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Henan court admits error as convicted murderer goes free
By Li Xinran |
January 9, 2009, Friday
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Online Edition
Online Edition
A MAN convicted of raping and killing his niece in 1999 was proven innocent yesterday in Henan Province.
The Henan Higher People's Court announced Zhang Shaoyou was innocent. It also upheld the ruling in the court of first instance that sentenced Hu Xiaogang to death for the rape and murder of Zhang Fen, Wuhan Evening News reported.
Zhang Shaoyou was detained shortly after his niece Zhang Fen was raped and killed. He was sentenced to death in 2002 by Zhoukou Intermediate People's Court.
Zhang Shaoyou shared a yard with Zhang Fen, whose body was found in a well in Henan's Zhoukou City after she reportedly had been missing for more than a month from December 2, 1999, the report said.
Zhang Fen, 22, was a general practitioner in a village in Zhoukou. She went missing after serving outpatients that day.
Police later confirmed Zhang Fen was killed in her bedroom and discarded in a well nearby.
Zhang Fen's key ring and 300 yuan (US$43.5) were also gone.
Zhang Shaoyou became the only suspect as evidence showed that Hu, who shared the same yard as Zhang Fen, didn't have time to commit the crime.
However, Zhang Shaoyou's sentence was later commuted to a death penalty with a two-year reprieve as the Henan higher court, the court of appeals, found the case still had some problems.
Zhang's family received information on March 10, 2008, that Hu was the murderer, the report said.
Hu and his family moved to Xinjiang Uygur Autonomous Region four days after Zheng Fen's body had been discovered.
Henan police seized Hu on April 23. Hu confessed that he stole Zhang Fen's money and key ring after seeing her for medical treatment. He raped and killed her when he tried to return the key ring to her bedroom as she woke up, the report said.
Hu said he dumped Zhang Fen's body in a well and threw the key ring in another one.
Police picked up the key ring from the well. The keys on the ring could still be used, the report said.
The court terminated Zhang Shaoyou's sentence on May 22 and began to review the case as there had been something wrong in confirming the facts, the report said.
Zhang was granted bail one week later. He had spent about eight years in jail.
Hu was later convicted of murder and sentenced to death by Zhoukou Intermediate People's Court on October 28. The court also ordered Hu to pay Zhang Fen's parents 64,000 yuan in compensation.
Zhang Shaoyou reportedly has hired a lawyer to seek state compensation, the report said.
The Henan Higher People's Court announced Zhang Shaoyou was innocent. It also upheld the ruling in the court of first instance that sentenced Hu Xiaogang to death for the rape and murder of Zhang Fen, Wuhan Evening News reported.
Zhang Shaoyou was detained shortly after his niece Zhang Fen was raped and killed. He was sentenced to death in 2002 by Zhoukou Intermediate People's Court.
Zhang Shaoyou shared a yard with Zhang Fen, whose body was found in a well in Henan's Zhoukou City after she reportedly had been missing for more than a month from December 2, 1999, the report said.
Zhang Fen, 22, was a general practitioner in a village in Zhoukou. She went missing after serving outpatients that day.
Police later confirmed Zhang Fen was killed in her bedroom and discarded in a well nearby.
Zhang Fen's key ring and 300 yuan (US$43.5) were also gone.
Zhang Shaoyou became the only suspect as evidence showed that Hu, who shared the same yard as Zhang Fen, didn't have time to commit the crime.
However, Zhang Shaoyou's sentence was later commuted to a death penalty with a two-year reprieve as the Henan higher court, the court of appeals, found the case still had some problems.
Zhang's family received information on March 10, 2008, that Hu was the murderer, the report said.
Hu and his family moved to Xinjiang Uygur Autonomous Region four days after Zheng Fen's body had been discovered.
Henan police seized Hu on April 23. Hu confessed that he stole Zhang Fen's money and key ring after seeing her for medical treatment. He raped and killed her when he tried to return the key ring to her bedroom as she woke up, the report said.
Hu said he dumped Zhang Fen's body in a well and threw the key ring in another one.
Police picked up the key ring from the well. The keys on the ring could still be used, the report said.
The court terminated Zhang Shaoyou's sentence on May 22 and began to review the case as there had been something wrong in confirming the facts, the report said.
Zhang was granted bail one week later. He had spent about eight years in jail.
Hu was later convicted of murder and sentenced to death by Zhoukou Intermediate People's Court on October 28. The court also ordered Hu to pay Zhang Fen's parents 64,000 yuan in compensation.
Zhang Shaoyou reportedly has hired a lawyer to seek state compensation, the report said.
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