defense lawyer unqualified

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