The defendant/exoneree
Wang Benyu (王本余), born in 1954; he was 42 when he was arrested and was 60 when he was finally released.
Facts
In December 15, 1994, when Wang came back to his rental apartment from work, Li Yanming, Wang’s roommate, told Wang that he killed a little girl. Li asked Wang to help him dispose of the body. Li threatened that if Wang turned him in, Li was going to kill Wang and Wang’s six-year-old daughter, who was living with them, just like he killed the girl. Later Li also begged Wang not to report the incident. That night, Wang carried Li and the body in Wang’s tricycle to dump the body at a place about six thousand yards away from their rental apartment. The next day, Li ran away and Wang was detained by the police.
Wang did not appeal because he was told by a ward at the detention center that he would get transferred to a prison sooner without any further delay from the appellate proceeding (usually the living conditions in a prison are considered better that that in a detention center). Wang later said that he would rather die than be kept in a detention center.
Procedural history
In March 1995, the police sent the case to the Baotou City Procuratorate for review and prosecution. The procuratorate later sent the case back to the police for supplemental investigation due to lack of forensic evidence to connect Wang to the crime and the suspicion that Li Yanming might be the real perpetrator.
In November 1996, Wang Benyu was charged with the crime of rape and intentional murder. He was originally convicted and sentenced to death with two years suspension by the Baotou Intermediate Court of Inner Mongolia Autonomous Region. Wang Benyu did not appeal.
In March 1997, the High Court of Inner Mongolia Autonomous Region reviewed and approved Wang’s sentence.
Date of the conviction
March, 1997
Date the wrongful conviction was reversed
July 22, 2013
Days incarcerated
6,793 days
Why was the case reopened/reversed
After Wang was sent to prison to serve his time, he started to write petition letters claiming that he was wrongfully convicted. But he stopped petitioning after the first two years of imprisonment because he realized that his petition made his sentence commutation difficult.
On February 13, 2012, Li Yanming was arrested by the police in Beijing for another murder. Li confessed that he committed the rape and murder in Wang’s case.
On July 22, 2013, Wang was released.
In September 2013, the Baotou Intermediate Court re-tried the case and found that Wang was not guilty of rape and murder, but was guilty of concealing a crime. Wang was sentenced to three years imprisonment. Because Wang had served his time for 18 years before the second conviction, he was released right away.
Factors contributing to the wrongful conviction
False confession
Wang did not confess until he was severely physically tortured by the police. He gave 10 statements before trial, with eight statements indicating that Li Yanming was the real perpetrator, and two indicating himself.
Problematic forensic evidence
The victim had a bite mark on her face. Wang has two protruding teeth. Without any testing, the police told Wang that they think the mark must have been left by him. No semen was found, though Wang confessed that he ejaculated inside of the victim’s body. No DNA testing had been done in this case.
Dubious witness identification
Wang Benyu’s daughter, who was eight at the time, gave written statements identifying her father as the perpetrator who killed the victim.
Ignored exculpatory evidence
Wang told the police that Li Yanming was the real culprit and provided the police with Li’s hometown address. But the police did not conduct a thorough investigation on Li’s whereabouts.
Prosecutorial errors
Both the procuratorate and the court compromised with the Baotou City Political-Legal Committee, which had set a tone for the case in September 1996. The compromise was that although this is a difficult case, the procuratorate still could charge Wang for rape and murder, and the court should make its decision according to the actual circumstances.
Defense lawyer's errors/absence
None. Wang was represented by a lawyer who defended him by arguing that the case lacks evidence to implicate Wang, and that Wang is an accessory offender of the crime charged.
Court's errors
Compromised with the local political-legal committee.
Other developments
In November 2013, Wang received state compensation of 1.5 million RMB.