Brian’s lawyer in Dielsdorf: “Brian is not a monster”.
Published: Tuesday, Oct 31st 2023, 13:10
Updated At: Wednesday, Nov 1st 2023, 00:55
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On the second day of Brian's trial in Dielsdorf, his lawyers stressed Tuesday that the 28-year-old "was never dangerous." He was not the monster he was portrayed as by the prosecution and the media, they said. The verdict will be opened on November 8.
"Brian just needs a chance, he's going to take it. Release him," Brian's lawyer said in his plea. According to the lawyer, solitary confinement is exclusively responsible for the approximately 30 offenses for which Brian is again on trial.
"In solitary confinement in Pöschwies prison, he had to find something to do and create stimuli for himself. He managed to do this by insulting the guards and damaging things. Only this will to resist saved him from madness.
"The state is at war with Brian"
Now, however, the public prosecutor is demanding a prison sentence of 9 years and 7 months "for a list of petty offenses". This, he said, is completely excessive. "The state is waging war against Brian because it cannot accept his otherness," the lawyer continued.
The legal team is demanding the release of the prisoner and financial compensation, which could run into millions. The lawyers refer to precedent rulings of the European Court of Human Rights (ECHR). According to these, each day of torture is compensated with 2000 francs. For the lawyers, solitary confinement for such a long time clearly constitutes torture.
In fact, solitary confinement is allowed for a maximum of 15 days. Anything over that is actually a human rights violation. However, Brian sat alone in a cell from August 2018 to January 2022, more than three years. In January 2022, Brian was transferred to Zurich Prison, since then he has had contact with fellow inmates and a daily structure. His behavior improved significantly.
Release as a "great experiment
However, an expert witness had described a possible release on the first day of the trial as a "great experiment." Brian could adapt to situations, but he had not become a different person. His personality structure was still unchanged, as he refused any therapy. Conflicts with him could still escalate quickly.
According to the report, Brian has signs of dissocial personality disorder with pronounced psychopathic traits, plus ADHD and depression.
In the most serious newly charged offense, attempted aggravated assault, Brian allegedly threw a piece of broken glass toward a supervisor. The supervisor was injured above the eye. In addition, there are three cases of simple bodily injury, seven cases of damage to property, five cases of threats and 19 cases of violence and threats against authorities and officials.
Brian was also excused from the trial on Tuesday because he did not want to be presented in hand and foot restraints. The Dielsdorf District Court will open its verdict on November 8.
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