Madeleine McCann: German Prisoner Identified as Suspect #32

[SuperdadV8]

and from what I have read - these charges Behan plus are supposed to start in the Spring. That would be a few weeks away.
Still have not heard anything - I guess they are still awaiting consent from Italy...

The delay is based upon the legal discussion, which court is reaponsible for opening the trial. Either Brauschweig, or Magdeburg, due to the fact CB lived at random at the Neuwegersleben site.

Being charged and sentenced at a court, that is legally not responsible at last, gives a straight reason for any kind of appeal, even up to the highest german court.

This process needs weeks, if not months. FF is just playing time, that's all!

Fall Madeleine McCann: Zweifel an Zuständigkeit

Die Ermittlungen zum Fall der seit 2007 in Portugal vermissten Madeleine McCann werden womöglich an eine andere Staatsanwaltschaft abgegeben. Das geht aus einem Schriftwechsel zwischen den Justizbehörden und dem Verteidiger des Verdächtigen Christian…

www.spiegel.de

 

[enquirer6]

Another point is that Brueckner didn't, first, come on to the German radar in respect of possible crimes against Madeleine until well past 2007.

 

[RichardKimble]

Another point is that Brueckner didn't, first, come on to the German radar in respect of possible crimes against Madeleine until well past 2007.

If reports are true, investigators never found him until a informant came forward, now either CB was extremely lucky in hiding in plain sight or was very diligent in disposing of evidence, or he had nothing to do with the disappearance.

 

[Niner]

Don’t think they are waiting on Italy. They are already in the judicial process in germany

Last we heard the defence were trying to move the case to a different court because it should be filed in the defendants home district where his Wohnsitz is

The delay is based upon the legal discussion, which court is reaponsible for opening the trial. Either Brauschweig, or Magdeburg, due to the fact CB lived at random at the Neuwegersleben site.

Being charged and sentenced at a court, that is legally not responsible at last, gives a straight reason for any kind of appeal, even up to the highest german court.

This process needs weeks, if not months. FF is just playing time, that's all!

Fall Madeleine McCann: Zweifel an Zuständigkeit

Die Ermittlungen zum Fall der seit 2007 in Portugal vermissten Madeleine McCann werden womöglich an eine andere Staatsanwaltschaft abgegeben. Das geht aus einem Schriftwechsel zwischen den Justizbehörden und dem Verteidiger des Verdächtigen Christian…

www.spiegel.de

Thank you both for the explanation!

what is a "Wohnsitz" ?? residence?

 

[SuperdadV8]

Thank you both for the explanation!

what is a "Wohnsitz" ?? residence?

Residence according to the legal definition, right!

 

[Niner]

Residence according to the legal definition, right!

Thanks! That is what it sounded like.

And I DO have all that you posted about the delay in my notes. I highlighted them for myself - so I won't ask again!

 

[enquirer6]

If reports are true, investigators never found him until a informant came forward, now either CB was extremely lucky in hiding in plain sight or was very diligent in disposing of evidence, or he had nothing to do with the disappearance.

The initial focus of the investigation, solely conducted by the PJ, was the McCanns.

 

[Denis R Tandib]

The initial focus of the investigation, solely conducted by the PJ, was the McCanns.

How about RM and SM, the former was named arguido well before the McCanns - let’s not try to rewrite history based on I’ll feelings towards the PJ.

@RichardKimble is right, no investigative work from the PJ or OG led to CB. For certain, there is no forensic evidence that connects CB to the crime. All we know for certain is that he is alleged to have claimed to have committed the crime by a criminal associate - no other information has been released by HCW that implicates CB.

Given this, I’ll be staying open minded to whether or not he did it.

 

[investikater]

This is not unusual in missing body cases.

e..g in one case I read about a vulnerable woman was a drug user and low level dealer for a higher level drug dealer. He ended up murdering her and disposed of the body in a car in a lake. Law enforcement knew the missing woman had been murdered because it was fairly self evident what had happened and eventually an associate snitched. However the associate could not get the confession on a wire. Nor could they find the body for many years. So they didn't have enough to charge.

I think we have different definitions of 'know'. In your example, if there's no body, and no confession, then the police did not know - they had a hypothesis, or a hunch. It's not the same thing. She could have still been alive in your example.

Investigators are supposed to follow evidence. Not come up with stories and then try to find evidence to fit them.

 

[investikater]

<snip>

They don’t have evidence that she is dead. They have circumstantial evidence placing CB in the area and evidence that CB is a paedophile. They may have photographs that could be debated. If they had anything solid, they would have shared it with British Police by now.

<snip>

(Yes!!! so it's not just me!!)

I am extremely worried that this is LITERALLY ALL THEY HAVE:

1. evidence CB was in the area
2. evidence CB is a sex criminal

that's all

*facepalm*!!!!!!!!!!

 

[investikater]

They may have photographs that could be debated.

So CB supposedly likes to video himself commiting sex crimes. I would guess as mementos he can watch over.

Except unfortunately there is no publicly known evidence they actually exist. For example this article @enquirer6 posted: Irish woman 'raped by Maddie suspect' speaks out after he is charged

The charges in relation to the rapes of the two unknown women come after police were told about a video recording of Brueckner allegedly attacking them. Helge Busching and Manfred Seyferth - two key witnesses and former friends of Brueckner's - are said to have stolen the camera with the recording on it from the German's house near Praia da Luz on the Algarve coast.
In the footage – which has since disappeared – they describe how an elderly woman and a young girl are raped by a man who they identify as Brueckner.

I guess they could have a fragment of a blurry video of someone doing something to a small child.

But again it's the same problem!: If there was a good enough video to identify MM and what happened to her, then it would be good enough to charge and trial him.

 

[mrjitty]

I think we have different definitions of 'know'. In your example, if there's no body, and no confession, then the police did not know - they had a hypothesis, or a hunch. It's not the same thing. She could have still been alive in your example.

Investigators are supposed to follow evidence. Not come up with stories and then try to find evidence to fit them.

It comes down to practicalities in no body cases.

You can essentially 'know' what happened, but be unable to prove it to BARD standard. e.g in the example above, the snitch gives the intel to clarify the theory, but because he did not know what water the body had been ditched in, the case could not be resolved.

IMO that is likely what has happened here. They have the intel, but not the hard evidence.

My suspicion all along is they thought the intelligence would lead to recovery of the body, or at least some forensics.

 

[Denis R Tandib]

So CB supposedly likes to video himself commiting sex crimes. I would guess as mementos he can watch over.

Except unfortunately there is no publicly known evidence they actually exist. For example this article @enquirer6 posted: Irish woman 'raped by Maddie suspect' speaks out after he is charged


I guess they could have a fragment of a blurry video of someone doing something to a small child.

But again it's the same problem!: If there was a good enough video to identify MM and what happened to her, then it would be good enough to charge and trial him.

Bold^ This is not quite true. In his 2011 (I think) charge for molesting his girlfriend’s young daughter, photos were recovered from his Casio camera.

I think we can also take DM at her word, while the tape has not been recovered, she testified under oath that he video recorded his vicious rape against her.

IMO, there is no video or photo of MM after 03/05/2007. If there was I feel sure LE could make connections to CB that would make their case stronger.

Since the appeal, I feel the case has become weaker for HCW - I doubt CB will ever be charged for MM’s abduction and murder. I am doubtful he will be convicted for the other cases he’s been charged with.

 

[RichardKimble]

(Yes!!! so it's not just me!!)

I am extremely worried that this is LITERALLY ALL THEY HAVE:

1. evidence CB was in the area
2. evidence CB is a sex criminal

that's all

*facepalm*!!!!!!!!!!

The evidence that CB was in the area is that a phone registered to him was being used in the area , Wolters admits that some one else could be using that phone.

 

[Denis R Tandib]

The evidence that CB was in the area is that a phone registered to him was being used in the area , Wolters admits that some one else could be using that phone.

I don’t even think we can say the phone was registered to him, likely a pay-as-you-go phone. It has been confirmed that it was a number he used though. Judging from what we’ve seen, I think it’s probably the number he gave to the radio group from the Malaga video and I think MT has confirmed it was his number too.

 

[RichardKimble]

The initial focus of the investigation, solely conducted by the PJ, was the McCanns.

Yes we know all that, OG's analysis of the phone records led them to three locals, the records that the PJ collected, the same records that never picked up on CB's alleged 30 minute call.

 

[RichardKimble]

I don’t even think we can say the phone was registered to him, likely a pay-as-you-go phone. It has been confirmed that it was a number he used though. Judging from what we’ve seen, I think it’s probably the number he gave to the radio group from the Malaga video and I think MT has confirmed it was his number too.

Yes, I guess we should say a number known to be used by CB.

 

[Denis R Tandib]

Yes, I guess we should say a number known to be used by CB.

I seem to remember that the number was also used by NF too.

 

[mrjitty]

DBM

 

[mrjitty]

I have no idea what the likelihood of future prosecution is, but approaching 3 years after the German prosecutors claimed they had concrete evidence CB murdered the victim, one has to at least conclude the current case is not strong.

I also do not find it convincing they are bringing lesser cases first to pave the way for the prosecution of the MM case. That is not how this works. It would obviously be great if they can clear the HB case.

I wonder myself whether the video tape for the crimes seen by his associates is actually the basis the german courts relied upon for the public appeal. One of these cases led to a guilty verdict so perhaps they felt there was sufficient basis to go public to locate and clear more cold cases based on the combo of video and 'informants'