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

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Respectfully, the post that led to this comment was doubting HaB's recollection of the eyes of her attacker. This has nothing to do with the prosecution, but the post was doubting HaB's ability to remember what she saw. Jmo
This was the op:
I suppose it would depend upon her cognitive ability after nearly 20 years.
The test would be to present her with images of a couple of dozen sets of blue eyes to see if she could identify CB. Rather like looking at a book of mugshots.
Your post is continuing the ugly victim blaming narrative - it’s unfair. Even though HaB is a rape victim, it’s okay to question if her method of identification is possible. One should be allowed to be examined separately from the other.
 
AFAIK The Courts objective finding was that the ophthalmologist testified that only blue eyes can be seen in the dark and twilight, all other eye colours appear as black.

Engaging with the OP's deliberate or plain obtuseness is plain boring, nothing to do with the charges being dismissed, suggesting the victim does some kind of eye ID parade is ludicrous and degrading IMO and I stand by that.

I agree with your last para.
BIB, please help me understand the suspects blue eyes are those of HaB’s attacker. That’s the question here. He is on trial for rape and has blue eyes but that does not mean he committed the attack.
 
BIB, please help me understand the suspects blue eyes are those of HaB’s attacker. That’s the question here. He is on trial for rape and has blue eyes but that does not mean he committed the attack.
The only option open to HB is to tell what happened to her on the night she was raped and tortured which she has done, succinctly and with sincerity.

She has given as much information to the court as she could and she has answered the questions asked by the court with honesty and as well as she could.

HB is not required to justify herself under any circumstances to anyone else.

The expectation you suggest that HB is open to further questioning out-with the process to which she allowed herself to be subjected in the interest of Justice, opens the door to validation of the accusation of victim blaming.
Which in turn leads to objection given the history of rape trials of the past where victim blaming is exactly what happened.

Sam Smethers from the Fawcett Society says she's "shocked by the scale of the blame culture".
"Our blame culture is deeply embedded in our society," she says.

 
This was the op:

Your post is continuing the ugly victim blaming narrative - it’s unfair. Even though HaB is a rape victim, it’s okay to question if her method of identification is possible. One should be allowed to be examined separately from the other.
Can we agree that there was mention of cognitive ability in the post? Why should we or anyone question the cognitive ability of a 40 year old woman?! Where does that point fit in?

Moreover, she testified she recognised her assailant from his eyes when she saw photos of him in 2020 and described the horrible physical reaction she had at that moment. This means she didn't need a mugshot of eyes or further tests. She recognised him when she saw photos of him. Then she had no idea of his history, yet she recognised his eyes.

What is the OP doubting then? That she doesn't have the cognitive ability to do what? Remember her assailants blue eyes?
 
Still trying to find an article - in English, hopefully - but not coming up with anything.... The most current one is dated July 4th - before his hearing on Friday, July 5th.
Hopefully someone else here can find out WHO was on the stand. I read a mention of the eye doctor & 2 witnesses (from Finland??) were on Friday. TIA!
 
I feel this is definitely one of those cases where one is better to simply read the final judgement when it comes down. Speculation about what the Judges will or won't find based on witness testimony is speculation at the end of the day. We didn't see the witness.

IMO
 
I feel this is definitely one of those cases where one is better to simply read the final judgement when it comes down. Speculation about what the Judges will or won't find based on witness testimony is speculation at the end of the day. We didn't see the witness.

IMO
I agree with that assessment. We really just do not know what is going down in the Braunschweig courtroom

This is amply demonstrated by the following facts
  • CB injured his foot
  • CB was wheeled into court in a chair
  • CB was heavily restrained with shackles round his ankles etc. which were additional to his customary handcuffs
  • CB's lawyer has not commented or complained about the extraordinary additional changes to the customary restraints normally in use
There are lots of blanks in that summation which could easily be filled in by using speculation based on CB's recent past history in custody; but it would be unfair to do that for the simple reason that like so much else about this trial we just do not have the knowledge to back up opinion.
 
Can we agree that there was mention of cognitive ability in the post? Why should we or anyone question the cognitive ability of a 40 year old woman?! Where does that point fit in?

Moreover, she testified she recognised her assailant from his eyes when she saw photos of him in 2020 and described the horrible physical reaction she had at that moment. This means she didn't need a mugshot of eyes or further tests. She recognised him when she saw photos of him. Then she had no idea of his history, yet she recognised his eyes.

What is the OP doubting then? That she doesn't have the cognitive ability to do what? Remember her assailants blue eyes?
First para: because she would need a photographic memory to do this. The existence of this has never been proven.

Second para: just because she said it, doesn’t mean it’s true. She saw pictures of a German man who lived in Portugal at the time of her attack. He had blue eyes. Do you not think it’s possible the she put two and two together and got five?

Para three: no that she can’t identify him by his eyes. She would need superhuman cognitive ability to do that with any accuracy.

She may think it’s him. It may be him. But it can’t be proven by her saying she recognises his eyes.
 
Still trying to find an article - in English, hopefully - but not coming up with anything.... The most current one is dated July 4th - before his hearing on Friday, July 5th.
Hopefully someone else here can find out WHO was on the stand. I read a mention of the eye doctor & 2 witnesses (from Finland??) were on Friday. TIA!
Not sure we'll get to know, even the Olive never mentioned who.
 
Which photo of CB did HaB see to convince her that CB was her attacker?
 
Blame it on the Sun. Its them that are saying he limped just to get a good headline.
I don't really want to blame anyone. Was trying to see where he hurts because they said the injury was to his foot, but I couldn't discern any corresponding limp. Perhaps he had a meltdown that caused him functional weakness... and therefore the wheelchair
 
The shackles were obviously to stop CB jumping with joy when the arrest warrant was lifted.
Snip
The hobbled drifter was in visible pain - just a week after being wheeled into court in a wheelchair amid conflicting reports of an ankle injury suffered at JVA Sehnde prison, near Hannover.

CB has been held in solitary confinement at the jail and his lawyers have not gone into detail about his injury in court.

They had been expected to discuss the revoked warrant paving the way for CB's terrifying release - but were halted by a judge who refused to let the trial be distracted.

The judge blasted: “Any interruption of the main hearing would delay the main case.”


As noted previously it is indeed a murky situation at the moment and it seems that not only has the trial judge declared the trial is not yet finished but the prosecutor's office has indicated objection to the arrest warrant being withdrawn in the first instance.
 
<modsnip>

It is not the first time there has been a violent reaction in relation to this prisoner. One supposes that "back to court with both handcuffs on his wrists and shackles on his feet" this was not a measure put in place to protect CB as happened again recently.

Snip
Eyewitnesses report saying that a prison guard in the entrance greeted the medics telling them: "Somebody's been rioting in there."

He was in the emergency room for an hour before being led back to court with both handcuffs on his wrists and shackles on his feet and the hearing then continued some two hours late.

Court officials have refused to discuss the incident, saying that an investigation was underway.

CB's defence lawyer FF, 36, was heard loudly arguing with prison guards about video footage of the incident from a camera watching the cell where he was being kept.

 
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