Editor’s note: Earlier this year we reported the story of Lin Senhao getting the death sentence for poisoning his roommate back in 2013. Now, however, his fellow university students are coming out in his support, petitioning for him not to get the death penalty for his crime. This wenxuecity.com article looks at the plight of the petitioning students and what the outcome might be.

In February this year, Lin Senhao was sentenced to death in the Fudan University poisoning case. After the verdict went out, 177 Fudan University students signed a letter asking the court not to give the former student the death penalty, at least not immediately. The father of the victim, named Huang Yang, said they he would not accept the request in the students’ letter. Well known Shanghai lawyer Yan Yiming stated that it cannot be determined whether the contents of the letter will have a significant influence on the results of the second trial in the case.

Poisoner: The killing was an “April Fool’s Day Prank”

In April 2013, Huang Yang, a student at Shanghai’s Fudan University’s medical school was poisoned to death at Fudan’s Fenglin campus. The main suspect was the victim’s roommate Lin Senhao. The drug used in the poisoning was the toxic chemical N-dimethyl nitrosamine. Police believe that Lin Senhao obtained at least 30 ml of dimethyl nitrosamine from the school’s laboratory, which is about ten times the amount needed to kill a person.

Lin Senhao admitted to poisoning his roommate in the first trial. However he argued that he poisoned his roommate “as an April Fool’s Day prank” in order to make him feel sick or uncomfortable. However, according to the police, Lin Senhao had been disgruntled with Huang Yang and their relationship at the time was strained. In February, Lin Senhao was sentenced to death for the crime. He subsequently appealed the decision.

After the first trial, Lin Senhao’s father traveled to Huang Yang’s hometown of Zigong. He visited Huang Yang’s grave and tried to apologize to his parents however Huang Yang’s parents refused to accept the apology.

Student Volunteers Draft a Petition

Fudan student Wu, a graduate student at the university’s law school, was involved in drafting up the letter asking for a reconsideration of the sentence. Wu had been following the “Fudan poisoning case” and after Lin Haosen was sentenced to death in the first trial, he considered the outcome and spoke with a number of students and teachers about it. He concluded that Fudan students and teachers should attempt to express their views on the subject to the court. 

The letter was drafted by a professor in collaboration with students and was taken around the dormitories and classrooms in order to solicit voluntary signatures. The signatories ended up being a random group of students mainly from the law school. Students from various departments in the medical school signed as well. Lin Haosen himself had been a student in the medical school. On March 31, the Fudan students sent the letter directly to the Shanghai Higher People’s Court which sent them a reply on April 20. Some students even submitted their own statements to the court. It was very important to the students for the court to listen to their voices and consider their demands.

Wu said that the petition signed by the students states that Lin Haosen’s crime was inexcusable and that he should be punished. However, Lin Haosen had some done good things while in school, he was not an innately cruel person. The students hoped that the court would give him a chance to learn and redeem himself and therefore not sentence him to death immediately. Classmates also wish to act on Huang Yang’s behalf in order to complete his filial duties and do everything in their power to help out his parents. “

“We do not want to interfere with the court’s decision, but we hope that our reasoning would influence them to reduce Lin Haosen’s punishment.” The petition adds that the students hope that the court imposes the death sentence carefully in order to minimize the use of torture and death.
The students also point out that the death of Huang Yang has been very hard on them and they do not want to lose Lin Senhao as well. “We cannot punish a person by depriving them of their life.”

Huang Yang’s Father Rejects Petition

According to an online Chengdu news network, Huang Guoqiang, Huang Yang’s father, said that the petition signed by 177 students was merely a tool concocted by Lin Senhao’s lawyer. Because of this, he would not take the content seriously. He said that the students said in the letter that they wished to take on Huang Yang’s filial duties; however they still wish to prevent Lin Senhao from facing the death penalty. Huang Yang’s death was a serious blow to the family; relatives and friends spent a long time grieving for their loss.

Huang Guoqiang also did not agree with the students’ argument that “Lin Senhao is not an innately cruel person.” Huang argued, “If he is not a cruel person, why did he put so much poison in the water? If he is not cruel, why didn’t he stop Huang Yang from drinking it? If he is not cruel, why, when Huang Yang was lying in the bed moaning in pain, did he not tell the doctors what drugs to give him?

Will the Petition Have Any Effect on the Trial?

Yan Yiming was introduced to the case after the first trial. Teachers and students had hoped that he would serve as a defense lawyer for Lin Senhao. However, when the two sides reached an agreement, he ultimately did not act but is still following the development of the case. The students who drafted the petition were also in communication with him.

Yan Yiming believes that Lin Senhao did not commit a direct intentional homicide or a first-degree murder but committed indirect intentional homicide or manslaughter. Lin Senhao did not mean for the poison to kill Huang Yang. However, he did not promptly inform Huang Yang after he ingested the poisonous water and did not give doctors information that could have saved Huang Yang’s life in the hospital. In this, he let Huang Yang die which constitutes as indirect intentional homicide.

Yan Yiming said that Lin Senhao had previously done poison experiments with mice in which the poison did not did kill them. Therefore, his actions do not constitute intentional homicide as there was no intent. In an indirect intentional homicide, there is little malice. However, in the first verdict, the courts did not take these factors into account.

He added that whether or not the students’ petition will have any effect on the second trial is unclear.

Si Weijiang, Lin Senhao’s defense attorney for the second trial, has previously said in an interview that in the first trial Huang Yang’s classmates had written in asking to punish Lin Senhao with the death penalty. Si Weijiang believes that the new anti-death penalty requests from students are similar to the ones considered in the first trial. Therefore, it is possible that the courts will consider the new information brought in by the petition in the second trial.

One of Lin Haosen’s Fudan classmates noted that if, in fact, the court did not consider these factors in the first trial, they would most likely not consider the student petition in the second trial.

Fudan University’s Publicity Minister, Xiao Sijian said that the school and students understand the issues. The students’ decision to write a joint letter is their legitimate right as citizens. The sentencing of Lin Senhao will ultimately be resolved through the proper legal channels; however the courts can consider various factors when making their decision.

Director of Fudan University News, Liu Chang noted that more than a year’s time has gone by since the poisoning case. The school has carried out the routine psychological counseling and education activities in order to help students that were distressed by the occurrence.

Source: wenxuecity.com

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Keywords: Fudan University Students Rally in Support of Lin Senhao