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本帖最後由 雲海暖流 於 2012-8-17 16:12 編輯
紐約時報文,谷開案里的12個疑點 ZT
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送交者: 鞋和飯 2012年08月16日12:04:13 於 [世界時事論壇] 發送悄悄話
上周四匆忙編排的谷開來謀殺審判，不但沒有解開海伍德死亡的疑團，反而讓更多的迷霧籠罩在案件上。《紐約時報》文章說，看起來這個不到八小時的審判是在演戲。文章提出12個疑點。
1.谷開來被官方診斷為躁狂抑鬱症和中度精神分裂症。起訴書主要是基於谷開來的認罪。在沒有任何確鑿的證人證詞的情況下，我們怎麼知道她的記憶是可靠的，或者她的精神疾病沒有影響她的犯罪意圖？
2.謀殺的動機不清楚。檢控官稱，谷開來因為海伍德綁架她兒子而心生殺機。唯一的證據是11月份海伍德寫給薄瓜瓜的電子郵件，稱「你將被毀滅」。但是那時候，薄瓜瓜已經在美國哈佛大學上學了。
3.起訴書說谷開來非法獲得殺鼠藥。有任何證據她真的拿到毒藥嗎？是從哪裡拿到的？殺鼠藥真的含有氰化物嗎？
4.海伍德的體內真的有氰化物嗎？谷開來承認灌給海伍德氰化物。但是，根據辯護律師，最初的法醫報告沒有顯示氰化物中毒的基本癥狀。海伍德屍體火化之前的CT掃瞄和血液化驗沒有發現氰化物的殘留。
5.根據谷開來的辯護詞，海伍德有心血管病家族史。因為他不是一個嗜酒者，是否可能他自然死於過量飲酒誘發的心臟病發作？
6.根據起訴書，主要調查者獲得另外一份血液標本，並把它偷偷帶回家中藏匿。四個月之後，這第二份血液標本的化驗顯示出氰化物，其濃度恰好剛剛足夠殺死一個人。有任何證據保證這份血標本沒有被動過手腳嗎？
7，在海伍德死前有沒有發生打鬥？谷開來說她離開之前把海伍德的頭放在枕頭上。但是兩天之後人們發現他的時候，顯示他在床上滾動過。考慮到這些，一名刑事專家相信，海伍德可能不是被氰化物殺死，因為氰化物通常很快將一個人殺死。海伍德可能在谷開來離開房間的時候仍然活著。
8.根據辯護詞，在谷開來離開犯罪現場后，陽台上發現陌生人的腳印。但是沒有進入房間的跡象。法庭為什麼不調查這個腳印是誰的？
9.檢控官宣稱收集了394個證人的證詞，但是關鍵證人都沒有直接參加庭審並進行交叉質證，包括王立軍，他叛逃到美國領事館並親自曝光這個案件。為什麼谷開來的律師只給予一個月研究案件？為什麼律師在庭上沒有機會質詢證人？
10.起訴書當中沒有清晰的提到谷開來的丈夫薄熙來。當谷開來知道海伍德威脅他們的兒子的時候，難道她不會告訴她丈夫薄熙來？薄熙來有沒有捲入策劃謀殺？
11.在重慶警察斷定海伍德死於酒精過量之後，谷開來成功的說服海伍德家人迅速火花屍體？谷開來和重慶政府是否拿錢收買他家人封口？
12.起訴書指出谷開來和海伍德在2005年跟國營公司的高級經理達成幾個房地產協議。但是協議失敗。海伍德要求百分之十的賠償。法庭沒有解釋這些項目是什麼？為什麼協議失敗？海伍德的角色是什麼？根據北京消息來源，薄熙來停止這些項目，因為擔心它們可能危及他的政治前途。如果這個是真的，是否檢控官故意隱瞞這些細節以迴避薄熙來的貪腐問題？
Op-Ed Contributor
A Chinese Murder Mystery, Far From Solved
By HO PIN
Published: August 15, 2012
LAST Thursday』s hastily orchestrated murder trial of Gu Kailai, the wife of the ousted Chinese Politburo member Bo Xilai, has raised several questions that cast serious doubt on the case.
It appears that the trial, which lasted less than eight hours, was a sham and Ms. Gu was made a scapegoat in a broader political power struggle between her husband and top leaders like Premier Wen Jiabao and President Hu Jintao.
During the trial, Ms. Gu confessed to murdering her British business partner, Neil Heywood; she said she was willing to 「accept and calmly face sentencing」 and that she expected the court to give her a 「fair and just verdict.」
After combing through leaked court proceedings and official news reports and interviewing two of the 140 people carefully selected by the Chinese government to attend the trial, I have identified a dozen important legal problems that were ignored or omitted during the trial and that might have resulted in either a dismissal of charges or acquittal, if the defense had been allowed to address them properly.
1 Gu Kailai had been officially given a diagnosis of manic depression and moderate schizophrenia by court-appointed medical experts. The indictment is largely based on Ms. Gu』s confession. Without any corroborating witness accounts, how do we know her memory was reliable and that her mental illness did not affect criminal intent?
2 The motivation for the murder was not clear. The prosecution stated that Ms. Gu hatched the plot to kill Mr. Heywood when she was told that he had detained and kidnapped her son in Britain after their business deal soured. The only evidence shown in court was an early November e-mail from Mr. Heywood, who wrote to Ms. Gu』s son, Bo Guagua, 「You will be destroyed.」 But by then, her son was already in the United States, studying at Harvard.
3 The indictment said that Ms. Gu had illegally obtained rat poison. Is there proof that she actually did? From whom did she get it? And did the rat poison contain cyanide?
4 Was there cyanide in Mr. Heywood』s body? Ms. Gu admitted getting him drunk and then giving him water laced with cyanide after getting him drunk. However, the initial forensic report, according to the defense, displayed no primary signs of cyanide poisoning. A CT scan performed on the victim』s body before it was cremated and an initial blood test found no traces of cyanide.
5 According to Ms. Gu』s defense, Mr. Heywood had a family history of cardiovascular disease. Since he was not a heavy drinker, could it be possible that he died naturally of a heart attack induced by excessive drinking?
6 According to the prosecution, the chief investigator took another blood sample, which later became a crucial piece of evidence after Mr. Heywood』s body had been cremated. However, the chief investigator carried that blood sample home without permission. Four months later, tests on the second blood sample showed cyanide, the amount of which was, by coincidence, just enough to kill a person. Is there any evidence that the integrity of that blood sample was safeguarded during that four-month period?
7 Was there a struggle before Mr. Heywood』s death? Ms. Gu said that Mr. Heywood was dead before she left the room, his head resting on a pillow. When the police discovered Mr. Heywood』s body two days later, however, he was lying flat on the bed, and the mattress showed signs of having been rolled on. Considering this evidence, a criminal expert I interviewed believes that Mr. Heywood was probably not killed by cyanide, which tends to kill quickly, or there was not sufficient poison to kill him right away and that Mr. Heywood was actually still alive when Ms. Gu left the room.
8 According to the defense, after Ms. Gu left the crime scene, strangers』 footprints were found on the balcony, but there were no signs of a break-in. Why has the court not investigated where these footprints came from?
9 The prosecution claimed to have collected 394 witness testimonies, but the trial was conducted without the direct participation and cross-examinations of key witnesses, including Wang Lijun, the Chongqing police chief, who fled to the United States consulate there and personally brought the case to light. Ms. Gu picked her defense lawyer from a list provided by the government a month before the trial. For such an important case, why was the lawyer given only a short period of time to study the case? And why didn』t the defense lawyer have a chance to question key witnesses during the trial?
10 There was no explicit mention of Gu Kailai』s husband in the indictment. When Ms. Gu learned that Mr. Heywood was threatening her son, wouldn』t she tell her husband, the local party boss? Was Bo Xilai involved in the plotting of the murder?
11 After the Chongqing police had ruled that Mr. Heywood died of a heart attack from excessive alcohol consumption, Ms. Gu successfully persuaded the Heywood family to agree to a quick cremation without an autopsy. Did Ms. Gu or the Chongqing government pay money in exchange for the family』s silence?
12 The indictment pointed out that Ms. Gu and Mr. Heywood teamed up in 2005 with a senior manager at a Chinese state-run enterprise in several real estate deals in Chongqing and in France. If successful, Mr. Heywood would have been awarded £140 million. But the deals fell apart. Mr. Heywood demanded 10 percent of the original amount as compensation. There were no explanations of what the projects were, why the deal failed and what Mr. Heywood』s role was. According to a source in Beijing, Mr. Bo, who was transferred to Chongqing in 2007, halted the projects for fear that the deals could jeopardize his political future. If that proves to be true, could it be that the prosecution hid these details, which might contradict claims by the government-controlled media that Mr. Bo was a corrupt official?
Ms. Gu and her family may have intentionally refrained from mounting a vigorous defense against the murder charges and decided to strike a deal with the government because she understood that the trial』s real target was her husband — whom senior party leaders in Beijing are hoping to render guilty by association and destroy for good.
If she had fought against the murder charges, the Bo family』s political foes would have initiated corruption charges, which could also be punishable by death. In China today, corruption is so rampant that no government official is immune, and if such charges were made, her son, her husband and many of her friends could be implicated. Between the two, perhaps the murder charge seemed the better deal.
By actively cooperating with the government — she confessed to the crime and implicated the police chief and his assistants — Ms. Gu aimed to get her potential death sentence commuted.
As the Chinese saying goes, 「As long as the green hills last, there will always be wood to feed the stove.」 In Ms. Gu』s case, keeping her life and shielding her husband from criminal prosecution leaves open the possibility of a comeback when the political winds shift. Ms. Gu』s father-in-law, Bo Yibo, was branded a traitor during the Cultural Revolution, beaten, paraded around and locked up in a prison where he was often deprived of food and water. Three years after Mao Zedong died, the case against Bo Yibo was overturned. He was reinstated by the new leadership as the vice premier of China and lived to age 99, outliving most of his foes.
Given the complexities of the case and the tremendous amount of media attention, one would have assumed that the Chinese government would take the case seriously or at least attempt to honor due process. Unfortunately, the trial was conducted hastily and shabbily, exposing the ugliness of the Chinese legal system. One can only imagine the fate of the thousands of faceless or nameless Chinese who are being judged by the legal system without any media attention.
Ms. Gu』s verdict will be decided by party leaders in Beijing, rather than judges in court. Rushing to justify the ousting of Mr. Bo, who was a strong contender for a spot on the powerful Politburo Standing Committee, helps leaders in Beijing clear a major hurdle before the leadership transition at the 18th Party Congress later this year. Therefore, the Chinese government will most likely give Ms. Gu a harsh sentence. But the fundamental legal questions have not even been asked, let alone answered.
Ho Pin, a New York-based publisher of Chinese-language magazines and books, is the author of a forthcoming book on the Bo Xilai case. This essay was translated by Wenguang Huang from the Chinese.
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