Chapter 418: The Way of Righteousness (Part 2)(1/2)
Cao Yun nodded to Ouyang Yiqing, reached out to pull the microphone in front of him, looked at Jiuwei, and asked: "Prosecution, I will ask a question first. Do you think the police will explain the legal relationship between the underground for the second time? Did you explain it clearly? Is it true that the ore death without subjective negligence is an accident, and there is no need to bear legal liability for the underground for the underground?"
Jiu Tai looked around for a while: "No."
Cao Yun said: "The confession is clearly written. The police said the legal relationship: the electric cat was arranged by you. If the person was electrocuted, you were suspected of intentional murder. The underground said: You are talking nonsense. The police replied: I am recording videos here and sending the court videos. I never said it randomly, nor dared to say it randomly. Then it disappeared. In other words, the police did not explain the legal relationship clearly at all, but instead used intimidation to intimidate an old man."
Kyuyo replied: "The police have no obligation to answer legal questions. Police interrogation can take any means permitted by law."
I'm not trying to convince you, I just told the jury. Cao Yun continued: "The prosecution said that the underground and his wife went to their wife's house every year, so the underground must know that electric cats will kill people. This sentence itself is wrong and has a huge misleading. I have been in Dongtang for so long, but I still don't know what customs there are in Dongtang. I know that Dongtang has different customs from Gao Yan, but I am not interested, and I don't want to ask. For a married man, especially middle-aged and elderly people, there is no curiosity about the world."
Cao Yun said: "The season for electric rats is in autumn, not summer, and not summer vacation. Since the prosecution said that the underground must know the power of electric cats, please provide evidence. The prosecution can summon witnesses to prove that the underground must know."
Kyuotou said: "The defense is quibbling. Even if the underground is not clear, is the underground wife still unclear? Do you think the underground wife has never reminded the underground woman?"
Cao Yun replied: "I just asked the witness, and the witness said that he did not remind the witness. The matter came back to the witness. I don't know if the witness was suspected of intentional homicide. I can be sure from the witness's testimony: there is no intentional homicide in the underground."
Jiuwei did not give in: "Judge, I ask to question the witness."
Sonny nodded: "Yes." After the trial of this case was launched, Sonny was very serious. Because this case is different from the first four cases, it is a very serious case. Both the prosecution and the defense have a reason, which may affect a life in the real world.
Linghu Tianer began to ask witnesses, which was her field of expertise and the skills she learned from Linghu Lan. However, after asking a few questions, the witness was exposed.
Linghu Tianer: "I'll give you a minute to think about what Lawyer Ouyang said today for half an hour of talks with you."
Cao Yun brought the witness to court from the beginning, and did not send the witness back after asking questions, just so that the witness could fully understand the situation of the trial and thus infer what he could say and what he could not say. Cao Yun's strategy was correct, but Cao Yun overestimated the ability of his wife from the underground. The witness's wife couldn't make up for anything he said for half an hour.
The Witnesses of Linghu Tianer were unable to answer and asked: "Did Lawyer Ouyang ask you to take the blame?"
The witness replied: "No."
Linghu Tianer: "It seems that Lawyer Ouyang didn't explain to you what accomplice is."
Witness: "Sayed."
Linghu Tianer: "Oh? I said? What did you say?"
witness:"……"
Cao Yun: "Oppose, what the lawyer or witness says has nothing to do with the case." Generally, Cao Yun would shout opposition because there was a problem.
Linghu Tianer replied: "I suspect that the defense lawyer created the testimony, so I want to verify this through the witness."
Sonny: "The objection is invalid, and the prosecution can continue to ask questions."
Linghu Tianer: "It's not easy to memorize lines at such an old age, right?"
witness:"……"
Linghu Tianer: "Why do you need to buy electric cats underground and through your children?"
The witness thought for a while, and Linghu Tianer continued, "I can ask your child this question."
The witness replied: "When they were in college, they found that someone was selling electric cats online, and they did a good job. My mother and my brother were waiting for me, so I asked my children to buy some for them one after another and helped the neighbors buy some for them."
Linghu Tianer smiled: "The child is very enthusiastic."
The witness nodded: "Yes, he is also very filial."
Linghu Tianer: "How do children know about electric cats?"
Witness: "They like electric mice the most in our parents' home."
Cao Yun and Ouyang Yi smiled bitterly.
Linghu Tianer had a accusing tone: "Electric rats are very dangerous. Are you parents too irresponsible?"
Witness: "No. Every time we watch, we must tell them not to get close to the electric cat..."
Linghu Tianer: "We are you and your husband, are we?"
The witness finally didn't answer again.
Ouyang Yi supported his chin with one hand and looked confused. This was Linghu Lan's routine. First ask some questions that were difficult to answer, but thought about the questions that he felt he had no questions to answer. Then he led the topic to let the witness feel relaxed and beat him back. The questions asked by Linghu Tianer were not good, but the witness performed even worse.
There is no way, the lawyer can teach you what to say and what not to say, but the lawyer can't let you recite the answers to all questions.
Linghu Tianer: "I've finished asking, thank you."
After a little silence, Cao Yun asked: "After the death of the ore, that is, after the prosecutor, you arrived at Daewoo Island, you did not let the local police station director participate in the case investigation. What kind of consideration is this?"
Jiuwei was stunned. What's the question? Answer: "There are almost no criminal cases on Daye Island, and I think the police station should have no experience."
Cao Yun asked: "Do you know that the police station director was once the main agent of the search class?"
Kyushou: "So what if you know?"
Cao Yun asked again: "Why don't the main agents in the search class assist in handling the case? Is it because he opposes your interrogation methods?"
Kyuuba replied: "Of course not, he doesn't need to be because he was an agent exiled by the search class, and an agent with a problem."
Cao Yun asked: "Do you know what's wrong?"
Jiuwei shook his head: "I don't know, I don't want to know either."
Cao Yun said: "Yes, this is the attitude. Just know the result. The process is not important to you. The director is my friend, and I went to Dayu Island because of him. Everyone in the industry knows that his exile was definitely not because of negative things." Cao Yun looked at Li Long.
Li Long nodded with approval.
Cao Yun said: "It's the same with the case of underground. You want a murder result. When the confession does not meet the result of the murder, you continue to interrogate. I boldly assume that if the underground still does not admit that he had arranged an electric cat on the third day, I thought that it would die, then how many days would you plan to interrogate?"
Kyuuba replied: "It depends on the situation. I will not wrong anyone."
Cao Yun: "Scene? According to the town police's instructions, you have approved the decision to extend the detention, and are dissatisfied with the interrogation two days ago, so you asked the town police to increase the interrogation efforts. The town police asked what the interrogation efforts are. You asked, are you not responsible? The town police think that the result you want is to kill people underground. You do not accept the result of no murder in the underground."
Jiuwei frowned: "I didn't see this confession information."
Cao Yun said: "This is a passage that Sima Luo asked using the identity of a prosecutor. He originally planned to use it during the third trial, but they felt that they were too cruel to you. Besides, they were worried that the police officer would encounter some trouble, so they did not provide this evidence."
Kyuou said: "I did say that, but I didn't mean it. Judging from the confession, I think the inward is vague and the several testimonies are not consistent. Especially the subjective ideas are inconsistent. My request is for the police to interrogate and establish a credible testimony. This should be my fault, and I didn't make it clear."
Sonny suddenly spoke: "Don't be entangled in some issues. The focus of this case is whether there is a subjective idea of killing people underground." As a judge, Sonny felt a sense of sacredness and responsibility for the first time.
Cao Yun said: "We cannot prove the idea of the underground. We can only use the clues and evidence from our investigation to convince the jury to accept our views. I want to emphasize one thing here, the spirit of the law is that there is no guilt."
This is a basic card and also Cao Yun's ace. The idea of whether there is a killing ore underground is a subjective idea, and it is difficult to prove whether there is or not. Cao Yun first confused the role of ten confessions and questioned the tenth conclusion confession. After obtaining a certain basis for questioning, he can throw out the trump card of suspicion of guilt.
It's a headache for this basic card Nine-Tails. The reason why Cao Yun can turn the basic card into ace is that the police interrogated a lot, and the confessions obtained from the interrogation are inconsistent. The inconsistency is not that the answers to the same question are different, but that some related questions are inconsistent. For example, ask: Why don't you tell the islanders about installing the electric cat? Answer: Forgot. The second interrogation question: Do you know that the electric cat will hurt people? Answer: Know, I think they know too. There is a contradiction in these two answers. I know that the electric cat is harmful to people but forget to remind the islanders. Did you forget it or did you deliberately not say it?
Jiuwei needed the exact answer. During the third interrogation, I asked this question directly. Inoue actually gave the third answer: What am I doing at my own home, why should I tell them?
After the evidence of the confession was slowly loosened by the two defense lawyers, Jiuwei must provide iron evidence, otherwise the guilt will never be found.
Jiu Tai raised his hand: "I want to ask the witness a few more questions."
Sonny: "Yes."
Jiuwei walked to the witness stand: "Witness, did you install the electric cat, or did your husband install it underground?"
The witness replied: "My husband."
Jiuwei: "You said your husband doesn't know anything about electric cats, so is the installation process complicated?"
The witness replied: "There is a manual, and the product comes with a manual."
Kyuyo: "Your husband has the instruction manual?"
The witness nodded: "That's right."
Jiuwei took out his mobile phone and held it in his hand and faced the jury: "After the third trial, I had doubts about the result. So with the help of the police, I contacted a small workshop that made electric cats. From a legal perspective, producing and selling electric cats is an illegal act. However, this small workshop is still quite conscientious. Their products are accompanied by a manual, a very detailed manual. The first page of the article states that this product may cause death in humans and animals during use. Please strictly follow the instructions for installation and use."
Jiuwei inserted his phone into the interface and opened the picture. It was a picture of the manual taken by Jiuwei. Could this be perjury? Maybe it may not be the manual of this product. It is definitely not. The prosecutor would never make such a big mistake. The error is not made knowingly, but because this error is easy to investigate clearly.
Kyuotou said: "Everyone, the facts are very clear now. The defense has always said that the underground is not clear about the power of the electric cat. In fact, the instructions are explained very clearly, and they use the warning words to explain on the first page. The witness proved that the underground is clearly informed that the underground is a tool that may cause death. It is not as the defense said that the underground knows nothing about the electric cat."
Everyone looked at the defense seat. Ouyang Yi and Cao Yun looked at each other and sighed. It was a big bad thing for the defense to fail to take the prosecution in the third trial. Not only did Jiuwei be well prepared for the issue of the trial, but he even allowed Jiuwei to gain additional clues and evidence. Jiuwei, who is skilled in a case, has extremely abundant energy and time for the case he is responsible for. Once this evidence is released, the defense has a lot of danger, and Cao Yun's ace has become a basic card because of the emergence of iron evidence.
Cao Yun: "As the prosecution put forward new evidence that it did not present, the defense requested an adjournment to verify the authenticity of the evidence." This is a reasonable request.
Sonny asked: "Is a day enough?"
Cao Yun: "Enough."
Sonny: "Okay, the trial will end here today, and the second trial of this case will continue to be held at 8 pm tomorrow."
...
The breeze and bright moon, and drink tea under the bamboo shadows.
Ouyang Yi raised his glass: "The nine-tail position battle is too strong, and his psychological quality is also good. Logically, she has been defeated by Cao Yun many times, and with my name, she should be a little afraid. I didn't expect that she is so strong inside."
Cao Yun: "Ouyang, I am still a layman in criminal defense, and I usually rely on three tricks to cheat some money. You..."
Ouyang Yi said: "Lazy is human nature, and we are used to taking shortcuts. After all, time is money. The faster the case of others and your own time, the better. The reason why today's defense failed is because our core concept is wrong."
Cao Yun: "Today our core concept is to confuse the confession of his wife from the underground, and he will never be sued for being guilty."
Ouyang Yi shook his head: "No, no. Today, our core concept is to take shortcuts and drill for loopholes. But the other party is very strong, and the battlefield is small and the limitations are large, so it is difficult to exert our strength. Since this is the case, we must correct our core concept."
Cao Yun asked for advice: "Fox?"
Ouyang Yi: "Don't forget your original intention."
Cao Yun: "..." You, what qualifications do you have to say this word?
Ouyang Yi said: "When I first became a lawyer, I hoped to win the lawsuit with a righteous and upright law. Later, I gradually began to exploit legal loopholes. After all, facing the defense lawyer, the prosecution seemed even more weak. To win this case, we must return to our original intentions and arrange regular soldiers to fight without any strange plans."
To be continued...