
On the third day, acute liver failure was placed in intensive care.
A lot of catheters are inserted into the body of the Yellow Ocean, gas catheters, urine catheters, etc. His lungs are fibroized and he can’t breathe on his own.
Later, his consciousness became increasingly blurred and pain left him struggling. He shouted, and three health-care workers were unable to control him, and he was confined to his bed with a strap.
At the end of the day, he was swollen and he had a large hemorrhaging under his skin, which was almost invisible.
Doctors, family and friends are in a hurry. What’s the reason for this?
On April 4th, roommate Goh Joon-gi visited Huangyang. He looked at Yellow Ocean’s medical records.
How come there’s acute liver failure?
These words look familiar. Where have you seen them? Gjunji’s mind is spinning the issue.
Over time, the Yellow Ocean has slipped almost irreversibly to the brink of death.
Linden Ho’s scared. When he grew up, he was happy when he worked hard to make his parents happy. But once you tell the truth, your studies will be abandoned.
Late in the night of 8 April, a thought was flashing into the mind of Goh Junji: Lindenho had used a reagent that could cause liver damage to organisms.
He immediately opened the computer, entered the all-embracing database, and after a search, the reagent was found to be N-dimethyl nitrate.
It’s already past 10:00 in the night. Go Jun-gi immediately called Huangyang’s senior. That’s right, Lindsayho’s back in the dorm.
Gjunji hung up on the phone and sent a text to his brother to test N2.
I’m sure the medical school brothers found the N2 ingredients in yellow water cups, water samples from buckets and urine!
Soon, the police intervened. According to online search records, they identified Lindenho as a significant suspect.
By sending this vital text message, Goh Joon-kyu was also the subject of suspicion, but was eventually dismissed.
On 11 April, Lindenho was questioned twice by public security officers, but he kept his mouth shut about the truth.
Only on April 12, after having been brought before a criminal court in accordance with the law, did he make a small confession:
At the beginning, he said it was for the FFL, then for the FFL and N2, and only for the 2 ml in the syringe.
It was about 12 hours before he finally told the truth, and there were 50 milligrams of N2 liquid in the bottle. According to experimental data at the time, this concentration was 20-30 times greater than the human lethal dose.
On April 16th, the Yellow Ocean was saved to death.
Five days later, when counsel told him about the death of Linsen Ho Ho Hoang, he was shocked that for a few seconds his brain had been blank.
He could no longer lie to himself and pretend that Huang would be all right. He could only say again and again to the police, the prosecutor, the defence counsel, the judge, the journalist and himself that he had no motive to kill intentionally, which was a joke on Fool’s Day.
On 27 November 2013, the Second Intermediate People ‘ s Court of Shanghai opened the case.
As a result of a high level of public opinion, the court, through official microblogging, conducted a live broadcast of the proceedings, which was also covered by major media such as Central Television and Shanghai Watch.
People are divided about how the case will be judged.
On 18 February 2014, the Second Intermediate People ‘ s Court of Shanghai sentenced the accused, Lindenho, to death and deprivation of political rights for life, for intentional murder. I’m sorry.
February 18, 2014
Death penalty? The father of Lindenho, Lin esteemed, was also sitting on the floor.
If he gets hit by lightning, it feels like the case is too bad. He didn’t believe he’d die, and his son would kill on purpose.
What was Linden Ho thinking when the hammer fell?
He could only be seen in the face until he disappeared at the entrance to the court without looking back, even his own father. His whole face was frozen on the lake, without any emotional ripples.
“I’m going to appeal!” his father, Lin, cried in front of the judge.
What have been the attempts made by the Lindenho side to have the second trial revised? What will Huangyang’s family do?
In this process, everyone is eager for justice, but the differing understandings of justice have created great divisions. As a result of Linden Ho’s struggle for life and death, more and more people are being caught up in the violence of public opinion.
ii. Under the Riot
After the first instance judgement, Lindenho will be transferred to Shanghai City Detention Centre No. 3, where those sentenced to death beyond the first instance in Shanghai City are held.
On the way to the transfer, “quietly” Lindenho finally responded and was sentenced to death. He’s upset, anxious, his heart’s beating fast. At lunch, he ate only one bag, and suddenly came to his throat, and he threw it up.
The following day, lawyer Don Zhchin came to the prison with the first instance judgement and met with Lindsen Ho. Tang Zhijin tried to communicate with Lindenho, but found it hard.
His words, like his faces, are calm, hard.
Sometimes Don Zhisheng can only talk far away and talk to Lindsay.
When it comes to home, Linden Ho and Huangyang are strikingly similar: fathers are honest, mothers are ill and incapable of working. Both high-class students are advanced, filial, and awarded scholarships are sent home. Huangyang is the only son in the family, while the Linsengho family is five brothers and sisters. They all need money.
During his tenure as second-instance defense for Lindsenho, Tang Zhijin and he met over 20 times, and emotional and trust relations were gradually established between them.
However, as a lawyer, professional ethics requires him not to be emotional, but to strictly comply with the provisions of the Law of the People’s Republic of China on Lawyers, “to defend the lawful rights and interests of suspects and defendants in accordance with the facts and the law”.
There are not many options available to them to defend their legitimate interests.
It is almost impossible to defend his innocence without torture and self-inflicted poisoning.
So, what’s the second trial?
In the alternative, the offence remains unchanged, but the sentence will be immediately imposed from the death penalty to a two-year moratorium;
Alternatively, a change in the characterization of the case is not an intentional homicide, but other offences.
Counsel is of course aware that, in our judicial practice, there are three main criteria for determining whether a death sentence should be applied in cases of intentional homicide caused by civil strife, such as marital and neighbourhood disputes:
First, whether there is a significant fault in the cause of the victim;
Secondly, whether the accused is actively compensated after the case has been opened and whether he repents in good faith;
Thirdly, whether to obtain the understanding of the family of the victim.
In this case, Huangyang was innocent. There has also been no positive act of compensation after the incident. It is therefore imperative that the Lin family find a way to get understanding from Huangyang parents.
But the time for the most timely apology has passed.
Huang Guoqiang said that he had not been contacted by the Lin family since he was killed in Huangyang and sentenced in first instance: “No meeting, no phone call, he sent a text after the trial. He always said his son was joking. I’m sorry.
One wonders why Lin has not thought to apologize for almost a year between the time of the crime and the time of the first trial.
On 27 February 2014, the ninth day after the death sentence was pronounced, Lin said in an interview, “How could it not be without … and would like to hear the opinion of a (first instance) lawyer, but they said that without one or two million, without two hands, what would you do … It was always a word, there was no need to go, and don’t make trouble for them. I’m sorry.
Weird statements began to appear, and people blamed two lawyers at first instance. The lawyers were Zhou Bo Hong and Jiang Zhong, respectively, from the Shanghai City Law Office.
At that time, Zhou Bo Hong was 65 years old, and Jiang Zhong was 57 years old, and they were experienced in their work and used to the bloody violence of the real world, but the power of cyberstorms surprised them by the fact that “the language of online abuse is so ugly.”
This is a complex and inexcusable experience.
In short, the reason for the contradiction between Lin and them lies in the fact that when the father insisted on the defence of innocence, the defence strategy adopted by the two lawyers, based on the facts of the case, was a defence of guilt.
We have a “hot” online friend who gave Lin a message to him saying, “This case has to be a new lawyer for hope, and we’re all in touch.”
Even at the end of 2014, after the second trial, Lin insisted on the lawyer ‘ s arguments to obstruct the apology.
Through the Guangzhou Daily newspaper, this ignominious statement by Lin is being distorted into the words of a fighting lawyer.
But is it true?
There was an interview, maybe something.
Lin told the NPN reporter that he had not apologized in time because he did not believe that his son would kill him and that the matter had been delayed until after the first trial.
The consequence of the delay is that Lin Zhuang has approached Huangyang’s parents three times, without success.
The first time, after the first trial judgement, Lin went to Huangyang’s parents for the first time, none of them had left Shanghai.
It can’t be ugly. Huang Guoqiung didn’t beat anyone, he didn’t scold anyone, he just stood up with his old friends and let them go, or he’d hit 110.
After that, Lin went to Sichuan to pay his own tribute and found his family twice, but they stayed in the country and did not want to meet.
He said, “They came to Sichuan to apologize, and with journalists, they were not sincere. I’m sorry.
The days passed, Lin Zhuang went on his way out, and Lin Zeng Ho was locked up in a detention facility, trying to find the root causes of his crimes by reading books such as The Resurrection Psychological Control.
Source: News 1+1
He struggled to climb out of a desperate abyss of death.
He had regretted that Yellow Ocean was innocent and his own life was a pity.
He wanted to express his guilt to Huang’s parents, so he wrote and apologized.
Those days of writing, reality and the past were intertwined, and he dreamed of Yellow Ocean.
In the dream, two angry youths talk about life together, about ideals. Where is the hatred between him and Huang? He thought he had no hatred with Huangyang. Where is the source?
About a month after the first trial sentence, the letter signed by “The Sinner: Lindenho” was finished. In this letter, he wrote 1,500 words:
“Dear Uncle Wong, Auntie: I’m sorry… But I didn’t mean it. I’m not a cold-faced killer… I can’t forgive you for not having the courage to say it while you’re in the hospital, and even though I didn’t want him to leave, I was a total coward who would just run away and lie to myself. Peace be upon you, and take care of yourselves, and that you may understand my soul. I’m sorry.
Will Huang Yang’s father accept this apology?
“I do not accept his apology. @Hongqiang says:
He felt that the letter was not sincere and that Lindenho had always argued for his crimes and insisted that it was a fool’s day joke.
Even more disturbing is the fact that cyber violence is beginning to affect him.
In particular, after the spring of 2015, he was increasingly verbally abused by people who said that he only wanted Lindenho’s life and even used his photographs to make his face known as “the sick yellow powers”.
Who can tell him not to accept an apology? Especially in that letter, “Yoyang was in the hospital” , which was a painful memory!
During that long period of time, the parents had to watch their healthy sons die in extreme pain!
Every day in that process was their whole life’s nightmare.
How can Wong Guoqiang say forgiveness when he remembers the pain of his son?
How can he say forgiveness when he remembers his wife kneeling on the ground crying for a doctor to save his son?
How can he say he’s forgiven him when he came to the hospital at least three times without any remedy?
On one occasion, Lindenho said that the Yellow Ocean could be a heavy metal poisoning. On another occasion, he took fruit and met Aunt Huang and said that he should consider a liver transplant.
But he didn’t tell the truth in any of the 15 days he was hospitalized in Huangyang.
Even after all that, Huang Guoqiang can’t think of any reason why he should not be sentenced to death.
However, on March 31, 2014, 177 students from the University of Jordan gave their reasons in a plea letter.
This letter, entitled “A letter of request not to impose the death penalty” on Linsingho students, lists four prerequisites for the non-punishment of the death penalty, including Linsingho’s filial duty for Huang.
There are four reasons why the death penalty should not be imposed, such as the fact that 127 countries in the world have abolished the death penalty, that Lindenho is not a consistent villain, and that in the case of the murder of the British in Bogus in 2013, the sentence was suspended.
The letter blew up the network again and pushed the rehabilitation case to the forefront.
The students were also involved in cyber-crash centres.
In fact, most of the students who signed don’t know Linden Ho and Huangyang directly. Their purpose is simple and their signature environment is quite bright, and they are teaching Shilling in finance at the School of Management.
On that occasion, Mr. Don Zhchin, a second-instance lawyer from Linden Ho, came to the podium and began to tell what he saw as Linden Ho.
There were hundreds of classmates in the classroom who saw the lawyer wearing glasses, with a slightly round face, looking like peace.
He was talking about tears falling. Although the suggestion to write a letter of love was not from Tang Zhijin, but from another lawyer whom Lin had consulted before, he was willing to do more for his client.
The class was then adjourned and the students signed before they volunteered. They didn’t want to get away with Linden Ho, much less think that the Internet would be so loud.
In the face of this invisible violence, Wu, who was involved in the drafting of this letter, showed a relatively modest performance.
He said, “I think it is normal for them to do so, and I express my view, and he expresses his view, which is what society normally has, and it is not right for him to call me wrong. I’m sorry.
As a graduate student at the Faculty of Law, he was not familiar with Lindsenho and Huangyang, and he pleaded not for private matters, but simply for lack of approval of the death penalty per se.
This letter was sent directly to the Shanghai City High People ‘ s Court.
In our previous jurisprudence, the judiciary has also interacted with public opinion, such as in the Pharmacist case of 2010, where the Sian City Intermediate People ‘ s Court sent a questionnaire to the audience.
The judge stated that, as the Pharmacist case had received positive public attention, they wanted to hear different opinions in that form.
In this case, would the second instance judge be affected by the plea letter?
Moreover, Tang Zhijin did not only work to find family understanding, but he and another lawyer, Swayjiang, were also looking for loopholes in the case itself.
They will spread their hands at the scene of the second trial, which will trigger a huge wave.
III. REVISION IN THE TRIAL
On 8 December 2014, the second trial was public.
This date was postponed at least eight times. Tang Zhijin felt that this could be understood as the high importance that Shanghai High Court attaches to the case.
At around 9 a.m., Huang Guoqiang came to the Shanghai City High People ‘ s Court.
In front of the court, the journalists swooped in. They asked him if he understood.
Huang Guoqiang said, “I am in deep pain and can never be forgiven. I’m sorry.
There was a commotion in the crowd, and Lin’s glory appeared.
They didn’t communicate.
The court was quickly followed by the silence and absence of any media interviews.
At 10 a.m., the trial began on time. Lin Sen Ho’s father and Huangyang’s parents were sitting in the gallery.
In addition to them, the delegates, invited monitors, media representatives, and university teachers and students from the University of Jorda sit in the gallery, for a total of approximately 50 persons. Moreover, the video of the trial was made available to the entire community simultaneously.
It has been seen that Lindenho has changed his first-instance coat from a black cotton coat.
If this is the first small change in 10 months, then the next change will be a shock to everyone.
The presiding judge allowed Lindenho to present the grounds of appeal.
“I don’t think I had the motive to kill deliberately. I’m sorry.
This view is not new, as Lindenho said at first instance.
He has always believed that there is no hatred or contradiction between himself and the Yellow Ocean.
Even if the police had found that:
In March, just after the poison, Lindenho started buying water alone. Three roommates used to buy buckets of water together and texted him that month and asked him to share the water, as usual. He felt that he did not have enough water to drink on a daily basis, either in a library, in a laboratory or in the section of an internship hospital, and simply withdrew.
Even earlier, at the end of last year, Linden Ho and Huang Yue deleted QQing friends.
But Lindenho always felt that the relationship was not so bad. Sometimes he lays on the top bunk and asks Huang to hold his cell phone for him, who will give it to him even though he will reluctantly say “Don’t support me”.
It is the second ground of appeal that is really provoking public opinion.
“I have made some corrections to the facts of my crimes. I’m sorry.
He confessed!
The content of his “correction” has led to a growing online awareness of the case:
For example, the retraction proved the existence of a confession obtained under torture; the prosecution did not provide a mass map to prove that the poison was N2 because of the potential force behind it; Lindenho stated that he had diluted the venom, and then did not intentionally kill; and the real cause of death in Yellow Ocean was the outbreak of hepatitis B, not poisoning.
In the end, they concluded that Lindenho was innocent and that there were others. It was even said that the killer was the third person in the dormitory.
The whole second trial, from 10 a.m. to 11.30 a.m. that day, in the long 13 hours, the two-track approach to the defense was opposite.
If only half were intercepted and only guided by the defence, it would naturally be possible to draw that conclusion.
But what about the other half? What evidence did the inspector give? What is the truth?
The three trial judges, sitting in the centre of the Tribunal, eventually summarized the focus of the dispute as follows:
First, whether the poison involved is N2 or not;
Second, the true cause of death of the victim;
Thirdly, the subjective intent and characterization of the case of Lindenho.
First of all, is the poison involved, N2?
About 20 witness statements, two test reports from different expert bodies, a video of Lindenho obtaining poisons, and his statement at the trial …
12 different points of reference point to the fact that Lindenho obtained N2 and was put into a drinking water machine.
But why did the victim’s urine be sent to a laboratory where one agency detected N2 and the other did not?
Witnesses explained that the test methods used by the two institutions were different and that the criteria for the determination of concentrations were different, and that discrepancies in the results were normal.
So, did the victim die of the outbreak of hepatitis B?
In April 2014, one of the defenders, lawyer Swayjiang, found Hu Zhiqiang.
Ho Zhiqiang, as a “expert” who read the medical records of Huangyang, found several hepatitis B indicators to be positive, immediately asked for an expert on infectious diseases at PLA 302 hospital.
According to the expert, this could only be the case for the explosive hepatitis B.
Hu Zhiqiang goes on to conclude that the death of Yellow Ocean is more like a “coincidence”: Lin Sen Ho’s commitment to N2 coincided with the outbreak of Hepatitis B in the Yellow Ocean, so when everyone said he had killed, he thought he had killed himself.
“It’s wrong. In court, Chen Guoji stated that he was an expert in the Shanghai City Commission of Judicial Experts on Personal Injury and participated in the second evaluation of the cause of death in the Yellow Ocean, “because the three indicators are positive, it can only be shown that the Yellow Ocean is a state of rehabilitation after the infection of HBV (i.e. hepatitis B). If the Yellow Ocean was in the midst of an outbreak of hepatitis, he would have shown the positive HBV-DNA, which is number one. Second, there’s the core antibody IGM positive. It is precisely these two indicators that are not reflected in this case. I’m sorry.
In short, if there is an outbreak of hepatitis B, there must be a replica of the hepatitis B virus and a replica of the virus, and HBV-DNA positive should have been detected at that time, but the yellow ocean test results were negative.
Another four experts were identified together with Chen Guang.
In order to produce an assessment, they not only examined the written material but also re-sectied the victim ‘ s body and examined his organs.
Their assessment found that the yellow ocean was consistent with N-dimethyl nitrate poisoning, resulting in acute liver failure, followed by multiple organ failure.
As to the issue of mass spectrographs, the Inspector responded that, instead of deliberately failing to provide a mass spectrograph in the present case, the Shanghai City assessment did not. The accreditation procedure is rigorous and legal.
The procurador of the family of Huangyang also stated in his prorogation that there was no legal basis for requiring the prosecution to provide a mass map.
Now, there’s only one last dispute. Did Lindenho kill on purpose? What should he be convicted of? What are the penalties?
Since the beginning of the crime, Lindenho has insisted that he only wanted to make a joke on Fool’s Day and that he had no intention of killing Huangyang.
In the second trial, the two defenders did not accept the crime of “intentional homicide”, but their opinions were not consistent, one considering it to constitute “intentional injury” and the other considering it to constitute “involved death”. How do you understand this contradiction?
It is so confusing, just as Lindsay was confused by his own paradox: on the one hand, he should have been the doctor who saved his life and wounded, and on the other, he poisoned his roommate.
Where is the source of the tragedy? Where is the end of this game of opinion and justice?
Where are the root causes of crime?
On 8 January 2015, the Shanghai City High People ‘ s Court ruled in second instance. In its criminal decision, the court did not ignore the views of either party and responded to the appeals of Lindsenho, as well as to the defence, the prosecution and the legal representatives, with the following emphasis:
1. The defence ‘ s opinion that the substance in question was not sufficient evidence was not substantiated; the defence ‘ s request for access to the mass map of the relevant test report was not supported.
2. It is established that the relevant expert body and the expert are qualified, that its procedures are legal, that the materials on which it is based are objective, that there are no inconsistencies between the methods, the process of examination, the analytical statements and the conclusions of the expert evaluation, and that they are mutually verifiable.
The defence ‘ s opinion that there was insufficient evidence to establish that the victim had died of methylenediamine poisoning and that the relevant evaluation procedure was unlawful was not admissible; an application for re-identification of a cause of death was not granted.
3. The only justification given by Lindsenho for diluting the water in the drinking water machine after poisoning is his own confession, which is not supported by relevant evidence. The reasons given by Lindenho for his failure to kill intentionally, as well as the opinion of his defence that Lindenho constituted the crime of intentional injury and the crime of negligent death, are lacking in fact and legal basis and cannot be established.
Finally, the presiding judge began to announce the results, and Lin stood up with pride.
The presiding judge: “The Court is of the opinion that the appellant, Lindsenho, who deliberately committed the murder with poison in order to excrete his anger, thereby causing the death of a person, is guilty of intentional homicide and is punishable by law. I’m sorry.
Linden Ho didn’t have a big look, and he didn’t seem surprised. As the presiding judge continues to pronounce, his head is getting lower.
Presiding Judge: “Declared as follows: the appeal was dismissed and the sentence upheld. I’m sorry.
The voice fell, Lin’s legs softened and fell back into the chair. And Huangyang’s parents are crying.
Lindenho followed the bailiff quietly and left his sight. He’s still calm, but Don Zhijin knows that it’s all superficial. Fearing death, he returned to the prison and was shaking all over his body.
Subsequently, Lindenho issued a statement in which he stated, on the one hand, that he would hire a lawyer to present the doubts raised at the second hearing during the review phase of the death penalty, while, on the other hand, he said, ” I would like to donate my body to the hospital … I hope this last thing is right. After all, I’m young, and I can give my life to make amends. My life is over, and I hope society finally forgives me. I’m sorry.
The glory of Lin was still unchallenged, and he always felt that his son had done something wrong, but he was not dead.
The online insults against second-instance lawyers are rampant.
It was suggested to Lin that it would not be possible to change lawyers at this time.
The review phase of the death penalty was followed by an exchange of lawyers, as was the case at first instance.
In a public statement, Lin said that the second-instance lawyer “molerated” his son and insisted that there were other forces behind the case.
After that, Lin came to elect a new lawyer as he wished.
According to the new counsel, it was not even possible to prove from the file that Lindenho had committed poisoning. They can plead not guilty.
But Lindsayho was calm. He wrote a letter to his father.
He wrote, “Now that some people think that I should plead my innocence, I do not agree with that. China has a saying: the facts speak for themselves. In the face of the facts, the tongue can only be a mouthful. I have indeed poisoned the Yellow Ocean, and I can only and must also recognize it. I’m sorry.
In order to quell online conspiracy theories and to give Lin father the justice he wanted, in the summer of 2015 the Supreme People ‘ s Court ‘ s judge in charge of reviewing the case met with Lin and listened to him for hours.
The new lawyer was very satisfied, saying: “This was the first time since the Supreme People’s Court had withdrawn the right to review of the death penalty, that the death penalty review judge met directly with the relatives of the person under review and heard the views of the criminal court. I’m sorry.
Such an exception by the Supreme People ‘ s Court may be relevant to the high level of public opinion.
What will happen to the end of this long proceedings?
More than four months later, Lin Zhuang received a telephone call from the court. The results of Lindenho ‘ s review of the death penalty have been issued and he will be executed on 11 December 2015.
The role of the law is to settle disputes, but doubts remain about the Lindenho case.
Public opinion is certainly not a substitute for justice, but the normal expression of the public should be respected. How can there be a virtuous interaction between public opinion oversight and an independent trial?
The Supreme People ‘ s Court is also trying to send the judge in charge of the review of the death penalty in this case to answer questions from journalists and to further explain the truth of the case and the basis for the conviction and sentence.
Perhaps the most difficult for the public to understand is why he is a joke and cannot be sentenced to death without a motive.
“In the words of Lindenho, there is no motive for killing, and this is just a joke. From a professional point of view, however, the conclusion may be the opposite: in the absence of a motive, murder can be carried out with such cruelty that the perpetrator can only be shown to be of such a high degree of subjectivity; to treat murder as a `joke’ or `play’ can only indicate the subjective attitude of the perpetrator to `freedom’ and `disregard for life’. This was explained by Professor of Criminal Law Liu, who was the Dean of the Faculty of Law of the University of East China.
The dust is settled, and public opinion is like the wind.
Lindenho felt that the result meant debt servicing for him.
For his life, he has been able to live with Yellow Ocean, but he is also sorry to Huangyang’s parents. He said: “I hope that tomorrow the parents of Huangyang will be able to put aside their resentment and live healthy and active. I’m sorry.
Photo from Yellow Ocean.
In the prison, as Lindenho kept turning back and digging into the roots of his crime, he remembered the joke that when a man fell asleep, he would wet his bed with hot water.
That was the night before the poison, Lindenho played games in the opposite dormitory with two other classmates.
Huangyang came in, told me about the plan for Fool’s Day. He laughed and shot the shoulder of one of his classmates, a good friend of Linden Ho.
Linden-ho’s not used to it. He thinks you’re gonna have to do it. I’ll do it first. It’s for fairness.
When he went a little deeper, he remembered the time when he was breathing with another classmate, and he spilled it on the yellow ocean.
It’s also very simple to be so angry that my classmates play games and shake their legs and make the sound of sand.
Lindenho lies in bed and can’t sleep. He couldn’t stand it, he said, “Come on, guys. I didn’t know the other one was talking.
That is the kind of anger that accumulates and accumulates in Lindenho’s heart until it explodes.
Why do pranks use N2 to poison, not anything else?
At the end of the day, he finally found “a delicate memory.”
Lindenho remembers: “I’ve heard from another schoolmate before, and there’s someone else who’s been messing around with this poison.” I didn’t find it. I didn’t think about the consequences. I’m sorry.
One day, in the prison, Lindenho was reading newspapers. He suddenly became clear that the place was Qinghua and that the classmate was Zhu Zhu Zhu’s poison.
References:
Criminal Decision of the Second Trial of Intentional Murder by Lindenho, Shanghai City High People ‘ s Court (2014)
Criminal Judgment of the First Instance of Intentional Murder by Lindenho, Second Intermediate People ‘ s Court, Shanghai (2013)
Why did you approve Lindenho’s death sentence? — The presiding judge of the review of the death penalty in the intentional killing of Lindenho responded to a journalist.
“One poison, two tragedies, one think twice!” “News + 1” on Central TV.
“Students in drug poisoning at the University of Jordan Medical School ” , Central Television News Channel ” East Time”
“Linson Ho’s Drug Launch.” Central TV channel, Focus Interview.
“The Queen of Reaphant.” “Psych Interviews” on the social and legal channel of Central Television.
The Book of the Proceedings of the Readan Poisoning, The Case Focus, Shanghai Television News Channel
Shanghai News Channel, The Proceedings Chronicle
“Rebel drug cases”: Verkhovna Rada has approved the death penalty for Lindsenho.
Sinhuanet.
Ho Zhiqiang, ” People with expertise ” : questioning the defects of evidence in the case of repeated poisoning is not related to fees.
Coroner Ho Chiqiang: A possible coincidence in a case of repeated poisoning. The New Express.
Back of the Readan Drug Case, Triple Life Weekly.
Revival for the Discovery of the Indoctrinate: The Lawyer involved teachers to advocate for the participation of students.
“Signatures: Not too serious in the case of Zoltan.
“Linsenho: Sorry in my dreams,” The New Kyoto.
The Second Trial of the Readan Poison Case The Defence claims that the victim died of hepatitis.
“Is there a chance for a judge to make an exception in the Lindsenho case? ” , Searching Fox News Centre — Click on today
” Revoltation of poison: bringing justice to public opinion ” , People ‘ s Court Journal
Other reports, pictures, video materials, etc.: YX115kG8Wz2
I don’t know.
Keep your eyes on the road.
