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Killer Freed When Victim Turns Up Alive

It's not necessary for there to be a body in order to convict someone of murder, but maybe one should be required. Even if the suspect confesses. For those who don't believe that someone would confess to a murder they didn't commit, read on. I bet this isn't the only case:

A Chinese man jailed and badly beaten for his wife's murder has been freed after she turned up not only alive but with another husband, domestic media said on Monday, revealing a brutal arbitrariness to China's legal system.

She Xianglin's wife, Zhang Zaiyu, disappeared after a domestic dispute in 1994 and when a woman's body was found in a local reservoir, She was detained on suspicion of killing his wife, the China Daily said.

The body was so decomposed it could not be identified, but a local court found She, a former part-time police officer from central Hubei province, guilty of murder and sentenced him to death. A provincial court later commuted the sentence to 15 years in prison.

She confessed to the crime after being interrogated and tortured:

She, 39, was coerced into confessing to her murder and badly beaten in prison, the China Daily said....She told the Beijing News that when he was first apprehended, police took him to a remote house and interrogated him for 11 days. He was given just two bowls of rice a day, nearly no water, prevented from sleeping and threatened with death.

"A policeman put his gun to my head and said, 'Believe me, I could shoot you right now'," She was quoted as saying from a prison hospital bed, where he was receiving a physical check before being released on Friday. He said he did not remember making a confession, though the local court that ruled on his case was told he had. The China Daily said photographs published since She's release showed he had been severely beaten while in jail and his legs and fingers broken.

She's wife turned up last month, having run away in 1994 to another province where she married a local man. She wants to be compensated for the time he spent in prison, for the cops who mistreated him to be held accountable.

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    Re: Killer Freed When Victim Turns Up Alive (none / 0) (#1)
    by scarshapedstar on Mon Apr 04, 2005 at 10:03:11 PM EST
    Just think, if George Bush had been the governor of the province, there'd have been no commuted sentence and no problem now!

    Re: Killer Freed When Victim Turns Up Alive (none / 0) (#2)
    by Patrick on Mon Apr 04, 2005 at 10:35:25 PM EST
    Thank God we live in America

    Re: Killer Freed When Victim Turns Up Alive (none / 0) (#3)
    by Talkleft Visitor on Mon Apr 04, 2005 at 10:39:41 PM EST
    She wants to be compensated for the time he spent in prison,
    Sure she doesn't - this sounds like a US style lawsuit. She runs off with another guy - but comes back and wants to profit off his victimization. She should apply to immigrate her

    Re: Killer Freed When Victim Turns Up Alive (none / 0) (#4)
    by Talkleft Visitor on Mon Apr 04, 2005 at 11:13:35 PM EST
    She is the husband's name. In other words, She is a he. She is not the wife.

    Re: Killer Freed When Victim Turns Up Alive (none / 0) (#5)
    by Talkleft Visitor on Tue Apr 05, 2005 at 01:34:57 AM EST
    god, how dumb you are JCHFleetguy!

    Re: Killer Freed When Victim Turns Up Alive (none / 0) (#6)
    by Talkleft Visitor on Tue Apr 05, 2005 at 02:05:21 AM EST
    Thank God we live in America Patrick, you are aware, are you, that the incarceration rate is SIX times higher in the US than in China? (701 prisoners/100,000 population in the US in 2002 vs 117 in China.) And I doubt the average American prison is any less brutal than the average Chinese prison.

    Re: Killer Freed When Victim Turns Up Alive (none / 0) (#7)
    by Aaron on Tue Apr 05, 2005 at 06:41:59 AM EST
    Reminiscent of a subplot from this movie.

    Re: Killer Freed When Victim Turns Up Alive (none / 0) (#8)
    by pigwiggle on Tue Apr 05, 2005 at 07:02:43 AM EST
    mar- When I was in college I shared an old house with a Chinese couple. Long story short, they were both brutally murdered by another Chinese citizen. He fought extradition for several years, at one point attempting suicide when the extradition went through. The US is infinitely softer on crime and convicted criminals than the Chinese. To suggest different is straight up stupid.

    Re: Killer Freed When Victim Turns Up Alive (none / 0) (#9)
    by Talkleft Visitor on Tue Apr 05, 2005 at 07:46:27 AM EST
    More appropriate comparisons would be percent of gen'l population in prison and a comparison of due process. I wonder where the most similarities and differences lie (easily enough explored by human rights groups) Regardless I've heard many on TL proclaim the glories of countries like China that "treat crime seriously." So don't go saying how "fair" and "just" we are here unless you're willing to focus on how just our system really is and how much it benefits society at large.

    Re: Killer Freed When Victim Turns Up Alive (none / 0) (#10)
    by desertswine on Tue Apr 05, 2005 at 08:15:42 AM EST
    She was detained on suspicion of killing his wife
    Hey Abbbottt!!! Who's on first?

    Re: Killer Freed When Victim Turns Up Alive (none / 0) (#11)
    by Talkleft Visitor on Tue Apr 05, 2005 at 08:52:12 AM EST
    Isn't there some precedent in American jurisprudence which says that factual innocence doesn't apply in federal habeas cases so long as the defendant's trial was rendered fairly?

    Re: Killer Freed When Victim Turns Up Alive (none / 0) (#12)
    by Talkleft Visitor on Tue Apr 05, 2005 at 09:50:43 AM EST
    He's lucky the death vans were in another province!

    Re: Killer Freed When Victim Turns Up Alive (none / 0) (#13)
    by txpublicdefender on Tue Apr 05, 2005 at 11:37:50 AM EST
    Isn't there some precedent in American jurisprudence which says that factual innocence doesn't apply in federal habeas cases so long as the defendant's trial was rendered fairly?
    Yep. Herrera v. Collins, 506 U.S. 390 (1993).

    Re: Killer Freed When Victim Turns Up Alive (none / 0) (#14)
    by Talkleft Visitor on Tue Apr 05, 2005 at 03:19:11 PM EST
    Can I get a "You Go girl!"?

    Re: Killer Freed When Victim Turns Up Alive (none / 0) (#15)
    by Talkleft Visitor on Tue Apr 05, 2005 at 09:13:44 PM EST
    Uh oh...Joe Hunt of the Billionaire Boys Club is going to file another appeal...