jailhouse informant

Yang Botao Murder Case (杨波涛故意杀人案)

The defendant/exoneree 

  • Yang Botao (杨波涛), born in 1975

Facts

  • On August 16, 2001, the victim Li Yueying called Yang Botao’s sister (her former classmate) to tell her that she wanted to travel to Yiwu, which is a city in Zhejiang Province. Yang’s sister told Li that if she could not get a bus ticket in Shangqiu that day, Li could stay with her overnight and Li could get the door key at her brother’s (Yang Botao) store. Yang’s sister did not hear from Li after that. Yang testified that he did not meet with Li either. On September 7, 2001, Li’s mother reported her daughter’s disappearance to the police. Three days later, the police received reports about six human segments at two locations. On September 10, 2001, the police questioned Yang Botao as one of the 27 suspects, and later excluded him because his fingerprint did not match the one found at the crime scene. Two years later, the DNA test showed that these segments were all from Li. On December 27, 2003, Yang was put under residential surveillance by the police. He was detained on June 27, 2004 and was arrested on July 6, 2004.

  • Other special facts about this case:

    • There were multiple crime scenes in this case. During the police investigation, the police did not reach and investigate every crime scene.

    • It is not clear why there is two-year gap between the discovery of the human segments and the DNA testing of these samples, which eventually identified the victim.

    • In February 2004, Liu Yuzhou took the office to become the head of Liangyuan Police in Shangqiu City, where the case was handled. One of his tasks was to investigate this case.

    • Yang Botao claimed that Liu Yuzhou interrogated him in person. He was severely tortured. Among many interrogations, one of his interrogation lasted 17 consecutive days.

    • After 17 days of interrogation, Yang confessed. The police did not conduct any further inquiries.

    • Before 2013, there was no limits in the Criminal Procedure Law in China as to how many times a case can be remanded by the appellate courts. Beginning in 2013, according to the amendment to this law, it is limited to two times in each case.

Procedural history 

  • On September 5, 2004, the police sent the case to the Shangqiu City Procuratorate for prosecution. It was sent back by the prosecutor’s office twice for supplementary investigation.

  • On July 25, 2005, the Shangqiu City Procuratorate indicted Yang with the charge of the crime of intentional murder.

  • On September 1, 2005, he was convicted and sentenced to death with two years suspension by the Shangqiu Intermediate Court of Henan Province.

  • The Henan Provincial High Court remanded this case for retrial on the ground of uncleared facts after Yang’s appeal.

  • On Oct 16, 2006, the Shangqiu Intermediate Court again convicted Yang and sentenced him to death with two years suspension.

  • On Oct 29, 2007, the Henan Provincial High Court remanded for retrial for the second time on the same grounds of unclear facts.

  • On June 12, 2009, the Shangqiu Intermediate Court convicted Yang again for the same crime but changed the sentence to life imprisonment.

  • On September 26, 2009, the Henan Provincial High Court remanded for retrial for the third time for the same reasons.

  • After a hearing that was not open to the public, the Shangqiu City Procuratorate withdrew the case and referred the case back to the police on August 23, 2013.

  • On February 12, 2014, the police changed the compulsory measure against Yang from detention to released on guarantee pending trial.

  • On Feb 10, 2015, the police terminated their investigation on Yang Botao, but claimed that they were continuing investigating new evidence in this case.

Date of the conviction

September 1, 2005

Date the wrongful conviction was reversed

On February 10, 2015, Yang was released from the police compulsory measure because the police terminated investigation against him. But his original conviction was not vacated.

Days incarcerated

3,087

Why was the case reopened/reversed 

  • Yang and his lawyer maintained his innocence. Yang’s family petitioned on his behalf through the years.

  • Yang insisted that he confessed only once during the police interrogations. He confessed only because the police interrogated him for 17 consecutive days and nights. He was severely tortured.

  • Starting 2012, the Central Political-Legal Committee and the Supreme People’s Court began to stress the significance of preventing and redressing wrongful convictions.

  • In 2013 and 2014, the Chinese Communist Party stressed how to prevent and redress wrongful convictions during the Third and Fourth Plenums.

Factors contributing to the wrongful conviction

False confession

  • Yang was severely tortured. According to Yang, he had been subject to various torture methods, including being forced to swallow chili water and human waste fluids; body hair being pulled out, including his pubic hair; being physically assaulted; and being hung in the air by his wrists. He had been interrogated for 17 consecutive days before he gave the first and only confession.

Dubious witness identification

  • The police used a jailhouse informant to solicit Yang’s confession. The informant provided an audio recording in which he testified that Yang Botao confessed to him about the murder.

Problematic forensic evidence

  • No DNA testing had been done for two years after the human segments were found.

  • No test had been done on the alleged murder weapon, a metal saw, as to whether there was blood stain or fingerprints.

Defense lawyer's errors/absence

  • None. The defense lawyer pointed out more than 100 problems in this case and defended Yang’s innocence.

Prosecutorial errors

  • The prosecutor listed 15 witnesses, including 5 from Yang’s cell. None of these witnesses testified in court.

Court's errors

  • Failed to admit Yang’s in-court testimony. Failed to exclude illegally gathered evidence.

Other developments

  • In 2011, Liu Yuzhou, the then head of the Liangyuan Police of Shangqiu City, was convicted of the crimes of bribery and torture, and was sentenced to prison for 17 years.

  • Yang Botao’s lawyer is helping him seek state compensation. However, the lawyer thinks that Yang might not be eligible according to the current State Compensation Law because he did not have a not-guilty judgement from the court, a non-prosecution decision from the procuratorate, or a case withdrawal decision from the police. The police refused to issue a case withdrawal decision because they claimed that the investigation will continue, just not against Yang Botao (last updated June 20, 2022).

Information sources

Zhang Xinliang Murder Case (张新亮故意杀人案)

The defendant/exoneree 

  • Zhang Xinliang (张新亮), born in 1967.

Facts

  • Zhang’s wife Han Shujuan usually worked at home to attend to the couple’s automobile parts business. On October 15, 1999, Zhang came back to their house, and couldn’t find Han. Zhang’s two children were at home but did not know their mother’s whereabouts. Zhang tried to call his uncles for help but found that the telephone line was cut off and the locks on their closet drawers were broken. After Zhang took his children to his relatives and came back with the adult relatives for help, they found that Han had died in the corner of a room at Zhang’s house. There was blood on the victim’s neck and eyes. According to the police, Zhang was suspected to be the offender for five reasons: 1) he did not appear to be very sad and was too scared to move the body when requested by the police; 2) he accurately stated the time he left home and came back on the day of the crime; 3) he originally claimed that some cash and receipts were missing but the police found these in their house; 4) he was not the person who first reported the murder to the police; and 5) he was the one who first found one of the broken locks under a wooden case. Zhang was detained by the police on October 20, 1999.

  • Other special facts about this case:

    • Zhang asked one of his uncles to report to the police after they found Han’s body.

    • Zhang and his relatives were at the crime scene helping with the police investigation and assisting the medical examiner during the autopsy examination.

    • Zhang’s relatives testified that after the crime, Zhang had not changed his outfit for about 5 days. There was no bloodstain on his clothes or shoes.

    • Zhang’s two children were then 13- and 10-years old. The older child testified that before she and her brother left for school, a bulky red-face man came on a red motorcycle. She also told the police that this person often came to their store to buy things, and that he was then inside of their house and talking to her mother. But no investigation was conducted on the reported man.

Procedural history 

  • On November 8, 2000, Zhang was charged with the crime of intentional murder of his wife.

  • On March 27, 2001, Zhang was convicted and sentenced to death by the Xingtai Intermediate Court of Hebei Province. Zhang appealed.

  • On July 4, 2001, Zhang’s case was remanded for retrial by the Hebei Provincial High Court on the ground of insufficient evidence.

  • On July 2, 2002, the Xingtai Intermediate Court again convicted Zhang and sentenced him to life imprisonment. Zhang appealed again.

  • On August 21, 2002, the Hebei Provincial High Court again remanded this case for retrial.

  • On July 28, 2003, Zhang was again convicted and sentenced to life imprisonment by the Xingtai Intermediate Court.

  • On April 27, 2005, Hebei Provincial High Court tried Zhang’s case upon his appeal.

  • On August 8, 2005, Zhang was acquitted by the Hebei Provincial High Court and was released from the prison on December 2, 2005.

Date of the conviction

March 27, 2001

Date the wrongful conviction was reversed

August 8, 2005

Days incarcerated

2,236

Why was the case reopened/reversed 

  • Zhang’s lawyers kept presenting evidence about Zhang’s innocence through and after the trials.

  • The victim’s family did not press the police to punish Zhang.

  • Zhang’s family insisted on hiring the best lawyer they could afford. Professor Gu Yongzhong, a prominent law professor and lawyer in China, was retained by Zhang for his third appeal.

  • In 2005, Hebei Province launched a “promotion for rule of law” campaign. The Zhang Xinliang case is one of the top ten cases that were highly publicized during that campaign.

Factors contributing to the wrongful conviction

False confession

  • Zhang was severely tortured by the police. He had undergone physical assault, sleep deprivation and starvation. Zhang was also deceived and beaten and was forced to write a confession. This confession was admitted in the third remanded trial at the Xingtai Intermediate Court.

Problematic forensic evidence

  • The forensic report showed that the victim had “jet-like” bleeding when she was killed and the victim had blood-type A. Zhang had not changed his jacket for five days after the murder. But no blood stain was found on Zhang’s clothes.

Flawed police investigation

  • Police did not investigate information provided by the victim’s older child and Zhang’s neighbor about a strange big man with a red motorcycle.

Defense lawyer's errors/absence

  • None. The defense lawyers pointed out the problems in this case and defended Zhang’s innocence.

Prosecutorial errors

  • Failed to keep the threshold of indictment.

  • When the appellate court remanded the case for retrial for the second time, it provided a written documents with issues of reasonable doubts in this case. Instead of conducting further investigation, the prosecutor’s office responded in paper to these issues and pointed out that the court’s doubts were not supported by evidence.

Court's errors

  • Failed to exclude illegally obtained confession. Zhang recanted at trial, but the court did not admit his recantation.

  • The appellate court could have directly corrected the mistakes it found in this case.

  • A neighbor of Zhang provided a statement to Zhang’s lawyer that he saw a man on red motorcycle stopped in front of Zhang’s house and heard the motorcycle engine was turned on a few minutes later. Zhang’s lawyer provided this written statement to the court, it was missing from the court’s case dossier.

Other developments

  • On November 16, 2007, Zhang was rewarded state compensation of 18,700 RMB by the Hebei Provincial High Court. However, Zhang has not received the compensation (last updated on June 20, 2022).

Information sources