Before the trail, local authorities failed to pressure her husband to fire the lawyer from Beijing. They intimidated him, "The court belongs to the government, the Communist Party!"
Wuzhong District Court in Suzhou City Sentences Ms. Shi Jianping
Despite defense attorney Zhang Chuanli's convincing arguments, Wuzhong District Court officials in Suzhou City, Jiangsu Province handed Falun Gong practitioner Ms. Shi Jianping a four-year prison sentence on December 16, 2009.
Details of the Trial Process
Attorney Zhang Chuanli and Ms. Shi's family and friends, nine in all, arrived at the courthouse on time, at 1:00 pm on December 16, 2009. Exiting their cars, they noticed several police vehicles parked in front of the courthouse and a couple of plainclothes policemen walking around. About nine policemen guarded the courthouse entrance. Zhang Jinfang from the town's 610 Office and several agents from the district 610 Office were also there.
At the request of the police, Ms. Shi's husband Mr. Shen Jiandong produced his ID card and was admitted, so were his daughter, older sister and mother-in-law. Authorities prevented three of Mr. Shen Jindong's relatives to enter, and police let them in only when the trial was about to begin. Mr. Shen's friend and his wife's friend couldn't get in because their names were not on the police's list. The family was ordered to hand over their cell phones and other personal belongings. They noticed several plainclothes policemen entering from a side door. The police sat in the first row, while the family was seated in the second row.
The trial began at 1:40 pm. Mr. Shen Jiandong was finally able to see his wife Ms. Shi Jianping, whom he hadn't seen for more than eight months. Her hair had turned gray, and her now thin face had a yellowish complexion.
The presiding judge read aloud the following "evidence" that the prosecutor had collected:
1. The prosecutor listed eight eye-witnesses who claimed to have picked up Falun Gong items in various places. Attorney Zhang pointed out that someone having found Falun Gong items had nothing to do with whether or not the defendant committed a crime, and that there was no evidence that suggests that the defendant had distributed those Falun Gong items.
2. The prosecutor claimed the police found similar items during their ransacking of Ms. Shi's home on April 12, 2009, which proved that the defendant handed out those items. Attorney Zhang immediately pointed out that anything found in Ms. Shi's home was personal belongings. There is a law stipulating keeping firearms and drugs is a crime, but there is no law stating it constitutes a crime to keep Falun Gong items.
3. The prosecutor said there was a video clip from the police monitor showing the defendant distributing Falun Gong items. Attorney Zhang requested the video clip be played in the courthouse, but the prosecutor declined to do so.
4. Attorney Zhang pointed out that the prosecutor cited the law inappropriately. The Public Safety Ministry and the Supreme Court have a list of 14 cults, but Falun Gong has never been on the list. Therefore, citing article 300 of the Criminal Law Code to deal with this case is wrong. The judge replied that the nature of Falun Gong is beyond the scope of his court. He then questioned the defendant on whether or not she handed out the above-mentioned items. Ms. Shi firmly denied the allegation.
5. The prosecutor asked the defendant if the confessions she made in the police department were her own words. Ms. Shi replied that she was forced to say those words. After her arrest at 5:00 pm on April 12, 2009, eight policemen took turns interrogating her for five consecutive days. She was forbidden to sleep for five nights, until the 16th. They used her daughter during the interrogation to threaten her and forced her confession under duress. Attorney Zhang pointed out that the Supreme Court has long stipulated that confessions extracted under torture and duress should not be used against a defendant. These "confessions" obtained after five days of interrogation were clearly extracted under duress.
6. The prosecutor claimed that photographs exist showing that the defendant was at various places distributing Falun Gong items. Ms. Shi pointed out that she was taken to those places after her arrest and that the police snapped those photos for the purpose of framing her. She had never been to those places prior to her arrest.
The judge then announced a 10-minute break.
When the trial resumed, the judge handed Ms. Shi Jianping a four-year sentence.
Early in November 2009, Ms. Shi's husband Mr. Shen Jiandong was told that she would be handed a more than three-year sentence. The court had already discussed his wife's case and made the decision. The trial was only a show, and they would not listen to the attorney's defense.
Background of the Case
When Ms. Shi Jianping was on her way home on April 12, 2009, Mudu Police Station agents arrested her at around 4:45 pm. Policeman Yin Quanyuan led six plainclothes officers ransacked her, even before a search warrant was issued. They confiscated her computer, printer and Falun Gong books, without giving her family a list of confiscated items.
Upon learning that Mr. Shen Jiandong had hired Attorney Zhang from Jingshun Law Firm in Beijing, Mudu Police Station chief Xu Yongliang and CCP political and judiciary secretary Wang from the town ordered someone to pressure Mr. Shen to fire the attorney. They promised to lobby for a lighter sentence and to reimburse the attorney's fees in return. But Mr. Shen firmly refused.
Between September and October in 2009, policeman Yin Quanyuan called Mr. Shen Jiandong, indicating that the district 610 Office head and the town 610 Office head Zhang Jinfang wanted to talk to him. At the village police office, once again told the family to drop the attorney, claiming that Ms. Shi Jianping may get a lighter sentence as a result. Mr. Shen Jiandong replied, "As a citizen, I have the right to hire an attorney to defend my wife. If you guys feel confident, let's go to trial. Why should I fire the attorney?"
Seeing the tactic didn't work, they started to intimidate Mr. Shen, "Such lack of cooperation will do your family no good! Shi Jianping will only get a heavier sentence, since the court won't listen to the attorney. The court belongs to the government, the Communist Party! In addition, the trial date is determined by the government. What you say doesn't work"
Zhang Jinfang from the town's 610 Office found Mr. Shen Jiandong on December 2, 2009 for the third time, saying that the district 610 Office sent her to talk to him. She said that they knew Mr. Shen's family had financial difficulties and offered to provide aid if the family drops the attorney. She again promised that they would cover the attorney's fees. Mr. Shen Jiandong replied that he only wanted his wife back, not money.