3 years ago, dong Guoming of 68 years old walks out of a jail, he already took a set term of imprisonment, still have along with what he is released from prison together buckle what go up in his head " rapist " cap, this stain can not end because of term of imprisonment and disappear, he is Mr. Dong of that respect getting a person in the village no longer. The Dong Guoming after be released from prison walked up to be the road of own redress an injustice, got back innocence to become the target with his only the remainder of one's life.
8 years ago, dong Guoming was accused to rape an A Lan of 17 years old of girls, but can prove without any direct material evidence Dong Guoming raped A Lan, can lock up those who decide Dong Guoming to have A Lan only point to admit, however, a Lan Jingjian is mental development arrearage to accompany hair spirit obstacle surely, this has the testimony of the victim of witness qualification far from, became the evidence with this rape the most important case.
Always think hold up has the old person of jacket
On Feburary 21, 2017, beijing is become greatly (Hefei) a dressed in rage old person came in attorney office, the old person fell on his knees into the door, crying to say he has wrongful treatment, contacted Wang Jinsheng of head of place criminal department's lawyer to recieve rapidly downstage, sit in the office, the old person told about his experience to king lawyer.
The old person says, he calls Dong Guoming, dong Zhuang of village of barren of king of introduced from the northern and western nationalities or from abroad market town of county of laborious of benefit of city of state of Bo of the Anhui province's person, ever was a teacher that has an authorized strength, was sentenced because of forcible rape first instance 2012 set term of imprisonment 5 years, 2 careful maintain original judgement. After be released from prison, he wants to get back justice for oneself, but do not know to should appeal who, it is at the door procuratorate of the Anhui province, somebody lets him come to the Beijing around be become greatly (Hefei) attorney office asks, then he just finds here.
Meet for the first time, king lawyer and Dong Guoming talked about 3 many hours, in have not read the circumstance that coil to fall, the details of a case that king lawyer discusses to Dong Guoming is maintaining rational suspicion all the time, but act of Dong Guoming makes him impressive, "He comes up be about the jacket since hold up looks to me, I still do not understand at that time is how to return a responsibility, read an ability to understand later, because be mentioned to rape her person wind to have black mole by the little girl of the rape, jacket of Dong Guoming hold up wants to tell us namely, there is mole before his bosom, he also thinks hold up jacket on the court from card innocence, but the judge did not allow all the time. " king lawyer says.
Meet for the first time, the impression that Dong Guoming gives Wang Lv division is to resemble a beggar, "Wearing very dirty cotton-padded jacket, walk adverse all alone, lean on a stick is worn a rod, there is a package on the shoulder, there is one pocket medicine in the hand, he has done lung cancer to excise an operation, got cerebral stalk again, enunciation is not clear also, must take medicine everyday. " Dong Guoming tells Wang Lv division, he arrives from the home Hefei is to wanting to eat all the way, the job was lost, see a doctor cost is big, his time is very hard.
King lawyer ate some of heart of compassion to Dong Guoming, he promises to help Dong Guoming see his long table, in what review this record after all coiling, he decides free helps Dong Guoming appeal, "Question of this law case is very big, calculate in the law case that has encountered in me more bizarre, from the point of evidence, dong Guoming is injustice likely very. Dong Guoming is injustice likely very..
The victim tells about case hair process
Home Dong Guoming and A Lan Jiazhan are close, a Lan's grandfather is the introducer of Dong Guoming's husband and wife, grandfather home of A Lan is apart from Home Dong Guoming only 229 meters, home A Lan and adjacent of photograph of home of Dong Guoming's son, common frontispiece. Come for years two relationships are good all the time, before case hair a few years, grandfather home of A Lan built bridal chamber to hold the ground of Home Dong Guoming, two have some of contradiction between the home, but also do not talk to go up have what deep hatred.
Say to police place according to A Lan, at the beginning of November 2011, she is big dad (point to Dong Guoming) say with her then in wing-room window, the following day much at 6 o'clock in the evening, he should go to her home, she asks big daddy has what thing, big daddy says to want to produce an impact with her. The following day in the evening, dong Guoming turned over a window to enter more at 6 o'clock in evening as expected, the bedroom of the bedroom in her, bedroom of her mother and her elder brother produced an impact 3 times with her early or late, when producing an impact the 3rd times among them, she was held in the arms by Dong Guoming first the bedroom of the elder brother that is located in 2 buildings, still saw maize kinescope before producing an impact. Dong Guoming is waited for turn the day shines quickly to just go day in the morning, minatory she must not tell the parent these things, otherwise with respect to strangle she.
A Lan's aunt tells police, she is after the accident 10 come niece is heard to say big daddy saw maize disc to her when the day returns a married woman's parents' home, she asks whether A Lan was raped, a Lan Ting does not know a rape this word, she changed more informal word inquiry, alanken replies surely is Dong Guoming raped her.
Grandfather grandma of A Lan tells police, after be informed A Lan to be raped, a Lan's aunt calls to the father of the A Lan of outer at that time ground signal a case, this connects a phone to be heard by Dong Guoming, then he comes actively, kneel down not only, him fan a slap on the face apologizes, fulfiling one's promise meaning takes out 20 thousand yuan to do compensation, hope A Lan Yijia does not go out its make public. A Lan Yijia does not agree only with this matter of 20 thousand yuan of finish, there are the villager that be the same as a village and village cadre to appear personally again after the help talks things over twice, all not negotiate, then choose of person selected of Home A Lan calls the police.
Of another version tell about: The scapegoat of block family scandal?
The case that with A Lan the family tells about sends process photograph to compare, what Dong Guoming tells about to the reporter is another completely different version. Classics examination, a Lan's Hymen has dated sex to be torn off really. Dong Guoming says, he is the scapegoat that made family scandal of Home A Lan actually.
Dong Guoming says, he can go to Home A Lan, because A Lan's elder brother just married,be, bought one magnify bed newly, dong Guoming's daughter also wants to buy magnify bed, let Dong Guoming estimate the size that estimates bed of marriage of A Lan's elder brother. Dong Guoming recollects him is Home A Lan that reached more at 9 o'clock in the morning, he asks A Lan: "Where is your Mom? " A Lan answers: "Went out. " he asks again: "Which does the bed of your elder brother put? " A Lan answers: "Upstair. " Dong Guoming goes upstairs quantity bed, just measured length, had not measured width, a Lan followed to come up. "She bends over to go up in the bed, say to want to produce an impact with me to me with local dialect. " Dong Guoming says, he thinks former word of A Lan learn, foul smell of the be ashamed after trying hard a few times must hit his mouth continuously with the hand, express him or say to be not exported.
Hear A Lan's word, dong Guoming thinks him ear gave trouble, saying what does he ask A Lan again, a Lan repeated the demand again, say to still covering face made bashful expression, this Dong Guoming decides he does not have mishear. Next, a Lan was spoken more if letting Dong Guoming astonish, a Lan mentioned the male elder member of family with oneself very close relationship, like saying Dong Guoming conversation and that elder member of family, still say that elder earned her 30 money, she still did not look for him to want. Dong Guoming did not ask again " 30 money " it is what meaning, left Home A Lan quickly.
After ten days, dong Guoming still cannot drop the matter that day, he feels two touch a dot to kiss, produce such job he ought not to sit by and watch no matter, should yield family know the inside story of A Lan, the canal is in charge of her, then he comes to Home A Lan again, a Lan Fu's mother is not in the home that day, grandfather grandma of A Lan is in the home, "I say to her grandfather grandma, a Lan did not know to produce an impact for many times with who, like drug taking addiction, still ask to produce an impact with me, you call up her to asked to know. After A Lan is called up, I let her grandma ask her who earned her 30 money are done not have, a Lan said the name of that elder again, I let her grandma ask she did what to make 30 money again, she was not told, disrelish bad, her grandma began to cry at this moment, cry to cry at the same time at the same time ' my woman ah, my Mom, her pa Mom came back to get her strangle ' , at that time as a result her grandfather says suddenly ' others raped others to did not tell you to tell, it is you were raped push people head to go up ' . It is you were raped push people head to go up ' ..
Dong Guoming says, his absolutely did not think of grandpa A Lan is met so say, the mouth that hits oneself at the same time on the spot says at the same time " I am sorry " , leave after that. "Because I feel,I apologize is ought not to come out family scandal raise of the family, I also ought not to say A Lan resembles drug taking addiction same. " Dong Guoming says.
Do not give to a minute from 20 thousand compounding
Dong Guoming admits he ever promised A Lan 20 thousand yuan of compounding, but he does not put forward he shows this plan. "Person of Home A Lan held others in the palm to look for me, the someone says two people do this thing two people know, I am the mouth says all over not clear, I am taken out 20 thousand, he can help me had handled this issue. I the condition still goes at that time, pension of a month more than 2000, take the 20 thousand issue that do not have what, I also am afraid that to me shout goes out to say not clear, agreed so. " Dong Guoming says.
Home Dan Alan did not agree with this price, they ask Dong Guoming is compensated for 150 thousand, "Their family says, the sofa in the home, the furniture such as 3 pieces of chair, beds botch, should change new, bagman looks for me again, say to want 150 thousand, still say evidence of A Lan Jiayou, say to have the toilet paper that after producing an impact, wipes, still say the girl was pregnant, I listen feel this is meddlesome, evidence can prove my innocence, I with respect to come round, the decision does not give money. Turn day mayor will look for me, say not to give 9559, give 559 also go, I say you do not understand mayor, never mention it 559, 56 I also do not give, have evidence I won't give money, say me to did not smoke even cigarette to him let him go. " Dong Guoming says.
The reporter contacted the villager Dong Mou that mediates as bagman in those days, dong Mou confirms, he is those who get person of Home A Lan hold those who look for Dong Guoming to talk in the palm, person of Home A Lan has put forward to want the requirement of ten really.
One, 2 careful judgment all account, dong Mou attestation mentions Dong Guoming after the event to also had looked for him, say " the good work that he says to think A Lan but did not prevail, be willing to take out 20 thousand yuan of mediation " , but when accepting a reporter to interview, dong Mou expresses, dong Guoming had not looked for him actively, also had not said those words.
Profess to be cheated to offer by gumshoe nearly try hard to search innocence living
Dong Guoming is recollected, mayor looks for him not to have fruit hind 3 days, he was receiving the telephone call of the wife when the hospital, the wife informs he goes police station, arrived police station he was taken car, the car opens line of gumshoe of benefit laborious county all the way. "After going, the police asks me, dong Guoming, you know not to know you come for what, I say I know, home A Lan their home thinks extortionate I, the police asks me you to He Alan produced an impact a few times, I say to did not happen, the police says to there is the material evidence of bumf now, wait for appraisal result to come out I see you how chicanery, if appraisal comes out,I say is me, shoot me immediately. Inside I every time so reply, wanting appraisal to come out only is me, shoot me instantly! " here, dong Guoming rage rises.
Dong Guoming tells a reporter, he returns within an inch of to be cheated to offer when gumshoe team, "The police when me draws out careful 20 thousand yuan of money, say those who give him to this is my people, let him help me mediate, the police asks me, not be I what you work take what mediation, I say you throw money in channel me without giving thought to! The police is enraged so that say, throw I treat you in channel destroy RMB blame! Throw I treat you in channel destroy RMB blame!!
For these 20 thousand money, in Dong Guoming heart all the time at odds, feel the family member is to be more of a hindrance than a help, the ability after be released from prison till him knows, the family member had not sent 20 thousand money to the police at all, also did not entrust a police to helping mediation.
On July 17, 2012, dong Guoming is sentenced with forcible rape by court of people of benefit laborious county set term of imprisonment 5 years, reject A Lan to ask Dong Guoming compensates for mental loss to expend 100 thousand yuan accessary and civil suit to request, dong Guoming refuses to obey court decision, mention appeal. On October 8, 2012, court of intermediate people of Bo state city with the fact not clear, heavy careful is sent for evidential inadequacy. On January 17, 2013, court of people of benefit laborious county sentences Dong Guoming set term of imprisonment 5 years with forcible rape again. Dong Guoming mentions again appeal, on May 6, 2013, make known to lower levels of court of intermediate people of Bo state city rules, original judgement holds a fact clear, evidence really, sufficient, conviction accurate, measurement of penalty is proper, rule the process is legal, reason rejects appeal, maintain original judgement.
When Dong Guoming is arrested, art hind changes cure period to still do not have an end, in the detention house, he ever was worn to go to a hospital undertaking changing cure by constabulary detain, after entering a prison before long, he breaks out cerebral stalk again, fell the defect with a twist in one's tongue, not agile limbs, each days are hard to him, but he from beginning to end gnash one's teeth holds to, "Awake in jail everyday I think, I am very lucky, I had not died, I think all the time, I am gotten living go out, living go out to just can look for an innocence for oneself. Living go out to just can look for an innocence for oneself..
Be examined to report by hidden " not check sees spot of person essence of life "
Raping the evidence with the most important case should be spot of essence of life, and should be the extraction in the body from the victim, this case did not extract seminal fluid from the victim's body, but according to A Lan tell about, police found posse toilet paper below bed of Home A Lan really, a Lan says, bumf is Dong Guoming after raping her, wipe use, police undertook examining to bumf, but examine actually result beyond everybody expect, examine conclusion is " on the toilet paper that collects from the spot not check sees spot of person essence of life " , police extracted two hair in the spot at the same time, examine conclusion also is " the hair of extraction not check gives person genotype " .
"When forensic first time sends heavy careful, complement investigates what these two material evidence mentioned in outline to examine report, specification of mechanism of requirement public security was not referred examine the reason of the report, public security mechanism was referred later, but front courtyard careful notes show, without the qualitative card link to this evidence, this is understandable was concealed for this evidence. " king lawyer says.
Examine besides this report, still other evidence also was concealed.
A Lan says, dong Guoming has patted a window, still break up to break up from 2 buildings window, but public security office is special issued circumstance specification: Undertake perambulate to the metope of window and window lower part, loops and whorls on a finger was not drawn on wherefrom fan window already, also did not extract a shoe to imprint from window and metope. A Lan says, dong Guoming saw maize kinescope to her, mention condition of the coloured in maize kinescope camera lens and the clue that play a ball game, public security mechanism found CD of a piece of yellow in Home Dong Guoming really, but the clue that did not play a ball game in that piece of CD, public security body also produced a circumstance specification for this. As to the antecedents of that piece of CD, dong Guoming says, his son receives waste in Beijing, his grandchildren summer vacation went to Beijing carrying one satchel old CD on the back, cartoon still has an opera to wait other, that piece of CD also amid, CD piles in the house, he does not know prop put oneself in another's position is what content.
These favorable to Dong Guoming testimony are in above there also is qualitative card in front courtyard careful, in judgment the word was not carried. "Evidence cannot be hidden, can prove the accused is guilty should offer with innocent evidence. " king lawyer says.
The guilty ability of patient of a cancer
Besides the problem of evidential level, wang Jinsheng's lawyer thinks, the case that A Lan tells about sends a process also unlike is Dong Guoming can finish.
Anamnesis shows, dong Guoming in mussel port college of medicine accessary hospital was done on December 10, 2009 right next alobe of the lung effect a radical cure sexual resection, his prothorax still can see the scar of blade up to now. "It is a big operation, very big cut opened on the body. " Dong Guoming says.
The Dong Guoming when case hair already the operation is close 2 years, but change cure period to still did not end. "An old person of more than 60 years old, cure period is being changed again after cancer surgery, he has ability to finish the crime that A Lan says to pass, hold A Lan in the arms to go upstairs especially this kind of movement, a Lan is not the girl with angular form of a body, stature is not tall a bit fat, weight should exceed 100 jins. Produce the expected result of public security survey notes show, dong Guoming turns over 1.85 meters into the window of Home A Lan to be apart from the ground, with him at most 1.7 meters height, wearing thick cotton-padded clothes again, he can mount this window, can hold the object that removes many jins 100 to weigh in the arms, these can pass investigation experiment completely to undertake deciding. " king lawyer says.
Public security made mental judicatory identification for A Lan, survey report record, a Lan cannot differentiate common color, know 20 add 30 be equal to 50, but do not know 10 decrease 7 how much be equal to, IQ is less than 65, appraisal eventuate A Lan " companion of mental development arrearage sends mental obstacle " , also be not exclaimed by revolt of the both neither when enroach on because of its again, tell about by enroach on experience without any corresponding hearts when the process, reason appraisal is " ability of asexuality self defense " . "A such person, the regulation according to criminal procedural law cannot serve as a witness, so A Lan's attestation should eliminate entirely, but after A Lan's attestation eliminates, can prove without evidence Dong Guoming enroach on crosses A Lan. Judgment maintains A Lan to accompany hair spirit obstacle for mental development arrearage on one hand, cannot express oneself will correctly, regard Dong Guoming as the significant evidence that conviction her attestation again on one hand. " king lawyer says.
In addition, account is made clear in mental judicatory survey report " its discover when public security policemen enquires to be being undertaken by appraiser cannot utterance of on the rails communicates " , but note in what accuse Dong Guoming in, a Lan's answer appears however consecution is very clear, "Thing of the what in the house is placed in what azimuth, such furniture are in in that way the what azimuth of furniture, tell clearly, then the portion enquires what do below the company in the mother to noting is A Lan, we suspect what personally replies to constabulary problem is not A Lan. " king lawyer says, "Finally is that mole before Dong Guoming bosom, the public prosecutor in front courtyard careful says, according to the photograph, there is a black mole before Dong Guoming bosom, a few times sessional Dong Guoming thinks on the court test and verify of requirement of hold up dress, but the judge does not let, after saying law court again check. This behavior makes a person more incomprehensible, oneself stand in that, how more intuitionistic than the photograph also, do not give or take a lot of trouble again, why to examine on the court. Why to examine on the court..
(front courtyard careful notes)
Person of Home A Lan is maintained up to now " it is him "
On July 3, the reporter contacted A Lan's aunt, in those days she is the first person that knows A Lan is raped. Mention Dong Guoming to call loss, a Lan's aunt sneers: "Hum, it is him! It is him!!
A Lan's aunt tells a reporter, in those days A Lan's parents is outer the ground, alanhui goes to grandfather grandma home having a meal, but oneself come home in the evening watch TV, so Dong Guoming is in completely likely A Lan Jiali stays one night, they call the police in those days, it is completely by Dong Guoming not approbatory manner is exasperate, "We did not want to be troubled by at that time so big, think him a furniture in the home of what changed calculated, as a result he does not admit namely, we are enraged also is to enrage this. We are enraged also is to enrage this..
The reporter asks her why so affirmative Dong Guoming is not injustice, a Lan's aunt replies: "The child did not tell others, be being told is him. Be being told is him..
According to the view of person of Home A Lan, because heard A orchid aunt to call in the home,Dong Guoming comes actively to apologize is the parental child that informs A Lan had an accident, the reporter enquires A Lan's aunt is how to know because this consideration comes actively,Dong Guoming is for many times, dan Alan's aunt did not answer this one question from beginning to end.
Ended with A Lan aunt after communicating, the reporter dialed the telephone of grandpa A Lan, grandma and mom again, the grandfather's telephone call is very speedy hang up, nobody receive the telephone call of the grandma listen, mom's phone already was spacing, the reporter dials the telephone of A orchid aunt again again, also become nobody to receive listen. A Lan's father dies because of the accident a few years ago, a Lan already married a person at present.
Villager Dong Mou tells a reporter, dong Guoming's consistent in the village public praise is pretty good still. Dong Guoming tells a reporter, before having an accident, the weddings and funerals of the village can ask him to manage, everybody honour he " Mr. Dong " , nobody asks him now, still agree to breathe out continuously with his talker his name.
"Body worse and worse of Dong Guoming, before he compares 2 years thinner, walk more not agile. Go looking for him every time in the village, dong Guoming shifts to an earlier date two hours are in the move such as roadside, once Dong Guoming tells him, he is the telephone call that on bended knees receives me every time, because he felt to have the lawyer's help, law case has a hope. " when speaking of these, the mood of king lawyer is very complex, "He this year 71 years old, I can worry a little sometimes. I can worry a little sometimes..
In November 2018, senior people court rejected the Anhui province Dong Guoming asks the court adjudges its innocent appeal to request.
March 2019, king lawyer presented appeal state to top people court.
Those who interview is final, the reporter is Dong Guoming transcribe a paragraph of small video, to camera lens, dong Guoming is spoken with ambiguous enunciation " my whats do not want, want innocence only " hind, his old partner has carried a body on the back suddenly, wipe tear stealthily with the hand.
(character of the part in article is alias)
