Spain Spain - Ana Knezevich, 40, from Florida, going through divorce, missing under suspicious circumstances on trip to Madrid, 5 Feb 2024 *Arrest*

[FacelessPodcast]

In Spain, it sounds like anyone can initiate an investigation into a crime by registering with a judge. LE is not necessarily the person/body that initiates the investigation with the court.

SMB: Pls can you expand on that a little @Sundog?

 

[Sundog]

<modsnip: quoted post was removed>
I think the issue is related to the different function of the courts in Spain as compared to the U.S. The fact that the case has been transferred to the Gender Violence Court and that the GVC only deals with cases of domestic violence gives the impression that AK's disappearance is due to domestic violence. It seems that the Spanish court (whether specialty court or other court) investigates crime, whereas in the U.S. the courts only prosecute crime, they don't investigate crime - that is the role of law enforcement. So even though the case has been transferred to the GVC, it may be only at the investigation state based on the concerns of AK's friend and family and the Missing Persons unit that is representing the friend and family. And if the GVC is at the stage of investigation, then we very well could be jumping to conclusions by thinking that they have evidence that this is actually a case of domestic violence. If they do not find evidence that it is a domestic violence case, then I assume the court will refer the case back to the regular criminal court.

Given the above, the statement by AK's brother strikes me as misleading in the sense that the JVC has not ruled that this is, in fact, a case of domestic violence, they are merely the specialty court to which the case was referred based on either actual evidence OR the information they have received by AK's friend and brother which the GVC is investigation.

Hopefully, @FacelessPodcast, you are able to follow my thinking on this.

 

[kaya3627]

Why does Spain have LE if it's up to the court to investigate? Does the Spanish court have its own police force for their investigations?

 

[kaya3627]

I think the issue is related to the different function of the courts in Spain as compared to the U.S. The fact that the case has been transferred to the Gender Violence Court and that the GVC only deals with cases of domestic violence gives the impression that AK's disappearance is due to domestic violence. It seems that the Spanish court (whether specialty court or other court) investigates crime, whereas in the U.S. the courts only prosecute crime, they don't investigate crime - that is the role of law enforcement. So even though the case has been transferred to the GVC, it may be only at the investigation state based on the concerns of AK's friend and family and the Missing Persons unit that is representing the friend and family. And if the GVC is at the stage of investigation, then we very well could be jumping to conclusions by thinking that they have evidence that this is actually a case of domestic violence. If they do not find evidence that it is a domestic violence case, then I assume the court will refer the case back to the regular criminal court.

Given the above, the statement by AK's brother strikes me as misleading in the sense that the JVC has not ruled that this is, in fact, a case of domestic violence, they are merely the specialty court to which the case was referred based on either actual evidence OR the information they have received by AK's friend and brother which the GVC is investigation.

Hopefully, @FacelessPodcast, you are able to follow my thinking on this.

I think I read the Florida police, the FBI and Interpol are involved. Clearly there is an investigation, in my opinion.

 

[FacelessPodcast]

I think the issue is related to the different function of the courts in Spain as compared to the U.S. The fact that the case has been transferred to the Gender Violence Court and that the GVC only deals with cases of domestic violence gives the impression that AK's disappearance is due to domestic violence. It seems that the Spanish court (whether specialty court or other court) investigates crime, whereas in the U.S. the courts only prosecute crime, they don't investigate crime - that is the role of law enforcement. So even though the case has been transferred to the GVC, it may be only at the investigation state based on the concerns of AK's friend and family and the Missing Persons unit that is representing the friend and family. And if the GVC is at the stage of investigation, then we very well could be jumping to conclusions by thinking that they have evidence that this is actually a case of domestic violence. If they do not find evidence that it is a domestic violence case, then I assume the court will refer the case back to the regular criminal court.

Given the above, the statement by AK's brother strikes me as misleading in the sense that the JVC has not ruled that this is, in fact, a case of domestic violence, they are merely the specialty court to which the case was referred based on either actual evidence OR the information they have received by AK's friend and brother which the GVC is investigation.

Hopefully, @FacelessPodcast, you are able to follow my thinking on this.

Thanks for sharing your thoughts. To cycle back to my earlier question on being able to register a criminal complaint directly with a judge in Spain. I think you're referring to the denuncia -- literally denounce. Simply put, if it's a civil complaint, you go to the court directly. If it's criminal, you go to the police. The Policía Nacional are investigating this crime, as with any crime. That a court has already been allocated is a natural consequence of their investigation.

I'm not really sure I follow this: "It seems that the Spanish court (whether specialty court or other court) investigates crime, whereas in the U.S. the courts only prosecute crime, they don't investigate crime - that is the role of law enforcement."

What would be the role of the police in this country, then?

 

[Sundog]

SMB: Pls can you expand on that a little @Sundog?

I can't find the source I read earlier in this case, but this link provides some information along the lines which I was referring to.​

How to initiate a criminal procedure in Spain - Spain Lawyer - Legal assistance in Spain

Who may file a criminal complaint? do I need the assistance of a Spanish lawyer? what is the difference between a criminal complaint and a criminal report?

www.spainlawyer.com

​

2.1. Who may file a criminal complaint?​

The aggrieved person may file an accusation (querella) in writing before a judge, stating that a certain person is charged with a designated crime, either a public or a private crime.

By stating the accusation, the complainer initiates a criminal proceeding against the offender in order to investigate whether he or she has committed the crime or not. The complainer shall declare that he or she wish to become the prosecutor party to the criminal proceeding.

Although Spaniards can make this accusation before a Judge, whether they are the aggrieved persons or not, however, foreigners may only claim before a Spanish Judge whenever they had been the victims of a crime in Spain.

The claimer (querellante) may renounce the claim previously stated at any moment, nevertheless he may be required for civil or criminal liability.

The judge will decide whether to start the criminal procedure or not. The Judge decision may be appealed, provided that he had decided not to initiate the criminal proceeding.

 

[Sundog]

I think I read the Florida police, the FBI and Interpol are involved. Clearly there is an investigation, in my opinion.

I only remember reading that the FBI were involved and that makes sense since AK is an American citizen who is missing. Perhaps Florida is also involved given that it is a missing person case, although since she disappeared overseas, that may not be the case. I haven't heard if Interpol is involved or not.

It's possible that some of these LE organizations are involved due to the fact that AK is a missing person and they are investigating that.

The investigation by authorities in Spain appears to be more of a criminal investigation, at least from what the Spanish media are reporting.

 

[kaya3627]

"The Court of Violence against Women No. 9 of Madrid has taken charge of the investigation into the disappearance of Ana Knezevich.

Sources consulted assure that "a criminal act" is being investigated: the main suspect becomes her husband David Knezevich, the husband of the American woman who disappeared in Madrid, refuses to take the polygraph test

The Court of Instruction No. 51 of Madrid recused itself last week in favor of the Court of Violence against Women No. 9 of the capital to investigate the disappearance of Ana Knezevich, the American woman of Colombian origin who disappeared on February 2 in the Salamanca neighborhood after the surveillance cameras in his building were spray-painted black by a man wearing a motorcycle helmet."

Joaquín Amills, president of SOS Desaparecidos, told Informativos Telecinco this Monday that total secrecy is maintained in the investigation, which is "a good sign," because it means that both the FBI and the Spanish authorities "are working hard and Non stop".

Ken Padowitz, Ana's husband's lawyer, said that his client is not going to Spain because he has nowhere to stay and because he does not know the language, but there are doubts about whether the man visited our country. By plane it has been proven that he did not, but it is not ruled out that he did it from his country by car, crossing half of Europe.

The agents want to determine if Ana's husband arrived in our country in a rented car so as not to leave any trace. Another way that can be assumed is the sending of a person on request, since the man has a high economic wealth.

The main suspect is David Knezevich (who plans to return to Florida in the future), but it is also verified and investigated whether the woman's attacker could have been a person from her recent group of friends in Madrid. However, Ana's closest circle does not give much credence to this line.

Informativos Telecinco has contacted the United States Embassy in Spain and the Colombian Consulate in Madrid and they have not wanted to comment on the case.
___________________________________________________________
Several of her friends highlighted that, some time ago, they thought that her device and email could be hacked.
___________________________________________________________
According to a neighbor, there was light in her house around 1:00 a.m. and the blinds were not lowered, when she always lowered them. On Sunday, February 4, it was found that the house was empty, the light was already off.

Her entourage claims that she used a dating app, Bumble, but was not currently meeting anyone in particular. Now they regret that, after warning that she could be kidnapped on repeated occasions, it has taken so long to follow this line. Everything indicates that they kidnapped her without any neighbors hearing anything."

El Juzgado de Violencia sobre la Mujer Nº 9 de Madrid se hace cargo de la desaparición de Ana Knezevich

El Juzgado de Instrucción Nº 51 de Madrid se inhibió la semana pasada en favor del Juzgado de Violencia sobre la Mujer Nº 9 de la capital para inves

www.telecinco.es

 

[Sundog]

I'm not really sure I follow this: "It seems that the Spanish court (whether specialty court or other court) investigates crime, whereas in the U.S. the courts only prosecute crime, they don't investigate crime - that is the role of law enforcement."

What would be the role of the police in this country, then?

If I am understanding correctly, the Spanish court investigates crimes but in the U.S. the courts do not investigate crimes. In the U.S., law enforcement investigates crimes and then takes the evidence to the prosecution that decides whether or not there is enough evidence to get an indictment (either through a judge or a grand jury). It sounds like in Spain, the court is involved with both the investigation and the possible prosecution.

Perhaps this is only in civil cases, as you mentioned in another post, above. If that is the case, then I am relieved and have misunderstood how the legal system works in Spain based on various analyses online that I have read as a result of this case.

 

[Sundog]

"The Court of Violence against Women No. 9 of Madrid has taken charge of the investigation into the disappearance of Ana Knezevich.

Sources consulted assure that "a criminal act" is being investigated: the main suspect becomes her husband David Knezevich, the husband of the American woman who disappeared in Madrid, refuses to take the polygraph test

The Court of Instruction No. 51 of Madrid recused itself last week in favor of the Court of Violence against Women No. 9 of the capital to investigate the disappearance of Ana Knezevich, the American woman of Colombian origin who disappeared on February 2 in the Salamanca neighborhood after the surveillance cameras in his building were spray-painted black by a man wearing a motorcycle helmet."

Joaquín Amills, president of SOS Desaparecidos, told Informativos Telecinco this Monday that total secrecy is maintained in the investigation, which is "a good sign," because it means that both the FBI and the Spanish authorities "are working hard and Non stop".

Ken Padowitz, Ana's husband's lawyer, said that his client is not going to Spain because he has nowhere to stay and because he does not know the language, but there are doubts about whether the man visited our country. By plane it has been proven that he did not, but it is not ruled out that he did it from his country by car, crossing half of Europe.

The agents want to determine if Ana's husband arrived in our country in a rented car so as not to leave any trace. Another way that can be assumed is the sending of a person on request, since the man has a high economic wealth.

The main suspect is David Knezevich (who plans to return to Florida in the future), but it is also verified and investigated whether the woman's attacker could have been a person from her recent group of friends in Madrid. However, Ana's closest circle does not give much credence to this line.

Informativos Telecinco has contacted the United States Embassy in Spain and the Colombian Consulate in Madrid and they have not wanted to comment on the case.
___________________________________________________________
Several of her friends highlighted that, some time ago, they thought that her device and email could be hacked.
___________________________________________________________
According to a neighbor, there was light in her house around 1:00 a.m. and the blinds were not lowered, when she always lowered them. On Sunday, February 4, it was found that the house was empty, the light was already off.

Her entourage claims that she used a dating app, Bumble, but was not currently meeting anyone in particular. Now they regret that, after warning that she could be kidnapped on repeated occasions, it has taken so long to follow this line. Everything indicates that they kidnapped her without any neighbors hearing anything."

El Juzgado de Violencia sobre la Mujer Nº 9 de Madrid se hace cargo de la desaparición de Ana Knezevich

El Juzgado de Instrucción Nº 51 de Madrid se inhibió la semana pasada en favor del Juzgado de Violencia sobre la Mujer Nº 9 de la capital para inves

www.telecinco.es

Lots of speculation in this article, yet still no evidence reported.
And the usual unidentified sources.

 

[kaya3627]

Ana's brother: "I don't know anything about my ex-brother-in-law, I don't want to speculate about anything, I just want to know any information so I can find it."
"The Spanish police at first took it as a voluntary disappearance instead of a forced one"

"If I tell you the truth, I have zero contact with the Spanish police, only at the beginning. They took it as a voluntary disappearance rather than a forced one, until I appeared in the media saying that it is very suspicious. It has been too difficult a time and "The time difference is very hard. My mother is in therapy," explains Felipe.

It is a shame that she had to appear in the media to be taken seriously, she has been missing for 45 days."

El hermano de Ana María, la mujer desaparecida en Madrid: "Los mensajes que mandó desde su móvil no son de ella"

‘Vamos a ver’ entrevista a Felipe, hermano de Ana María, la mujer de 40 años con nacionalidad estadounidense y colombiana que llevaba poco tiempo in

www.telecinco.es

 

[kaya3627]

Lots of speculation in this article, yet still no evidence reported.
And the usual unidentified sources.

Hence the investigation.

Usually evidence isn't reported until the investigation is complete.

It's a common practice as LE does not want to jeopardize the case.

 

[BuySellTrade]

In Spain, the police can detain you for 72 hours, in which time they have to bring you before a judge who will ultimately decide if you're released, sent to jail pending trial, or released pending a future court appearance. Of course, that's if they're arresting you. If they just want to question you / talk to you, that's a different matter. But this would be moot if the suspect were to be in a separate country in the Balkans.

Thought had occurred to me that could be a reason why the husband would not travel to Spain but was unsure of law in Spain.

See I am 5 pages behind so this may be moot.

 

[Charlot123]

With all the facts that we do know... Do you think it's more likely that Ana went for a walk and fell down a sinkhole? Or do you think it's more likely that "someone close to her" was involved with her "disappearance?" [Spanish investigators treating this as Gender Violence + its requirements for that classification]

I don’t know what to think. I have a strange feeling that Anna has, inadvertently, gotten herself in a very precarious situation, perhaps not with this divorce but with the marriage itself. I have tons of questions <modsnip>

 

[Charlot123]

Linked article and videos say that the family believes her husband is in Serbia. News Nation attempted to contact him but haven't had a response. The interview with her brother -- first video linked in post #2 -- has information about one of the text messages.

This is another strange situation. Divorce or not, disappearance or no disappearance, he had business in the US. He might lose it, sitting in Serbia. He has a great lawyer protecting his interests. Why is he uncaring about his business, his assets, finances? Thoughts?

 

[FacelessPodcast]

<modsnip: quoted post was removed>
National broadcasters in Spain are openly reporting on the husband as "the main suspect."

"...Clearly, 'a criminal act' is being investigated -although which kind has not yet been openly determined- and logically, 'the main suspect is her partner', David Knezevich."

[claramente, que se está investigando "un hecho criminal" -aunque no se haya determinado el tipo, si un secuestro, como se baraja- y que, lógicamente, "el principal sospechoso de su desaparición pasa a ser su pareja", David Knezevich.]

 

[kaya3627]

March 19,2024

"Ana's relatives claim that it was a forced disappearance just at the time when the marriage was going through a difficult time.

In homes alone, both have a net worth of almost $3,500,000.

Apparently, they have four houses, but none of them were in their names. Three are in the name of David - the husband -, while only one is in the name of Ana.

According to Ana's family lawyer in Spain, on Telecinco's 'TardeAR' program, "the husband has not had the slightest concern in looking for her nor has he collaborated."

Toda la información sobre la extraña desaparición de Ana Knezevich: "parece forzosa y el móvil podría ser económico"

Ana María continúa desaparecida desde el 2 de febrero en Madrid

www.lecturas.com

 

[kaya3627]

This is another strange situation. Divorce or not, disappearance or no disappearance, he had business in the US. He might lose it, sitting in Serbia. He has a great lawyer protecting his interests. Why is he uncaring about his business, his assets, finances? Thoughts?

Maybe he is deeply saddened and affected by Ana's disappearance. That could be why he can't focus on business at this time as he is too sad.

 

[indicolite22]

<modsnip: quoted post was removed> Information about him is primarily coming from MSM sleuthing him or from MSM interviews with Ana's friends, family, their representatives or his attorney. All is fair game for discussion, but we can't automatically treat that information as factual. (IMO)

 

[kaya3627]

Information about him is primarily coming from MSM sleuthing him or from MSM interviews with Ana's friends, family, their representatives or his attorney. All is fair game for discussion, but we can't automatically treat that information as factual. (IMO)

Could you be more specific?