Defense lawyer criticizes investigation into Bern child killing
Published: Thursday, Jun 6th 2024, 12:20
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The investigators were very quick to identify his client as the perpetrator, the defence lawyer criticized on Thursday in his plea in the court case concerning the murder of a child in Bern. Third-party perpetration had not been investigated thoroughly enough.
Instead, the investigators had concentrated on incriminating material against his client. "What didn't fit was made to fit," said the defense lawyer. Too little exonerating evidence was included.
Hundreds of photos on the cell phone proved a loving relationship between mother and daughter. Chat messages also proved this, the defense lawyer explained.
The girl often played outside alone, even in the woods, because the children in the neighborhood didn't like it. In addition, she had not always told her mother the truth about where she was going.
The girl had also not always taken the most direct route home. Once she even had to search for her with the police, said the defense lawyer.
One teacher described how the child had often sought the company of others, was open towards other people and curious. It was therefore quite conceivable that the child had also been curious and open towards a third party perpetrator and had led them to his little hiding place in the forest.
There were certainly people in the mother's circle who might have had a motive for such an act. In particular, two men with whom she had an unsuccessful relationship or who had sought sexual contact with the woman. The defense argued that their alibis had not been sufficiently clarified.
Credibility of witnesses questioned
The witness who saw the mother and child outside on the evening of the crime was not credible. The boy, who was twelve years old at the time of the crime, had a great need for recognition. It was more than questionable whether he could separate what he had experienced from what he had invented. The boy's statements were lacking in detail and contradictory.
In addition, the forensic expert opinion stated that a stone identified as the murder weapon could not be the sole cause of the fatal injuries. No other murder weapon had ever been found and no intensive search had been carried out.
A trace of the mother's DNA was found on the stone because the woman had dug up the stone together with her daughter some time before the crime. However, the trace was only found in one place on the stone - in an awkward place that was not suitable for using the stone to strike.
Of course, his client had not been the "housewife of the year" and had had relationship and alcohol problems. But none of this had changed her love for her daughter. The investigators, however, were quick to focus on the negative aspects and too quickly dismissed any other perpetrator than the mother.
If his client is convicted, the real perpetrators will get off scot-free, the defense lawyer warned.
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