"the victim" coming back from the dead

She Xianglin Murder Case (佘祥林故意杀人案)

The defendant/exoneree 

  • She Xianglin (佘祥林), born on March 7, 1966; he was twenty-eight when he became suspected in the case and was thirty-nine when he was finally acquitted.

Facts

  • In the beginning of 1994, She Xianglin’s wife Zhang Zaiyu disappeared. A few months later, a badly decomposed female body was found at a nearby reservoir. Zhang’s family identified the corpse as Zhang Zaiyu and suspected She killed Zhang because Zhang had a mental disorder. It was rumored that She was having an improper relationship with a young woman. About eleven years after She had been convicted of intentional murder of Zhang Zaiyu, Zhang reappeared alive in She’s village.

  • Other special facts about this case:

    • After She’s conviction, Zhang Zaiyu sent letters to her brother. But her brother did not disclose this until Zhang Zaiyu came back to the village in person.

    • When the female body was found, another family came to the police claiming that the victim was their family member.

Procedural history 

  • On April 12, 1994, She was put on residential surveillance. On April 22, 1994, She was criminally detained and six days later he was arrested.

  • She Xianglin was charged with intentional murder of his wife.  On Oct 13, 1994, She was originally convicted and sentenced to death by the Jingzhou Intermediate Court of Hubei Province.

  • On January 6, 1995, She’s appeal was heard and the Hubei High Court remanded the case for retrial on the ground of insufficient evidence and unclear facts.

  • During the first retrial, this case was twice returned to the local county procuratorate for supplementary investigation.

  • On November 23, 1997, when the local county procuratorate referred this case the third time to the city procuratorate and requested the latter to prosecute She at the intermediate court, the city procuratorate rejected the case on the ground that the alleged offense was not serious enough to be prosecuted in an intermediate court and referred the case back to the local county procuratorate to prosecute at a local district court.

  • On June 15, 1998, She was convicted by the Jingshan District Court for intentional murder and was sentenced to 15 years imprisonment.

  • On September 22, 1998, She’s appeal was denied by the Jingmen Intermediate Court and his conviction was affirmed.

  • On March 28, 2005, Zhang Zaiyu reappeared in She’s village.

  • On April 1, 2005, She was released from the prison by obtaining a guarantor.

  • On April 13, 2005, She was exonerated.

Date of the conviction

June 15, 1998

Date the wrongful conviction was reversed

April 13, 2005

Days incarcerated

3,995

Why was the case reopened/reversed 

She’s mother and brother petitioned for She since She was detained. Eleven years after She’s detention and conviction, the alleged victim reappeared in person.

Factors contributing to the wrongful conviction

False confession

  • She was physically and verbally abused by the police and gave four different confessions. He was interrogated for ten consecutive days, was beaten and lost part of a finger.

Flawed police investigation

  • Witnesses who testified that there was a stranger in their village who might be Zhang Zaiyu were detained for months for alleged perjury. Some defense witnesses were tortured and detained until they changed their testimony.

  • When the police learned of exculpatory evidence, they tried to suppress the evidence.

  • Police ignored the other family who claimed that the victim was actually their family member.

Dubious witness identification/statements

  • Zhang’s family did not see the victim’s body. Their identification was based on the police’s description about the height and the build of the victim. Zhang’s family identified the body despite the fact that the body did not have a scar on the stomach, which was one of the Zhang’s identifying features.

  • Witnesses changed their testimony after being detained and threatened by the police.

Problematic forensic evidence

  • No DNA evidence collected to identify the body.

  • No tools for the alleged crime were found.

Prosecutorial errors

  • Prosecutors acquiesced to the Political-Legal Committee’s decision, knowing it was not supported by evidence.

  • Prosecutors did not explain the conflicting evidence during the prosecution.

Defense lawyer's errors/absence

  • None. She was represented by a lawyer who maintained She’s innocence.

Court's errors

  • Acquiesced to the Political-Legal Committee’s not-evidence-based decision.

  • Ignored the unexplainable doubts in this case. For example, the missing stones, bags, and ropes allegedly used by She during the act; whether She was capable of taking the alleged route of killing the victim at one place and hauling the body to dump it, by himself, at another place; and why She’s confessions yielded four different versions of the story.

Other developments

  • During She’s appeal, Zhang’s family organized 220 villagers to petition the appellate court (Hubei Provincial High Court) to pressure the court to reject She’s appeal.

  • One of the police officers in She’s case was charged with torturing She and committed suicide.

  • In September 2005, She received about RMB700,000 from the state in compensation.

Information sources

Zhao Zuohai Murder Case (赵作海故意杀人案)

The defendant/exoneree 

  • Zhao Zuohai (赵作海), born in 1952; he was 47 when he was arrested and was 58 when he was acquitted.

Facts

  • On October 30, 1997, Zhao Zuohai had a fight with Zhao Zhenshang (赵振晌), in which the former was injured. Zhao Zhenshang was not seen afterward. In February 1998, police detained Zhao Zuohai for investigation for 20 days and then released. On May 8, 1999, a body was found in an advanced state of decay in Zhao Zuohai’s village. The police did not find the head or the legs of the body. The next day, police again detained Zhao Zuohai. From May 10 to June 18, 1999, Zhao Zuohai confessed nine times after being seriously tortured by the police.

  • Other special facts about this case:

    • The body was identified by Zhao Zhenshang’s family. No DNA identification was done.

    • Zhao Zuohai did not appeal his conviction.

    • Zhao Zuohai was represented by a legal intern, not a lawyer.

    • The procuratorate delayed charging Zhao Zuohai because of insufficient evidence until directed to do so by the local political-legal committee as part of a campaign to clear a backlog of cases.

Procedural history 

  • Zhao Zuohai was charged with the crime of intentional murder of his fellow villager Zhao Zhenshang. He was convicted and sentenced to death with a two-year suspension by the Shangqiu Intermediate Court of Henan Province. Zhao Zuohai did not appeal.     

Date of the conviction

December 5, 2002

Date the wrongful conviction was reversed

May 9, 2010

Days Incarcerated

2,712

Why was the case reopened/reversed 

On April 30, 2010, Zhao Zhenshang reappeared at his village and confessed that on the night of the fight with Zhao Zuohai, he injured Zhao Zuohai’s head with a chopping knife. Out of concern that Zhao Zuohai might die, Zhao Zhenshang grabbed some personal belongings and fled. Zhao Zhenshang survived by collecting and reselling recyclables during his absence.  Zhao Zhenshang came back to his village because he had had a stroke and could not afford any treatment.

Factors contributing to the wrongful conviction

False confession

  • Zhao Zuohai was tortured by the police, who kicked, punched, and hit him with gun handles and sticks. They set off firecrackers on his head. He confessed after torture, but recanted and claimed his innocence in court.

Flawed police investigation

  • In order to find an excuse to explain the fight between Zhao Zuohai and Zhao Zhenshang, the police tortured a witness surnamed Du to force her to admit that the two men fought over her.

Dubious witness identification/statements

  • Zhao Zhenshang’s family identified the body as Zhao Zhenshang without checking any personal features on his body (such as the clothes).

  • Zhao Zhenshang’s family did not report that Zhao Zhenshang’s personal belongings were missing after his disappearance.

Problematic forensic evidence

  • The police did not look for a weapon.

  • No DNA identification indicated that the victim was Zhao Zhenshang.

Prosecutorial errors

  • The procuratorate returned the case to the police twice for additional investigation, but compromised with the police after the Shangqiu City Political-Legal Committee intervened.

Defense lawyer's errors/absence

  • Zhao Zuohai was represented by a legal intern who was not a qualified lawyer.

Court's errors

  • Failed to admit Zhao Zuohai’s in-court testimony.

  • Did not exclude illegally gathered evidence (such as Zhao Zhuhai’s coerced confession and Ms. Du’s coerced statements).

  • Although no DNA test was done to identify the victim as Zhao Zhenshang, the court convicted the defendant and imposed a lenient sentence under the consideration of unforeseen circumstances (whether the victim was Zhao Zhenshang).

Other developments

  • Three police officers in Zhao Zuohai’s case were arrested after Zhao Zuohai’s exoneration.

  • Four judges responsible for reviewing the case were suspended and investigated.

  • This case triggered awareness of the problem of wrongful convictions.

  • The chief judge of the Henan Provincial High Court apologized to Zhao Zuohai after his exoneration.

  • Zhao Zuohai received RMB 650,000 from the government as state compensation.

Information sources