GUILTY Netherlands - Jos Brech, 55, wanted for murder, Vosges (Fr) winter 2018

[ZaZara]

The loose ends in the Nicky case: It was 'a strange affair'


Will Jos Brech talk? His statement must end the mysteries surrounding the death of Nicky Verstappen. How did the 11-year-old boy disappear? How did he die? Was anyone else involved, except Brech? The loose ends in one of the most notorious murder cases in the Netherlands.

1. The disappearance

Panic. Nicky is gone.
It is Monday morning 10 August 1998, the beginning of a hot summer day on the Brunssummerheide. The night before forty children from the annual summer camp of youth work in Heibloem dropped down on their beds, after a first active day at camping site De Heikop. The atmosphere is good, the problems are futile: one boy burns his hand on a lamp and there is a small fight over a packet of chewing gum.

But the next morning Nicky has disappeared. When the children are woken up at eight o'clock, the 11-year-old fan of soccer club Ajax is not in his tent. Walked away, his camp leaders think at first, he will come back. Really big alarm is not raised yet. An important detail is ignored: Nicky's shoes are still in the tent. Who walks away barefoot?

What did happen? Nicky disappears in silence, none of his four companions in the tent has noticed anything. Did he go for a pee and was he kidnapped? Was he lured away? Suspect Jos Brech knows De Heikop and the surrounding nature reserve like the back of his hand. He may know that exactly near the green and white bungalow tent of Nicky's group, on the edge of the campsite, there is a hole in the fence.

2. The death

The day after the disappearance the alarm status is raised to the max. Volunteers, soldiers and agents scour the moors with all their might. It is Nicky's father's nephew who, Tuesday evening 11 August, sees something red in a pine forest, at a distance of more than a kilometre from De Heikop. It turns out to be Nicky, dressed only in red Ajax pyjama pants and underpants. For a long time the police assume that the boy was killed soon after his disappearance, but after a later investigation the moment of death is postponed to Tuesday August 11th.

Remarkable: the medical examiner sees no traces of violence. Nicky does have a red glow on his cheeks. The judicial laboratory sees suffocation as a 'real option', but a cause of death has not been established, police officer André de Vries remembers. "Nicky had no external characteristics, he was still unblemished'', according to the former Deputy Chief of Police Gelderland-Midden.

In 2000 De Vries and his colleagues took a close look for a second opinion of the criminal investigation that had become cold completely. De Vries: "This was a strange case. We did not yet have any DNA techniques at the time and the cause of death was unknown."

There are indications of sexual abuse. Nicky's pyjamas and underpants are inside out. It was only with new techniques that a usable DNA trail was found on Nicky's clothing in 2008. It turned out to be the key to the big breakthrough in this case, ten years later.


3. The suspect

Jos Brech knows more about Nicky's disappearance and/or death, according to the judiciary. Brech's dna corresponds 100 percent to the trace found on Nicky's clothing. The police don't want to say exactly which dna was found. It would not be from blood, saliva, sperm or hair, but a 'biological contact trail', crime journalist Simon Vuyk writes in his book 'The mysterious death of Nicky Verstappen'. Such a contact trail consists of a small amount of skin material that people leave behind when they touch.

Dna doesn't tell the whole story, but Brech has a lot to explain. First of all, how his unique cell material ended on the underpants or inside-out pyjamas of Nicky. But also because he kept silent when he cycled past the crime scene the evening after the discovery and when he was heard later. And why he refused to give up dna last year and disappeared without a trace.

Another pressing question: did Jos Bech have one or more accomplices? As far as we know, the police and the judiciary assume Brech is the only suspect, but among old-scouts suspicion prevails: nothing is certain for them anymore since modelscout Brech suddenly became the main suspect in this notorious case. "Two dna traces have been found on Nicky, one of which is linked to Brech,'' says former scout Rik. "Therefore the other trace is still a question mark."


BBM

 

[worldwatcher]

Jos Brech: draaien om De Heikop
It is a nice overview of the life of Jos Brech, which does not contain much news. Well a few remarkable details. "The two-year probationary period of his conditional dismissal still runs when Brech starts in 1987 on a month-long group tour through Asia. He returns on June 12, 1988. Shortly thereafter he dives into the scouting world for the first time. A scouting mate says that Jos is participating in a training at the Heikop, the camping complex where ten years later Nicky Verstappen would disappear. A site where he will stay several times over the years and spend the night. He thus learns the Brunssummerheide as the back of his hand. " He is a geocaching enthusiast, an outdoor sport where people with a GPS receiver look for a hidden treasure or cache, usually no more than a box with a logbook. On October 5, 2011, he is about 100 meters north of the Heikop in Brunssum along the provincial road N299. "I've never been here before, thanks to geocaching you'll get somewhere again", he reports on a website for geocachers. Remarkable: he visits many nature reserves, but never logs one of the caches on the Brunssummerheide. The find near the Heikop is striking in that sense. His accompanying text too, because Brech knows the environment of the Heikop very well.
(For the whole story De Limburger click on the picture and register)

Google translation

 

[ZaZara]

Jos Brech niet langer in volledige beperking

The restrictions in the pre-trial detention of Jos Brech, the accused of involvement in the death of Nicky Verstappen, have been lifted.

Until now Brech was only allowed to have contact with his lawyer and nobody was allowed to publish information about the investigation.

This to the dissatisfaction of his lawyer Gerald Roethof. Roethof complained, for example, that Peter R. de Vries is allowed to express his opinion on behalf of the Verstappen family in all talk shows, while the lawyer is not allowed to say anything on behalf of Brech. From now on, that is allowed.

At the moment, Roethof does not want to make any statements. He will first study additional documents submitted by the Public Prosecution Service. On Thursday there will be another - closed - hearing at the court. He may then come up with a statement.

How Brech will present himself in the case is still unclear. Roethof hinted earlier that he at least wanted to adjust the image of 55-year-old Brech: "I want to bring my client's image into proportion. There are always two sides to a story. At the moment, you have only heard one side of the case.

Brech will be brought before the court on Thursday. The examining magistrate must then decide on the extension of Brech's pre-trial detention. Immediately after his arrest at Schiphol, Brech was transferred to his detention facility in Vught.


BBM

 

[ZaZara]

Counsel Jos Brech: "The Prosecutor has no case"

On Thursday, Brech will be brought before the examining magistrate, an investigating judge who has to decide on the extension of his pre-trial detention.

His lawyer Gerald Roethof is pleased with the lifting of the restrictions. Earlier, Roethof complained that Nicky Verstappen's family, the Public Prosecutor's Office and the police were free to disclose information while he had been confined to silence. Brech's restrictions meant that he was not allowed to say anything either.

Roethof says he finds it inappropriate at the moment to go into the case in detail, but he will inform the court on Thursday that, according to him, "the Public Prosecutor's Office has no case against my client and will never reach a proven statement with the proof that there is."

According to Roethof, however, the Public Prosecutor has said "A, with a capital A, and they will now go to great lengths to substantiate their beliefs. They will not succeed."

Roethof says he will explain this in detail at the court on Thursday. The referral to the examining magistrate is not a public hearing. When the first public hearing in the case will be, is not yet known.


BBM



IMHO he has advised his client to use his right to remain silent.

 

[ZaZara]

PowNed | Advocaat: Laat Jos Brech vrij

The key message will probably come out in the coming hours: Gerald Roethoef, lawyer of Jos Brech, will request the court in Maastricht to release his client.

He said that to journalists from 1Limburg. When asked whether he is requesting the release of his client, Roethof answers: "Much more than that."
The lawyer doesn't want to say exactly what else he is going to request. "I will first tell my story to the court. In any case, I'm going to say that the prosecutor has no case."


BBM

Jos Brech has arrived at the court in Maastricht. The session will be held behind closed doors.

 

[ZaZara]

Jos B. langer vast, ook verdacht van bezit kinderporno

The defendant in the Nicky Verstappen case will remain in custody for another 90 days. The Court has extended Jos B.'s pre-trial detention. He is also suspected of possession of child *advertiser censored*.

The court says that there are 'serious objections' against B. 'for the facts of which he is suspected'. This means that there is 'more than just a suspicion' that B. has 'committed a life crime, a sexual offence and an offence against personal freedom' against Nicky Verstappen.

In addition to the suspicion of possession of child *advertiser censored*, there is also the fear that he will relapse or flee if he is released.

Earlier today, lawyer Gerald Roethof had asked the advisory chamber of the court in Maastricht to release his client Jos B. According to him, the Public Prosecution Service does not have sufficient evidence to hold him.

B.'s pre-trial detention was behind closed doors. The 55-year-old man from Simpelveld did not confess, Roethof said earlier today. He did not want to say whether B. made statements or invokes his right to remain silent.

The lawyer pointed out that the cause of death of the victim is unknown and that sexual abuse cannot be established with certainty either. No blood or sperm was found of B..

The DNA traces are insufficient to serve as evidence, Roethof summed up. He also asked himself out loud: "Has a crime been committed? And if so, does the prosecutor hold the perpetrator? I have said about that: absolutely not! With what we have here, no conviction can follow. On the basis of what is before us, it is impossible to say that he is the culprit.''

Nicky Verstappen was found dead twenty years ago at the Brunssummerheide, where he was staying at a summer camp. After a DNA-match B. came into the picture, but he turned out to be missing without a trace. After an international manhunt he was arrested on 26 August in a remote area in Spain, about 50 kilometres from Barcelona.


BBM

 

[ZaZara]

Advocaat: geen bekentenis Jos B. in zaak-Nicky Verstappen

Counsel: no confession of Jos B. in the case of Nicky Verstappen

A setback for the public prosecutor in the Nicky Verstappen case: defendant Jos B. did not confess during interrogations. His lawyer Gerald Roethof said so at the court in Maastricht.

"If he would have made a confession, we would be having a completely different conversation here now," Roethof said. It is not clear whether Jos B. is completely silent or whether he has actually denied.

Today, the council chamber of the court in Maastricht decides whether Jos B. should remain in custody for longer. Roethof has asked the court to release B. According to him, the Public Prosecution Service does not have sufficient evidence to hold him.


On Tuesday, lawyer Roethof told RTL News that the Public Prosecution has no case against Jos B. According to Roethof, the most important proof, namely that Jos B.'s DNA was found on the clothing of 11-year-old Nicky Verstappen, is weak. "We have to be very careful with DNA and drawing conclusions from it, very careful," he said. In 1998 Verstappen was found dead on the Brunssummerheide in Limburg.

Roethof says that DNA traces have been found on Nicky, but traces of five others have also been found. Moreover, no blood or sperm was found that belonged to B. About Jos B.'s DNA, Roethof says: "My point of view is that it ended up there because of contamination."

Whether the lawyer has a point is difficult to assess, according to reporter Jeroen Wetzels of RTL Nieuws who follows the case. "We have no insight into the file or any other evidence. Of course Jos B. is confronted with the DNA evidence in the interrogations. He will have to give an explanation for this. But perhaps he does have that explanation."


BBM


I can't find the video now, but the interview went like this;

Lawyer Roethof approaches the court building and a reporter asks a question on camera.
Roethof: First give me your microphone.
Microphone is pointed at him anyway, so he grabs it, holds it and hand it back to the reporter.
Roethof: If you take the microphone back to your office, my DNA will be on it and on other places in your office. Even if I was never there. We must be very careful with DNA.

 

[ZaZara]

Brech's role in Nicky's death is still a mystery


The lawyer says that the prosecution has no case against Jos Brech. The court believes that there is a strong suspicion. Opposing judgments based on the same information.

There is - as yet - no explanation about how the DNA of suspect Jos Brech ended up on Nicky Verstappen's clothing. Brech's lawyer Gerald Roethof is silent about this. Brech has not confessed anyway.

Roethof does say that this DNA tells nothing at all. He suggests that it could have been transmitted in all kinds of ways, without direct contact between Brech and Nicky. Moreover, according to Roethof, there are five different DNA traces.

The Public Prosecution Service (OM) sticks to the previously mentioned DNA traces of three donors: that of Brech (several traces at suspicious places on pyjama pants and underpants), a single trace of an unknown person at a less suspicious place and sperm from an unknown person on a tissue found in the vicinity of the body. An environment that is also used as a finishing spot for the gay meeting place on the edge of the Brunssummerheide.

According to Roethof, there can be no question of an offence against life and sexual abuse, because the cause of death and sexual abuse have not been established. The lawyer states that the Public Prosecution Service has no case and his client - based on the information available - cannot be the perpetrator. This information is, by the way, succinct, Roethof complains: only one binder. The complete file contains 180 files. "I can find more in Simon Vuyk's book about Nicky Verstappen's death than in the judicial file."

Defense strategy or not, based on the same 'minimal' information, the court chamber reaches a completely different conclusion. Besides the suspicion that Brech has committed a life crime, a sexual offence and a crime against personal freedom against Nicky Verstappen, the man from Simpelveld is also suspected of owning child *advertiser censored*. Something Roethof did not respond to on Thursday evening.

The press judge speaks of a "strong suspicion", sufficient to hold Brech for ninety days until the first hearing. A further explanation touches on the content of the file, press judge Marc Bax says, and that judgment is up to the court at the hearing.

The Public Prosecution only repeats its previously expressed conviction that it has a strong case. Last month, after Brech's arrest, the chief prosecutor said that there was sufficient evidence, even if the defendant would remain silent. However, his story is important to Nicky's parents, because Brech, the OM is convinced, can tell about how the boy spent the last hours of his life, about which so little is known now.


BBM


Where does this suspicion about child *advertiser censored* come from, all of a sudden?
And how strong is it?

Saying that you have "sufficient evidence, even if the defendant would remain silent" when in fact no clear cause of death has been established, does not inspire confidence and this makes one wonder about the rest of the file.

 

[ZaZara]

Blind spot for 'the big bad wolf' Jos Brech

Nicky Verstappen's case. The first police team to investigate the mysterious death of Nicky Verstappen in 1998 was severely criticized. Math Schaepkens, leader of the investigation at the time, talks about the setbacks, frustrations and failures.

Did we let the suspect walk? When Math Schaepkens (69) hears at the press conference about the Nicky Verstappen case that Jos Brech cycled past the crime scene shortly after the boy was found, he grabs the phone at home in Brunssum: "I immediately called our man who handled all the reports of the trials,'' says the now retired police chief, who was in charge of the investigation in 1998. "I said: 'Do we know him?"

The fact that Brech was stopped at the Brunssummerheide by the military police as a 'chance passer-by' as early as the night after Nicky's discovery hits Schaepkens like a bomb: this suspect, who only came into view after twenty years after a dna-match, had been in the police file of one of the most notorious murder cases in the Netherlands since day one.

Schaepkens' team therefore had him almost on their radar in 1998. Almost. Because despite Brech's strange statement about the nightly cycling tour, claiming he would be delivering the scouting mail, the detective team did not sound an alarm when the official report came in. Schaepkens: "Our hinky meter did not go off. Our men from the reading team looked at everything that could be relevant, but does all that penetrate into your brains? That probably did not happen with Brech. In retrospect you say: that is a nonsense story, cycling in that area on that hour. We have not judged that correctly.''

An error of assessment. Like more were made in the first weeks of the investigation into the death of the 11-year-old Ajax fan from Heibloem, according to a later internal evaluation. In this evaluation, seven errors were detected, including the handling of tips, the securing of traces and the time of death.

Investigator Schaepkens sketches the picture of a detective team that went to work with all the best of intentions and like a madman, but achieves frustratingly little result. "I was able to give it a rest, also by looking at myself critically."

Jos Brech was not called for questioning until 2001 by the second investigation team, but not by you. Why not?

"The official report about his bike ride has ended up on our pile, and has remained there. Like: this may be necessary one day, but we now have more urgent matters. The passer-by Brech did not fit the profile. It was most likely that Nicky was taken by a friend. We looked at the guides of the youth camp, fathers of the Rolduc priest training who were also on the camping site, boys with whom he was sharing in the tent.''

A passer-by at the crime scene did not have the highest priority?

"Figures like Jos Brech we called 'the big bad wolf', the unknown one who takes away children. That scenario was less obvious to us.''

That Brech's statement about the nocturnal bike ride rattled, you didn't notice?

"We did our best with the means we had. We could have taken advantage of it. Perhaps our people were too tired to make the right estimates. Some of them sat for fourteen, fifteen hours in a row for days, trying to figure everything out. Maybe I chased them over the edge.''

How does that feel now?

"That doesn't make you happy. Then you think: Math, this should not happen to you. You can talk yourself down, although I try to prevent that. But you do carry such a case with you. You can put the liquidation of a criminal aside, but a child who dies like that: it eats you.''

In 1998, Schaepkens was the police chief of the Brunssum/Onderbanken unit. During the hot days of August, he was given the leadership of the Nicky Verstappen investigation, the boy who disappeared from the youth camp and was found dead on the Brunssummerheide the following day, in the evening of 11 August.

It is still unclear what happened. After the dna hit at the beginning of June, suspect Jos Brech is in prison, but the 55-year-old Limburger has not yet explained how his dna ended up on the boy's underpants.

In the summer of '98 Schaepkens had thirty to forty detectives, 'scraped together because of the holiday season' from all kinds of units in South Limburg. The tactical coordinator of the investigation is forced to become the leader of the technical investigation as well. And for Schaepkens himself, it is only 'the second or third' big case that he leads. "It was very intense. We have to and we will find the culprit, was our mindset. In the case of a deceased child, you really don't have to motivate anyone.''

But Schaepkens and his investigators are biting their teeth on the case. The investigation stalled at the beginning of November, to the sadness and anger of Nicky's parents and the police. A cause of death has not been found, there are no witnesses, the DNA technique is still in its infancy and so there is no useful trace.

Moreover, the justice system initially puts the brakes on the police's requests for investigation. Schaepkens: "The first weeks the camp leaders, the friars and a number of other people were interesting. We thought: if, for example, we tapped the phones of those camp leaders, maybe they know something. That was not allowed. I wanted to intercept the garbage of one of them, that was not allowed either. 'These people are not suspects', we were told. We were not allowed anything, we were not able to do anything. I don't blame others for that, but that's how it was.'' If the team gets some more room to operate weeks later, the result is poor: "Then you almost run dry. After just three months the conclusion was: there is little music here. We didn't see that Brech was already there.''

You assumed that Nicky had been moved to the location where he had been found, just over a kilometre from the youth camp.

"His bare feet were completely clean, without scratches or wounds. So we thought: he must have been moved. We tested that with the son of one of our detectives, who was about the same age and size as Nicky. We let him walk all the way from the campsite to the site. His feet were also completely clean, no damage, nothing. Another theory went up in smoke.''

Did you expect that your successors would ever come so close to a solution?

"No, I really feared that this would always remain unexplained. The big question is: what did the boy die of? In addition, we also had a setback: the section on the body could not happen the day after, so that the state of decomposition continued despite the cooling. That may also be a reason why the NFI [ Dutch Forensic Institute ] could not find a cause of death. Afterwards you say: why wasn't he the first to be examined? But apparently they were busy there.''

After your investigation had stopped, a special second opinion team looked at your work. They did see new leads for new investigations, which were then also started. How was that?

"We were the first in the Netherlands to receive such a second opinion about us. That was intense. Did we do it completely wrong, you think. But they said: you did your best, you did not succeed. I was able to give this matter a rest by also looking at myself critically: did I underestimate the task? Did I not do my best? Rather, I think we wanted too much. We did what we could, we would have liked it to have been different, but that's all you can do. That's why I still have my peace of mind.''

10-11 August 1998: Nicky Verstappen from Heibloem disappears from a summer camp on the Brunssummerheide. A day later he is found dead. He was probably abused. The night after the discovery Jos Brech cycles past the crime scene. His data are noted by the military police.

2001: Brech is questioned by the new detective team. Despite his remarkable explanation of the cycle tour along the site and an old sexual abuse case from 1985, he is not suspected.

-2017-2018: The Ministry of Justice starts a major DNA investigation. Brech does not respond to the call and thus attracts attention. When the police finally obtains his dna via family and a friend, it turns out that at the beginning of June there is a '100% match' with the track on Nicky's underpants.


BBM


The main leader of the summer camp had a history of sexual abuse with children. He remained a major suspect until well after his death. His body was dug up for a DNA-test. There was no match.
Still it remains weird to say the least that Nicky disappeared from a camp under his supervision and was abducted (?) by another child molester, a person unknown to the group, without anyone noticing. No sounds. No screams. No nothing.

 

[worldwatcher]

Onderzoeksleider team Nicky Verstappen: “We mochten niks”
In the Algemeen Dagblad and related an interview with Math Schaepkens (69), at the time the rather inexperienced research leader of the murder of Nicky Verstappen. He paints a rather disconcerting image of a detective team that, with all good intentions and as a madman, set to work, but with frustrating little results. "I have been able to give it a place, also by looking at myself critically," he says. Interesting in these types of interviews is often mainly what is not said. Quote: "In addition, the justice system is on the brake at the start of investigations by the police. Schaepkens: "In the first weeks the camp leaders, the fathers and a number of other people were interesting. We thought: if, for example, we tap the telephones of those companions, perhaps they know something. That was not allowed. I wanted to intercept the garbage from one of them, that was not allowed either. 'These people are not suspects', we were told. We could not do anything, we could not do anything. I do not blame others, but that's how it was. "" If the team gets some more room for maneuver weeks later, the result is bleak: "Then you'll almost be dry. After just three months, the conclusion was: there is little music. We did not see that Brech was already there. '' '

In retrospect, it is easy to judge: everyone assumed at the time that people from the camp were involved - and that is still not excluded. That camp-old Joos Barten was not regarded as a suspect was a huge blunder, which the police could not do anything about. The real big and culpable mistakes were made by the then public prosecutor. But they do not belong anywhere ...

 

[worldwatcher]

Criminal trail on December 12 in court.

The case against Jos Brech, who is suspected of involvement in the murder of Nicky Verstappen, is to be put to court for the first time on 12 December.

On that date, at 10 o'clock in the morning, a first pro forma session in the case is planned, reports Court Limburg. The case is handled by the Limburg District Court in Maastricht. Whether Brech will be present is not certain, suspects are not obliged to attend.

Schedule
The case will not yet be dealt with in substance during the hearing. It then discusses the state of the investigation, the pre-trial detention and the further planning in the case. The session is open to the public. Because of the expected interest, two extra rooms will be reserved where the process can be followed via a video connection. In total there is room for about a hundred people.

Brech has so far appealed to his right to remain silent. "At the moment no substantive statement has been made, which will come, at the moment that he is ready," said his lawyer Gerald Roethof last month.

Three judges will start looking at the case.
Strafzaak Jos Brech op 12 december voor de rechter

 

[ZaZara]

Verdenking tegen Jos Brech in zaak-Nicky Verstappen afgezwakt


Not murder but manslaughter. Because there are insufficient indications for premeditation, the suspicion against Jos Brech in the Nicky Verstappen case has been downgraded.

The court chamber of the Limburg court has dropped the murder suspicion because it sees insufficient indications for a preconceived plan to kill Nicky. Such a plan (premeditated idea) is the legal difference between murder (maximum lifetime) and manslaughter (maximum 15 years in prison).

The court does not want to explain why the court chamber has dismissed this part of the suspicion from the Public Prosecution Service (OM). The Public Prosecution Service does not rule out the possibility that the accused may still be charged with murder at a later stage, according to a spokesperson. Brech is currently detained on suspicion of manslaughter, a sexual offence and abduction of Nicky Verstappen in 1998 and possession of child *advertiser censored*.

It is still not clear what exactly happened to Nicky. According to various sources, the 56-year-old suspect from Simpelveld remains silent about how his DNA ended up on the boy's underpants and pyjama pants.

Nicky Verstappen was found dead on 11 August 1998 on the Brunssummerheide. The cause of death has never been established with certainty, but there are indications that Nicky died of suffocation. Experts do not agree on the interpretation of these indications, nor do they agree on the data indicating sexual abuse.

At the moment, the Public Prosecution Service does not want to say anything about the state of affairs in the investigation, which is still in full swing. Until the pro forma hearing on 12 December, Brechs lawyer Gerald Roethof does not want to discuss the substance of the case. He previously indicated that he had advised his client to remain silent until he had the complete file. This is not yet the case.



BBM

 

[ZaZara]

The file of a sexual abuse case in which Jos Brech was involved in 1985 appears not to have been destroyed, contrary to what the judicial authorities assumed.

Brech, suspected of manslaughter of Nicky Verstappen, sexualle abused two boys in 1985 in Wijnandsrade. This case was conditionally dismissed, with a probationary period of two years for Brech.

The Public Prosecutor's Office assumed that the file in this case had been destroyed, but that does not appear to be the case. Contact with the State Archivist of the Regional Historical Centre in Limburg resulted in the documents being found. The file was found in an archive in Zwolle.

It also contains information about an incident from 1984. The file is attached to the documents in the Nicky Verstappen case. According to the Public Prosecutor's Office, the old file is important in order to be informed of all the circumstances surrounding the suspect Jos Brech.

Brechs lawyer Gerald Roethof calls it 'unique' that the judiciary comes up with a case that is over thirty years old: "I have never before seen documents about a closed and dismissed case that happened more than three decades ago being added to a current case. This can be seen as a new attempt to put my client in as negative a light as possible."

The lawyer himself says that he is still waiting for various relevant file documents, including forensic investigations, the crime scenes and any other suspects. "The fact that the Public Prosecution Service adds this and communicates openly about it confirms to me that they have a problem with evidence and will go very far to portray 'en public' the image of my client as the perpetrator in this case, a case that is so painful for the next of kin and for him.

On 12 December, the criminal case will first be submitted to the Limburg District Court.

BBM

 

[worldwatcher]

I hope that Family Verstappen wil get answers.
Their ordeal has been going on for so long...for Nicky..!


Jos Brech and Nicky Verstappen:
Of course that is not murder.

The newspapers bring it as big news: the justice system weakens the charges against Jos Brech. No murder, but manslaughter. Is of course nonsense, actually, this kind of news.
In such cases, the Public Prosecution Service first makes maximum use of it, but of course everyone knew that an indictment of murder can not be at issue here at all. The cause of death is not even known and from the beginning it was already clear that there would at most be a question of death by guilt. Also murder will undoubtedly not be proven. It is a bit of a legal thing: it is not a decision of the Public Prosecutor itself, but of the council chamber. But that does not matter much.

The first pro forma session is on 12 December. This will be a media spectacle with more camera crews than on King's Day (so to speak). You do not have to be there for the news: that will be brief. it is more a question of seeing and being seen. One of the questions is: is Jos Brech going to be seen there? It is not necessary, but beautiful for the court signers. The Public Prosecutor will not show the back of the tongue there, but it is very interesting what they come up with. Whether something is known about a kind of confession.
Death by guilt or manslaughter, that is legally interesting, but the relatives of Nicky - and the rest of the Netherlands - only want to know one thing: what happened? Can and does Jos Brech want to clarify this?
Jos Brech en Nicky Verstappen: natuurlijk is dat geen moord

 

[ZaZara]

Lawyer: Brech denies involvement in death of Nicky


Suspect Jos Brech says he did not abuse or kill Nicky Verstappen.

This is confirmed by his lawyer Jos Roethof after reports from the AD. "He has indicated that he is not involved in Nicky's death, that he has not sexually abused him and that he has not kidnapped or taken him with him," Roethof says. Up to now he has not been so clear about Brech's story.

The lawyer does not want to say how Brech's dna ended up on Nicky's underpants. "There are cases of people who were in prison when their DNA ended up at a crime scene."

As the lawyer said in September, Brech had not confessed during the first interrogations. Whether this meant that he remained silent or denied was not clear at the time. In the meantime Brech has made a negative statement.

Friday morning it became known that Brech is not suspected of murder, but only of manslaughter. There is not enough evidence that the suspect from Simpelveld acted with premeditation. The council chamber of the court has therefore dropped the murder suspicion.

Nicky Verstappen disappeared during a summer camp at the Brunssummerheide in 1998. A day later he was found dead near the camp. Brech was also seen near the site during the investigation of the disappearance. The lawyer does not say whether there was contact between Brech and the boy in 1998. "I will not go into that now", according to Roethof.

The first day of trial is scheduled for December 12th.


BBM

 

[ZaZara]

'Ban on Speaking' for former police officers in the Nicky case


(Former) police officers who were previously involved in the investigation into the death of Nicky Verstappen are no longer allowed to talk to the press. By a formal letter they were requested to keep their mouth shut. Indiscretion damages the lawsuit against suspect Jos Brech, the police management fears. This affects the perception.


Members of the current investigation team do not speak to the media anyway, but (former) police officers who had previously had to deal with the case or the suspect broke their silence in this newspaper, about the setbacks of the first investigation team in August 1998 and about Jos Brech's vice history.

But according to the police leadership this is not the plan. Several police officers and investigators recently received a letter at home with the message that they were no longer to communicate about the case: 'This letter was sent to ensure that the investigation would run smoothly, undisturbed and objectively,'' a spokeswoman of the investigation team reports to this website. "Relevant information should be discussed in court."

Public statements can damage the criminal case, according to the spokesperson. These statements have an impact on the current investigation and perception. When old anecdotes and memories appear in the media, it is feared that the judges will judge on that basis.

With suspect Jos Brech in prison, the Nicky Verstappen case may be approaching a conclusion after twenty years. 12 December is the first court hearing, the OM suspects Brech of manslaughter, abuse and kidnapping of the boy who was found dead at the age of 11 near a youth camp on the Brunssummerheide. Brech denies any involvement.

The trial can be challenging, experts expect, with not only a suspect who pleads not guilty but also DNA evidence that by itself does not seem enough for a conviction. "This is not a run race," according to an earlier statement of Peter van Koppen, professor of legal psychology (Free University Amsterdam).

Suspect Brech only came into the radar of the police this year, while that could have been done much earlier, the investigator from the very beginning acknowledged in an interview: Brech landed on the stack, and he stayed there''', said Math Schaepkens.

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[ZaZara]

Jos Brech naar Pieter Baan Centrum, zaak loopt vertraging op

Jos Brech, the suspect in the Nicky Verstappen case, will be psychologically assessed in the Pieter Baan Centre (PBC). Because of this extra investigation, the criminal case will be delayed.

This is confirmed by the Public Prosecution Service after reporting from L1.

Since there is a four-month waiting list at the PBC, the court case gets delayed. According to the Public Prosecution Service, the criminal case cannot be dealt with in substance until the autumn of 2019 at the earliest.

For serious life crimes, it is customary for suspects to be psychologically examined. According to the OM, Brech probably does not have a major mental disorder. It is unclear when Brech can go to the hospital in Almere.

According to his lawyer, Jos Brech has declared himself innocent of Nicky Verstappen's death. However, until now he has kept silent during interrogations.

The first hearing in the case is scheduled for December 12th at the court in Maastricht. The case will not yet be dealt with in terms of content.

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[ZaZara]

Advocaat Jos Brech: 'Psychisch onderzoek onnodig'

Jos Brech's lawyer sees very little point in a psychological examination in the Pieter Baan Centre. That is what counsellor Gerald Roethof tells L1.

Friday afternoon it was announced that Brech will be examined in the Pieter Baan Centre. The Public Prosecutor (OM) has permission from the court for the psychological examination. "The defence does not have the idea that this investigation will yield anything in terms of content and could even cause unnecessary delay," according to Roethof in a statement.

Roethof finds it not surprising that the Public Prosecutor subjects the suspect to an investigation in the Pieter Baan Centre: "If a suspect is not very talkative - as is also the case here - then you know that the Public Prosecution Service will propose that the investigation of the state of mind take place."

The case surrounding the mysterious death of Nicky Verstappen is expected to be delayed by six months. Yet the lawyer has not opposed this. "Precisely that could cause even more delay. It is in nobody's interest," Roethof says.

It is not known when the examination can take place in the Pieter Baan Centre. The first public hearing of the court in Maastricht will take place on 12 December. The issue is whether the suspect will be detained for a longer period of time.


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[ZaZara]

Brech aanwezig bij rechtszaak

Jos Brech will be present at the hearing on Wednesday, according to a spokeswoman for the District Court of Limburg.

Although the accused in the Nicky Verstappen case will be present, it is unclear whether he will actually say anything in the court. To this day Brech has remained silent during all interrogations. According to the court, lawyer Gerald Roethof has announced the arrival of Brech at the hearing. Roethof is not available for a reaction. Earlier, the lawyer informed De Limburger that Brech denies having taken, transported, abused or killed Nicky.

Although the case against Brech will not yet be dealt with in substance on Wednesday, the court is preparing for great interest from both the media and the public. According to the spokeswoman, there is room for a maximum of 120 interested parties in addition to the press areas. Brech could, by the way, change his mind until Wednesday morning and still decide to stay in prison. The case is then heard without him, but with only his lawyer.

Brech's DNA was found on the clothing of Nicky Verstappen, the boy from Heibloem who disappeared during the Brunssummerheide youth camp in 1998 and was found dead after a day of searching. It took almost twenty years before the DNA could be linked to Brech. The suspect was arrested in Spain. Originally the courts wanted to prosecute him for murder, among other things. This has since been reduced to manslaughter, because there are insufficient indications that Brech had a premiditated plan to kill Nicky.


BBM

120 extra seats .... this almost reads like an invitation. Not sure if I like that, pretty sure that I don't.

Are you bored? Go to Court! Come and see the perp everyone is speaking about! Hurry, 120 seats only!

 

[ZaZara]

Brechs dna found on 17 spots

The dna of suspect Jos Brech has been found on at least 17 places on Nicky Verstappen's clothes. The material, possibly saliva, skin material and hair, was on the waistband and the inside of Nicky's underpants and on his pyjamas.

But according to an investigator from the NFI, it is not certain that these were offender traces, Brech's lawyer Gerald Roethof confirms tonight on request. According to this specific NFI report, it cannot be excluded that the DNA was left behind before his death after 'innocent contact', or after his death, during the medical forensic examination. There are more forensic reports in the file, but it is unclear whether they contain the same conclusions about the DNA.
Brech is suspected of involvement in the death of the 11-year-old boy, in August 1998 at the Brunssummerheide.

Justice does describe Brech's DNA trail as 'delict-related'. Until now it was only known that his material was found on Nicky's clothes. That it was found on 17 spots was still unknown. Brech denies any involvement in the case, but has so far not explained how his body material ended up on Nicky.

Peter R. De Vries reacts on behalf of the Verstappen family and does not appear impressed by the question marks about the DNA evidence: "We have the feeling that Roethof has already started his defence with a selective representation from the file. We have no other explanation for the presentation of the data from this file."

The Public Prosecution suspects Brech of manslaughter, rape, kidnapping and possession of child *advertiser censored*.


BBM


If I understand it well, the presence of Jos Brech's DNA from saliva, skin and hair could also be considered as caused by contamination?