"He didn't snatch the steering wheel." Hu Jinhua has explained many times that her husband Lego was wronged.
Three years ago, Legofu, a villager in Baisaka Village, Longzhou Street, Longyou County, Zhejiang Province, was accused of snatching the steering wheel of a moving vehicle, resulting in a traffic accident, resulting in varying degrees of injuries to the same car. In the end, the Tonglu County Court convicted Lego Fu of endangering public safety by dangerous means in the first instance and sentenced him to four years and six months in prison.
At the trial, Lego denied that he had snatched the steering wheel, arguing that the driver had mishandled the drive and caused the vehicle to crash into the highway guardrail. After the first-instance judgment, Legofu was dissatisfied with the judgment and appealed, and the second-instance ruling rejected the appeal and upheld the original judgment.
Courtesy of the interviewee in the first-instance verdict
Hu Jinhua said that at the time of the incident, the Longyou County Court summoned Legofu in accordance with the law on the grounds that Legofu had not carried out the court's judgment, but in fact prevented the couple from petitioning. "We have to report that the forest and fruit farms we have contracted have been cut down by government projects in land reclamation, and we need compensation for the relevant situation." Hu Jinhua said.
Currently, Legofu, who is nearly 70 years old, is serving his sentence in prison. Hu Jinhua entrusted a lawyer to continue to apply for a retrial for Legofu.
Lego's lawyer told The Paper that they resubmitted a full audio recording of the incident and applied for re-identification. The eight-hour recording recorded no arguments before and after the traffic accident.
In February this year, Hu Jinhua submitted a complaint to the Hangzhou Municipal Procuratorate about the Legofu case. On February 27, the Hangzhou Municipal Procuratorate notified by text message that the appeal materials had been received. After review, the court decided to accept the review. However, on July 15, Hu Jinhua and her lawyer received a notice of the outcome of the criminal appeal issued by the Hangzhou Municipal Procuratorate, which held that the grounds for the appeal could not be sustained and did not support it, and now the case is closed after review.
Hu Jinhua said she would continue to appeal to the Zhejiang Provincial Procuratorate.
A police car was involved in a traffic accident in a court car, and villagers were sentenced to four and a half years in prison for allegedly pulling the steering wheel
In 2018, Wenlin Village, Hu Town, Longyou County, Zhejiang Province, carried out a farmland reclamation project, which was revoked due to violations and destruction of forest resources.
There are problems in the cultivated land reclamation project of Wenlin Village (Linguochang) in Huzhen Town, and the People's Government of Longyou County approved the cancellation of the Wenlin reclamation project Photo provided by the interviewee
The forest and fruit farm contracted by Lego was also cut down, and the compensation fee and other related issues were not followed up for a long time, and they decided to petition.
The day before departure, they were "persuaded" to return.
Hu Jinhua recalled that on the morning of August 29, 2021, Jiang Cancan, Tian Junbo and others, judicial police officers of the Longyou County Court, arrived at the hotel where the couple were located. The other party informed that the case of the husband and wife compensating the plaintiff Longyou County Agriculture and Rural Bureau for the loss of 120,000 yuan due to illegal occupation of the contracted land has entered the compulsory enforcement procedure and needs to cooperate with the court to resolve.
"We know they're here to stop the petition." Hu Jinhua said that on the same day, they returned to the Longyou County Court in an arranged vehicle.
However, when the vehicle drove to the Tonglu exit of the Hangxinjing Expressway and less than two kilometers in the direction of Qiandao Lake, the vehicle in which the Legorich couple was riding was involved in a traffic accident. At the time of the incident, Hu Jinhua and Legofu were sitting in the back of the car, and Legofu was in the middle.
In this accident, Hu Jinhua's husband Legofu was accused of snatching the steering wheel of the vehicle, causing the vehicle to lose control and crash into the highway guardrail, causing injuries to the occupants and damage to the vehicle.
The People's Procuratorate of Tonglu County, Zhejiang Province, the public prosecution organ, alleged that the defendant Legofu's conduct endangered public safety and had not yet caused serious consequences, but had constituted the crime of endangering public safety by dangerous means.
On January 7, 2022 and May 26, 2022, the Tonglu County Court held two public hearings to hear the case.
According to the first-instance criminal verdict, after trial, it was ascertained that at about 7:30 on August 29, 2021, Tian Junbo, Jiang Cancan, and others, judicial police officers of the Longyou County People's Court, took two police cars to a hotel in Shangcheng District, Hangzhou, and summoned the defendant Legofu and his wife Hu Jinhua, who had not executed the judgment, in accordance with the law, and the two were arranged to return to the Longyou County People's Court in the back row of the Zhejiang HA017 police vehicle driven by Lin Hairong, and Jiang Cancan sat in the passenger seat. When the car drove to the Zhonghe Elevated, Lin Hairong and Jiang Cancan noticed a sound in the rear door and stopped, and then the defendant Legofu got out of the car and lay down on the ground, Tian Junbo, Jiang Cancan, and others carried the defendant Legofu back to the police car and let him sit in the center of the rear of the vehicle, and Tian Junbo sat on the left side of the defendant Legofu. At about 9:30 a.m., when the vehicle was less than two kilometers away from the Tonglu exit of the Hangxinjing Expressway in the direction of Qiandao Lake, the defendant Legofu suddenly got up and pulled the steering wheel of the vehicle that was moving at high speed with his hands, causing the vehicle to lose control and crash into the guardrail on the right side of the highway, causing damage to the right front and door of the vehicle, and the people in the car, Jiang Cancan, Tian Junbo, Lin Hairong, and the defendant Legofu were injured to varying degrees. After calling the police, the defendant Legofu was taken back to the Chengnan Police Station for investigation.
The defendant, Lego, denied pulling the steering wheel while the vehicle was moving, and argued that the accident occurred only because the driver was driving improperly. The defendant Legofu's defender believes that the facts of the public prosecution's accusation that the defendant endangered public safety by dangerous means are unclear and the evidence is insufficient, and the defendant should not be found guilty in accordance with law. The reasons are: 1. The evidence that the defendant snatched the steering wheel with both hands is insufficient to eliminate reasonable doubt; 2. There is no video record of the law enforcement recorder, no record of the dash cam, and no fingerprints have been extracted; 3. The defendant's motive for committing the crime is unclear.
According to the above-mentioned criminal verdict, there are testimonies of three parties in the vehicle where the incident occurred, all of which pointed out that Lego Fu grabbed the steering wheel with both hands; Hu Jinhua, who was sitting next to Lego, testified: "Legofu sits in the middle of the back row. I don't know where to drive, it feels like the car is braking suddenly, the body rushes forward, Lego Fu also rushes forward, and the two hands also rush forward, but where the two hands rush and where they touch, they don't see clearly. ”
After cross-examination at trial, the evidence corroborates each other. After investigation, the testimony of witnesses Lin Hairong, Jiang Cancan, Tian Junbo, Wu Jian and others corroborated each other, which was enough to be accepted and could confirm that Legofu suddenly got up and snatched the steering wheel of the car; The transcripts of the inquest at the scene, the extraction transcripts, and the DNA identification opinion prove that the DNA typing of the LEGO was detected from the steering wheel, which can support the above testimony. Therefore, the evidence in the case is sufficient to prove the fact that the defendant Legofu grabbed the steering wheel with his hands during the high-speed driving of the vehicle, and the defense opinion put forward by the defendant Legofu and his defender is inconsistent with the verified facts, and the court does not accept it.
On June 24, 2022, the Tonglu County Court made a first-instance judgment that the defendant Legofu was guilty of endangering public safety by dangerous means and was sentenced to four years and six months in prison, with a term of imprisonment from August 30, 2021 to February 27, 2026.
Lego Fu was not satisfied with the verdict and appealed. He put forward four appeal opinions: 1. The original trial court found that the evidence of snatching the steering wheel of a vehicle driving on the highway was insufficient, and the witnesses Lin Hairong, Tian Junbo and others had an interest in the outcome of the case, and the testimony could not be fully accepted; There is a possibility that the process of extracting the swab from the steering wheel of the vehicle may be contaminated, and the conclusion that the DNA typing detected by the swab cannot prove that there is a hand-pulling behavior of the steering wheel, so the evidence in the case cannot form an evidentiary chain. 2. The first-instance judgment did not record the audio recordings provided by Hu Jinhua. 3. In this case, there are suspicious points such as the video recording of the law enforcement recorder that did not have the whole process, the fingerprints that were not extracted from the steering wheel, and the fact that there was no motive for committing the crime. In summary, the facts of this case are unclear and the evidence is insufficient, and we sincerely request that the verdict be changed to not guilty.
The arguments and requests put forward by Lego Fu and his defenders were not supported and adopted by the court. On September 7, 2022, the Hangzhou Intermediate People's Court issued a second-instance ruling, rejecting the appeal and upholding the original judgment.
The lawyer said that he would submit audio evidence of the incident and apply for a re-evaluation
After the second-instance ruling, Legofu and his wife continued to appeal, which was rejected by the Zhejiang Provincial High Court.
Hu Jinhua said that she would insist on avenging her husband's Lego fortune, "he did not snatch the steering wheel". At present, they have lawyers to represent the case, and the next step will be to submit their representation opinions to the Hangzhou Municipal Procuratorate.
On July 5, the lawyer told The Paper that there were procedural violations in the original trial of the Legofu case. He pointed out that in this case, Hu Jinhua had provided an audio recording evidence to prove that Lego Fu did not snatch the steering wheel at that time. "The court of first instance did not present evidence for cross-examination in court, and it did not mention it, including the trial transcript."
The lawyer explained that this recording recorded the whole process of the Lego Fu couple from the Hangzhou hotel, the traffic accident to Hu Jinhua's return to Longyou County, and was recorded by Hu Jinhua himself.
Lego's son, Mr. Le, provided The Paper with this important recording, which was eight hours long. Mr. Le said that the recording had not been edited or edited in any way, and that her mother, Hu Jinhua, had recorded it using a mobile phone.
The Paper reporter listened to a recording of the traffic accident before and after. At 1:21:35, someone in the car said "Hey", and 20 seconds later, the vehicle was suspected of colliding and there was a scraping sound. Then, there was a sound of "ouch, ouch, what's wrong" from inside the car.
The Paper noticed that no relevant disputes were heard before and after the traffic accident in the recording. One of the men said, "Hey, how do you drive like that...... You mean to get rid of me, don't you? Hu Jinhua confirmed that this was what her husband Legofu said. She also stressed again that Lego did not snatch the steering wheel.
Regarding Legofu's behavior of throwing forward, Hu Jinhua and Legofu both explained in the recording that the car braked urgently, and he was not wearing a seat belt, and would lie forward due to inertia.
The lawyer also mentioned the physical condition of the Lego Fu couple. He introduced that in 2011, Legofu and his wife suffered a car accident, which caused Hu Jinhua's right knee to be broken and needed to be in a wheelchair, and Legofu's right little finger and ring finger were fractured. "I can't even hold the spatula. In this physical condition, he does not have what it takes to snatch the steering wheel. The lawyer said that Legofu is 70 years old this year, and due to incontinence, he needs to be taken care of while serving his sentence in prison.
The Paper noted that in the second instance of the case, Legofu's defender mentioned that the first-instance judgment did not mention the on-site recording submitted by Hu Jinhua, which was an obvious error, and the appraisal procedure entrusted by the court of first instance was seriously illegal, and the reason for the Hanbo Appraisal Center's refusal to conduct an appraisal could not be established. Legofu's defender applied for a re-appraisal of the recording submitted by Hu Jinhua and requested that Legofu be acquitted.
However, the second-instance criminal verdict shows that after investigation, the audio recording submitted by the witness Hu Jinhua has been verified by the original trial court in accordance with the law by a qualified appraisal agency, and the appraisal agency issued materials to explain that it cannot be evaluated, and the content of the audio recording submitted by the defender in the second-instance trial is consistent with the content of the aforementioned audio recording, and the content of the recording cannot achieve the purpose of supporting the authenticity of Legofu's defense, so the request for re-appraisal is not supported.
The lawyer said that in the next step, he will submit the recording of Hu Jinhua and the original mobile phone where the recording was stored to the judicial authorities for re-identification, and at the same time submit the representation opinion to the Hangzhou Municipal Procuratorate.
In February this year, Hu Jinhua submitted a complaint to the Hangzhou Municipal Procuratorate about the Legofu case. On February 27, the Hangzhou Municipal Procuratorate notified by text message that the appeal materials had been received. After review, the court decided to accept the review. The progress or results of the handling shall be replied to by the specific undertaking department within three months after acceptance. On July 15, the Hangzhou Municipal Procuratorate found that the grounds for the appeal could not be established and did not support it, and the case is now reviewed and closed.
Hu Jinhua's son, Mr. Le, said that they would go to the Zhejiang Provincial Procuratorate on July 22 to submit their appeal materials and continue to appeal.