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| 聂案律师完成阅卷 六处聂树斌签名可能非本人 |
| 2015-3-20 |
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来源：齐鲁晚报
3月17日，在山东省高级人民法院，聂树斌案申诉代理律师向负责复查工作的合议庭法官(右一)转达聂树斌母亲张焕枝的意见。新华社发
18日下午，聂树斌案申诉代理律师李树亭和陈光武结束为期两天的阅卷，17本案卷均已完成拍照复制。粗略阅卷过程中，代理律师已经发现诸多疑点：多处聂树斌签名涉嫌造假；聂树斌并未供述案发现场有一串钥匙；侦查卷中只有口供、证人等，并无精斑等客观证据。接下来，两位律师将仔细查阅、整理案卷。
疑点1
六处聂树斌签名可能非本人
18日，聂树斌案申诉代理律师李树亭说，17日晚，他们阅卷回来后，又粗略地阅了一下这些卷。
他澄清，聂树斌案存在重大的程序问题，这个程序问题主要是指，聂树斌案卷中有至少六处聂树斌的签名涉嫌造假，并非其本人笔迹。
“第一处是送达起诉书笔录。”李树亭说，因为法院在开庭前要给被告人送达一份起诉书，然后给他做一份笔录，让他签收，证明他已经收到了。聂树斌案件的一审阶段，在送达起诉书的笔录上，被送达人聂树斌的签字不是其本人笔迹。
李树亭说，在送达起诉书笔录的同时，有个送达回证，收到后必须签上名字，这个受送达人的签名也不是聂树斌本人，“写着他的名字，但不是他的笔迹。”
“石家庄中级法院一审的审判笔录上，签名也不是聂树斌本人的笔迹；判决书的送达回证上也不是其本人的签名。”李树亭还说，在聂树斌被执行死刑之前，二审刑事判决书的送达回证和验明正身的笔录上，也不是聂树斌所签。
疑点2
法院卷宗有篡改缺页
为何如此肯定签名涉嫌造假？李树亭解释，他前后对比了聂树斌在侦查阶段供述的笔录上的签字和上述法律文书上的签字，又专门请聂树斌的母亲张焕枝和聂树斌的姐姐聂树慧做了辨认，两人均表示法律文书上不是聂树斌的签字。于是，李树亭推测，这些法律文书要么是别人代签的，要么是后补的。
不过，另一位申诉代理律师陈光武比较谨慎，认为笔迹有必要进行司法鉴定。李树亭特别提到，这些他认为涉嫌造假的笔迹，仅涉及一审和二审，没有涉及原始侦查卷宗。
“有一点可以公开负责任地说，聂案侦查卷即原始卷是完整的，尽管很多纸张发黄，有些地方有破损，但没有撤、改、换、拆，136页的编号、封条、页码、原始材料看不出重新组装的任何痕迹。”陈光武强调，20年间，这一卷宗在不同法院间传递并经手多人，能保存如此完好，实属幸运。
陈光武17日接受采访时说，“除136页侦查卷外，个别卷有瑕疵或缺陷，现在还不便做具体说明”。18日，他进一步说明，“法院的卷宗有缺陷，篡改的、涂改的、页码混乱的、大面积缺页的，惨不忍睹，这个缺陷比李律师说得还严重，但暂不方便详细透露。”
疑点3
王书金称案发现场有钥匙，聂树斌没提过
李树亭说，在王书金案件的审理阶段，他通过公开报道获知(不是从王书金卷宗中得知)，王书金供述了案发现场有一串钥匙这个事实，“但是我17日晚上阅卷时发现，聂树斌没有供述这串钥匙的相关事实。”
李树亭据此认为，聂树斌没有供述这串钥匙，表明王书金作案的可能性要大得多。
李树亭所讲的这串钥匙，在2013年7月王书金案第三次二审开庭时一度被视为关键证据。王书金在广平县公安局侦查期间供述：“还有一串钥匙，我觉得没有用，就没有拿。钥匙放在女的西边的地上。”而被害人的丈夫侯某、同事余某也说，“(康某)出事前手上用橡皮筋套着一串钥匙”，现场勘查笔录也记录，“左脚西侧偏南30厘米处有一串钥匙。”
李树亭说，被害人康某的父亲曾向他提起过有这串钥匙，称破案后他去公安局送锦旗时，警方将钥匙归还给了他。
最初负责侦办王书金案的河北省广平县一位办案民警向媒体回忆时也曾提到，王书金独立供述出现场遗留的一串钥匙，这与现场勘验高度吻合，若非亲历，不可能知道。
疑点4
聂树斌被抓前的无罪供述没放进卷宗
虽然陈光武认为聂树斌案原始侦查卷保存很完整，但他同时认为这个卷宗太少了，“20年前一个强奸杀人犯被执行死刑，侦查卷的程序、证据加起来136页，3个卷宗加起来不超过300页，以我30年的刑事辩护经验，这个卷宗质量是不高的。”
陈光武说，136页案卷里仅有聂树斌的口供、现场证人提供的证词等，并没有精斑、DNA检验等客观证据。“一旦口供拿掉，就什么都没有了。按现在的证据要求来说，根本过不了关。”
此外，陈光武还发现了一个“十分不正常”的地方：抓聂树斌的前7天没有材料。“10月1日第一份有罪供述里面有句话：‘我以前说的是假话，我对
不住政府。’这说明原来是有无罪供述的材料的，那么材料为什么不往里面放？无罪辩解是不能脱离卷宗的，可以不采信，但必须放进去。”陈光武称。
代理律师：
阅卷完成后若想再核实 山东高院表示没问题
17日阅卷首日，陈光武就在微博上为山东高院点赞，18日，他告诉记者，山东高院这次对律师全部开放卷宗，历史意义有三点：第一，说明山东高院对聂树斌案的复查确实放在阳光下了，消除了公众对聂树斌案程序上的担心；第二，目前，律师在再审代理阅卷上阻力重重，这次阅卷或许将带来更多推动；第三，我国刑事诉讼法一直没有对律师代理刑事诉讼阅卷问题做明确的规定和相关司法解释，山东高院这次全面放开律师阅卷，有利于推进全国人大、最高人民法院和最高人民检察院充分考量，做出相关立法。
18日下午，结束阅卷的李树亭告诉记者，在阅卷室，他和陈光武律师已经就案件的关键情节和证据做了交流，但是目前不方便透露细节。接下来，他们将各自回去咨询、查阅卷宗，然后充分沟通交流，尽快整理出完备的代理词。
“山东高院已经明确告知我们，阅卷完成后，如果还有想进一步核实的地方，还可以再回来阅卷，完全没有问题。”李树亭说。
转载自中国新闻网法治频道 |
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meiqing 发表评论: ( 2015-3-23 14:52:39 )
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linda 发表评论: ( 2015-4-2 11:15:43 )
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n returning to the kitchen to go on with her work, the exhaustion against which Marie had hitherto fought successfully, overpowered her the moment she sat down; her heavy head drooped, her eyes closed in spite of her, and she fell into a broken, uneasy slumber. Madame Duparc and her daughter, seeing the condition she was in, undertook the preparation of the day??s dinner themselves. Among the dishes which they got ready, and which they salted from the cellars on the dresser, were two different kinds of soup ?? one kind for themselves, made from fresh ??stock???? ?? the other, for Marie and the nurse, made from old ??stock.?? They were engaged over their cookery, when Monsieur Duparc arrived from the country; and Marie was awakened to take the horse he had ridden to the stables, to unsaddle the animal, and to give him his feed of corn. While she was thus engaged, Madame Duparc and her daughter remained alone in the kitchen. When she left the stable, it was time for her to lay the cloth. She was told to put plates for seven persons. Only six, however, sat down to dinner. Those six were, Madame De Beaulieu, Monsieur and Madame Duparc, the youngest of their two sons, Madame Beauguillot (sister of Madame Duparc), and Monsieur Beauguillot (her son). Mademoiselle Duparc remained in the kitchen to help Marie in serving up the dinner, and only took her place at table after the soup had been put on. Her elder brother, after summoning his father home, had not returned to the house.
After the soup had been taken away, and while Marie was waiting at table during the eating of the second course, young Duparc complained that he felt something gritty between his teeth. His mother made precisely the same remark. Nobody else, however, agreed with them, and the subject was allowed to drop. When the second course was done with, the dessert followed, consisting of a plate of cherries. With the dessert there arrived a visitor, Monsieur Fergant, a relation of Madame Duparc??s. This gentleman placed himself at table with the rest of the company.
Meanwhile, the nurse and Marie were making their dinner in the kitchen off the soup which had been specially provided for them ?? Marie having previously placed the dirty plates, and the empty soup-tureen from the dining-room, in the scullery, as usual, to be washed at the proper time. While she and her companion were still engaged over their soup, young Duparc and his mother suddenly burst into the kitchen, followed by the other persons who had partaken of dinner. ??We are all poisoned!?? cried Madame Duparc, in the greatest terror. ??Good heavens! I smell burned arsenic in the kitchen!??
Monsieur Fergant, the visitor, hearing these last words, politely stepped forward to echo them. ??Burned arsenic, beyond a doubt,?? said Monsieur Fergant. When this gentleman was subsequently questioned on the subject, it may not be amiss to mention that he was quite unable to say what burned arsenic smelled like. Neither is it altogether out of place to inquire how Madame Duparc happened to be so amazingly apt at discovering the smell of burned arsenic? The answer to the question does not seem easy to discover.
Having settled that they were all poisoned, and having even found out (thanks to those two intelligent amateur chemists, Madame Duparc and Monsieur Fergant) the very nature of the deadly drug that had been used to destroy them, the next thing the company naturally thought of was the necessity of summoning medical help. Young Monsieur Beauguillot obligingly ran off (it was apparently a very mild case of poisoning, so far as he was concerned) to the apothecary??s shop, and fetched, not the apprentice this time, but the master. The master, Monsieur Thierry, arrived in great haste, and found the dinner-eaters all complaining of nausea and pains in the stomach. He naturally asked what they had eaten. The reply was, that they had eaten nothing but soup.
This was, to say the least of it, rather an unaccountable answer. The company had had for dinner, besides soup, a second course of boiled meat, and ragout of beef, and a dessert of cherries. Why was this plain fact concealed? Why was the apothecary??s attention to be fixed exclusively on the soup? Was it because the tureen was empty, and because the alleged smell of burned arsenic might be accounted for on the theory that the remains of the soup brought from the dining-room had been thrown on the kitchen fire? But no remains of soup came down ?? it had been all consumed by the guests. And what is still more remarkable, the only person in the kitchen (excepting Marie and the nurse) who could not discover the smell of burned arsenic, was the person of all others who was professionally qualified to find it out first ?? the apothecary himself.
After examining the tureen and the plates, and stirring up the wood-ashes on the fire, and making no sort of discovery, Monsieur Thierry turned to Marie, and asked if she could account for what had happened. She simply replied that she knew nothing at all about it; and thereupon her mistress and the rest of the persons present all overwhelmed her together with a perfect torrent of questions. The poor girl, terrified by the hubbub, worn out by a sleepless night and by the hard work and agitation of the day preceding it, burst into an hysterical fit of tears, and was ordered out of the kitchen to lie down and recover herself. The only person who showed her the least pity and offered her the slightest attention, was a servant-girl like herself, who lived next door, and who stole up to the room in which she was weeping alone, with a cup of warm milk-and-water to comfort her.
Meanwhile the report had spread in the town that the old man, Monsieur De Beaulieu, and the whole Duparc family had been poisoned by their servant. Madame Duparc did her best to give the rumor the widest possible circulation. Entirely forgetting, as it would seem, that she was on her own showing a poisoned woman, she roamed excitably all over the house with an audience of agitated female friends at her heels; telling the burned-arsenic story over and over again to every fresh detachment of visitors that arrived to hear it; and finally leading the whole troop of women into the room where Marie was trying to recover herself. The poor girl was surrounded in a moment; angry faces and shrill voices met her on every side; the most insolent questions, the most extravagant accusations, assailed her; and not one word that she could say in her own defense was listened to for an instant. She had sprung up in the bed, on her knees, and was frantically entreating for permission to speak in her own defense, when a new personage appeared on the scene, and stilled the clamor by his presence. This individual was a surgeon named H??bert, a friend of Madame Duparc??s, who announced that he had arrived to give the family the benefit of his assistance, and who proposed to commence operations by searching the servant??s pockets without further delay.
The instant Marie heard him make this proposal she untied her pockets, and gave them to Surgeon H??bert with her own hands. He examined them on the spot. In one he found some copper money and a thimble. In the other (to use his own words, given in evidence) he discovered ??various fragments of bread, sprinkled over with some minute substance which was white and shining. He kept the fragments of bread, and left the room immediately without saying a word.?? By this course of proceeding he gave Marie no chance of stating at the outset whether she knew of the fragments of bread being in her pocket, or whether she was totally ignorant how they came there. Setting aside, for the present, the question, whether there was really any arsenic on the crumbs at all, it would clearly have been showing the unfortunate maid of all work no more than common justice to have allowed her the opportunity of speaking before the bread was carried away.
It was now seven o??clock in the evening. The next event was the arrival of another officious visitor. The new friend in need belonged to the legal profession ?? he was an advocate named Friley. Monsieur Friley??s legal instincts led him straightway to a conclusion which seriously advanced the progress of events. Having heard the statement of Madame Duparc and her daughter, he decided that it was his duty to lodge an information against Marie before the Procurator of the king, at Caen.
The Procurator of the king is, by this time, no stranger to the reader. He was the same Monsieur Revel who had taken such an amazingly strong interest in Marie??s fortunes, and who had strongly advised her to try her luck at Caen. Here then, surely, was a friend found at last for the forlorn maid of all work. ??We shall see how Monsieur Revel acted, after Friley??s information had been duly lodged.
The French law of the period, and, it may be added, the commonest principles of justice also, required the Procurator to perform certain plain duties as soon as the accusation against Marie had reached his ears.
He was, in the first place, bound to proceed immediately, accompanied by his official colleague, to the spot where the alleged crime of poisoning was supposed to have taken place. Arrived there, it was his business to ascertain for himself the condition of the persons attacked with illness; to hear their statements; to examine the rooms, the kitchen utensils, and the family medicine-chest, if there happened to be one in the house; to receive any statement the accused person might wish to make; to take down her answers to his questions; and, lastly, to keep anything found on the servant (the bread-crumbs, for instance, of which Surgeon H??bert had coolly taken possession), or anything found about the house which it might be necessary to produce in evidence, in a position of absolute security, under the hand and seal of justice.
These were the plain duties which Monsieur Revel, the Procurator, was officially bound to fulfill. In the case of Marie, he not only neglected to perform any one of them, but actually sanctioned a scheme for entrapping her into prison, by sending a commissary of police to the house, in plain clothes, with an order to place her in solitary confinement. To what motive could this scandalous violation of his duties and of justice be attributed? The last we saw of Monsieur Revel, he was so benevolently disposed toward Marie that he condescended to advise her about her prospects in life, and even went the length of recommending her to seek for a situation in the very town in which he lived himself. And now we find him so suddenly and bitterly hostile toward the former object of his patronage, that he actually lends the assistance of his high official position to sanction an accusation against her, into the truth or falsehood of which he had not made a single inquiry! Can it be that Monsieur Revel??s interest in Marie was, after all, not of the purest possible kind, and that the unfortunate girl proved too stubbornly virtuous to be taught what the real end was toward which the attentions of her over-benevolent adviser privately pointed? There is no evidence attaching to the case (as how should there be?) to prove this. But is there any other explanation of Monsieur Revel??s conduct which at all tends to account for the extraordinary inconsistency of it?
Having received his secret instructions, the Commissary of Police ?? a man named Bertot ?? proceeded to the house of Monsieur and Madame Duparc, disguised in plain clothes. His first proceeding was to order Marie to produce the various plates, dishes, and kitchen-utensils which had been used at the dinner of Tuesday, the seventh of August (that being the day on which the poisoning of the company was alleged to have taken place). Marie produced a saucepan, an earthen vessel, a stew-pan, and several plates piled on each other, in one of which there were the remains of some soup. These articles Bertot locked up in the kitchen cupboard, and took away the key with him. He ought to have taken the additional precaution of placing a seal on the cupboard, so as to prevent any tampering with the lock, or any treachery with a duplicate key. But this he neglected to do.
His next proceeding was to tell Marie that the Procurator Revel wished to speak to her, and to propose that she should accompany him to the presence of that gentleman forthwith. Not having the slightest suspicion of any treachery, she willingly consented, and left the house with the Commissary. A friend of the Duparcs, named Vassol, accompanied them.
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poloralphlaurenpascher 发表评论: ( 2015-4-24 11:27:21 )
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