The defendants/exonerees
Tian Weidong (田伟冬), born in 1974 (21 at time of arrest in 1995)
Chen Jianyang (陈建阳), born in 1975 (20 at time of arrest in 1995)
Wang Jianping (王建平), born in 1976 (19 at time of arrest in 1995)
Zhu Youping (朱又平), born in 1975 (20 at time of arrest in 1995)
Tian Xiaoping (田孝平), born in 1977 (18 at time of arrest in 1995)
Facts
On March 20, 1995, Xu Caihua (female), a cab driver, was robbed and killed at a farm in Xiaoshan District of Hangzhou City, Zhejiang Province. On August 12, 1995, another cab driver, Chen Jinjiang (male), was robbed and killed inside his cab in Xinjie Town of Xiaoshan District. The local police failed to make any progress investigating the two cases until November 15, 1995, when they were offered a lead by a woman who had been placed under the police compulsory measure called sheltering and investigation for alleged prostitution. The informant told the police that she heard from another woman named Zheng Caifang that three men from Xiaoshan District named Chen Jianyang, A Dong, and Jianping were hired to kill a male cab driver with knives. No record shows that the police interviewed Zheng Caifang to verify the source of the lead. Within two weeks, many young men in Xiaoshan District with “Jian,” “Ping” or “Dong” in their given names were taken to local police stations for investigation.
All five defendants were at that time considered problematic youths in their communities. One by one, the police placed them under sheltering and investigation. The first four defendants had known each other before the case, but none had met the fifth defendant until their trial.
Apart from the above two incidents, Chen Jianyang and Tian Weidong were charged with stealing RMB1,600 worth of valuables on September 2, 1995.
Also apart from the above incidents, on October 5, 1995, Tian Xiaoping was arrested on the scene of a robbery of two truck drivers and was charged with the robbery.
Other special facts about the case:
In the middle of 1995, Xiaoshan City had a months-long Strike Hard campaign.
In 1996, China conducted a nationwide Strike Hard campaign.
On March 17, 1996, the system of sheltering and investigation was formally abolished.
Procedural history
On November 28, 1995, Wang Jianping was placed under custody by the police. Subsequently, the other defendants were placed under custody and all five defendants were placed under the compulsory measure of sheltering and investigation.
On September 28, 1996, the five defendants were formally arrested.
Chen Jianyang, Tian Weidong, Zhu Youping and Tian Xiaoping were charged with (aggravated) robbery with the severe consequence of causing the death of Xu Caihua.
Chen Jianyang, Tian Weidong, Wang Jianping and Tian Xiaoping were charged with (aggravated) robbery with the severe consequence of causing the death of Chen Jinjiang.
Chen Jianyang and Tian Weidong were charged with theft.
Tian Xiaoping was charged with the robbery that occurred on October 5, 1995.
On July 11, 1997, the Hangzhou Intermediate Court of Zhejiang Province convicted the defendants of the crimes charged and sentenced Chen Jianyang, Tian Weidong, and Wang Jianping to death; sentenced Zhu Youping to death with a two-year suspension; and sentenced Tian Xiaoping to life imprisonment. The first four defendants appealed to the Zhejiang Provincial High Court. The fifth defendant did not appeal.
On December 29, 1997, the Zhejiang Provincial High Court reduced the sentence of the first three defendants to death with two years’ suspension. It sustained the sentence of the fourth defendant.
Date of the convictions
July 11, 1997
Date the wrongful convictions were reversed
July 2, 2013
Days incarcerated
31,590 (total for five defendants)
Why was the case reopened/reversed
Tian Weidong and Wang Jianping protested their innocence throughout their trials and continued after their convictions. On July 27, 2011, during a campaign to crack down on murders in Zhejiang Province, the Hangzhou police discovered that fingerprints of Xiang Shengyuan, a person with criminal history of robbery and theft, matched a bloody fingerprint found at the crime scene of the March 20, 1995 robbery. Xiang was arrested on January 4, 2013, and was convicted of murder and sentenced to death with a two-year suspension by the Jiaxing Intermediate Court of Zhejiang Province on May 30, 2013. On January 4, 2013, Zhejiang Provincial High Court realized the error and started reviewing the case of the five other men. On May 21, 2013, the Zhejiang Provincial High Court decided to re-open the case. On July 2, 2013, the Zhejiang Provincial High Court announced that the five defendants were not guilty of robbery on March 20, 1995 and August 12, 1995. The retrial found that Chen Jianyang and Tian Weidong were guilty of theft, and that Tian Xiaoping was guilty of the robbery that occurred on October 5, 1995.
Factors contributing to the wrongful convictions
False confessions
The five defendants were sleep-deprived and physically tortured. They all suffered from broken fingers and other bones. Due to torture, Tian Weidong tried to kill himself by biting off part of his tongue. All five recanted their confessions many times. Many details in their confessions did not match the crime scenes.
Problematic forensic evidence
A bloody fingerprint found at the scene did not match any of the five defendants. The Hangzhou police could not find a match to any other suspects at that time, so they decided to pursue their investigation against the five. Fingerprints reportedly found on a stone, which allegedly had been used to kill a victim, were not collected. Other weapons, wires, and knives, which were allegedly used to kill the victims, were not found by the police.
Prosecutorial errors
The case files show that prosecutors had 34 witnesses, but none of them was called to testify in court.
Court's errors
The Zhejiang High Court had found the case unclear and the evidence insufficient, but none of the judges of the collegial panel decided the five defendants should be free until the new president of the Zhejiang High Court took his position.
Other developments
A judge from the Zhejiang High Court issued an apology for the court’s mistakes involving the case and for causing the defendants to lose 17 years of freedom.
The five defendants applied for state compensation in 2013. As of May 17, 2020, their compensation cases were still pending.