章莹颖案 受害人没找到就不能起诉谋杀罪 一说没有法律根据

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”。