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

Each crime should be judged in itself. Similar Modus Operandi do not proof anything. CB could be the author of n-1 crimes, and not of crime number n.
Exactly. Which is why it is possible that the court may disregard the evidence presented in the five case trial with no recognisable victims available to give back up testimony.
It is also why the defence was so eager to discredit the initial witnesses whose veracity was confirmed in the first case by witness statements and forensic evidence.
My opinion
 
Interesting to see how the ophthalmologist will recreate exactly the same lighting conditions in existence at the exact time and place as described by the person being assaulted.

There must have been some ambient lighting coming from somewhere. If not the bruised, battered, traumatised and severely injured rape survivor would have been unable to see a thing.

A blindfold was used by CB in the aggravated rape of DM which occurred the following year in 2005 meaning she was unable to see around her.

Snip
The German, who was given seven years in jail for the sexual assault, is reported to have blindfolded and then beaten the 72-year-old with a metal pole after breaking into her house near Praia da Luz.

And wanting enough light to be able to film the assault , defence believing it happened in near enough darkness. Lamp light would be enough to recognise eye colour imo.
 
Next witness expected.

Ophthalmologist as an expert

For the next trial date on Friday (5th. July) an ophthalmologist is expected as a witness. The defense had requested an appropriate opinion to clarify whether a perpetrator could only be recognized by the eyes. In the case of an Irish woman who was raped in Portugal in 2004, the person concerned had reported as a witness of „ piercing blue eyes “. „ His eyes, I think this man is the attacker “, she told the court. The defense simply considers recognition based on the blue eye color to be impossible.

I'm finding the idea of this really dubious. What can an ophthalmologist offer here? They'll presumably be privy to the light aspects of the room/s in which the attack took place but, even with that, what possible conclusive expertise can they ultimately bring here? HaB said she was attacked by a man with piercing blue eyes. That's her fact, that's what she said she saw and what she focused on, and I see no reason to doubt her on that. And no ophthalmologist can change that fact.

All they, at best, can do is say that eyes alone can't reliably be used as an identifier.
 
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I'm finding the idea of this really dubious. What can an ophthalmologist offer here? They'll presumably be privy to the light aspects of the room/s in which the attack took place but, even with that, what possible conclusive expertise can they ultimately bring here? HaB said she was attacked by a man with piercing blue eyes. That's her fact, that's what she said she saw and what she focused on, and I see no reason to doubt her on that. And no ophthalmologist can change that fact.

All they, at best, can do is say that eyes alone can't reliably be used as an identifier.
The question is was it CBs eyes ? if the ophthalmologist raises doubt that it could have been CB then that's for the bench to decide if it was or not, BARD ? will it be met.Also from the article I posted it seems as if that is only the identifying feature,ergo no scar or tattoo.
 
The ophthalmologist wasn’t there. No one knows the light conditions that night the rape lasted four hours, he must have had a light source for filming and there may be early day light when he left.
Didn’t HaB also said she would recognise his voice?
 
The question is was it CBs eyes ? if the ophthalmologist raises doubt that it could have been CB then that's for the bench to decide if it was or not, BARD ? will it be met.Also from the article I posted it seems as if that is only the identifying feature,ergo no scar or tattoo.

All that. I just don't think this eye expert will be able to say anything useful or significant either way.
 
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The ophthalmologist wasn’t there. No one knows the light conditions that night the rape lasted four hours, he must have had a light source for filming and there may be early day light when he left.
Didn’t HaB also said she would recognise his voice?
If he remains silent?
 
If he remains silent?
Maybe they did tapes a while ago. He also speaks on the known video with the tourists.( in German at least but his voice) they could use old tapes from videos, answering machines, etc. I think voice recognition plays an important role also. Why we are always hearing voices from perpetrators on tapes to recognise someone on crimewatch?
 
I just don't think this eye expert will be able to say anything useful or significant either way.
Would a court allow such a witness if he didn't have anything to add? or the potential to?

ETA ,extra days were set aside for extra witnesses, wasn't it said Edgar was also to appear, what cannot be argued as said before, the court is allowing a fair hearing imo.
 
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Maybe they did tapes a while ago. He also speaks on the known video with the tourists.( in German at least but his voice) they could use old tapes from videos, answering machines, etc. I think voice recognition plays an important role also. Why we are always hearing voices from perpetrators on tapes to recognise someone on crimewatch?
I know we've not heard all from the courts but speech never raised its head did it?
 
And wanting enough light to be able to film the assault , defence believing it happened in near enough darkness. Lamp light would be enough to recognise eye colour imo.
It is obvious when you think about it!! there simply had to have been enough light for filming!! therefore there was enough light for HB to form an opinion of what she was able to see.
 
Eyes can appear to change colour.Just something to ponder.


Changes in eye color are rare. Sometimes, the color of your eye may appear to change when your pupils dilate. The colors in your environment, including lighting and your clothes, can give the illusion of eye color change.

 
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Rape process

Christian B. driven into the courtroom in a wheelchair



In the almost one-hour negotiation against Christian B., no big twists were expected on Friday. However, there was a surprise in the trial of the suspect also in the Maddie case.

In the rape trial against the suspect also in the Maddie case, the defendant was driven into the hall in a wheelchair on Friday. In addition to the handcuffs, 47-year-old Christian B. also wore ankle cuffs and a belly belt over his jacket. The unusual appearance in the almost one-hour trial in the Braunschweig district court was not discussed.

She is not aware of a safety-relevant background, said a court spokeswoman on request. And she could not provide any information about the state of health of the accused. Defender Philipp Marquort explained after the short trial that his client had complained in advance of foot pain and had been treated. There were no further details at first. Finally, the presiding judge wished a general good recovery. Due to the illness of an alderman, several trial days had previously been cancelled.

The multiple convicted sex offender has been on trial since February because he is accused of three rapes and two cases of sexual abuse of children. However, the proceedings arouse great interest above all because the defendant is also under suspicion of murder in the case of three-year-old Madeleine McCann, who disappeared from a Portuguese holiday resort in 2007. However, the Maddie complex is not the subject of the current trial and the presumption of innocence applies.“

Probably another yoghurt-gate? No need to pin him to a wheelchair just like Hannibal Lecter, just because he may have hurt one of his feet in prison.

Interesting!!! Something must have happened, little Christian doesn't like at all!;)
 
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"Therefore, the brain extracts key information for facial identification primarily from the eyes, while the mouth and the nose are secondary, according to the study. According to Keil, if we take a photo of a friend as an example, one might think that every feature of the face is important to identify the person. However, numerous experiments have demonstrated that the brain prefers a coarse resolution, regardless of the distance between the face and the beholder. Until now, the reason for this was unclear. The analysis of the pictures of 868 men and 868 women in this study could help to explain this."

The results obtained by Kiel indicate that the most useful information is drawn from the images if they are around 30 by 30 pixels in size. "Furthermore, the pictures of the eyes provide the least 'noisiest' result, which means that they transmit more reliable information to the brain than the pictures of the mouth and the nose," the researcher said. This suggests that the brain's facial identification mechanisms are specialised in eyes.
 
Eyes can appear to change colour.Just something to ponder.


Changes in eye color are rare. Sometimes, the color of your eye may appear to change when your pupils dilate. The colors in your environment, including lighting and your clothes, can give the illusion of eye color change.


From your linked article...... "Changes in eye color are rare".
I'm not aware that CB is suffering from any of the syndromes in the linked article, hasn't been mentioned in Court AFAIK and I suspect FF would have been all over it if CB had a 'keyser fleischer ring' or 'pigment dispersion syndrome' or any of the other ailments.
 
Each crime should be judged in itself. Similar Modus Operandi do not proof anything. CB could be the author of n-1 crimes, and not of crime number n.
Similar MOs surely are evidence of guilt if not absolute proof.
If we have.

Breaking into the residence
Wearing black leotard and mask
Whipping
Carrying a sword like blade
Force deep throated oral rape
Setting up video camera


Are you able to find another case anywhere in the world which matches this MO..
Yet both rapes took place within 30 mins of each other...that's very convincing
 
Probably another yoghurt-gate? No need to pin him to a wheelchair just like Hannibal Lecter, just because he may have hurt one of his feet in prison.

Interesting!!! Something must have happened, little Christian doesn't like at all!;)
CB's "foot injury" may well have necessitated the requirement for the use of a wheelchair but it is intriguing that the use of such heavy duty restraints had been deemed necessary.

When was the last time we've seen a leg iron shackled prisoner brought into a European court? For me - never!
Why on earth were shackles round his ankles utilised - with a sore foot, he really wasn't going to get far anyway. I wonder if they were removed or if he sat throughout the hearing wearing them. Not a good look in either case.

All the indications point to some kind of an incident involving CB. We're just not going to find out what happened until the trial is over - if even then.

There seems to be a history of occasions when this guy is just uncontrollable and that must reflect on opinion in the court.
 
I think he’ll be able to say that a positive ID from the eyes alone is near impossible.

The point I'm trying (and failing!) to make is that surely that's a given! That the attacker having piercing blue eyes alone is weak evidence since there's no way of knowing if those piercing blue eyes belonged to CB, expert or no expert's conclusions. The stronger evidence in HaB's case is the MO and this alleged scar on her attacker's thigh. It just seems to me to be surplus to requirements, bringing in an ophthalmologist, when all that ophthalmologist can ultimately say is that there's no way of telling if those eyes belonged to CB. Which logic alone would tell us anyway.

I hope that makes some sense.
 
The point I'm trying (and failing!) to make is that surely that's a given! That the attacker having piercing blue eyes alone is weak evidence since there's no way of knowing if those piercing blue eyes belonged to CB, expert or no expert's conclusions. The stronger evidence in HaB's case is the MO and this alleged scar on her attacker's thigh. It just seems to me to be surplus to requirements, bringing in an ophthalmologist, when all that ophthalmologist can ultimately say is that there's no way of telling if those eyes belonged to CB. Which logic alone would tell us anyway.

I hope that makes some sense.
I suppose an expert opinion may hold more sway with the judges than a lay person's opinion would.
 

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