Editor’s note
On June 18, The Southern Weekly newspaper published “Deng Yujiao: 37 Days in Padang”. On the night of May 10, 2009, Deng Guida, the director of the town’s investment promotion office, was assassinated by a waitress, Deng Yujiao. In the same year, the procuratorate decided that Deng Yujiao had been given a lighter, mitigated or exempted from punishment if she had over-defended herself or surrendered herself. Later, he was exempted from criminal punishment because of the limitation of criminal responsibility ability of forensic expert. Recently, in liaocheng city, Shandong Province, Yu Huan saw his mother Su Yinxia subjected to an hour-long assault by 11 debt debtors. One of them took off his pants and insulted Su Yinxia by extreme means. Yu took out a fruit knife and stabbed at her, injuring 4 people, one of whom died. Yu huan was eventually sentenced to life in prison, sparking much public debate.
1
Surrounded by mountains, Ye Sanguan town is located in the middle of Enshi Tujia and Miao Autonomous Prefecture, Hubei Province. It connects Badong County in the north, Yichang in the east and Enshi in the west. It is located in the throat of three counties and cities, and is known as “the second county” of Badong County. The town of Nosanguan has only one street, about two kilometers long, from which one yuan of numbness (a hubei tricycle) can ride to the end of the street.
The murder took place in the town’s famous entertainment place – The Dream City of Xiongfeng Hotel. The dream city operates foot washing, traditional Chinese massage and other characteristic services, business has always been flourishing in the other two – Longquan hotel and heaven and earth.
On May 12 and May 18, Padang police released a case in which Deng Yujiao, a waiter of Xiongfeng Hotel, stabbed deng Guida, director of the town’s investment promotion office, and stabbed Huang Dezhi, director of the town’s agricultural service center.
At about 7:30 PM on May 10, Deng Guida, Huang Dezhi and Deng Zhongjia, a cadre of the Town Finance and Economics Institute, went to xiongfeng Hotel to relax in the Dream City. Huang entered the spa area on the first floor and asked Deng Yujiao, who was washing clothes, to provide a “heterosexual bath” service. After being refused, the two quarreled. Deng Yujiao leaves the room and goes to the lounge next door. Huang and Deng enter and quarrel successively. Deng takes out a wad of money and punches Deng yujiao on the head and shoulder. In the quarrel, Deng Yujiao then took out a fruit knife will Be Deng Guida stabbed to death, stabbed huang right arm.
At the time of the murder, Tang Qin, a friend of Deng yujiao and an employee of the Dream City, witnessed the incident. Yang Hongyan, another good friend, arrived later. “When I went in, I saw Deng Yujiao holding a knife and the man was falling into her arms.” Yang Hongyan told southern Weekend this way.
“You rascals, don’t kill two, you can’t!” Deng Yujiao stood up and said angrily. Then, she called the police: “I killed someone in the Xiongfeng hotel, you come and take me away.”
On May 12, Padang police detained Deng yujiao on suspicion of intentional homicide. Later, deng yujiao’s bag was found to contain anti-depression drugs. At the request of Zhang Shumei, Deng’s mother, the Badong police sent Deng Yujiao to enshi Prefecture Youfu Hospital for identification.
A reporter from Southern Weekly investigated in Nosanguan and Badong County, and found that Deng Guida, Huang Dezhi and Deng Zhongjia were all native to Nosanguan, and their social resources were limited to the town of more than 60,000 people. Deng Guida, 44, took his father’s place in the local government. He started working in the canteen, then worked as a worker, then as a cadre, then at the justice department and then at the letters and visits office. Huang Dezhi and Deng Zhongjia belong to unit director of agricultural service center and cadre of town finance and economics institute are restructured unit, do not have officeholder status.
According to Qidong, secretary of the town commission for Discipline Inspection, the three do not show any misdeeds. “They have a good reputation, but I never heard of them going in or out of this kind of place.”
Meanwhile, the image of Deng Yujiao as a “flying girl in a small town” revealed by the journalists also subverted the image of deng Yujiao as a strong woman on the Internet. Deng Yujiao is pretty, tall and flamboyant. “She walks with a swagger, and she slaps the table with you when you say she is.” Yang Hongyan, a close friend of Deng and former technical director of the Traditional Chinese massage department at the Xiongfeng Hotel, told Southern Weekend. “Yang Hongyan said at her clothing store, thumping the table like Deng Yujiao.
On the day of the attack, Deng yujiao, Tang Qin, Yang Hongyan and her sister, Yang Sanfeng, had a meal together, and Deng quarreled with Tang. For a month, Deng yujiao worked at the Xiongfeng Hotel and quarreled with Tang Qin almost every day. Deng had been suffering from insomnia for three years and could not sleep at night without crying. The Yang sisters, who shared the house with her, were often awakened by her cries.
But Yang hongyan believes that Deng Yujiao is only hot-tempered and easily provoked, and has no mental illness. The two sisters were also frightened by their friend’s sudden misfortune. “I don’t know what to say to help me get Deng Yujiao.” To avoid the trace of media, Yang Hongyan has to let younger sister Yang Sanfeng stay in clothing store, he hid out.
2
Did the women fight against rogue officials, or did a deal not lead to an argument that led to the murder? Several information releases by the Padang police have been confusing the public. Internet users were quick to spot inconsistencies in police reports on May 12 and May 18. “Special service” becomes “opposite-sex service” and “push” becomes “push”.
In badong police reported twice, the first mention of murder scene just lounge, second only mentioned the spa rooms, but only “hence ask deng to provide members of the opposite sex bathing, deng is not their own attendant refused to spa area, the two sides for this spat, deng went out of the room into the door attendant lounge” word.
The spa has been identified by police as the venue for the sex trade at the Hotel. Our reporter asked the waiters who worked here about the environment: there are several side-by-side rooms, one is the lounge where the waiters wait; The others are private rooms, or spa areas, with a large wooden tub and a makeshift bed next to it. The guest and the attendant can enter the private room after the deal is settled.
Due to the limited information obtained from the police, the details of the case from the Chengdu Business Daily disclosure: on May 12, Badong County public Security Bureau in charge of criminal investigation deputy director Song Jun and the political commissar, to the county party committee and county government special report. The spa site mentioned in the case report contains only four sentences:
Huang Dezhi: Do you have any special services?
Deng Yujiao: I’m a waiter at a KTV on the second floor, not here. We don’t offer special services.
Huang Dezhi: you are not here, here make mo son? Get out of here!
Deng Yujiao (gets up, picks up her bag and walks out of the spa) : Just go out, what are you yelling?
Huang Dezhi chased out until he reached the waiting room…
On the morning and afternoon of May 21, Xia Lin and Xia Nan, Beijing lawyers hired by Deng’s mother, Zhang Shumei, met with Deng Yujiao and proposed that the sexual assault did exist.
As lawyers have not disclosed the case, the existence of the “sexual assault scenario” raised strong questions. “What can happen in a minute in a spa?” “If this is a rape I jump off the 10th floor!” “Some survey participants told the Financial Times
Until 8 PM on May 25, two lawyers disclosed the details of Huang dezhi’s alleged rape in delivering it to padang police:
Huang dezhi entered the room, locked the door, sat on the bed and said he wanted to take a bath. Deng Yujiao walked out.
Huang Dezhi: Where are you going? You’re gonna shower with me.
Deng Yujiao: I just wash clothes here, not work here.
As Deng was about to open the door and leave, Huang pulled Deng yujiao onto the bed at the door and took off her clothes. Unable to take off deng’s T-shirt because of her cross-body chest bag, Huang tugged at her trousers instead. The trousers were bought by Deng yujiao when she was in Zhejiang province. Since Deng yujiao’s body became thinner after returning to Padang from Zhejiang province and she did not wear a belt, the trousers were pulled down by Huang Dezhi with her underwear fully exposed. Huang Dezhi took off his underwear again and touched his lower body with his hand. Deng yujiao kicks Huang Dezhi. Huang dezhi tries to take off Deng Yujiao’s shoes, but fails to take them off. She kicks him out of bed. Deng Yujiao unlocks the lock and runs into the restroom.
In an interview with Southern Weekly, Xia said the episode confirmed that Huang’s actions constituted “attempted rape” in the legal sense. And he thought that through his more than five hours of meeting, he judged That Deng Yujiao was completely sane and in good condition. “She is telling the truth because her life and her freedom are at stake, and she can only make false statements to her lawyer against herself.” Previously, perhaps Deng yujiao did not detail this to the police, which is very common in criminal cases, first of all can not be ruled out suspects have a mistrust of the police. Second, it was a place of entertainment, and the police may have inadvertently overlooked the sexual assault.
In the second scene lounge, the lawyer’s disclosure also differed from the police report: after Deng yujiao fled to the lounge, where there were two waiters, Huang dezhi entered with a “short customer” (deng Guida), and huang dezhi swore that he had been teased by a female baby.
Deng Guida: which tease you, show me, the next can not play, can not.
Huang Dezhi: [pointing to Deng Yujiao] That’s her.
Deng Guida (pointing to Deng Yujiao) : You are still picking people. What do you mean, we are too old? We’re here to consume, and you fucking have to serve!
Deng Yujiao: Did I tease you? You ask the foreman outside. If I really work here, I’m teasing you.
The foreman tried in vain to dissuade him.
Deng Guida: what’s on the top and the bottom? Aren’t they all the same? When you become a bitch, you still need to set up an archway. Don’t you just want money? You just haven’t seen the money! You want a lot of money, you open your mouth, believe it or not I throw money at you today!” (Takes out a wad of RMB and punches Deng Yujiao in the face. Every time she fanned herself, She stepped back. She returned to the sofa behind her.)
Deng Yujiao: Yes, I’ve never seen any money before. Maybe you should kill me today.
Deng Guida: I want to throw money at you, I want to pull a car to throw money at you.
Deng Yujiao wants to leave to be pulled back by Deng Guida and Huang Dezhi twice, final murder happens.
“It can be seen from the plot that Deng Guida and Huang Dezhi committed a joint crime. According to article 20 of the Criminal Law, which provides unlimited defense against violent crimes such as rape that seriously endanger her personal safety, I think Deng Yujiao is not guilty.” Xia Lin said.
3
After deng yujiao’s case sparked a wave of public opinion online, the Enshi Public Security Bureau and the Hubei Provincial public security Bureau were soon alerted, and the Hubei provincial party committee and government were all concerned about the matter. Luo Qingquan, the party secretary of Hubei province, telephoned his hubei counterpart to report the case while on a business trip to Chongqing, and demanded to see the case when he got off the plane back in Wuhan. On May 21, Tan Xianzhen, deputy secretary of enshi prefecture in charge of politics and law, and Wang Jianmin, secretary of the Commission for Discipline Inspection, were both in Padang to investigate.
It was on this day that lawyers Xia Lin and Xia Nan met with Deng Yujiao for more than five hours. Around 5:30 p.m., the lawyer came out and suddenly shouted, “No conscience, no humanity,” then hid his face and cried. Deng yujiao was sexually assaulted and her bra and underwear were the carriers, she told the media later.
In the evening, Xia Lin asked to see badong County’s top official — County Party secretary Li Hongmin, to discuss the case in detail. Finally, in Enshi state in charge of the deputy secretary tan Xian Zhen arrangement, Badong County criminal police squadron task force accepted xia Lin’s emergency report, a large number of reporters waiting outside the criminal police squadron. “I asked them to seal Deng yujiao’s underwear immediately, but they refused to give me a copy of the transcript.” After that, Xia Lin to The Padang Procuratorate to deputy chief Prosecutor Tian Ping, request Qidong of the padang police legal supervision procedures.
Xia analyzed his journey to the newspaper: after the meeting that morning, he made a judgment of attempted rape. Although the Lawyers’ Law exempts lawyers from listening to their clients, judging by the normality of the police handling cases, he believes that the police should have been given this information at the same time as he was given it. In order to cover up this omission, the police may destroy key evidence.
“So Zhang Shumei was suddenly called out by wild three pass police station Tan Jing at noon, I feel very strange, out of the gate of the detention house in the afternoon, see Zhang Shumei in, immediately know over. If the evidence is really destroyed, the girl will die.” Xia Lin explained the reason why he lost his temper.
Although the police refused to comment to the media on the existence of the sexual assault, on May 22 badong county took action: the government set up a news center on the Deng Yujiao case and summoned The manager of the Xiongfeng Hotel, He Dehong, on suspicion of pornographic services.
Enshi Daily published an exclusive interview with news spokesman Ouyang Kaiping. The article said that during the investigation phase, lawyers disclosed the case without authorization after meeting Deng yujiao, which was a serious violation of relevant regulations. As for whether Deng Yujiao was raped, she never told the public security authorities before the lawyer’s meeting, and investigators found no suspicious traces of physical evidence during the scene investigation.
“You want a lot of money, you open your mouth, believe not to believe me to throw money at you today!” “You want a lot of money, you open your mouth, believe not to believe me to throw money at you today!”
On the morning of May 22, Zhang Shumei, who had returned to Padang from her home in Nosan Guan, brought back five pieces of clothing for her daughter: bras, underwear, T-shirts, trousers and a pair of silk stockings of different colors. At about 12:00, under the authentication of Tian Ping, deputy chief procurator of Badong County Procuratorate, the staff of the county women’s Federation and Xia Lin, the material evidence personnel of Enshi State Public Security Bureau extracted and sealed five pieces of clothing.
When the clothes were taken out, Zhang Shumei said: Except for the bra, everything else was washed.
Xia Lin (surprised) : When did you wash it?
Zhang Shumei: In the evening.
Xia Lin: What time in the evening?
Zhang shumei did not answer clearly.
After the evidence was sealed, Ms. Zhang was called by the police to take a note. “I tried to follow, but the enshi police stopped me and said, ‘You can go.'” Xia Lin said. Since then, the lawyer and Zhang Shumei no longer normal contact. “This makes me more convinced that Zhang Shumei was coerced.”
Different from the lawyer’s judgment that Zhang shumei was coerced by the police and that the evidence was vandalized, Zhang told a different story to Southern Weekend and other media.
On the afternoon of May 21, after she and her husband returned home, police questioned her about Deng Yujiao’s condition and took the medicine home. Zhang shumei said that the whole process of taking medicine also took photos, did not take her daughter’s clothes.
“When I took a shower, I saw that my clothes were smelly, so I washed them.” Zhang shumei told Southern Weekend by phone on May 22. Because there was a red dot on the bra, I was afraid it was blood, so I didn’t wash it. After the crime, Deng yujiao’s friend brought a coat to replace the crime, but the underwear did not change. When I entered youfu Hospital on May 12, I had to take a bath and change into the hospital gown. The clothes I had changed were soaked. Later she took the clothes back and threw them in the bathroom.
On the evening of May 21, about 1 am, zhang Shumei and her husband were on their way to padang county, when the police from The Dalieping police station found her asking about the bra, checked it and found that the red dot on it was not blood and gave it back to her.
“Don’t say anything silly,” she told Southern Weekend, referring to media inquiries about why her underwear had been washed and her evidence destroyed. “That’s not the case.” She also denied that she had been coerced by the police. When waiting for Zhang Shumei to talk with the police in the armed forces department compound, Zhang Shumei’s husband Tan Zhibo also told this reporter, two people are very good very safe.
Neither coercion nor hijacking took place that day.
Regarding the situation on the same day, Padang government spokesman Ouyang Kaiping made a response on the Yangtze River Padang website: After the police contacted Deng Yujiao and relevant witnesses for further investigation and on-site investigation, it was confirmed that there was no fact that Deng Yujiao had been raped.
4
After a brief meeting with her lawyer on May 22, Ms. Zhang again lost normal contact. Mr Xia told Southern Weekly that he felt mistrust on both sides was growing. Since the detention center meeting, he has not and Zhang Shumei on the case of communication, Zhang Shumei has not been able to know what he listened to Deng Yujiao in the detention center, the bridge of information communication between them blocked.
But the lawyer’s judgment that “Zhang Shumei was coerced” has also been criticized by all sides. Xia Lin, a lawyer, said, “I have to think in the worst way, and always guard against the investigation agencies acting beyond the judicial field.”
On May 28, Zhang Shumei wrote in calligraphy a paper to cancel the entrustment relationship and sent it to the law firm where the two lawyers worked. During this time, Zhang shumei was “protected” in a hostel, making it difficult for outsiders to reach her, according to an insider. Ms Zhang’s actions, such as “changing” her lawyers, were attributed to Deng Zhenglan, a retired judge who was ms Deng’s grandfather and “did a lot of work inside”.
On the evening of May 25, lawyers Xia Lin and Xia Nan filed a rape complaint against Huang dezhi to the Padang police, disclosing details of the sexual assault that Huang had committed against Deng Yujiao. The complaint triggered a “bomb” of public opinion, with many netizens starting to form tour groups to padang.
The city of Padang was already in a state of high tension. A waiter at the Jinxiu Changjiang Hotel told the southern Weekend reporter that the hotel was “fully occupied by cadres” for several days, and outsiders could not live in it. The air route from Yichang to Padang was also suspended.
But Ouyang Kaiping, a spokesman for the Padang government, once told Southern Weekly: “No one says they can’t find a place to live in Padang.” As for the closure of padang city and the suspension of passenger ships, Ouyang Kaiping said, “It is caused by the weather, hubei is raining heavily”.
Wild three pass town is also frets. Wild three pass of the primary school, middle school are all off. Longquan hotel, one of the town’s three major hotels, was also “full”, the hotel waiter told the Southern Weekend reporter, is the industrial and commercial bureau in the meeting. The network of the hotel is cut off, outsiders in the wild three pass will immediately someone will come to ask.
“Village officials told us at a meeting to hide valuables, saying they were being attacked by terrorists.” “A mechanic told Southern Weekend.
On May 28, media journalists from all over the country were evacuated. Local media in Hubei, Chutian Metropolis Daily and Chutian Gold Daily, successively issued exclusive interviews with Deng Yujiao’s grandfather deng Zhenglan and her mother Zhang Shumei. “The lawyer exaggerated the facts, divulged Deng Yujiao’s privacy and harmed the interests of the client,” the report said. The article immediately fell victim to accusations by some netizens that they were “manipulating public opinion and releasing false information.”
‘Whoever gives an interview, no matter what he says, will be cursed to death by netizens the next day,’ according to a text message sent to reporters by an official. The tide of public opinion let them handle the case on thin ice, fear.
The tension continued until the evening of May 31, when the Yangtze River Badong network announced the investigation results of deng Yujiao’s case of “excessive defense” and the handling of Huang Dezhi and Deng Zhongjia.
At the end of May, The route between Padang and Yichang was reopened, the hotel of Padang and Wild three passes was no longer “full”, the school of wild three passes reopened, and the tension between the two places finally eased.
According to a Padang official, in the face of this public uproar, they are to “maintain stability” the political height of work, use a lot of manpower and material resources.
5
Although the padang court did not officially announce the date of the trial, the news was still circulating on the Internet. All the reporters went to Padang again, which surprised Wang Haibo, director of the publicity office of Padang County government: Even I don’t know when the court will be held, how do you know?
The southern Weekly reporter was the first to report to the Publicity department of Padang County Party Committee, but the quota of reporters for the audience was still allocated. Xinhua News Agency, People’s Daily, Hubei Daily, Hubei TV station, Enshi Daily, Enshi TV Station and Yangtze River Padong Network were awarded eight seats for the audience. On the day of the trial, other reporters had to wait outside the courtroom.
At 8:30 a.m. on June 16, deng Yujiao’s case was heard in court I, the largest court in Padang Court.
At 11 o ‘clock, deng Yujiao was found guilty of intentional injury and exempted from criminal punishment.
Although Ms. Deng and her family did not want to be interviewed, an observer from the political and legal system told the Newspaper what happened at the trial: the defense lawyer pleaded not guilty, and the dispute with prosecutors centered on the provision of unlimited defense right in Article 20 of the Criminal Law. The prosecution argued that the defence was excessive, while the defence argued that deng yujiao had been subjected to sexual assault, humiliation, physical assault and threats of violence, and that the defence had not been excessive.
The dispute remains over whether sexual assault exists, but there is no debate. “Sexual assault and unlimited defense are definitely priorities.” “The person said. But he noted that the lawyers used the informal legal term sexual assault, not rape. In court, the lawyer also said deng and Huang should be investigated for criminal responsibility, but did not name specific charges.
In the end, the court held that since the scene of the murder took place in the lounge, where there were a large number of people, it excluded the objects of the unlimited right of defence stipulated in Article 20 of the Criminal Code: homicide, robbery, kidnapping and rape, which seriously endangered the safety of the person. Deng Yujiao faced insults and threats of violence, and intentionally injured people to death, which was excessive defense. The court found Deng guilty of intentional injury but exempted her from criminal punishment.
The statutory mitigating circumstances considered by the court included justifiable defense, psychiatric evaluation of mood disorder (bipolar disorder), voluntary surrender, and discretionary mitigating circumstances. Namely deng, Huang 2 people have serious fault.
Despite some doubts about the verdict, Deng yujiao was satisfied. She told the media that she was even surprised to be spared criminal punishment. Padang, at last, could escape from the vortex of public opinion.
The end of the
Looking back more than 30 days, several government officials, speaking on condition of anonymity, told Southern Weekly that the Padang government did not expect such a simple criminal case to provoke a sharp confrontation between the public and them. “Padang has never been so nervous,” they said.
Not every leader in the county, after all, had been trained in democracy and the rule of law, and “there was something wrong with the approach”, but “at the end of the day it was all about stability”.
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