f********4
发帖数: 2883 | 1 看到华人媒体出现了一种理论称 ：
章莹颖案，目前情况并不是特别乐观：i受 害人没找到，不能起诉“谋杀罪”。。。因
为美国遵守疑罪从无原则，即公诉人不能提出确实充分的证据证实被告人的罪行，法庭
经过庭审和补充也不能查明被告人 有罪的事实，那么就只能判定被告人无罪。目前FBI
手头没有足够多的证据控告Christensen有谋杀莹颖的嫌疑，尽管联邦执法人员对嫌疑
人进行了窃 听，但就目前公开的证据来看，只能起诉犯罪嫌疑人“绑架罪”。
考据起来，这好像是从检方传出来，并且得到章YY家华人律师赞同的。这很值得华人社
区警惕。
事 实上， no body, no murder，这早已经是久远的法律历史。随着科技发展，凶嫌们
毁尸灭迹或者完全掩盖的本领越来越高，西方世界从上个世纪50年代起就开抛弃了这个
理论。 当代法律仅仅需要环境证据circumstantial evidence，就可以证明某人已经死
亡。当然，受害人还活着的可能性存在，但是极小的比例。为此这类谋杀案都不会直接
对谋杀罪成的罪犯施行死刑。
在这里看以下2000年以来的案子，好几个案子的牺牲者尸体都从来没有被发现：
In 2000, prosecutors in Orange County, New York, secured that jurisdiction's
first-ever bodyless murder conviction. Gregory Chrysler and Lawrence
Weygant were found guilty of beating Dominick Pendino, a coworker they
mistakenly believed had given police the tip that had led to their arrest on
drug-dealing charges, to death with a baseball bat and disposing of his
body. They relied on eyewitness testimony from a former girlfriend and
police informant, as well as forensic evidence showing that enough of
Pendino's blood stained a car seat for him to have died without immediate
medical attention.[18] Neither the body nor the bat have been discovered:
Chrysler and Weygant remain in prison and have rebuffed efforts to elicit
the body's location from them.
In June 2001, Essex teenager Danielle Jones went missing and despite a body
never being found, the required circumstantial evidence was provided by
forensic analysis of text messages sent by the accused, her uncle Stuart
Campbell, who was convicted of her murder 18 months later. Police determined
that Campbell had sent text messages from Danielle's mobile phone to his
own after she disappeared, to make it appear that she was still alive, and
noted that the spelling of several words in the text messages sent from
Danielle's mobile phone had changed after she was reported missing. Their
suspicions were also supported by mobile phone records which showed that
Campbell's mobile phone, and that of his missing niece, were within a short
distance of each other when the messages were sent.
In 2002, Girly Chew Hossencofft's husband and his mistress were convicted of
her murder, which occurred in 1999. Hossencofft's remains have never been
located.[19]
In spite of advances in forensic technology, the possibility of the supposed
victim turning up alive remains. In 2003, Leonard Fraser, having allegedly
confessed to the murder of teenager Natasha Ryan, was on trial for this, and
other murders, when she reappeared after having been missing for four years
.[20]
In 2006, prosecutors in Nashville, Tennessee, had Perry March arrested and
extradited from Mexico after he had been secretly indicted on charges of
murdering his wife Janet, who had disappeared in 1996. An attempt to have
March's in-laws killed while March was awaiting trial led to the arrest of
his father, who as part of a plea agreement confessed to burying his
daughter-in-law in a pile of brush near Bowling Green, Kentucky, but he was
unable to lead police to the body after the intervening nine years. Perry
March was convicted in 2006 almost ten years to the day after his wife
disappeared.
In the Australian no-body murder of Keith William Allan, evidence from
forensic accountants established a motive for his murder. The chance police
finding of one perpetrator driving Allan's car and the conduct of all
perpetrators, in particular mobile telephone records, were also important
factors in their conviction.[21]
In 2007 in Omaha, Nebraska, Christopher Edwards was convicted of murdering
his girlfriend Jessica O'Grady, whose body has never been found. His
mattress was soaked with her blood.
In 2008, Hans Reiser was convicted of first degree murder of his wife, Nina
Reiser. After conviction and before sentencing, Reiser pleaded guilty to the
lesser charge of second degree murder in exchange for disclosing the
location of his wife's body.[22]
参见 https://en.wikipedia.org/wiki/Murder_conviction_without_a_body
章妹妹，好好一个大活人，被绑架上了克里斯滕森的车，从此以后就人间蒸发了。从克
里斯滕森的条件看根本不可能秘密藏着一个大活人，从其车副驾驶座被特意清洗过，以
及章一上车就消失在车里等等环境证据看，克里斯滕森对她已经使用了暴力，而且很严
重在车门上留下明显痕迹。克里斯滕森自己如果又宁可被起诉谋杀都不肯供出章的所在
来换取低阶的起诉，那肯定就是谋杀已经发生章已经没有活着了。
又 据说这些都是“环境证据”不算数。这也是特意对华人的忽悠。美国大多数的严重
犯罪都是靠环境证据赢得定罪的。比如O。J。汤普森案，起诉他的所有证据都是 环境
证据。只不过是因为警察做弊企图给他plant evidence被发现，使得检方的整个起诉可
信性被有效质疑，审判被推翻而已。实际上也更因为那是一个大多数黑人的黑人陪审团
。也就是说，如果不是黑人 陪审团，不是警察种植证据，汤普森本来完全可能被定罪
谋杀的。对此参见https://en.wikipedia.org/wiki /Circumstantial_evidence#
Validity_of_circumstantial_evidence
我相信，克里斯滕森并不是为了性才绑架章YY的，而是一开始就是取其性命的动机。就
是又一起蓝可儿案。
如果是为了性，视频已经证明章已经自己主动上了车，这种情况下这 已经被一般人视
作一种open to other possibility的暗示，因为在美国西方，年轻女性都被教育不能
上陌生人的车的。章案一发，就有不少西方人在质疑章为何要上陌生人的车，是否证明
其 轻率等等。。。既然章已经上车，和平索取性就成为可能，要图性至少按常理是藤
森应该有一个和平索取的过程。可是他却第一时间对章使用了暴力。要说是为了绑 架
去蓄性奴，藤森也没有这种条件。
所以，当藤森实施绑架时，他的目的只会是要取其性命。至于他为什么要取其性命，留
待下一篇文章。
此 案嫌犯被起诉，比起蓝可儿案，2起灭门案等等来已经是华社一个重大成就。这个成
就肯定是梁警官案华人齐心协力共同斗争产生的积极结果。我们应该为此骄傲， 我们
的斗争改变了自己的命运。请大家再接再厉，不要被忽悠，共同努力，取得章妹妹案的
胜利。否则，你我华人都会在某个时间成为不同嫌犯的“最理想受害 人”。 | g*****9
发帖数: 1394 | 2 无数起类似的案子说明死刑是必要的，否则那些有变态心理想杀人取乐的就可以放肆行
动，反正判不了死刑，杀个人坐几年牢照样放出来好好的，更何况还有拖几年都判决不
了的案子，尽享社会福利 |
|
