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進入《TAIPEI TIMES 焦點》 Death row inmate asks for release ahead of his retrial
Relatives and supporters of Cheng Hsing-tse yesterday rally outside the Taichung Branch of the Taiwan High Court during a pre-trial hearing for retrial of the death row inmate. Photo: Yang Cheng-chun, Taipei Times
ON HOLD: Relatives and supporters rallied outside a Taichung court as Cheng Hsing-tse asked to be allowed to go home, but the judge did not rule on the request
By Jason Pan / Staff reporter
After new evidence cast doubt on his conviction, death row inmate Cheng Hsing-tse （鄭性澤） yesterday told a pre-trial hearing that he did not kill a police officer in 2002 and asked a judge to release him from prison as he awaits his retrial at the Taichung Branch of the Taiwan High Court.
To his disappointment, as well as that of his relatives and supporters, the judge did not rule on Cheng’s release request and so he was returned to prison at the end of the hearing.
Cheng was convicted of killing police officer Su Hsien-pi （蘇憲丕） during an exchange of gunfire at a Taichung KTV on Jan. 2, 2002.
Police had been called to the KTV after a drunk patron, Lo Wu-hsiung （羅武雄）, fired two shots from a pistol in one of the rooms, hitting the ceiling and a liquor bottle. More shots rang out when the police entered the room and Su and Lo were killed, while Cheng and several others were wounded.
The Supreme Court upheld his death sentence 10 years ago, but last month prosecutors announced they would seek a retrial after as new evidence came to light.
“I did not hold and fire the handgun. My confession was forced from me after I was tortured. My defense lawyer will present the argument for granting a retrial,” the 49-year-old Cheng said yesterday in his opening statement.
“It has been more than 10 years since the court sentenced me to death and today is the first time since then that I have been able to walk out of prison to appear in court and defend myself,” Cheng said. “It has been 5,210 days since I lost my freedom. I very much wish that number will end right here.”
Citing several questions about judicial process in the case, Cheng’s lawyer, Lo Ping-cheng （羅秉成）, told the hearing that a retrial was necessary and urged that his client be released pending the new trial.
“Prosecutors have presented new evidence that could change the ruling. If prosecutors believe it is likely the conviction will be overturned, then Cheng should be released. If the judiciary has other considerations, we ask the judge to release Cheng during the retrial,” Lo said.
Prosecutors told the hearing that there was enough new evidence to alter the original conviction and possibly overturn the final verdict, and they asked the judge to grant a retrial.
Cheng’s case has gone through seven trials and several appeals. He has steadfastly maintained his innocence.
Supporters have cited what they said were several flaws in the investigation and the use of questionable evidence to win a conviction.
The prosecutors’ application last month for a retrial was the first time in the nation’s history that a retrial has been sought in a case where the Supreme Court’s final ruling upheld the original death sentence.
Members of the Taiwan Association for Innocence, the Taiwan Alliance to End the Death Penalty and human rights group members joined Cheng’s relatives outside the court building, holding up banners and slogans calling for Cheng’s release and asking the court to overturn his conviction.
Cheng’s mother said that she knew that her son is innocent and she was ready to take him home.
“We have suffered for more than 10 years, but he is still not free to come back and be reunited with our family,” she said.
She said she was devastated when she heard the judge had decided not to rule on the release request and that Cheng would be returned to prison.
新聞來源：TAIPEI TIMES
