【新唐人2011年10月12日訊】古代有擊鼓申冤，現代有網絡申冤。楊金德涉黑一案，在網絡上越滾越大。楊金德的妹妹楊金芬繼上次為了替哥哥申冤賣身為奴之後，最近她進一步在微博刊登懸賞，她說誰能把辦案法官送進監獄，她願把自己的房子送出。刑事辯護律師表示，象這種陷害慘案，手段令人髮指。對此，不僅要辯護、要控訴，更要追究責任。
去年，楊金德因涉黑一案被拘捕後，遭受酷刑導致癱瘓，他的妹妹楊金芬在微博發出宣言:「若誰能幫哥哥伸冤，還其清白，我將終身為奴，回報大恩，決不食言。」
不過，楊金芬向《新唐人》表示，她目前遭到中共當局的監視。
河南南陽楊金芬：「現在他們安排了一個人，專門就是監測我的手機還有我的QQ，就是一直在監測我，說實在話，我跟我家裏的人立場非常堅定，我們只能跟他們鬥到底，我哥哥就講了，這些政治騙子的話是不可信的。」
事件的起因是，汽車商楊金德承租的五層樓辦公室土地被地主賣出，法院下令楊金德搬遷被他拒絕，河南南陽市臥龍區法院強行在他的銀行存款中提出八萬多元，充當部分罰款。楊金德不服，連夜帶幾名員工進京上訪，但當局以衝擊國家機關、組織黑社會等罪名將他拘捕，並關進南陽警犬基地。
這一段視頻，是現年四十三歲的楊金德，在看守所內對律師講述自己被警方逼供致殘的經過。
一審時，楊金德被人抬著上法庭，因為受到酷刑和自身疾病，他天天寫報告，要求看病以及要求傷害鑑定，但都遭到相關單位的拒絕。
楊金芬：「我們家屬去的話，只能在看守所的門外不讓進，我就是7月5號到14號，在唐河縣中院審理時，開庭的時間，看到我哥哥被這個被子裹來裹去的，幾個人抬著，一直躺在地板上，經過了10天開庭審理，後來我就一直沒有見過了，因為他們看守所拒絕我們家屬會見。」
律師楊大飛好幾次替楊金德申請取保候審，但每次申請都石沉大海，他表示，按規定不管申請是否核准，應當在七個工作天之內給家屬或律師一個答案。
北京律師楊大飛：「法院對你這種取保候審不理睬的話，你是沒有辦法的，而且這到底是什麽條件，才能符合取保，也沒有法律規定，所以這個事情他們的可取可不取，主動權完全掌握在他們自己的手裡。」
法院一審判決楊金德涉嫌組織、領導黑社會性質組織罪，聚眾擾亂社會秩序罪，妨害作證罪，強迫交易罪，尋釁滋事罪，妨害公務罪等6項罪名成立，判刑21年6個月，合併執行20年，並處罰金40萬元﹔另外，22名員工也被判有罪。
楊金德的家屬和律師認為，只因為楊金德和員工向法院討說法和赴京上訪，這樣就被認為是黑社會性質組織的頭目，他們認為是當局挾怨報復。
楊金芬：「我覺得政府方面好像不打算翻案，我有這種感覺，因為8月30號立案，31號就通知我們不開庭了，意思就是維持原判。」
楊大飛律師在他的博客寫著，河南南陽楊金德涉黑案，一審法官睜著眼說瞎話，明明是臥龍區法院違法執行，非要判決書寫上“依法執行”，明確是沒有圍堵大門，寧要說造成不能上下班後果，明明是臥龍區運管所違法查扣，非要說是依法查扣。
新唐人記者林莉、黃容、孫寧採訪報導。
“A Gang Plays” by “Eliminating a Gang”
In ancient China, people banged the drum when they redressed grievances.
Currently, people use the internet to redress their grievances. Yang Jinde’s case is becoming more and more developed and is attracting more and more attention.
Yang’s sister, JinFen, announced recently that she would give her house to the person who could sentence the judge to prison.
Before that, she said she would be ‘a slave’ to anybody who would help her brother redress his grievance. The defense lawyer said that authorities used outrageous measures so lawyers must defend, indict, and investigate accountability in this case.
Last year, Yang JinDe was arrested and accused of having involvement with the mafia. He was subject to torture and became paralyzed. His sister Yang JinFen then declared on a blog:” If anyone can help my brother to redress his grievance and declare his innocence, I’d like to be his slave for my entire life as return. I’ll never go back on.”
JinFen told NTD that she was monitored by CCP authorities.
Yang JinFen from Nanyang, Henan, China:”0020 Now, they have arranged a person to monitor my cell phone and QQ (a Chinese internet chatting tool). They have been monitoring me. 0055 To be honest, my family and I are very firm that the only thing we can do is fight with them until the end. My brother said, ‘those political cheaters have no credit.’”
Yang JinDe rented a five-story building for his auto business. The landlord sold the land, and the court ordered Yang to move out. Yang refused. HeNan Nanyang Wolong district’s court withdrew 80,000 Yuan from Yang’s bank account as part of the fine enforced. Yang was angered by the court’s action, and went to Beijing with a few employees to ask for fair treatment. Nanyang authorities then arrested him and locked him in Nanyang Police Canine Center. The authority charged him with “assaulting the state government and setting up a Mafia organization.”
http://orientaldaily.on.cc/cnt/china_world/20111011/00178_001.html
Yang is 43 years old now. This video recorded is what he described as the persecution process when he met the lawyer inside the detention center.
Yang was carried by others to court in the first instance. Yang reported everyday as means to ask for medical treatment and identification of his injuries, but was refused.
Yang Jinfen: “when my family members and I went to the detention center, we were kept outside. During the period from the 5th to 14th of July when my brother was put on trial, we saw him being carried there by others, then lying on the floor in a quilted cover. But, after the hearing, we were not allowed to see him again.”
Although Lawyer Yang Dafei tried many times to bail Yang Jinde out, there was no response. He said, according to the law, people should receive an answer within 7 working days whether or not the application is approved.
Yang Dafei, Beijing Lawyer: “You can do nothing when the court ignores your applications for bail. Because there is no clear interpretation of the law about the condition of whether or not a person can be bailed out, the initiative absolutely rests on the court’s side. “
In the first trial, Yang JinDe was convicted of organizing and leading a gang, gathering people to disturb social order, obstruction evidence, forcing trade, , obstructing official business. He was sentenced to 21 and a half years in prison which would run concurrently for 20 years, and fined 400,000 yuan. In addition, 22 employees were also convicted.
Yang Jinde is considered to be the leader of an organized crime group only because he and the other employees went to Beijing to petition for an explanation and to meet with higher authorities. Yang Jinde’s family and his lawyer believe he received retaliation from authorities.
Yang Jinfen: “I think the government does not intend to reverse the judgment. I have this feeling because we were informed on August 31, only one day after the case was placed on file that the court would not be re-open it. That means that the original verdict is being upheld. “
Lawyer Yang DaFei wrote in his blog: For Yang JinDe of Nanyang’s case, the judge in the first instance lied with a straight face. It’s clear that the Wolong district court violated the law, but the judge wrote “obey the law” in the verdict; It’s clear that nobody blocked the gate of the court, but they accused Yang JinDe of blocking the court office; It’s obvious that the Wolong district transportation management office illegal seized Yang JinDe’s property, but said it was ‘seized by law’.
NTD Reporters Lin Li, Huang Rong and Sun Ning