Wrongly Convicted Database Record

 

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Huang Xing

 

Charge:

Murder

Sentence:

Death

Years Imprisoned:

19

Year Crime:

1996

Year Convicted:

1998

Year Cleared:

2015

U.S. State or Country of Crime:

China

County or Region of Crime:

City of Crime:

Fuqing

Result:

Judicially Exonerated Released

Summary of Case:

"Chen Xiaying, Huang Xing and Lin Lifeng were codefendants wrongly convicted three times of the 1996 of kidnapping and murder of a 13-year-old boy in Fuqing, China. The three were arrested in June 1996 about two months after the boy disappeared. After days of being physically tortured the three made confessions to the crime that they later recanted as coerced. During their trial the prosecution's case was based on the confessions because there was no direct evidence tying them to the crime. After the three were convicted in November 1998 in the Fuzhou Intermediate People's Court, Xiaying was sentenced to life in prison and Xing and Lifeng were sentenced to death. In September 1999 the Fujian provincial high court reversed the convictions and ordered a new trial. The three were convicted for a second time after a retrial in April 2000, with Xiaying again sentenced to life in prison and Xing and Lifeng sentenced to death. In 2001 their convictions were overturned on appeal by the high court and a retrial ordered. A third trial in August 2002 in the Fuzhou Intermediate People's Court resulted in the same verdicts and sentences as the previous two trials. In November 2006 the provincial high court upheld the verdicts. The death sentences of Xing and Lifeng were commutted to life in prison. A post-conviction appeal was pursued based on the unreliability of their confessions that were inconsistent with the crime, doubts about key evidence relied on to convict the three, including a truck, a nylon rope and a bag the three men allegedly used in the abduction, and whether the defendants had the time to commit the crime. In February 2015 the provincial high court agreed to reopen the case. On May 11, 2015 the provincial high court held a public hearing concerning the appeal, during which the prosecution conceeded that key evidence was missing, and the defendant's confessions were inconsistent. On May 29, 2015 the court quashed the convictions and acquitted the men on the basis there was insufficient evidence introduced during their trial to prove their guilt. Xiaying and Xing were released on May 29, 2015 after 19 years in prison, and Lifeng was posthumously exonerated because he died in 2008 of rectal cancer after 12 years of imprisonment."

Conviction Caused By:

False confessions by the three codefendants.

Innocence Proved By:

"On May 29, 2015 the provincial high court quashed the convictions of the three defendants and acquitted them on the basis there was insufficient evidence introduced during their trial to prove their guilt."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

21

Age When Released:

40

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Murder conviction quashed, freed man may run, By Sun Li and Hu Meidong in Fuzhou, China Daily, June 1, 2015"

Information Location 1:

http://usa.chinadaily.com.cn/epaper/2015-06/01/content_20879005.htm

Information Source 2:

"Fujian High Court retrial 19 years ago kidnapping murder case prosecutors suggested commuted, Sina News (Chinese Dishes), May 11, 2015"

Information Location 2:

http://www.shanghaidaily.com/national/3-men-acquitted-after-19-years-in-prison/shdaily.shtml

Information Source 3:

"Chinese court declares 'killer-kidnappers' innocent - 17 years too late, By Li Jing, South China Morning Post, May 30, 2015"

Information Location 3:

http://www.scmp.com/news/china/society/article/1813090/chinese-court-declares-killer-kidnappers-innocent-17-years-too

Information Source 4:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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