France - Maëlys De Araujo, 9, found deceased, Pont-de-Beauvoisin, 27 Aug 2017 #2

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Disparition de Malik Boutvillain : ses sœurs interdites de dépôt de plainte, après un appel malveillant

Disappearance of Malik Boutvillain: His sisters denied filing a complaint after a malicious phone call

Dalila and Karima Boutvillain are angry. When they received a call on 22 February saying that their brother, Malik, who has been missing for 8 years, was alive, the Grenoble police, in charge of the investigation, refused to take their complaint of malicious phone calls and kidnapping.



On Saturday 22 February, Dalila Boutvillain received a call on her mobile phone, the number of which appears on old search posters, concerning the disappearance of her brother Malik in May 2012 in Échirolles, while he was out jogging, without money, identity papers or a mobile phone.

A woman's voice says, "Please contact me as soon as possible, because I have Malik with me, missing since 2012." Immediately, Dalila calls back the person whose number is displayed on her cell phone. But the latter hangs up after having insulted her.

Dalila and her sister Karima then decide to go to the Grenoble police station to report this disturbing fact to the police and file a complaint. "If this person is disturbed in her head and says anything, we have to check it out. But if they have important information about my brother, we have to check it even more! The police have everything they need to geolocate the call because it wasn't hidden," exclaims Dalila. But when she and her sister Karima arrive at the police station, they received a cold shower.

The police refuse to take the complaint of the Boutvillain sisters.

" They wouldn't take our complaint, explaining that they needed a motive. So we said malicious call. We were told, no, we need more than one. So we said sequestration. At the reception desk, the police officer called the investigator in charge of Malik's file to the PJ. He said to just make a report and that he'd keep us posted. But since we had no information, we came back on Tuesday, and that's when we were told that they couldn't take our complaint. The law says that any citizen can file a complaint and the police or gendarmerie cannot refuse to register it," the two sisters are outraged.

Dalila and Karima are disgusted: "This mysterious phone call came two days before Malik's birthday. He would have turned 40 on 24 February! It brings back our pain. And it also reminds us that when Malik disappeared in 2012, the police had already refused to take our complaint of a disturbing disappearance. We had been told that Malik was an adult. It was us who had to conduct the investigation to try to find him! To no avail..."

But after the Lelandais case, the justice system became interested in several unsolved disappearances in the Rhône-Alpes region. The Ariane cell of the Gendarmerie then worked on 900 files and kept only 40, including that of Malik Boutvillain. According to their investigations, Malik might have crossed the path of the predator Nordhal Lelandais, indicted for the murders of Corporal Noyer and Little Maëlys.

The investigation into Malik's disappearance was therefore reopened by the Grenoble public prosecutor's office in 2018. A call for witnesses was launched in May 2019. So far, to no avail. This is why the family of the missing man does not understand why, when perhaps, with this phone call, something is finally happening in the file, the police do nothing and refuse to take the complaint.

Maître Boulloud, lawyer for the Boutvillain family, wrote to the examining magistrate in charge of the case to ask him to carry out the necessary investigations, following this call claiming that Malik was alive.

"This is terrible for us, because we think he is dead but we don't know how that happened and especially where his body is. And then there's this call. We're lost and no one is reaching out to us," Dalila and Karima conclude.


BBM
 
Le procès de Nordahl Lelandais pour la mort du caporal Noyer ne pourra pas se tenir cette année

The trial of Nordahl Lelandais for the death of Corporal Noyer cannot be held this year...


Since 16 March, the courts in France have been limited to dealing only with civil and criminal emergencies. Everywhere, non-priority hearings have been postponed, adding to the already large backlog of cases still to be tried, after two months of a massive strike by lawyers against pension reform. The restart of the "justice float" is therefore likely to be long and complex.

According to information reported by our colleagues of France Bleu, Nordahl Lelandais will not be tried in 2020 for the death of Corporal Arthur Noyer. His trial will probably not take place before the spring of 2021.

Arthur Noyer, 23 years of age, member of the 13th Battalion of Alpine Hunters, disappeared during the night of 11th to 12th April 2017 near Chambéry. His DNA was found on the "remains of a human skull" discovered by a hiker on a hiking trail on 7 September, at Montmélian, still near Chambéry.

Nordahl Lelandais first denied any involvement, then acknowledged in March 2018, before the investigating judges of Chambéry, a fight between him and Arthur Noyer, which led to the death of the latter.

The family of the young soldier is eagerly awaiting this trial. "The wait is obviously a pain for the families. But the most important thing is that the body has been found and that Lelandais will have to answer for his actions based on a well-founded accusation. We certainly don't want sterile appeals that would be painful. We trust the investigating judge who knows the case perfectly and who is quite right to take his time," according to Bernard Boulloud, lawyer of the family.


BBM
 
Niner said:
So Noyer case will be heard before Maelys? At least that's the way I understand about the article you posted. TIA!
Click to expand...

IMHO that was always so, because the the investigations into the assassination of Arthur Noyer are finished, while those for Maelys are still ongoing. The families do not want to join both cases.
 
Was looking for updates on any of the cases on Niner's list, but there isn't much. No doubt COVID-19 is among the causes.
I found this shocking detail, dated April 29, 2020 about the disappearance of Anne Charlotte Poncin.


Disparitions : Ils n'intéressent personne - Radio Capitole

The Arpd, the association which brings together family members of the missing, demand real measures from the state and denounce the weakness of the means implemented to find all those who have never returned.
These are families that have been devastated since one of their relatives disappeared. Years go by but nothing changes. The sister of one of the disappeared testifies about her journey, her wandering, one Saturday in March in Lyon, during a meeting of the ARPD.

"We never believed in my brother's disappearance, yet it took several months before the investigation wasqualified as a homicide."
Dalila Boutvillain, sister of Malik Boutvillain.

She feels like she's in a void with no contact with the investigators. "What a waste of time" Bernard Valézy, leader of the ARPD, laments.

"When we talk about missing persons, the investigation is only opened if the police consider it a worrying disappearance. “

In the audience, David spoke up: "The gendarmes didn't believe us, they told us he was a dropout. The investigation was not opened until five days later. It was too late for us. Lawyer Bernard Boulloud cites the case of the Poncin family of from the Ain who were convinced for 4 years that justice was closely following their case. But no file had been opened by the public prosecutor's office, often the investigations are a sham. There is no investigation.

For the ARPD, this must stop, there are 70,000 'disappearances' a year, without any serious procedure being in place. Bernard Valézy points out numerous dysfunctions. The association is asking the public authorities to organise a conference and to create a specific body which would devote a real place to these thousands of people who have never returned.


BBM


IMHO Anne Charlotte Poncin might have disappeared to start a new life, or at least that is what I thought at the time when we first heard about her disappearance. My assumption was based on the tacit idea that there had been an investigation. As it now turns out that there has been no investigation for 4 years, meaning that if Anne Charlotte was not found, it is not because she wasn't anywhere far or near, but because there was no search at all.
Which changes the picture a lott.

While it still is possible that she left to start a new life, IMHO another option is that the wrong person offered her a job and a ride.
 
Justice. Affaire Maëlys : la Cour de cassation tranche sur les accusations visant Lelandais

Maëlys case: Court of Cassation rules on charges against Lelandais


Last October, the Grenoble examining magistrate's chamber did not uphold the charge of rape against Nordahl Lelandais, indicted for the murder of little Maëlys in 2017. The Court of Cassation is due to consider this point on Thursday.

Will Nordahl Lelandais also be charged with rape? Almost three years after the death of the little girl, who disappeared at the age of eight during a wedding in Pont-de-Beauvoisin (Isère) at the end of August 2017, the Court of Cassation is to consider this Thursday the case of the former dog master, indicted for murder, who admitted killing Maëlys de Araujo while claiming that it was an "involuntary" act.

The Criminal Division is considering, in particular, an appeal by the Grenoble Public Prosecutor's Office, which is challenging the decision of the Investigation Division not to classify rape as a charge in its prosecution.

The prosecutor's office had in fact requested that the facts be reclassified as murder "preceded, accompanied or followed by rape", after the testimony of a cell neighbour of Nordahl Lelandais at the Saint-Quentin-Fallavier prison (Isère). According to this testimony, included in the file at the end of 2018, the former master dog would have confided to this detainee to have raped the child before beating her to death. Nordahl Lelandais denies this and refutes any sexual assault.

On 31 October, the investigation chamber rejected the request for an indictment for rape, believing that it did not have enough evidence. This led to an appeal in cassation by the public prosecutor's office in early November 2019.

For their part, Maëlys' parents and their lawyer are still awaiting a decision on their request to re-classify the facts as "rape" and "assassination".


An appeal by Nordahl Lelandais will also be examined this Thursday by the Court of Cassation. His lawyer, Mr. Jakubowicz, is contesting the presence in the file of the testimony of the former co-detainee of the former dog-master, maintained by the Grenoble examining magistrate's chamber.

At the beginning of January, Le Dauphiné Libéré evoked a trial "at the earliest in the spring of 2021" for the murder of little Maëlys - without counting the delay since the coronavirus pandemic.

Nordahl Lelandais was also indicted for the murder of Corporal Arthur Noyer in April 2017 in Savoy. In this case, however, the public prosecutor's office in Chambéry has meanwhile requested in February this year the referral to the assize court for "murder" and no longer "assassination", not retaining premeditation. The former dog handler is also charged with sexual assault on three of his little cousins and prosecuted for possessing child *advertiser censored* and recording pornographic images of minors under 15 years of age.


BBM
 
Thursday, June 11th:
*Hearing (Appeal) (re Maëlys case) (@ am CET) - France - Maëlys De Araujo (9) (Aug. 27, 2017, Pont-de-Beauvoisin, Isère; found Feb. 14, 2018) - *Nordahl Lelandais (34/now 36) arrested (9/3/17) & indicted with murder & kidnapping & forcible confinement of a minor younger than 15; being held in jail. Maleys' DNA found in his car.
Trial scheduled for 2021.
6/8/20 Update: Last October, the Grenoble examining magistrate's chamber did not uphold the charge of rape against Nordahl Lelandais, indicted for the murder of little Maëlys in 2017. The Court of Cassation is due to consider this point on Thursday, 6/11/20. The prosecutor's office had in fact requested that the facts be reclassified as murder "preceded, accompanied or followed by rape". On 31 October, the investigation chamber rejected the request for an indictment for rape, believing that it did not have enough evidence. This led to an appeal in cassation by the public prosecutor's office in early November 2019. An appeal by Nordahl Lelandais will also be examined this Thursday by the Court of Cassation. His lawyer, Mr. Jakubowicz, is contesting the presence in the file of the testimony of the former co-detainee of the former dog-master, maintained by the Grenoble examining magistrate's chamber.
*Indicted (12/20/17) for murder of Arthur Noyer (24) (April 11-12, 2017, Chambéry (Savoie); skull found Sept. 2017).
2/10/20 Update: The Chambéry prosecutor's office requested that Lelandais should be indicted for muer in the case of Noyer, & no longer for assassination (premeditation). Initially indicted for assassination in December 2017. Prosecutor's said NL had an intention to kill Noyer at the time the events took place, but that he had not premeditated his action. The maximum sentence incurred will be reduced from life imprisonment to 30 years in prison.
*Charged (7/3/17) & indicted (2/27/20) with sexual assault of a minor under 15 yrs re sexual assault on his young cousin (14) during a visit for her father’s funeral, a month before Maëlys’ abduction.
7/1/19 Update: Preliminary investigation has been opened (7/1/19). New judicial inquiry opened (10/29/19). A young cousin of Lelandais told BFMTV that she was sexually assaulted in March 2017 by the alleged murderer of Maëlys.
2/27/20 Update: Was in court. Investigating judge in Charleville-Mézières who served NL the indictment for sexual assault on his cousin in March of 2017. No info as of 6/8/20.
At the age of 16 (she was 14 at the time), the teenager filed a complaint last April for "sexual assault on a minor" and "death threats". That is one month before Arthur Noyer's disappearance and five months before Maëlys'. Nordahl Lelandais is currently under investigation in four cases.
*Indicted (12/7/18) for sexual assault on a minor & recording of child *advertiser censored* images. According to concurring sources, this indictment concerns the sexual touching of a little girl who was four years old at the time of the incident. Abusing his goddaughter, the daughter of a close friend. The video was taken in 2017 before the one where he was seen with his 6-year-old cousin. (NL admitted in particular that he had "for some time" been attracted to children & had pedophilic tendencies. "I didn't really make the difference between a woman and a child," he told the investigating judges).
Court info from 1/23/18 to 1/3/20 reference post #125 here:
Found Deceased - France - Maëlys De Araujo, 9, Pont-de-Beauvoisin, 27 Aug 2017 - #2
2/7/20 Update: Sexual assault (7/3/18) on a cousin: NL returns to prison after four hours in custody. 10:11am: NL was taken into police custody on Friday is part of the complaint filed by one of his cousins in spring 2018. Was taken to the La Verpillière brigade for questioning on this case. For the time being nothing has filtered out as to the content of his statements. Nordahl Lelandais can only be put under investigation in a second phase, either during a further police custody, or during a second extraction with a presentation before the judge in charge of this case in Charleville-Mézières.
 
Isère/Savoie. Affaire Maëlys : Lelandais va-t-il échapper à des poursuites pour viol ?


Maëlys case: Will Lelandais avoid prosecution for rape?

The decisions to be handed down by the Court of Cassation on Wednesday 17 June are eagerly awaited because the stakes are high: will Nordahl Lelandais have to stand trial for the rape of Maëlys, and not only for her murder, before the Isère Court of Assizes?

The highest court had heard these appeals on 4 June. Appeals from both Nordahl Lelandais and the public prosecutor's office of the Grenoble Court of Appeal.

The latter challenges a decision of the Grenoble investigating chamber of 31 October 2019 not to include the qualification of rape in its charges. The public prosecutor's office had in fact requested that the facts be reclassified as murder "preceded, accompanied or followed by rape" on the basis of the statements of a prisoner, a prison cell neighbour, to whom Lelandais had allegedly confided the rape of the little girl during the night of 26 to 27 August 2017 in Pont-de-Beauvoisin.

Lelandais' lawyer, Mr. Alain Jakubowicz, intends to have this crucial testimony annulled. The Lyon lawyer believes that this would have been obtained unfairly. The defence also hopes to see the psychiatric expertise of its client, now aged 37, annulled in its entirety, as it is an attack on the presumption of innocence. It paints a portrait of a man who "exercised a predatory hold on his victims, dehumanizing them, reducing them to objects that he could let decompose without any sense of shame or guilt."

According to information from the Dauphiné Libéré, the Court of Appeal has ruled in favour of prosecution who requested the rejection of the two appeals lodged by Nordahl Lelandais.


BBM
 
a little late.... just catching up! :)

Wednesday, June 17th:
*Hearing (Appeal) (re Maëlys case) (@ am CET) - France - Maëlys De Araujo (9) (Aug. 27, 2017, Pont-de-Beauvoisin, Isère; found Feb. 14, 2018) - *Nordahl Lelandais (34/now 36) arrested (9/3/17) & indicted with murder & kidnapping & forcible confinement of a minor younger than 15; being held in jail. Maleys' DNA found in his car.
Trial scheduled for 2021.
6/8/20 Update: Last October, the Grenoble examining magistrate's chamber did not uphold the charge of rape against Nordahl Lelandais, indicted for the murder of little Maëlys in 2017. The Court of Cassation is due to consider this point on Thursday, 6/11/20. The prosecutor's office had in fact requested that the facts be reclassified as murder "preceded, accompanied or followed by rape". On 31 October, the investigation chamber rejected the request for an indictment for rape, believing that it did not have enough evidence. This led to an appeal in cassation by the public prosecutor's office in early November 2019. An appeal by Nordahl Lelandais will also be examined this Thursday by the Court of Cassation. His lawyer, Mr. Jakubowicz, is contesting the presence in the file of the testimony of the former co-detainee of the former dog-master, maintained by the Grenoble examining magistrate's chamber.
6/11/20 Update: The decisions whether Lelandais will avoid prosecution for rape to be handed down by the Court of Cassation on Wednesday June 17. The highest court had heard these appeals on 4 June. Appeals from both Lelandais & the public prosecutor's office of the Grenoble Court of Appeal. The latter challenges a decision of the Grenoble investigating chamber of 31 October 2019 not to include the qualification of rape in its charges. The public prosecutor's office had in fact requested that the facts be reclassified as murder "preceded, accompanied or followed by rape" on the basis of the statements of a prisoner, a prison cell neighbour, to whom Lelandais had allegedly confided the rape of the little girl during the night of 26 to 27 August 2017 in Pont-de-Beauvoisin. Lelandais' lawyer, Mr. Alain Jakubowicz, intends to have this crucial testimony annulled.
*Indicted (12/20/17) for murder of Arthur Noyer (24) (April 11-12, 2017, Chambéry (Savoie); skull found Sept. 2017).
2/10/20 Update: The Chambéry prosecutor's office requested that Lelandais should be indicted for muer in the case of Noyer, & no longer for assassination (premeditation). Initially indicted for assassination in December 2017. Prosecutor's said NL had an intention to kill Noyer at the time the events took place, but that he had not premeditated his action. The maximum sentence incurred will be reduced from life imprisonment to 30 years in prison.
*Charged (7/3/17) & indicted (2/27/20) with sexual assault of a minor under 15 yrs re sexual assault on his young cousin (14) during a visit for her father’s funeral, a month before Maëlys’ abduction.
7/1/19 Update: Preliminary investigation has been opened (7/1/19). New judicial inquiry opened (10/29/19). A young cousin of Lelandais told BFMTV that she was sexually assaulted in March 2017 by the alleged murderer of Maëlys.
2/27/20 Update: Was in court. Investigating judge in Charleville-Mézières who served NL the indictment for sexual assault on his cousin in March of 2017. No info as of 6/8/20. At the age of 16 (she was 14 at the time), the teenager filed a complaint last April for "sexual assault on a minor" and "death threats". That is one month before Arthur Noyer's disappearance and five months before Maëlys'. Nordahl Lelandais is currently under investigation in four cases.
*Indicted (12/7/18) for sexual assault on a minor & recording of child *advertiser censored* images. According to concurring sources, this indictment concerns the sexual touching of a little girl who was four years old at the time of the incident. Abusing his goddaughter, the daughter of a close friend. The video was taken in 2017 before the one where he was seen with his 6-year-old cousin. (NL admitted in particular that he had "for some time" been attracted to children & had pedophilic tendencies. "I didn't really make the difference between a woman and a child," he told the investigating judges).
Court info from 1/23/18 to 1/3/20 reference post #125 here:
Found Deceased - France - Maëlys De Araujo, 9, Pont-de-Beauvoisin, 27 Aug 2017 - #2
2/7/20 Update: Sexual assault (7/3/18) on a cousin: NL returns to prison after four hours in custody. 10:11am: NL was taken into police custody on Friday is part of the complaint filed by one of his cousins in spring 2018. Was taken to the La Verpillière brigade for questioning on this case. For the time being nothing has filtered out as to the content of his statements. Nordahl Lelandais can only be put under investigation in a second phase, either during a further police custody, or during a second extraction with a presentation before the judge in charge of this case in Charleville-Mézières.
 
Isère/Savoie. Affaire Maëlys : « La voie est ouverte pour un procès pour viol »

Maëlys case: "The way has been cleared for a rape trial"

Live blog

14 h 10 :

According to the information of the Dauphiné Libéré, the Court of Cassation rejected on Wednesday 17 June the appeals formulated by Nordahl Lelandais.

While the two appeals lodged by Nordahl Lelandais were rejected, the Court of Cassation accepted that of the public prosecutor of Grenoble, paving the way for a possible trial for rape, and not just for the murder of Maëlys. A decision qualified as "of major importance" by the civil parties.

"The decision of the Grenoble examining magistrate's chamber, which annulled the supplementary prosecution for the indictment of Nordahl Lelandais for rape, is annulled without appeal. This is a major decision. The way is open for a rape trial," Maître Haas commented, at the request of the Dauphiné Libéré.
The Parisian lawyer is defending the interests before the Court of Cassation of the two little cousins of Nordahl Lelandais whom the latter had sexually assaulted in their sleep, in the summer of 2017, shortly before the murder of Maëlys.

The Grenoble examining magistrate's chamber should shortly take up this new qualification.

15 h 45 :

"In a first decision concerning the annulment of the supplementary indictment to charge Nordahl Lelandais with murder preceded by another crime (rape) against Maëlys De Araujo, the Criminal Chamber declared the defence appeal inadmissible but allowed the appeal of the Public Prosecutor General and consequently overturned the decision of the Investigation Chamber in its sole provisions concerning the annulment of the indictment. Mr. Lelandais remains under indictment for these charges," the Grenoble public prosecutor's office said in a statement.

16h40 :

"I am very satisfied with the content of these two rulings handed down today by the Court of Cassation. These two decisions are a striking disavowal for the defense, who tried to allege procedural issues to obscure the substance of the case and all the evidence incriminating Nordahl Lelandais," according to Mr. Rajon, lawyer for the family of Maëlys, when contacted by the Dauphiné Libéré. "The Court of Cassation reminds us of the reality of this case: there was nothing irregular about the proceedings against Nordhal Lelandais. We are also satisfied that the ruling confirms the regularity of the indictment for rape and we are moving towards the indictment of the accused for the rape of Maelys De Araujo, in accordance with our requests."

16h45 :

As for the defence of Lelandais, they are bitter. "The court's rulings are surprising and regrettable. The Court of Cassation dodges the issue," comments Maître Ghnassia, Nordahl Lelandais' defender before the Court of Cassation.


BBM
 
Nordahl Lelandais sera jugé pour la mort du caporal Noyer

Nordahl Lelandais will be tried for the death of Corporal Noyer.
The examining magistrates have referred Nordahl Lelandais to the Savoy court for the death of Arthur Noyer in April 2017.

A new twist in the case of the death of the young soldier Arthur Noyer. The examining magistrates of Chambéry have referred Nordahl Lelandais to the Savoy court for the "murder" of Corporal Arthur Noyer in April 2017, the prosecutor's office of Chambéry announced Friday 19 June.

The magistrates having followed the requisitions of the public prosecutor's office, the family of the young soldier who wanted the qualification of "assassination" (which introduces premeditation) will not be able to appeal. Only the defence of the accused may lodge an appeal.

Nordahl Lelandais's lawyer, Alain Jakubowicz, who was contacted by AFP, did not wish to comment. The deadline for appealing to the investigating chamber is 10 days from the notification of this decision to the person concerned.

During his hearing at the end of March 2018 by the judges in charge of the case, the former dog handler had confessed to a fight with the young soldier, whom he had picked up hitchhiking at the exit of a nightclub in Chambery, followed by a fatal fall for the 23-year-old in a rugged area about 20 kilometres from the city.

Three qualifications were therefore possible in this case: deliberate violence resulting in death without intent to give it, murder and assassination.


BBM


So, if I understand this well, only the defense may still appeal the indictment for murder and aim for "deliberate violence resulting in death without intent to give it". IMHO they are almost obliged to do that, else they are acknowledging the intent to cause death?

The indictment would be very different IMHO if links between NL and other cases of missing or murdered men had been uncovered.
 
@ZaZara - so I take it no actual date was given for this trial to begin? TIA! :)
 
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