Murder conviction quashed, freed man may run

Updated: 2015-06-01 07:07

By Sun Li and Hu Meidong in Fuzhou(China Daily USA)

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A man whose murder conviction was overturned after spending 19 years in prison could take part in Fuzhou's first marathon on Saturday.

Chen Xiaying, 36, was imprisoned along with two friends in 1998, but on Friday he walked free after the Fujian High People's Court had overturned his guilty verdict, citing insufficient evidence.

In preparation for his release, local media reported that Chen's father had registered his son as a participant in the inaugural Fuzhou Marathon, to be held on Saturday.

Chen was originally convicted along with HuangXing and Lin Lifeng for the kidnap and murder of a 13-year-old boy in Fuqing in 1996.

Prosecutors said the men had sent the boy's father, Tang Guoliang, a ransom note demanding 70,000 yuan for his safe return. The child's body was discovered weeks after Tong reported the case to authorities.

Thirteen days later, the Fuqing police department announced that it had detained three suspects: Huang, who was 21 at the time; Lin, who was 19; and 17-year-old Chen.

They were tried and convicted at Fuzhou Intermediate People's Court in November 1998. Huang and Lin were sentenced to death with a two-year reprieve, while Chen received life imprisonment.

The three appealed, and in September 1999 the Fujian provincial high court revoked the verdict on the grounds of insufficient evidence.

At a retrial in April 2000, Huang and Lin again received the death penalty, with Chen given life in prison. The high court again revoked the sentences the following year on the same grounds.

A third trial at Fuzhou Intermediate People's Court in August 2002 resulted in the same verdict and sentences, and in November 2006 the provincial high court upheld the verdict, saying the evidence was solid.

However, Zhao Guo'an, the attorney representing Huang, said doubts had remained over the key evidence in the trials, such as a truck, a nylon rope and a bag the three men allegedly used in the abduction.

He said it was also unclear whether the defendants had had the time to commit the crime. As the convicted men's families continued to appeal, the case caught the attention of many lawyers who provided pro bono legal aid.

The case was eventually reheard at the provincial high court on May 11, and the men's convictions were quashed.

Chen and Huang were released from prison on Friday. Lin died of rectal cancer while in prison in 2008.

Tu Congyu, a lawyer in Fuzhou, said the case may have taken a long time to be resolved but the acquittal was significant, as the case will help to reduce wrongful convictions by highlighting the use of credible evidence.

Contact the writer at sunli@chinadaily.com.cn

(China Daily USA 06/01/2015 page6)

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