Germany/Portugal - Christian Brueckner, 27 @ time of 1st crime (2004), charged with sexual assault crimes, Praia de Rocha, Portugal. #4

[Mex]

This is what happened in one if not the worst miscarriages of justice in the uk, DNA evidence extracted from Lesley Molsseds underwear was not matched to the real killer until he had been arrested on a sex offence and his DNA matched.When was CBs DNA first taken and is there a European DNA data base,

There was no DNA trail associated with identifying CB.

His friends named him to the police who traced the evidence which led back to DM's rape in 2005.

Theoretically there should have been a match between the 2004 rape and the 2005 rape. There wasn't

• the police didn't work either case as if they could be bothered and vital evidence from both was discarded
• as we now know, at the time there was no Portuguese database in existence at the time in question and when given the opportunity when there was one by forensics to have what they had in the case of DM's rape recorded - the police declined the opportunity

When the Germans took over DM's case after 2017 they traced the evidence back and here we are today with five cases and no DNA for any as far as we know.

That really doesn't paint a very good investigative picture. It seems DM was traceable from the files and initially HB was not ??

 

[mrjitty]

This is what happened in one if not the worst miscarriages of justice in the uk, DNA evidence extracted from Lesley Molsseds underwear was not matched to the real killer until he had been arrested on a sex offence and his DNA matched.When was CBs DNA first taken and is there a European DNA data base,

I've posted before in the thread of an example from the US where 100s of historical rape kits in one state were not processed. Then an investigator started processing them, and of course some provided hits because the suspect had reoffended since then and been caught.

even if they are processed, if the offender is not in the database yet, the offender won't be caught unless/until he is arrested for some future offence

IMO this is fairly typical

The problem with the HaB case is CB was forensically aware - so no DNA match. In the DM case, CB made a mistake.

 

[tedtink]

This is what happened in one if not the worst miscarriages of justice in the uk, DNA evidence extracted from Lesley Molsseds underwear was not matched to the real killer until he had been arrested on a sex offence and his DNA matched.When was CBs DNA first taken and is there a European DNA data base,

There is an EU cross border exchange and IIRC I think we've fleshed this out before in the MM thread. But as we're 4 years on now, see below for a re-fresh.

"The Portuguese DNA Profiles Database (BDADN-P) was created with the approval and publication of law 5/2008 of 12 February [1], for civil identification and criminal investigation purposes."

"Portuguese forensic DNA profiles database was implemented in 2010, although only in 2015 Portugal started the automated DNA data exchange with other countries."

https://www.sciencedirect.com/science/article/pii/S1875176819303907

 

[Davieson]

Wonder if they put any retrospective material on the data base, or only going forward with new samples from 2010 ?

 

[Janosch]

DNA evidence has been used by forensics since the mid eighties. The UK’s first database was established in 1995. DNA was collected in 2007 from 5A by the PJ and yes I know some samples were sent to the UK for testing although I don’t think because local authorities were incapable. DNA was collected from the HaB crime in 2004. It always seems as though Portugal is judged like some ancient civilisation which I think is unfair. I seem to recall that Portugal started its own DNA database in the early 2000s. Does anyone know what DNA capabilities Portugal had around the time of these crimes? @Janosch, you may know this.

DNA capabilities that Portugal had around the time of MM crime were fairly good. The problem is that almost all DNA collected at 5A were mitochondrial. Nuclear DNA collected was of known people: MM's father, and a boy who was staying there before MM's parents.

 

[tedtink]

Wonder if they put any retrospective material on the data base, or only going forward with new samples from 2010 ?

IDK but this is a V interesting 2020 book excerpt regarding Portugal leading to a better understanding of its historical, cultural, political history, Police trust issues, attitudes, including "fight against backwardness" and modernization regarding implementation of databases etc and cross border sharing etc.

https://www.researchgate.net/publication/345942102_Portugal

 

[RichardKimble]

It's behind a paywall but this stood out, expert on eyes to appear next week .

Christian B: Neue Zahlen, Fakten und Entwicklungen zum Prozess

Der „Maddie“-Verdächtige soll in Portugal drei Frauen vergewaltigt und zwei Kinder missbraucht haben. Ein Zwischenstand nach 24 Tagen im Prozess des Jahres vor dem Landgericht Braunschweig.

www.braunschweiger-zeitung.de

It plays an important role in context with the deed to Hazel B.. The Irish woman wants to memorize the light blue eyes of the masked perpetrator and so years later recognized Christian B.. At the request of the defense, an ophthalmologist will testify in the trial next week as an expert whether blue eyes look different for the viewer in dim light – as they did at the crime scene –.

 

[RichardKimble]

Something that was possibly missed a BKA profiler never turned up.also paywalled.

• 22. May 2024: On day 17, the head of the operational case analysis of the BKA should actually testify. The Federal Criminal Police Office compared the rape of Hazel B. to the rape of the 72-year-old American for whom Christian B. was convicted. But: The chief profiler is missing due to illness. Christian B.'s lawyers provide one Rejection request – due to bias.

Braunschweig: Prozess gegen Christian B. – das ist bisher passiert

Braunschweigs Staatsanwaltschaft wirft dem Maddie-Verdächtigen Vergewaltigungen und sexuellen Missbrauch vor. Kurz und knapp: So läuft der Prozess.

www.braunschweiger-zeitung.de

 

[Mex]

@Niner
I have come across a comprehensive summary of events in the trial which doesn't seem to be behind a paywall and which may be of interest to you for your notes.

Braunschweig: Prozess gegen Christian B. – das ist bisher passiert

Braunschweigs Staatsanwaltschaft wirft dem Maddie-Verdächtigen Vergewaltigungen und sexuellen Missbrauch vor. Kurz und knapp: So läuft der Prozess.

www.braunschweiger-zeitung.de

 

[RichardKimble]

[COLOR=var(--tw-prose-bold)]May 2, 2024[/COLOR] : Mark Draycott is an investigator from Scotland Yard and is dealing with the Maddie case. His testimony was heard on the twelfth day of the trial. He contradicts [COLOR=rgb(15 117 151/var(--tw-text-opacity))]a statement by the key witness Helge B[/COLOR] .. It is also announced on this day that the Göttingen Regional Court has rejected the application for a retrial of the 2019 trial against Christian B. as inadmissible.

Did we hear that Draycott contradicted HeB.

 

[UK Girl]

[COLOR=var(--tw-prose-bold)]May 2, 2024[/COLOR] : Mark Draycott is an investigator from Scotland Yard and is dealing with the Maddie case. His testimony was heard on the twelfth day of the trial. He contradicts [COLOR=rgb(15 117 151/var(--tw-text-opacity))]a statement by the key witness Helge B[/COLOR] .. It is also announced on this day that the Göttingen Regional Court has rejected the application for a retrial of the 2019 trial against Christian B. as inadmissible.

Did we hear that Draycott contradicted HeB.

Would that be about the tapes/videos saying 2005 on them?

 

[Denis R Tandib]

Would that be about the tapes/videos saying 2005 on them?

Yes it is. HeB wants the date stamp included in his evidence. MD says it was never discussed in 2017.

 

[UK Girl]

Yes it is. HeB wants the date stamp included in his evidence. MD says it was never discussed in 2017.

I thought the Judge from the original case also disputed it?

 

[Niner]

@Niner
I have come across a comprehensive summary of events in the trial which doesn't seem to be behind a paywall and which may be of interest to you for your notes.

Braunschweig: Prozess gegen Christian B. – das ist bisher passiert

Braunschweigs Staatsanwaltschaft wirft dem Maddie-Verdächtigen Vergewaltigungen und sexuellen Missbrauch vor. Kurz und knapp: So läuft der Prozess.

www.braunschweiger-zeitung.de

Thank you for the link. I shall put this post # in my notes - since it is summary of the events so far.

 

[RichardKimble]

Wird der Haftbefehl gegen den Maddie-Verdächtigen aufgehoben?

Zum Ende der Beweisaufnahme im Prozess gegen Christian Brückner sieht Verteidiger Dr. Friedrich Fülscher keinen dringenden Tatverdacht mehr.

www.bild.de

Google translate.

Defence wants arrest warrant lifted
Will Maddie suspect Brückner (47) soon be released?

Kai Feldhaus
Brunswick
21.06.2024 - 7:47 pm

[...]

"For an arrest warrant to be upheld, there must be a strong suspicion of the offence," said defence lawyer Dr Friedrich Fülscher (40). "Since the essential evidence has been collected and it has not been established that any of the charges are true, the arrest warrant can no longer be upheld."

[...]

The court must now decide whether the arrest warrant will be cancelled. "If this is the case, the defendant will be acquitted unless the public prosecutor pulls another rabbit out of the hat," says lawyer Fülscher. "Otherwise, we know where we have to start with further motions for evidence.”

 

[C.greek]

Wird der Haftbefehl gegen den Maddie-Verdächtigen aufgehoben?

Zum Ende der Beweisaufnahme im Prozess gegen Christian Brückner sieht Verteidiger Dr. Friedrich Fülscher keinen dringenden Tatverdacht mehr.

www.bild.de

Google translate.

Defence wants arrest warrant lifted
Will Maddie suspect Brückner (47) soon be released?

Kai Feldhaus
Brunswick
21.06.2024 - 7:47 pm

[...]

"For an arrest warrant to be upheld, there must be a strong suspicion of the offence," said defence lawyer Dr Friedrich Fülscher (40). "Since the essential evidence has been collected and it has not been established that any of the charges are true, the arrest warrant can no longer be upheld."

[...]

The court must now decide whether the arrest warrant will be cancelled. "If this is the case, the defendant will be acquitted unless the public prosecutor pulls another rabbit out of the hat," says lawyer Fülscher. "Otherwise, we know where we have to start with further motions for evidence.”

What arrest warrant?! Isn't he currently in jail and also in trial?!

 

[RichardKimble]

What arrest warrant?! Isn't he currently in jail and also in trial?!

The BZ is also talking of the same.

Kommt der Maddie-Verdächtige Christian B. schon 2025 frei?

Seine Verteidiger haben beantragt, den Haftbefehl aufheben zu lassen. Das Landgericht Braunschweig soll nun offenlegen, wie es die bisherige Beweisaufnahme bewertet. Auch die Staatsanwaltschaft steht unter Druck.

www.braunschweiger-zeitung.de

The trial of the Maddie suspect Christian B. in front of the Braunschweig Regional Court comes to a crucial turnout. The 47-year-old is currently serving the last months of his rape sentence. In the ongoing process, in which he is must be responsible for another five sexual offenses, arrest warrant had been issued against him.
Defender Dr. Friedrich Fülscher has now requested cancellation, he confirmed to our editorial team. If the chamber complies with this, this would have a signal effect for the process and also in the case of „ Maddie “.

 

[Davieson]

You have to give full marks to FF for his efforts.

 

[RichardKimble]

Limited hearing this week because of illness, a few hours on Friday to meet procedures.

Prozess gegen Christian B. - unerwartete Unterbrechung

Der Maddie-Verdächtige steht wegen schwerer Sexualdelikte vor dem Landgericht Braunschweig. Nun gerät der Terminplan durcheinander. Unsere Redaktion nennt den Grund.

www.braunschweiger-zeitung.de

A deep taking of evidence is not expected on the day. At most, a note or a certificate is read out, then the paths of all those involved separate again. Negotiations will continue as of 5. July. That would be the last appointment before the summer break that lasts a month. The trial against Christian B. will only continue on 5. August.

 

[Anxala]

You have to give full marks to FF for his efforts.

He seems to have done a very efficient job here albeit helped somewhat by the less than sterling performances of the prosecution, its witnesses and the BKA. It's a shame FF's unlikely to ever get a chance to defend CB in the MM case. By which I mean, the likelihood of CB ever being charged looks less and less likely as this messy trial proceeds.