Four years after he was wronged and died, the real murderer suddenly appeared | Strange Case Series 072他蒙冤而死四年之后，真凶突然现身 | 奇案系列072

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Blessings never come, but misfortunes never come singly.

Li He and his brother-in-law Song Haitian are both from Changtu County, Liaoning. In the 1950s, Song Haitian's family first moved to Erguna City. In 1970, Li He and his family defected here, and a few years later opened a second-hand shopping station. Later, Li He opened another buying point, and Li He and his lover Feng Xiaozhi each took care of one.

At around 5:00 pm on December 3, 1997, Li He's eldest son came to the acquisition site where he was located to replace his father and go home for dinner. When Li He got home and entered the door, he saw his wife's head covered in blood, dead on the kitchen floor, with a sheet still tied around her right wrist. Li He was frightened and rushed to call the police, and then called Song Haitian.

At about 7 o'clock in the evening, Song Haitian suddenly received a call from his brother-in-law Li He: "Brother-in-law, Xiao Feng was beaten to death at home, come quickly." Li He's home a mile away. When he stumbled to Li's house, the scene was controlled by the police. Li's wife, Feng, was lying on the ground covered in blood, with a triangular scraper under her body, and the walls of the house were covered with splattered blood. The scene was very bloody.

"I knew the policemen, so I went to see them first, and later made a record. At that time, Li Hequan panicked and couldn't speak fluently. When the police asked if he killed the person, Li He didn't admit it at all. Later, the procuratorate prosecuted Say, Li He killed Xiao Feng."

"Li He and his lover Feng Xiaozhi have always had a good relationship, and they have two sons and a daughter. Li Heping is also in good health. The murder of his lovely man was a big blow to him, and he was mistaken for killing his wife. The murderer. This kind of double blow made Li He unable to bear it at all." Song Haitian, Li He's brother-in-law, recalled.

"When I defended Li He, he once said that the police did not let him sleep for 72 hours, forcing him to admit that he killed his wife Feng Xiaozhi. But Li He only confessed once, and later overturned them all. At the beginning of 1998, lawyer You Shucai of a law firm in Hulunbeier League acted as Li He's defense lawyer. Lawyer You still remembered the case, "I defended Li He's innocence, and the E city court also believed that Li He was innocent. He wanted to release Li He in court, but the procuratorate disagreed and asked to withdraw the case."

According to Lawyer You, at that time the procuratorate arrested Li He on the charge of intentional homicide, and presented two pieces of evidence: fingerprints and bloodstains. The so-called fingerprints were taken from light bulbs and vases in Li He's home. "I said in court that if the light bulb is so high, it is not a man who replaces it. There is nothing wrong with Li He's fingerprints on it. It is more normal to have fingerprints on the vase. Fingerprints will definitely be left when you wipe the vase. Yes." After the fingerprints were completely overturned by Lawyer You, the local procuratorate presented the so-called blood evidence, but after inspection it turned out to be animal blood, and it had nothing to do with Li He. According to common sense, the murder weapon hammer is the most critical physical evidence, but in court, the procuratorate and public security organs claimed that the hammer was lost. In this case, without any evidence to prove that Li He killed his lover Feng Xiaozhi, the procuratorate withdrew the case. But Li He is still in custody and has not been reunited with his family. (This detention time is too long, obviously illegal)

Although Li He has not yet finalized the case, he is still in the detention center. Song Haitian and lawyer You appealed to the High Court twice afterwards, and the High Court entrusted the local court to handle the matter. The matter continued to be delayed. In early 2000, Li He was released on medical parole due to liver cancer, and died on July 23 of the same year.

"Brother-in-law, you have to believe me, I'm wronged, I'm wronged, I really didn't kill Xiao Feng, I didn't kill her." Before dying, Li He cried out for his injustice with tears in his eyes, hoping to wash away his "crime". . Unfortunately, he had no chance to defend himself again.

However, unexpectedly, three years later, the case suddenly took a turn for the better!

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On February 20, 2003, a homicide occurred in Baita Town, Dongling District, Shenyang City. The victim, Feng Zhi, was killed in her own house. Before she died, she was neatly dressed and lying on her side on the bed. There was no sign of a fight in the house. The police believe that this is an acquaintance committing the crime. After careful investigation, the police finally locked their eyes on a person, and this person was Xu Fengcai. The 29-year-old Xu Fengcai is from Heilongjiang. After coming to Shenyang, she has no proper job and lives on the income of her daughter-in-law. The police identified Xu Fengcai as an important suspect based on the two reasons that eyewitnesses had seen Xu Fengcai at the scene before the incident and Xu's whereabouts were unknown after the incident.

At this time, Xu Fengcai had disappeared without a trace, but the police never stopped chasing him. The policemen have been to all the places where Xu Feng was able to stay, but there was no trace of capturing him.

In January 2004, Shenyang Dongling police finally found Xu in Jiagedaqi City, Heilongjiang Province. On January 11, the Criminal Police Brigade of the Dongling Branch of the Shenyang Municipal Public Security Bureau sent elite police forces to Jiagedaqi City. Xu Fengcai hid in the deep mountains and old forests surrounded by heavy snow. Because the mountain road was steep and the mountain was blocked by heavy snow, cars could not drive. The police had to walk 20 kilometers on the mountain road to get there. The policemen who went to carry out the arrest mission did not flinch, took a local guide, set off early in the morning, walked until the sun was about to set, and finally arrived at the mountain where Xu Fengcai was hiding. In a work shed with air leaks everywhere, they captured Xu Fengcai who was sleeping.

Xu Fengcai never dreamed that one day the police in Shenyang would find this almost isolated mountain. So, before he could figure out what to say, he obediently confessed the whole process of his murder. Xu Fengcai's reason for killing Fengzhi was ridiculously simple. It was only because after Xu Fengcai arrived at Fengzhi's house, Fengzhi said something that made Xu Fengcai sound a bit unpleasant, so Xu Fengcai went to murder and cruelly used Fengzhi Wires and fine wire strangled him.

The motive of the murder finally solved all the mysteries at the time of the crime, but it cannot conceal the cruelty in a person's heart. Just one bad word can make a person kill someone. Then, this person must be a demon who kills without blinking an eye, that is to say, it is not the first time he has killed someone. This speculation comes from Chu Handong, the captain of the Supervision Brigade who was a criminal policeman. He always felt that this Xu Fengcai was bold and reckless, with cruel means and reckless, and there was a very high possibility that there were deeper criminal facts hidden in him. In order to prove his conjecture, Chu Handong decided to immediately assign Zhou Wenbo, the deputy team leader who was on duty that day, and four guards to form a digging team, and use the night time to conduct a sudden digging of Xu Fengcai.

Facing such a powerful interrogation force, Xu Fengcai knew that luck and evasion would not let these sharp-eyed policemen give up. So, when the interrogation was going on for three hours, Xu Fengcai confessed the fact that he committed robbery twice in 1998 and 2002. Is this all Xu Fengcai's sinful experience? of course not!

One night in June 2003, Xu Fengcai had an argument with a prostitute in a hotel. In a private room in the hotel, Xu Fengcai killed the prostitute. And one winter six years before this, in order to get money, Xu Fengcai and his cellmate Huang Zhiwu ran to the Labu Dalin Forest Farm in Erguna City, Inner Mongolia, and robbed the female owner of a recycling station. The female boss killed her brutally and stole more than 6,000 yuan.

The news spread to Inner Mongolia as quickly as possible, and people were shocked. The female boss killed by Xu Fengcai was surnamed Feng, but a few years ago, his husband Li He, who was not on good terms with her, had been arrested by the police as a suspect. Not long ago, he had died of a sudden illness. But now, the Shenyang police have captured the real murderer of Feng Mou. What is the hidden story here?

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At this time, before Li He died, Song Haitian, who promised to avenge him, was 69 years old. When he learned that the real culprit of Li He's "wife killing" case might have been captured, he burst into tears.

Song Haitian recalled what happened after Li He was taken away by the police, it really seemed like a lifetime ago. On the night of the incident, after Li He was taken away by the police for two years and eight months, his family never saw him again. statement of the situation.

"At that time, the theory about Li He killing his wife was widely circulated in the society, and someone directly predicted that Li would be sentenced. I didn't believe it at first, but the police didn't disclose his news for a long time, and I panicked."

Elderly Song Haitian said that the family members were going crazy at that time. They didn't know that Li He was listed as an important suspect in the case until early 1998, when they received the arrest warrant for Li He. After calming down, Song felt that something was wrong. Although Li He and his wife occasionally fought, he would not kill her. Song said that when he and Li He's young children were puzzled, the relevant court tried the case, and the court ruled that Li He's killing evidence was not sufficient. After that, the procuratorate withdrew the lawsuit. After that, the family never saw Li He again, until around April 2000, when Li He was released on bail due to illness.

He said that at that time, the family members questioned a question—since the court had determined that Li He had insufficient criminal evidence, why should he be detained? At that time, Song asked the police several times with the above questions, but they never got a positive answer. Song said that in desperation, they had no choice but to hire a lawyer to find the relevant authorities in Inner Mongolia. At this time, Li He was diagnosed with liver cancer and was finally released on bail.

From the photos of Li He before the accident, it can be seen that he is not thin

"Before the accident, Li He was in good health, smart and capable. After he came out, Li He's mental state was very poor, and his body was as weak as someone in his 60s. He kept talking all day about wanting to be innocent. He was wronged." Four Many months later, Li He died of illness.

"Our poor father, you died too unjustly. You were born with nothing but grievances and grievances, but no one helped him share them." Li He's daughter Li Hongyan, sons Li Guoliang and Li Guodong were the ones who heard about the murderer of their mother. When she was arrested in Shenyang, Li Hongyan cried bitterly.

Li Hongyan said that before the accident, her family was a rare happy family in Erguna City. Now, the happy family is torn apart, and the siblings are wandering around, which is very desolate. "The robber owed my mother his life, so who should be responsible for my father's injustice?" She said with dull eyes and a hoarse voice.

Li Guodong said that his parents started contracting a local state-owned purchasing station in the 1980s, and two years before the incident, they had become well-known people in the local area. The acquisition points have expanded to two places, and the debts owed by outsiders have reached hundreds of thousands of yuan. He said that just when his parents were about to do something big, his mother was brutally killed, and the person listed as the main suspect was actually his father. At that time, he was just 20 years old, and he didn't understand many things. Feeling ashamed, unable to hold your head high among your neighbors. "I used to hate my father very much, why did he do that?" Li Guodong said, he only now wants to understand why his father always grits his teeth and shakes his head helplessly whenever he asks whether his father killed his mother .

"At that time, when I heard that the public security organs listed my father as a major suspect in killing my mother, I almost collapsed and even had the idea of death. I hate my father very much, but I feel sorry for him when I see my father is sick, so I have been living in conflict." Li Guoliang said that until today, he didn't know that he was sorry for his father who left unjustly, think about it, if an innocent How would a man feel when he was charged with an "unnecessary" crime, so that after he experienced the pain of his wife's death, he was hit by the betrayal of his relatives? Speaking of this, Li Guoliang's voice began to choke.

On Li Hongyan's body, she always carried the letterhead that her father gave them while he was in custody. She said that this was the most precious inheritance left by her father. Almost every letter has this text: "Children, I did not harm your mother, please believe me, I really did not..." It is understood that after the parents passed away one after another, everything in the family changed immediately, and the business not only Stopping, the debts outside have also come to naught. In order to survive, the Li Guodong brothers let go of sheep and went down a small coal well. In an accident, they almost lost their lives. At present, because of his father's "murderer" name, the second child Li Guodong has not yet married a wife, and others immediately avoid him when they hear his "background".

In the old house of Li He and his wife, the whole courtyard is in a dilapidated and dilapidated scene. The window paper at the scene of Feng’s massacre is floating in fragments. The snow in the courtyard has not been cleared for a long time. The reason is that The two brothers who make a living are often away. Li Hongyan said that at present, she still owes a debt to take care of her parents' affairs. Now, it is very difficult to borrow 10 yuan from relatives and neighbors.

Liu Rui is the husband of Li Hongyan. On April 6, 2000, he was the one who picked up his father-in-law Li He. He said that he had always followed his father-in-law's shrewdness, modesty and self-confidence as an example, but when his father-in-law came out that day, he was a completely different person, needing help when walking, his originally strong and tall body became emaciated, and kept chanting to ask for help. Back to my innocence. Liu Rui said that in order to survive, his father-in-law Li He always ate hard despite the severe pain in his liver. Liu said that his father-in-law was still trying to defend himself as he died because no one believed him.

After going back and forth several times, the author got in touch with Bao Chunming of the Inner Mongolia Autonomous Region People's Procuratorate's Hulun Buir League Branch, the prosecutor who handled the murder of Li and his wife. He said that as far as he knew, the arrest was approved mainly because of Li He's confession. When he filed the public prosecution, he also found that the evidence in the case was a little insufficient, but it was later rejected by the procuratorate. The meeting minutes of this matter are certificate. Bao Chunming said that this case is very alarming.

During the investigation and interview, the author obtained the relevant evidence and materials of Li He’s case through many twists and turns, so as to briefly present the whole process of Li He’s unjust case to the readers:

At around 6:00 p.m. on December 3, 1997, the Erguna Public Security Bureau received a report from Li He, a resident of Labudalin Township, claiming that his wife had died at home with traumatic injuries and that several thousand yuan of money had disappeared. . That night, Li He was taken to the public security organ for investigation.

On December 6, 1997, the Erguna Public Security Bureau detained Li He on suspicion of murder.

On January 12, 1998, the People's Procuratorate of Erguna City formally approved the arrest of Li He.

On April 11, 1999, the Hulun Buir League Branch of the Inner Mongolia Autonomous Region People's Procuratorate filed a public prosecution in the Hulun Buir League Intermediate People's Court of the Inner Mongolia Autonomous Region on Li He's suspected murder case. On March 21, 2000, it was withdrawn because it believed that the facts were unclear and the evidence was insufficient. litigation.

On April 6, 2000, because Li He was found to be suffering from serious liver disease, he was released on bail pending trial. Prior to this, Li He and his family had lodged complaints with relevant departments many times.

On July 26, 2000, Li He was declared dead due to liver disease and respiratory failure.

On August 28, 2000, the Hulunbeier League Branch of the People's Procuratorate of the Inner Mongolia Autonomous Region made a decision not to prosecute Li He in view of his death.

At the end of 2000, Li Guodong, the son of Li He, filed a complaint with the People's Procuratorate of Inner Mongolia Autonomous Region because of his dissatisfaction with the "Decision of Non-Prosecution", demanding that the higher authorities make corrections and restore Li He's innocence.

On March 15, 2004, Xu Fengcai and Huang Zhiwu, the real culprits who killed Li and his wife, were arrested by Dongling Branch of Shenyang Municipal Public Security Bureau. So far, the truth of the case has been revealed.

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Afterwards, the author rushed to the Political and Legal Committee of the Municipal Party Committee. After listening to the author's briefing, a deputy secretary surnamed Li expressed a high degree of concern about the case, and at the same time said that he would immediately intervene in the investigation of the case. If Li He was wronged for six years Once this incident becomes a legal fact, the relevant personnel handling the case will be seriously investigated for their legal responsibilities, and they will never be relentless. When the author asked about some specific legal procedures, Secretary Li said that she had just arrived at this job, and some things were not clear, but she would report the situation reported by the reporter to the supervisor and strictly handle affairs according to the law.

Then, the author came to the E City Public Security Bureau again, and Liu Hui, the deputy director, was interviewed. Director Liu said that regarding the case of Li He, he also made a special trip to find out about the situation from relevant people in the criminal police team, but he only heard the specific details of the case. He said that when the Shenyang Dongling Public Security Bureau arrested Huang Zhiwu, the suspect in the murder of Li and his wife, they cooperated vigorously, and they also knew something about the investigation in Shenyang, so as to bring the real criminals to justice. It is the bounden duty of the police, and he also hopes to see that day.

Director Liu said that as to whether Li He was really wronged and whether it constituted a wrongful case, we have to wait for the court to make a legally effective judgment on the murder of Feng Mou by the criminal suspects Xu Fengcai and Huang Zhiwu. Once Xu and Huang are tried by the court, They will immediately notify Li He's family members who have been identified as the murderer in Feng's case in accordance with the law, and do a good job of explaining.

Erguna City Public Security Bureau

At the same time, Director Liu also stated that if it is verified that the case of Li He was indeed caused by the negligence or omissions of the relevant investigators, they will strictly follow the legal procedures. This includes both administrative responsibility and criminal responsibility. In addition, he said that the state is also obliged to pay corresponding compensation to Li He's family members.

However, what surprised Zijing is that until today, I have not seen the correction of Li He's unjust case and the handling of related personnel, let alone compensation. I hope that friends who know the inside story will slap me in the face!

According to Director Liu Hui, he once heard others talking about Li He's case that Li He once made a confession about killing his wife, and the public security organs and the procuratorate also used this as the main basis for deciding the case.

"Someone once said that Li He shouted injustice during his trial in court. He admitted to killing his wife. He really couldn't stand the torture of the public security organ to extract a confession. What do you think of this issue?"

For the above questions, Director Liu made the following answers. He said that when Li He's case was handled, he had not worked in the criminal investigation department, let alone a specific case investigator. As for the background under which Li He's confession was made, and whether the investigators had used torture to extract a confession? It is difficult for him to explain the means, but one thing is certain, everyone is equal before the law, and the police are no exception. Once the above facts are verified, they will never escape legal sanctions.

During the investigation and visits in the past few days, the author found that the doubts in the case of Li He being wronged mainly focused on the following issues. In what context was Li He's confession made? Did the public security organ use "extraordinary" interrogation methods? Under what background did the procuratorate conduct the arrest and bring the legal proceedings to the court? In addition, and more importantly, why did the procuratorate who had already prosecuted Li He suddenly withdraw the case?

In this regard, the author once again interviewed relevant persons from the public security, procuratorate, and law departments on the above-mentioned issues. The author found Bao Chunming, the chief prosecutor again, and Bao answered the author's related questions.

He said that Li He was arrested by the E City Procuratorate, and then the case was transferred to him. After checking the files sent by the E City Public Security Bureau in detail, he found that the main evidence in the case was Li He himself. For this reason, he twice returned the file to the public security organ for supplementary investigation on the grounds of insufficient evidence.

Bao said that at that time, he found that the main explanation of the police in the file was that Li He often played mahjong with young women outside. The day before, he played mahjong with two women and a man and did not return all night, but Bao thought it was difficult to decide the case based on the above aspects alone, so he reported the case to the procuratorial committee of the court. Finally, the procuratorial committee made a decision to prosecute through discussion Decide.

Bao Chunming said that during the court trial, he and the presiding judge believed that there were still many doubts in the case of Li He’s murder of his wife, especially the weak evidence. Therefore, they made a decision to withdraw the prosecution and decided to continue to supplement scouting. He said that with the deepening of the investigation, he felt that there were many doubts in the case, especially Li He shouted in court that the public security department tortured and extorted a confession. deny.

According to Bao Chunming, after careful investigation and consultation with relevant leaders, when they were ready to make a decision not to prosecute Li He's wife-killing case, Li He had already passed away due to illness.

Afterwards, after many searches, the author finally met the presiding judge of the Li He case, Yu Keping, who is currently the president of the People's Court of Hailar District, Hulunbuir City. He said that after the procuratorial organ prosecuted Li He, the collegial panel members with him as the presiding judge conducted a detailed court trial and post-court investigation and wanted to make a verdict of not guilty for Li He. Dean Yu explained in detail:

First of all, the conclusion of the identification of the murder weapon was not consistent with the relevant evidence extracted at the scene, so it was impossible to form a complete chain of evidence for finalizing the case;

Secondly, after careful investigation of the informed public, they found that Li He did not have the time to commit the crime;

Again, based on Li He’s confession and his frequent mahjong games with young women, it is concluded that Li He’s subjective aspect of killing his wife is very weak, based on the fact that there is confusion and insufficient evidence, so they are ready to make the above decision .

"Just when the acquittal verdict was about to be issued, the procuratorate suddenly decided to withdraw the lawsuit on the grounds that it would continue to supplement the investigation." During the trial, based on Li He's grievances and other signs, they The possibility of extorting a confession by torture by the public security organs is not ruled out. For this reason, the collegial panel once questioned the investigators. Although the other party issued a written certificate denying it, but he himself proved that he did not make a mistake. After all, his credibility would be greatly reduced.

"The case of Li He is about a life and a family. The law is the bottom line of a civilized society. If I hadn't grasped that barrier at that time, I would have become a sinner through the ages." I heard the author mention the murder of Li He's wife When the new investigation progressed, Dean Yu Keping let out a long sigh of relief.

Dean Yu Keping said that the murder case of Li He and his wife caused a lot of repercussions at the time, probably because Li He was a relatively well-known self-employed in the local area, so the public security organs were also under great pressure to solve the case. In order to quickly solve the case, the local police invested a lot of power. After Li He was identified as a murder suspect, the relevant investigators were also rewarded (the author has also confirmed this matter from Li He's relatives), so he I feel that the police are eager to finalize the case as soon as possible, so when I was trying the case, I was also under great pressure.

"Should we settle the case quickly and give people some sympathy, or should we strictly control the case and make it an iron case, and be responsible to the law and the people?" Dean Yu said that he had had a fierce ideological struggle. In the end, he chose the latter. He said that this is also the reason why he can sit as a judge today. The people give you rights, and you have to be responsible to the people. Otherwise, you will not only lose your qualifications as a judge, but also lose the fundamentals of being a human being.

Dean Yu said that a wrong trial is far more serious than a crime. You hold the power of life and death in your hands, but behind you are a pair of eyes that examine and hope for justice. Li He's case is just one of many cases. Therefore, it is equally important for law enforcement officers to correct their mentality and professional quality. It was also a watershed moment, he said.

After hearing the new progress in the murder of Li and his wife, Prosecutor Bao Chunming expressed his joy from the heart, but at the same time felt regretful. He said that it is the sacred mission entrusted by the law to the law enforcement officers, and it also clears up Li He's grievances. The successive deaths of Li He and his wife have devastated several children who are new to the world and a family. They all endured unimaginable pressure. Without that experience, I believe they would be fine now. He added that if Li and his family applied for state compensation, the procuratorate would also count it. Liu Hui, deputy director of the Erguna City Public Security Bureau, said that as long as you are still a law enforcement officer, sitting in your seat and writing your name on sacred legal documents, you should bear all consequences for your actions. He said that emphasizing facts and evidence, and handling cases objectively and fairly are the obligations and the bottom line that every law enforcement officer should fulfill.

Although the above-mentioned leaders of the public security bureau have expressed their views, it is still difficult to find the follow-up situation of Li He's case on the Internet.

 1

福无双至，祸不单行。

李和和他的姐夫宋海田，都是辽宁昌图县人。上世纪50年代的时候，宋海田一家先搬到额尔古纳市。1970年，李和一家投奔而来，几年后开了一家旧物收购站。再后来，李和又开了一家收购点，李和和爱人冯晓芝一人管一个。

1997年12月3日下午5时许，李和的大儿子来到他所在的收购点替换父亲回家吃饭。李和回到家一进门就看见妻子头部满是血迹，死在厨房的地上，右手腕处还缚着床单。李和吓坏了，急忙报警，之后便给宋海田打电话。

晚7时许，宋海田突然接到小舅子李和的电话：“姐夫，小冯被人打死在家里了，你快来吧。”当时宋海田正在做饭，急忙关火带着儿子跑到一里地以外李和的家。当他跌跌撞撞地赶到李家时，现场已被警方控制，李妻冯某满头是血地躺在地上，身下有个三角刮刀，屋子的墙上满布喷溅状的鲜血，场面十分血腥。

“我认识那些警察，就先进去看了，后来还做了一份笔录。当时李和全慌了，说话也不流利，警察问是不是他杀的人时，李和根本不承认。后来，检察院就起诉了，说李和杀了小冯。”

“李和和爱人冯晓芝的感情一直不错，膝下还有两儿一女。李和平时的身体也很健壮，可爱人被人杀害对他打击太大了，而他还被误认为是杀害自己妻子的凶手。这种双重打击让李和根本没法承受。”李和的姐夫宋海田回忆道。

“在我为李和辩护时，他曾经说过，警察72小时不让他睡觉，迫使他不得不承认是自己杀了妻子冯晓芝。但李和只承认过惟一的一次，再后来全部推翻了。”1998年初，呼伦贝尔盟某律师事务所尤树财律师担当李和的辩护律师，尤律师对此案记忆犹新，“我为李和做的是无罪辩护，额市法院也认为李和无罪，想当庭释放李和。可是检察院不同意，要求撤诉。”

据尤律师介绍，当时检察机关是以故意杀人罪对李和实施的批捕，并提出两项证据：指纹和血迹。所谓的指纹，是在李和家中的灯泡和花瓶上采下的。“在法庭上我就说，灯泡那么高，谁家不是由男的来换哪，那上边儿有李和的指纹无可非议，花瓶上有指纹就更正常了，在擦花瓶时肯定会留下指纹的。”指纹一证，被尤律师完全推翻后，当地检察机关又提出了所谓的血迹证据，但经过检验竟是兽血，跟李和更扯不上任何关系。按照常理，行凶的凶器铁锤才是最关键的物证，但是在法庭上，检察机关和公安机关则称铁锤丢失了。就在这样没有任何证据证明是李和杀了爱人冯晓芝的情况下，检察院撤诉。但李和仍然被羁押，没有和家人团聚。（这羁押时间也太长了，明显违法）

虽然李和并未定案，但是人还在看守所，宋海田和尤律师两人事后又向高院申诉两次，高院都委托当地法院处理，事情就这样一拖再拖。2000年初，李和因肝癌被保外就医，同年7月23日病逝。

“姐夫，你要相信我，我冤啊，我冤啊，我真的没杀小冯，我没杀她。”临死前，李和流着眼泪连声喊冤，希望洗掉自己的“罪名”。可惜，他没有机会再为自己辩白了。

然而，令人没有想到的是，三年之后，案件突然有了转机！

2

2003年2月20日，沈阳市东陵区白塔镇发生一起杀人案。被害人凤枝被人杀死在自家屋里，临死前她衣着整洁，侧卧在床上，屋里没有任何打斗的迹象。警方认定这是熟人作案。经过细致的排查，最终警方把目光锁在了一个人的身上，这个人就是徐凤才。今年29岁的徐凤才是黑龙江人，来沈阳后，没有正当职业，靠媳妇的收入生活。警方是根据案发前目击证人在现场见到过徐凤才，以及案发后徐去向不明这两个理由，将徐凤才确定为重要嫌疑人的。

这个时候，徐凤才已经跑得无踪无影，警方却从没停止过对他的追查。凡是查到的徐凤才能落脚的地方，民警们都去过，可就是没有捕获他的一点蛛丝马迹。

2004年1月，沈阳东陵警方在黑龙江省加格达奇市终于觅到了徐的踪影。1月11日，沈阳市公安局东陵分局刑警大队派精干警力赶到加格达奇市。徐凤才躲在被大雪包围的深山老林里，由于山路陡峭，大雪封山，汽车没办法行驶，民警们必须步行20公里的山路才能到达。前去执行抓捕任务的民警没有退缩，带上一个当地的向导，清晨出发，直走到太阳快落山，终于到了徐凤才藏匿的大山里。在一个四处漏风的工棚内，将正在睡梦中的徐凤才抓获。

徐凤才做梦都没有想到，有一天沈阳的警察会找到这个几乎与世隔绝的大山里。于是，在他还没想好措辞的情况，就乖乖地供述了他杀人的全过程。徐凤才杀死凤枝的理由简单得有些可笑，仅仅是因为徐凤才到凤枝家后，凤枝说了一句让徐凤才听起来有些不太悦耳的话，于是徐凤才便大动杀机，残忍地将凤枝用电线和细铁丝活活勒死。

杀人的动机最终破解了案发时的种种谜团，但是它却无法掩饰一个人内心的凶残。仅仅是一句不中听的话，就能让一个人动手杀人。那么，这个人一定是一个杀人不眨眼的恶魔，也就是说，他不是第一次杀人。这样的推测，出自干刑警出身的监管大队大队长初汉东。他总是觉得这个徐凤才胆大妄为，手段凶残，不计后果，在他的身上极有可能还隐藏着较深的犯罪事实。为了证实自己的推测，初汉东决定，立即指派当天值班的周文博副大队长及四名管教员组成了深挖小组，利用夜间的时间，对徐凤才进行深挖突审。

面对如此强大的审讯力量，徐凤才知道侥幸与逃避都不会让这些火眼金睛的警察善罢甘休的。于是，在审讯进行到三个小时的时候，徐凤才交代了曾经于1998年及2002年，两次实施抢劫犯罪的事实。这就是徐凤才的全部罪恶的经历吗？当然不是！

2003年6月的一个晚上，徐凤才在一家酒店，因与一位卖淫女发生口角，在酒店内的一间包房内，徐凤才将卖淫女杀死。而在此六年之前的一个冬天，徐凤才为了弄到钱，和狱友黄志武跑到内蒙古额尔古纳市拉布大林林木场，抢劫了一个旧物回收站的女老板，逃跑的时候，他将女老板残忍杀害，抢走人民币6000余元。

消息以最快的速度传到了内蒙古，人们都惊呆了。被徐凤才杀死的女老板姓冯，可是几年以前，他那与她关系不太和睦的丈夫李和已经被警方作为犯罪嫌疑人抓了起来。前不久，他已经暴病身亡了。而如今，沈阳警方又抓获了杀害冯某的真凶，这里究竟有什么隐情呢？

3

此时，在李和临死前，答应给他伸冤的宋海田已经69岁了。当得知李和“杀妻”案的真凶可能已经被抓获，他是老泪纵横。

宋海田回忆起李和被警方带走后的事情，真的是恍如隔世。事发当晚，李和被警方带走后长达两年零八个月的时间里，家人再也没有见到他，每次家里人去相关部门询问时，都会得到案子没有结、不能透露具体情况的说法。

“当时，关于李和杀死老婆的说法在社会上广为流传，而且有人直接预言李就要被判刑了，开始我有些不信，可警方迟迟不透露他的消息，我也慌了。”

宋海田老人说，当时家里人都要急疯了，直到1998年初，他们接到对李和下达的逮捕令，才知道李被列为案件的重要嫌疑人。冷静下来后，宋感觉到事情不对头，虽然李和与妻子偶尔打架，但他也不至于杀妻呀。宋说，正当他及李和的几个年幼的孩子困惑不解时，相关法院对此案进行了审理，法庭做出了李和杀人证据不足不予认定的裁决，此后，检察院撤回诉讼。此后，家人再也没有见到李和，直到2000年4月份前后，李和因病被取保候审。

他说，当时家人都质疑一个问题——既然法院已经认定李和犯罪证据不足为何还要进行羁押？当时，宋带着上述问题多次找过公安，可是均未得到正面回答。宋说，无奈之下，他们只好聘请律师就此事找到内蒙古相关部门，正在此时，李和被诊断出患有肝癌，终于被取保候审。

出事前的李和照片，看得出他并不瘦弱

“出事前的李和身体健康、精明能干，出来后，李和的精神状态很差，身体虚弱得像60多岁的人一样，整天念叨要讨清白，自己是被冤枉的。”四个多月后，李和因病去世。

“我们可怜的爸爸，你死得太冤了，你生前承载的除了冤屈还是冤屈，可却没有一个人帮他分担。”李和的女儿李鸿雁、儿子李国梁和李国栋当听说杀害母亲的凶手在沈阳落网时，李鸿雁失声痛哭。

李鸿雁说，出事之前，她家是额尔古纳城里少有的幸福家庭，如今，美满的家庭支离破碎，姐弟几个四处飘零，凄凉不已。“抢劫的凶手欠了妈妈一条命，那么，谁又应该为爸爸的含冤而去负责呢？”她目光呆滞、嗓音沙哑地说。

李国栋说，他的父母从上世纪80年代开始承包当地的一家国营收购站，到事发的前两年，已经成为当地很有名气的人了，由于诚实经营、加之精明肯干，不但将废品收购点拓展至两处，外人欠下的债务已经达到几十万元。他说，正当父母准备大干一番时，母亲却被人残忍地杀害，而被列为重点怀疑对象的人竟是父亲，那时，他刚20岁，很多事情都不懂，既难过又感觉羞愧难当，在邻里之间抬不起头。“我曾经很恨自己的父亲，他为什么要那样做呢？”李国栋说，他现在才想明白，每当他询问爸爸是否害死母亲的问题时爸爸为何总是紧咬牙关无助摇头的原因。

“当时，听说公安机关把爸爸列为杀害母亲的重大嫌疑人时，我都快崩溃了，甚至产生了死的想法，可是，转念一想又觉得不可能。一想起母亲死的样子我们就很恨父亲，可看到父亲生病的样子又很心疼他，因此，我一直生活在矛盾中。”李国梁说，直到今天，他才知道对不起含冤而去的父亲，想一想，如果一个清白的人被强加上一个“莫须有”罪名，致使他在体会亡妻之痛后，又遭受众叛亲离的打击会有怎样的感受?说到这里，面容憔悴的李国梁声音开始哽咽。

在李鸿雁的身上，随时带着父亲在押期间捎给她们的信笺，她说这是父亲留给大家最珍贵的遗产了。几乎每封信笺之中都有这样的文字：“孩子们，我没有害你们的妈妈，请相信我吧，真的没有……”据了解，父母相继离世后，家里的一切立刻转变，生意不但停下，外面的欠债也成了泡影，为了生存，李国栋兄弟俩给人放过羊，下过小煤井，一次意外中，他们还险些葬送了性命。目前，因为背着父亲“杀人犯”的名头，老二李国栋至今仍未娶妻，别人一听他的“背景”马上就躲开了。

李和和妻子家的老屋，整个院子呈现出萧条破败的景象，冯某被残杀现场的窗户纸在支离破碎地飘荡着，院子里的积雪已经很长时间没人清理了，原因是，为了谋生的兄弟俩经常在外。李鸿雁说，目前，为父母料理后事还欠下一笔债务，现在，向亲属和邻里借10元钱都很难了。

刘锐是李鸿雁的丈夫，2000年4月6日，是他接岳父李和出来的。他说，自己向来以岳父的精明、谦和和自信为榜样，可是，当日岳父出来时，完全成了另一个人，走路需要人搀扶，原来健壮高大的身躯变得瘦骨嶙峋，不停地念叨要讨回自己的清白。刘锐说，岳父李和为了撑下去总是不顾肝部的剧烈疼痛努力地吃饭，目的是养好身体，洗清不白之身。刘说，由于没人相信他，岳父在临终时还在做着努力申辩的样子。

辗转几番后，笔者与李和妻子被杀案的办案检察官——内蒙古自治区人民检察院呼伦贝尔盟分院的包春明取得了联系。他说，据他了解此案批准逮捕时，主要是因为有李和的口供，提起公诉时，他也发现此案证据有点不足，但后来被院检委会否了，此事有会议记录为证。包春明说，此案是非常值得警醒的。

在调查采访过程中，笔者几经周折拿到了李和一案的相关证据和材料，借此将李和被冤案的全过程简明地呈现给读者：

1997年12月3日下午6时左右，额尔古纳公安机关接到拉布大林镇居民李和的报案，称其妻子死在家中，身上有外伤，家里的几千元钱不翼而飞。当晚，李和被带到公安机关接受调查。

1997年12月6日，额尔古纳市公安局因涉嫌杀人将李和刑事拘留。

1998年1月12日，额尔古纳市人民检察院正式对李和批准逮捕。

1999年4月11日，内蒙古自治区人民检察院呼伦贝尔盟分院就李和涉嫌杀人一案向内蒙古自治区呼伦贝尔盟中级人民法院提起公诉，2000年3月21日，但因认为事实不清、证据不足而撤回诉讼。

2000年4月6日，因李和被检查出患有严重的肝病，被准予取保候审，此前，李和及家人曾多次向相关部门提出申诉。

2000年7月26日，李和因肝病和呼吸衰竭医治无效，被宣告死亡。

2000年8月28日，内蒙古自治区人民检察院呼伦贝尔盟分院鉴于李和已死亡，对其做出不起诉决定书。

2000年年底，李和之子李国栋因对《不起诉决定书》不服而向内蒙古自治区人民检察院提起申诉，要求上级机关予以更正，还李和清白。

2004年3月15日，沈阳市公安局东陵分局将杀害李和妻子的真凶徐凤才和黄志武全部缉拿归案，至此，此案真相大白。

4

随后，笔者赶到额市委政法委，一位李姓副书记在听取笔者的情况介绍后，对此案表示出了高度的关注，同时表示立即介入此案的调查，如果李和被冤六年一事一旦成为法律上的事实，将严肃追究相关办案人员的法律责任，决不手软。当笔者问及一些具体的法律程序时，李书记说她刚到这个工作岗位不久，有些事情还不太清楚，但她会将记者通报的情况向主管领导汇报，严格依法办事。

接着，笔者再次来到额市公安局，副局长刘辉接受了采访。刘局长说，关于李和一案，他也专程找过刑警队的相关人士了解过情况，但对于案件的具体细节都是听来的。他说，沈阳市东陵公安分局抓捕李和妻子被杀案的犯罪嫌疑人黄志武时，他们进行了大力的配合，关于沈阳方面的侦破情况也了解一些，将真正的犯罪分子绳之以法是警察的天职，他也希望看到那一天。

刘局长说，关于李和是否真的被冤、是否构成错案，要等待法院对犯罪嫌疑人徐凤才和黄志武杀害冯某一案做出发生法律效力的判决，一旦徐、黄二人经过法庭审理，被依法确定为冯案的凶犯，他们将立即通知李和的家属，做好解释工作。

额尔古纳市公安局

同时，刘局长还表示，如果一旦查实，李和案确由相关办案人员的疏忽或纰漏导致，他们将严肃依照法律程序办事，无论涉案人员身在何方，都要根据具体的情节追究其责任，这其中既包括行政责任也包括刑事责任，另外，他表示国家也有义务对李和的家属支付相应的赔偿。

然而，令子敬惊讶的是，直至今日，我也没有看到对李和冤案的纠错以及对相关人员的处理，更别说赔偿了，希望了解内情的朋友打脸我！

据刘辉局长介绍，他曾经听别人在谈及李和一案时说，李和曾经对自己杀妻一事做过一次供述，公安机关和检察院也是据此为主要定案依据的。

“有人曾经说过，李和在法庭对其进行审判时曾经大喊冤枉，其承认杀妻，实在是无法忍受公安机关的刑讯逼供了，对于这个问题，您是怎么看的？”

对于上述问题，刘局长做出了如下的回答。他说，李和一案当年在办理时，他还没有到刑侦部门工作，更不是具体的办案人员，至于李和的供述是在什么背景下做出的、办案人员到底是否采取过刑讯逼供的手段，他很难说清，但有一点是可以肯定的，法律面前人人平等，警察也不例外，假如一旦有上述事实查实，绝不会逃过法律的制裁。

在连日来的调查走访中，笔者发现，李和被冤一案中疑点主要集中在以下的几个问题。李和的供述是在什么背景下做出的呢？公安机关是否采用了“超常规”的审讯手段呢？检察机关又是在什么背景下进行的批捕和向法院提起公诉法律程序的呢？另外，更为重要的是，已经对李和提起公诉的检察机关为何又突然撤诉呢？

对此，笔者再度就上述问题分别走访了公、检、法等部门的相关人士。笔者再次找到了主诉检察官包春明，就相关问题，包向笔者做出了解答。

他说，对李和实施批捕的是额市检察院，随后，案件就被移送到了他的手中，他详细地查看了额市公安局送来的卷宗后发现，案件最主要的证据是李和本人的一次口供，为此，他曾两次以证据不足为由，将卷宗退回公安机关补充侦查。

包说，当时，他发现公安在卷宗中主要阐释的李和涉嫌杀妻的主观方面是李经常在外和年轻的女子打麻将，为此，夫妻双方经常发生一些争执，特别是李和在案发前一天，与两女一男打麻将彻夜未回，但包认为光凭上述方面很难定案，于是他将此案向院检委会做了汇报，最后，检委会通过讨论做出了起诉的决定。

包春明说，在法庭审理阶段，他和主审法官经过讨论认为，李和杀妻一案仍存在诸多疑点，特别是证据很薄弱，为此，他们做出了撤回起诉的决定，决定继续补充侦查。他说，随着调查的深入，愈发感觉到案件的疑点很多，特别是李和在法庭上大喊公安部门刑讯逼供，为此，他专程找到办案的公安民警调查过，当时，被公安民警否认。

据包春明介绍，经过细致的调查和向相关领导请示，他们已经准备对李和杀妻案做出不起诉决定时，李和却已因病去世。

随后，笔者经过多方查找，终于见到了李和一案当时的主审法官——现任呼伦贝尔市海拉尔区人民法院院长的于克平。他说，当时检察机关对李和提起公诉后，由他任主审法官的合议庭成员进行了详尽的庭审和庭后调查后欲对李和做出无罪的判决。于院长详细阐释:

首先，对凶器的鉴定结论和现场提取的相关证据不一致，由此，无法形成定案的完整的证据链条；

其次，经过他们对知情群众细致调查后发现，李和不具备作案的时间；

再次，光凭李和一次口供以及他经常与年轻女子打麻将为由，断定李和存在杀妻的主观方面很薄弱，基于事实存在混淆不清、证据也不足，所以他们才准备做出上述决定。

“正当无罪判决即将做出时，听到风声的检察机关突然做出撤回诉讼的决定，理由是继续补充侦查。”于院长说，庭审时，基于李和的喊冤和其他的迹象，他们不排除公安机关存在刑讯逼供的可能，为此，合议庭曾经询问过办案人员，虽然对方出具书面证明予以否认，但自己证明自己没有犯错误，可信度毕竟要大打折扣。

“李和一案关乎的是一条人命和一个家庭，法律是文明社会的最后底线，如果当时我没有把住那道关，就成了千古罪人。”听笔者提及李和之妻被杀案新的侦破进展时，于克平院长长长地舒了一口气。

于克平院长说，李和妻子被杀一案在当时产生了很大反响，原因可能是李和是当地较有名气的个体户，所以，公安机关的破案压力也很大。为了快速侦破此案，当地警方投入了很大的力量，李和被锁定为杀人嫌疑人后，相关办案人员还受到了嘉奖（此事笔者在李和亲属口中也得到过证实），因此，他感觉公安迫切地希望尽快定案，所以，自己当年在审理该案时，也是顶着巨大压力的。

“是迅速定案，给人一些情面，还是严格把关，把案子办成铁案，对法律负责，对人民负责呢？”于院长说，他曾经做过激烈的思想斗争，最后，他选择了后者。他说，这也是自己今天能坐在法官位置上的原因，人民赋予你权利，你就要对人民负责，反之，自己不但会丧失法官资格，也会丧失做人的根本。

于院长说，一起错误的审判远比一次犯罪要严重得多，你手里掌握着生杀予夺的大权，背后则是一双双审视和企盼公正的眼睛，李和一案只是诸多案件的一桩，因此，执法者摆正心态和业务素质同样重要。他说，这也是一道分水岭。

听到李和妻子被杀一案有了新的进展后，包春明检察官表现出发自内心的喜悦的同时，又感觉很遗憾。他说，让违法者得到严肃的惩罚是法律赋予执法者的神圣使命，同时也洗清了李和的冤屈，李和与妻子的相继离世给几个初谙世事的孩子和一个家庭以毁灭性的打击，他们都承受常人难以想象的压力，如果没有那段经历，相信现在会很好。他又补充说，如果李和家属申请国家赔偿的话，检察机关也会算一份。额尔古纳市公安局副局长刘辉说，只要你还是执法者，坐在自己位置上，在神圣的法律文书上写下自己的名字，就应该为自己的行为承担一切后果。他说，重事实、重证据，客观公正地办案是每一个执法者应尽的义务也是应遵循的底线。

上述几位公检法领导虽然都表态了，但李和案件仍然难以在网上查到后续情况，