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

[ZaZara]

How did Brech's dna get on Nicky's underpants?

After twenty years full of grief, reproaches and questions, the parents of Nicky Verstappen will face Jos Brech tomorrow. He is the man suspected of involvement in the death of their son. His lawyer will go for acquittal. But how strong is the evidence? The judge may declare that Brech's dna was obtained unlawfully.

Will the first hearing of the trial finally provide an answer to the question that has been hurting the Verstappen family for twenty years? What happened? "Nicky is our child, you never forget that,'' was the heartfelt cry of mother Berthie earlier. The dna match this spring was the big breakthrough in the case that has occupied the Verstappen family, their village Heibloem, Limburg and the rest of the Netherlands for a long time.

During the first session tomorrow, the file will not be dealt with in terms of content. The state of the investigation will be discussed, and the lawyer and the authorities will have their say. The most important question is: how did Brechs dna get on Nicky's clothes? It is a '100 percent match', the material does not consist of blood or sperm but probably of skin material, and perhaps also saliva and hair. How is that possible? Brech denies any involvement: My client's point of view is: I did not kill, sexually abuse or kidnap him," his lawyer Gerald Roethof said last month.

Roethof will therefore go for acquittal. According to the lawyer, the question is whether a crime was committed at all, the cause of death of the 11-year-old boy was never formally established, and whether the DNA counts as evidence. According to the lawyer, such material is 'transferable' in many ways, through people and things. Criminal lawyer Geert-Jan Knoops also warned earlier that caution is advised: If Mr. A uses a towel, Mr. B takes that towel and strangles Mr. C: then A's DNA can be linked to the murder of C without him having anything to do with it.

Professor of legal psychology Peter van Koppen (Vrije Universiteit Amsterdam) further points out that the police and the judiciary have brought Brechs dna into the investigation via a detour. When Brech did not show up last year for the major DNA affinity investigation in the Nicky Verstappen case, the police later finally obtained his material via the missing database, when Brech turned out to be missing this spring.

According to the professor, the judge can label this as 'unlawful'. He can say to the judicial authorities: you have obtained this DNA in an unlawful manner, and then that evidence can be struck off, followed by acquittal. "But the court can go in all directions, you know."

Appearances are against Brech. He cycled past the site on the night after Nicky's discovery. He does not say a word about Nicky to two military police officers, which is strange considering his dna on the boy's clothes. Then last year Brech does not turn up when he called for the donating of DNA. After that, he goes missing without a trace.

All these choices will be taken into account, according to Peter R. De Vries, who assists the family: "He has also been in contact with the police for a sexual offence before. And he has been silent all this time despite all the publicity.''

Yet many pressing substantive questions remain unanswered during the first session tomorrow. The so-called pro forma mainly concerns any extra investigation wishes of the defence or the Public Prosecution Service, missing documents in the criminal file and other trial cases. Roethof will argue that the DNA evidence is not convincing, that there are other sex offenders in the file and that his client should therefore be released.

But the Public Prosecution Service does not want to let Brech go. The judiciary suspects the Limburger of manslaughter, abduction, rape and possession of child *advertiser censored*. The chance that Brech will soon be released seems slim.

For parents Berthie, Peet and sister Femke the long wait looms again. A psychological examination of Brech in the Pieter Baan Centre will probably not be completed until the summer. It is expected that he case will only be dealt with in terms of content in the autumn of 2019.



BBM


The original is a badly written piece. I aimed to improve it in translation, though I may have missed some absurdities.

 

[ZaZara]

Tweets by court reporter Saskia Belleman

Saskia Belleman (@SaskiaBelleman) | Twitter

The Public Prosecutor starts with a few introductory remarks. Twenty years, four months and a day after finding the dead body of #Nicky finally starts this case, says the OvJ.

The Public Prosecutor says he has sought publicity twice: for the DNA relationship investigation, and then to trace Jos B.. After his arrest on 26 January, the investigation benefited from silence, says the OvJ. #Nicky

The Public Prosecutor says they no longer responded to media messages. "No matter how difficult that was from time to time. We have not responded to opinions, beliefs or suggestions from people who are not entirely familiar with the file. #Nicky

"The fact that the counsel of the accused thinks otherwise, could be deduced from an article in De Telegraaf, among other things. The Public Prosecutor refers to the article about an expert report from 2008 about the 17 DNA traces that were found. #Nicky

The Public Prosecutor says they hope that after so many years of uncertainty the parents will be told what happened to #Nicky.

Jos B. is prosecuted for 4 things: deprivation of liberty, a sex offence, manslaughter and possession of child *advertiser censored*. #Nicky

This is a provisional indictment. This means that the Public Prosecution Service can still change it. For the time being, the Public Prosecution Service assumes that Jos B. has also sexually abused #Nicky.

Jos B. says he is "very well aware of the fact that this is very difficult for the family, and the death and loss of #Nicky has to hurt very much. That there are questions where there is no answer. I find that a difficult thing.

Jos B. also says he finds it hard to hear what he is suspected of. "And I find it difficult to be in this situation, to be in prison. I'm not the person who abused #Nicky, deprived him of freedom and abused him. I didn't do it.

Jos B. only admits to watching and possessing child *advertiser censored*. He did that in Simpelveld, where he lived. He doesn't remember how many images there were. #Nicky

"I downloaded things and then came up with something that wasn't intended. I put them aside. To delete. He didn't do that at first. Via an anti-virus program they came back to the surface. He was looking for "portraits", says Jos B. #Nicky

He was looking for portraits of people. Adults and children. "I am interested in photography, and through the vision of others you can learn, and see how others take pictures. He also collected images of plants and mushrooms. #Nicky

Can and does Jos B. want to answer the question today what happened in the hours before the discovery of #Nicky, the court asks? He is not going to do that. "In consultation with my lawyer.

Earlier he said to the examining magistrate that he would like to talk "when the time is ready". It is not clear when that is. Lawyer Roethof intervenes, but is forced to sit down by the Court. #Nicky

The chairman reacts irritated when Roethof persists. #Nicky

"The time is only ready when everything is fully understood", Jos B. said to the examining magistrate. By whom should everything be understood? "By me," says Jos B. He doesn't want to say anything else about it. #Nicky

The OvJ now discusses the state of the investigation. That is still ongoing. For example, a timeline of Jos B's life is under development. In addition, there are still dna-research projects in progress, and the NFI is making a 3-D model of the most important dna tracks in #Nicky's underpants.

Jos B. also will go to the Pieter Baan Centre for further examination, from about 11 March. The PBC has waiting lists. Jos B. will be admitted for 6 weeks. Five weeks later the report of the experts arrives. #Nicky

In the PBC an examination is done of Jos B.'s mental faculties. He has not objected to this. #Nicky

The Public Prosecution Service hopes to have the final file ready by the end of May, but the defence can also submit requests for investigation on the basis of that file. #Nicky

Lawyer Roethof says that the OM has so far provided "pieces of information". For 90% of documents that apparently have been there for years. "Why can't that old material be provided in one go? #Nicky

According to the Public Prosecutor there are "kilometers of paper, 90 files. Not all documents from the entire investigation are relevant, says the Public Prosecutor. For example, people were investigated who turned out not to have anything to do with it. "Not relevant for this suspect Jos B.". #Nicky

According to the Public Prosecution, Roethof gets enough to get a good picture of the case. The investigation file was made available for inspection by the lawyer at a police station in Amsterdam, says the Public Prosecution Service. Roethof can always ask for documents to be added. #Nicky

Roethof says that he will come back later "to the half answer", from the Public Prosecutor. #Nicky

I mentioned earlier the investigation that is still ongoing at the NFI: that is the Netherlands Forensic Institute. For the sake of clarity. The 3-D model of dna on the underpants will not be ready in January. Only then will the OM hear if it is possible, and when. #Nicky

According to the OM, the results of the DNA relationship study are "still being carried out". Apparently that is not yet finished. #Nicky


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more to follow

 

[ZaZara]

Tweets by court reporter Saskia Belleman, continued

Saskia Belleman (@SaskiaBelleman) | Twitter


The court also has a few questions. These include a report by a policeman who made statements during an expert meeting about the cause of death of #Nicky Verstappen.

Based on the questions of the court, there still seems to be a lot missing in the file. #Nicky

In 2008, many DNA samples were examined. The techniques were not as advanced as they are now, says the Public Prosecutor. No DNA profile could be obtained from a large number of tracks. Also, for example, #Nicky's dna was not even found in samples on the body.

The NFI has been requested by the Public Prosecutor to investigate this again. #Nicky

Lawyer Roethof is given the floor. Has put a solid story on paper, so it seems. Earlier he said he would speak for about an hour and a half. #Nicky

Roethof says he will "give a factual summary that absolutely does not do justice to the pain of the next of kin. That doesn't mean we don't feel compassion. #Nicky

Roethof emphasizes that in his role he should try to "disconnect the case from the emotional charge. I think you will have to say after my story, Mr. B., go home." #Nicky

From the start Roethof has made no secret of the fact that, according to him, there is insufficient evidence against Jos B. He complains about the information provided by the Public Prosecution Service. "We are constantly lagging behind the facts." #Nicky

Roethof says that it must be prevented that Jos B. is convicted in this publicity-sensitive case for something he has not done. "In more cases this was done on the basis of incomplete information. What Jos B. wants is a fair trial." #Nicky

B. can only obtain this fair trial if the defence receives all the documents available to the Public Prosecution Service in good time. #Nicky

In the meantime, Roethof now says that a week before Jos B. was arrested, he has registered as his lawyer. #Nicky

Roethof calls it "bizarre" that he had to rely on a book by Simon Vuyk, to know a bit about what the case is about. There were issues in it that were not in the file, says Roethof. "That's unacceptable." #Nicky

Roethof wants to know whether there are any other DNA studies in progress. He has the impression that the OM thinks that there is enough DNA of Jos B. found, and that that is sufficient. #Nicky

The court also has a few questions. These include a report by a policeman who made statements during an expert meeting about the cause of death of #Nicky Verstappen.

Based on the questions of the court, there still seems to be a lot missing in the file. #Nicky

In 2008, many DNA samples were examined. The techniques were not as advanced as they are now, says the OvJ. No DNA profile could be obtained from a large number of tracks. Also, for example, #Nicky's dna was not even found in samples on the body.

The NFI has been requested by the OM to investigate this again. #Nicky

Lawyer Roethof is given the floor. Has put a solid story on paper, so it seems. Earlier he said he would speak for about an hour and a half. #Nicky

Roethof says he will "give a factual summary that absolutely does not do justice to the pain of the next of kin. That doesn't mean we don't feel compassion. #Nicky

Roethof emphasizes that in his role he should try to "disconnect the case from the emotional charge. I think you will have to say after my story, Mr. B., go home. #Nicky

From the start Roethof has made no secret of the fact that, according to him, there is insufficient evidence against Jos B. He complains about the information provided by the Public Prosecution Service. "We are constantly lagging behind the facts". #Nicky

Roethof says that it must be prevented that Jos B. is convicted in this publicity-sensitive case for something he has not done. "In more cases this was done on the basis of incomplete information. What Jos B. wants is a fair trial. #Nicky

B. can only obtain this fair trial if the defence receives all the documents available to the Public Prosecution Service in good time. #Nicky

In the meantime, Roethof now says that a week before Jos B. was arrested, he has registered as his lawyer. #Nicky

Roethof calls it "bizarre" that he had to rely on a book by Simon Vuyk, to know a bit about what the case is about. There were issues in it that were not in the file, says Roethof. "That's unacceptable. #Nicky

According to Roethof, he does not even get documents that have been available for years. He says that the OM "withholds" those documents. #Nicky

Roethof says that he can only view the information between 9 a.m. and 11 p.m. at the police station. "Then the building closes. I like to read pieces in the small hours, so I don't get disturbed and I can concentrate. And during the day I have sessions. #Nicky

Among other things, Roethof calls it " inconceivable that in those 90 files he suddenly came across statements from the boys with whom #Nicky slept in the tent. There was a fight, and they all heard Nicky say he would run away the next day.

Ten days after #Nicky's death, a man in the area was caught sexually abusing a 12-year-old boy in the bushes, Roethof says. One Willem C., a man in his fifties who, according to witnesses, had been hanging around in the neighbourhood for a long time.

And there was also a statement from someone who recognized someone in his new neighbour who he was loitering near the youth camp. And there is a testimony from someone who says that Willem C. confessed to him the murder of #Nicky.

A pump attendant saw a boy described as #Nicky, with a man in a car full of junk. The boy was wearing red trousers and had a bare upper body.

An infiltration trajectory was set up against the man. "If you are kept in the dark about this kind of information, you get a distorted picture of my client and his role," Roethof tells the court. #Nicky

Roethof now describes a man who sent the police 2 letters in which he confessed to having sexually abused #Nicky in a caravan together with someone else. During an interrogation in the presence of his lawyer the man confessed. Roethof: "That should not be missing from the file.

It is all information that should not be withheld from the court, says Roethof. The lawyer also says that agents themselves weighed all kinds of information on their value. "It is not inconceivable that they eventually chose one hypothesis. Surely that is extremely relevant? #Nicky

According to Roethof, it is "manifestly incorrect" that he and the court have all relevant information at their disposal. There is also no report from 2001 in which an expert lists all the things that went wrong in the investigation, according to the lawyer. #Nicky

Roethof does not rule out that the court may be pushed in one direction in this case, because the Public Prosecution Service withholds other relevant information. #Nicky

Roethof cites case law in which judges rule on the need to provide the defence with all the documents necessary to conduct a proper defence. He also asks to be able to view the information digitally at his office. #Nicky

Jos B. sits with his arms folded over each other, leaning back in his chair listening to his lawyer. #Nicky

[ Saskia Belleman has retweeted
Arthur Hubers @Arthur_1Limburg
The aforementioned suspect Willem C, mentioned by Roethof, was a from Kerkrade. He died in 2001, and has officially always denied. #nickyverstappen ]

Has a criminal offence been committed, Roethof asks? Are there sufficient indications for this in the file? #Nicky

"Have the offences of sexual abuse, abduction and manslaughter actually taken place? We cannot establish this on the basis of this file," says Roethof. #Nicky

The cause of #Nicky's death has never been officially established. Nor has the sexual abuse. Roethof says that it is painful for the next of kin "who have been looking for justice for their child for years," but Jos B. must be released.

Roethof: "We cannot gamble. You do that in a casino, but not in a courtroom." #Nicky

Roethof asks on what the idea is based that #Nicky has been unlawfully robbed of his freedom. "I read in the file statements from his tent mates. They all indicate that there was an argument. There has been a fight. #Nicky was hit and kicked."

Mother Berthie yells something I can't understand. Roethof brings the statements of #Nicky's tent mates to the table. They all apparently say that the boy said he would run away.

Children run away more often, says Roethof. His own sister ran away from school. "She didn't like it there. Really happened." #Nicky

The lawyer mentions a number of examples of children who ran away after quarrels. This year only, two children from Heibloem. They were found in a forest, says Roethof, who bases himself on Limburg media. #Nicky


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more to follow

 

[ZaZara]

Tweets by court reporter Saskia Belleman, continued
Saskia Belleman (@SaskiaBelleman) | Twitter

Roethof says #Nicky had previously been homesick. And didn't really want to go to the youth camp. That makes the runaway scenario even more likely, says the lawyer. The police and the judiciary conclude too easily that he has been deprived of his liberty.

The police initially estimated the time of death of #Nicky on August 10, between 12 and 3 o'clock. This happened on the basis of discoloration at the navel. Patholog Soerdjbalie of the NFI later said that this could not be established.

Later research showed that #Nicky might have died a day later. Based on this, it was concluded that the boy had been held somewhere for a while, says Roethof.

When #Nicky was found it was not decided to secure the clues that were found and store them in a freezer to prevent further detoriaration, Roethof says. So the time cannot be determined, nor can it be determined that the boy has been held, according to the lawyer.

There are no traces that indicate that he has been deprived of liberty , such as traces of tiewraps around his wrists, says Roethof. That he was found barefoot is not surprising. According to the lawyer, he walked barefoot through the camp every day. #Nicky

Also that the boy was not wearing a sweater or shorts is understandable according to Roethof. It was summer, and it was warm. #Nicky

Roethof now comes to he the absence of sperm traces on or in #Nicky's body, which might indicate sexual abuse. He points to the #Milica case in which a ruling was made yesterday. There sperm was found from the now convicted offender.

Now that no sperm traces have been found, Roethof wonders why the OM still assumes sexual abuse. #Nicky

Excuse for the nasty detail, but this is probably relevant. Roethof agrees that #Nicky had a slightly opened anus when he was found. He quotes an expert who says that this is the rule rather than the exception after death.

This has never been investigated further, says Roethof. There are only pictures, "while it always appears that you can be very wrong because of that". #Nicky

Roethof is now talking about "a visible hematoma there", which may also have been caused by other causes. Cheap toilet paper. Hard stools. What the lawyer wants to say is that there is no hard evidence of sexual abuse. #Nicky

Then the reverse clothing. #Nicky was found with his underpants inside out. Roethof: "What does that say? The lawyer says it happened to him one day. He got into a fight with his wife who came up with different conclusions. "It says nothing".

On this basis, there are not enough so-called "serious objections" in terms of sexual abuse to allow detention to continue, says Roethof. "Put an end to the nightmare for my client. #Nicky

Roethof continues about the death of #Nicky. The general feeling is that children don't just die. "But child mortality does occur. Sometimes that is how it goes," says the lawyer. "Also in newspapers we see many examples of child deaths."

He gives a number of examples. Like the children who died for which Lucia de B. was convicted. Wrongly, as it turned out later. #Nicky

Roethof complains that he is continuously distracted by the commentary on his words that is made behind him. There the relatives of #Nicky and Peter R. de Vries are seated.

No signs of suffocation have been found with #Nicky. Experts don't rule it out, but no doctor who examined Nicky's body could name the cause of death with certainty. In particular, they did not rule out certain possibilities, such as stress.

There is nothing in the file about e.g. point bleeding in the eyes [ petechia ] , says Roethof. These could indicate suffocation. But because nothing has been written about it, apparently there was nothing to be seen. Other traces of violence were also missing, says the lawyer. #Nicky

According to Roethof, the Public Prosecutor's Office has called in "a typical party expert" from Belgium who "came to the semi-scientific conclusion that there was a life crime. #Nicky

Other judges of the Limburg District Court did not follow the findings of this expert in previous cases. "A Belgian", says Roethof several times with emphasis and some disdain. #Nicky

There has also been thought of hypothermia as the cause of death. "It was 30 degrees", says Roethof. "Why hypothermia? But he also says that by precipitation of moisture evaporation at night the temperature can have dropped to 14 degrees. "If you don't wear a sweater then. #Nicky

In other words, #Nicky may have become hypothermic after running away, and then died, according to Roethof.


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more to follow

 

[ZaZara]

Tweets by court reporter Saskia Belleman, continued

Saskia Belleman (@SaskiaBelleman) | Twitter

Roethof is on two thirds of his story. The chairman decides "that we will persevere." For the time being no break. #Nicky

"This will not lead to a conviction. You cannot, however, do not want to convict as it currently stands," says Roethof to the court. #Nicky

Roethof now joins the link of Jos B. to #Nicky Verstappen. The dna found on the underpants, pyama pants and on microtrack foil is the main reason for the link.

According to Roethof, it is "very unclear" how the microtrack film was used. "This was not to collect dna, but fibres. Roethof says that on the underpants, left arm, pyama pants of #Nicky dna traces of 3 others have been found.

More dna was found from Jos B., "but what does that say?" Roethof asks. According to him the quantity says nothing. #Nicky

Roethof warns for tunnel vision. He admits that you may wonder how the dna tracks ended up on #Nicky. "But how did the dna of the 3 others get there?"

Traces of animal hair have also been found on #Nicky. "We don't say that an animal killed the boy, do we?" Roethof points to the article in Saturday's @Telegraaf. It says that an expert from the OM doesn't call the dna any traces of the offender.

The fact that the OM wants to have a 3-D image of the DNA made, doesn't suddenly make it a trail of the perpetrator, says Roethof. He also says that there is a risk of contamination transmission - because the traces found have not been sufficiently secured. #Nicky

Jos B. was engaged with scouting. "There are many possibilities on which his dna may have ended up in that area. You go to the toilet, dry your hands, and then #Nicky goes to the toilet. With your dna on the towel."

According to Roethof it would only be suspicious if Jos B.'s dna was found while he had nothing to do there. But because of his activities in scouting according to his lawyer he had a reason to be there. #Nicky

Roethof mentions the example of a man who was suspected of having committed a murder while he was in hospital at the time of the murder. Transferred by the hospital brothers who had also lifted the victim. #Nicky

He also mentions the example of dna found under the nails of a murder victim. Dna of someone who died a month earlier. #Nicky

The discovery of dna says nothing, according to Roethof. He draws a comparison with the case of Tamara Wolvers. She was found dead, dressed in a bathrobe. On that robe was dna of Jacob G. He was acquitted up to the highest instance. #Nicky

Jos B. was not on the run, says Roethof. He lived with his mother for a long time. His family thought he should let her go. She went to the home for the elderly. Now Jos B. shows some emotion. His nose turns red, he swallows. #Nicky

He was long in Poland, in India and was busy with bushcrafting in France and Spain, says Roethof. That explains why he seemed untraceable. #Nicky

The fact that he did not participate in the DNA research does not say anything either, says his lawyer. One third of the men summoned did not show up. #Nicky

Roethof says Jos B. realises that the next of kin would like to hear something, "but he can't answer their questions. B. chooses to remain silent because he has nothing to do with the case. "We're not going to reverse the situation. He doesn't have to prove his innocence. #Nicky

Moreover, the memory is not infallible after such a long period of time, says Roethof. "The system is not designed for people who can no longer remember everything exactly. #Nicky

Roethof is now talking about Jos B's moral past. "You can't say that something may have happened at the time, so then it is you again," says the lawyer. That moral past cannot count, says Roethof. #Nicky

Jos B.'s dna is on #Nicky's clothing. But not on his genitals, emphasizes Roethof. So he asks the court to lift the pre-trial detention.

Break for half an hour. To be continued at half past one. #Nicky

 

[ZaZara]

Tweets by court reporter Saskia Belleman, continued.

Saskia Belleman (@SaskiaBelleman) | Twitter



The case has been resumed. The prosecutors Emmen and Mattheijs are given the floor. #Nicky

The public prosecutors first respond to the requests for research. Emmen interprets Roethof's request as a request to turn the investigation file into a case file. "He places particular emphasis on what he does not have." #Nicky

According to the Public Prosecution Service, Roethof has all information that makes his client a suspect, has all NFI reports and reports of all other experts. "This is a luxury that very few lawyers were given during a first pro forma. #Nicky

Roethof's accusation that there is no equality of arms, he undermines according to the Public Prosecutor himself with his argument. According to the Public Prosecution Service, this shows that he has already been introduced in considerable detail. #Nicky

According to the Public Prosecution Service, it is not possible to determine with one stroke of the pen which documents are also part of the case file. Excluded suspects are not always relevant. The two mentioned by Roethof are excluded because of dna, says the Public Prosecutor. #Nicky

The Public Prosecution Service does not want the investigation file to end up outside the police station. According to the Public Prosecution Service, there is a lot of information in the file about persons of whom the question is whether they will also end up in the case file. "The risk of disclosure is too great. #Nicky

As far as the Public Prosecution Service is concerned, Roethof has to read the information at the police station. To prevent this from ending up on the street. #Nicky

Roethof specifically asked for an investigation report from 2001, about the start of the investigation and mistakes made. It is an internal memo from the police chief, says the OvJ. "But we don't have it. That one of the media has it, doesn't make it any different. #Nicky

Roethof has twice called on the court to "look at the case from a distance". The OM wants that too. But the Public Prosecution wants this to prevent every element from being "frayed" in such a way that the context is lost out of sight. #Nicky

According to the Prosecutor Roethof concludes "too easily and too simply" that there was no question of a sexual crime. There is more to this than sperm. According to Emmen, the fact that no sperm was found does not automatically mean that there was no sex offence. #Nicky

The Public Prosecutor criticises Roethof for 'selectively quoting'. The case of Tamara Wolvers cannot be compared to this case, says the Public Prosecutor. The dna on her bathrobe was from a family member. It was not unusual that his dna was on it. That's different with Jos B's dna. #Nicky

The Prosecutor now addresses the existence or non-existence of "serious objections" justifying continued pre-trial detention. #Nicky

#Nicky's body was lying in such a way that it was clear that he had been placed there, says the Prosecutor. Moreover, he was lying in a place where they had intensively searched for him for hours.

#Nicky was healthy when he went to camp, "and 11-year-old boys don't die just like that. He died an unnatural death," says the Prosecutor. The fact that the cause of death cannot be precisely determined need not stand in the way of that conclusion.

The Prosecutor also refers to the section findings, which led the pathologist to conclude that #Nicky may have died of suffocation. Smothering does not always leave visible traces, but the traces that were seen indicate suffocation, according to the Prosecution.

The Prosecutor says that Jos B.'s dna was found 21 times on Nicky. Jos B.'s dna was on all sides of the underpants. "Contamination in underpants? Or by innocent contact? The Prosecutor believes that it is up to Jos B. to give an explanation for this. #Nicky

Also three hairs were found that can be attributed to Jos B., according to the Prosecutor. If Jos B. is really innocent, then according to the Prosecutor he would shout that from the roofs. But he does not. #Nicky

According to the Prosecutor Jos B. says only 3 things: that he hasn't kidnapped #Nicky, hasn't abused and hasn't killed #Nicky. According to the Prosecutor he keeps all options open for a possible alternative scenario to be filled in later.

The Prosecutor also wonders what Jos B. was doing on the Brunssumerheide when the investigation was in full swing. "A man who in '84 and '85 grabbed boys from behind and grabbed their willies. A man who, according to the Prosecutor had an incredible story, and watched child *advertiser censored*. #Nicky

According to the Public Prosecutor Jos B. was indeed on the run, that is why he had no contact with his family, not even when his mother died, and he avoided DNA testing. #Nicky

For the Prosecutor, the Roethof runaway scenario is " implausible ". "An 11-year-old boy does not announce that he is running away, he does so in the heat of the moment. He doesn't go to sleep first, and then walks away at 6 in the morning." #Nicky

Moreover, the Prosecutor believes that he would never run away. Two years earlier he simply called his parents when he was homesick. His disappearance can be attributed to Jos B., says the Prosecutor. "A man with a proven predilection for young boys." #Nicky

According to the Prosecutor there are indeed indications that #Nicky has been sexually abused. Small bleedings have been found that indicate this. The boy would never voluntarily undergo that. According to the Prosecutor he must have been deprived of his freedom by Jos B..

In Nicky's neck pressure injury was found. According to the Prosecutor this is not the result of a fight with friends, but of smothering by Jos B. "#Nicky died because of a lack of oxygen".
It may be clear, the Public Prosecution thinks that Jos B. should stay behind lock and key. #Nicky

Lawyer Roethof is allowed to respond to the Public Prosecution Service. Prosecutor Paul Emmen sounded unusually sharp in his reaction to the story of Jos B's lawyer. #Nicky

Roethof is clearly less satisfied than the Public Prosecutor thinks he should be with the information he has so far. "Again, give me all the documents." #Nicky

Roethof again emphasizes that the work in this case was sloppy. Blood traces of #Nicky that were not there at first, and then they were. Blood that has clearly been transferred from one garment to another.

Roethof explains by raising his voice why he advises Jos B. to keep quiet. "I don't want you to ever be in this position again," he would have said, referring to Jos B.'s moral past. #Nicky

According to Roethof, there are no similarities with touching boys in the past. "I don't dismiss it, absolutely not, but I don't see the similarities. #Nicky

Yes, says Roethof, Jos B. has touched boys in 1984 and 1985, he looked at child *advertiser censored* and according to the Public Prosecution Service has a predilection for young boys, but there have been no more incidents since then. "He has worked on himself. #Nicky

The Public Prosecutor says that the 'unknown man 2' of whom dna was found was clearly the main suspect. Only later did it become clear that this was dna by Jos B.. #Nicky

The Prosecutor makes no secret of what he thinks of the comparison by Roethof with the Schiedammer Park murder. He remains silent for a long time. Says "yes...". The Schiedammer Park murder went down in history as the textbook example of tunnel vision. But that is not the case here, says the Prosecutor #Nicky

The other dna tracks that were found are compared to the dna tracks of Jos B. "next to nothing", according to the Prosecutor. #Nicky

The court withdraws for deliberation. Until half past four or later... #Nicky

When Jos B. leaves the court room, #Nicky's mother yells at him. I heard: "Don't look at me!

 

[ZaZara]

Tweets by court reporter Saskia Belleman, continued.


Saskia Belleman (@SaskiaBelleman) | Twitter

It is now clear to me that Berthie Verstappen did indeed want Jos B. to look her in the eye. "Kiek dan, B.!" she shouted at him in Limburgish. It had no effect. Jos B. averted his eyes. #Nicky

We are back in the courtroom. And Jos B. too. #Nicky

The court first responds to the requests of the defence, among other things about adding the investigation file to the case file, and to make it available digitally. #Nicky

Roethof has already once successfully asked the OM to add certain documents, such as about the arguments with his tent mates, the court says. #Nicky

Roethof's request to provide him with unspecified documents, but the entire investigation file, is rejected, the court says. #Nicky

The hours at which Roethof can go to the police station are ample, says the court, but they also understand that it is not sufficient for the lawyer. The court says that the Public Prosecution Service must also offer access to the information to a colleague. #Nicky

Now the court arrives at the pre-trial detention. Pathologists have found bleeding in #Nicky that indicates sexual abuse.

The injury must have occurred shortly before death, the pathologists say. #Nicky also wore his underpants and pyjama pants inside out. The court finds it plausible that they were taken off.

Jos B. did not make a statement about his DNA on #Nicky's clothing. According to the court there are sufficient indications for the sexual abuse.

The court takes serious account of the fact that the person who abused him also caused his death. Especially because #Nicky was clearly placed at the place where he was found.

The court also sees a danger of flight. Jos B. remains in custody. #Nicky

The case will continue on 8 March at 10 a.m. Again with a pro forma session. Shortly after that hearing Jos B. goes to the Pieter Baan Centre for an examination of his mental faculties. #Nicky


=====


That will be all for today.

 

[ZaZara]

Playboy interviews Gerald Roethof, counsel for Jos Brech

part of an interview published on december 6, the link goes to paywall. access with a 'blendle' account.

In December you will have to buckle up as counsel for the ex-scouting member and bushcrafter Jos B... Then the criminal case will begin against the man suspected of manslaughter of the little boy Nicky Verstappen, who died in 1998.

The pro forma session starts on 12 December and I expect the media to jump on top of it massively. And I take into account that the substantive treatment of the trial will only start sometime in 2019. But apart from that, it may sound crazy and please don't misunderstand me: for me this is not an unusual criminal case.

Pardon? The Nicky Verstappen case is perhaps the cold case of the moment in the Netherlands. First that large-scale DNA investigation, from which Jos B. escaped. To then disappear from the radar for months and after an international arrest warrant against him because of a dna-match to be arrested near a remote farmhouse in Spain, end of August. Surely it is impossible to maintain that this is not an 'unusual' criminal case?

Give me some time to explain it calmly: every year 100 to 150 people die as a result of a crime in the Netherlands. For every surviving relative, this case is the trial of his or her life. Every case that revolves around a life crime is emotionally intensely charged. In this case of Nicky Verstappen, this emotion transcends the courtroom many times, especially as a result of the enormous media attention. But again: for me it is not an unusual criminal case, the pressure is mainly on the Public Prosecution Service. They must provide convincing evidence against my client. Based on the evidence I have now received from the Public Prosecution Service, I take the view that the judge should acquit my client.

Peter R. de Vries, who is tenaciously involved in the case and emphatically asserts himself as spokesperson for the Verstappen family, has so far hardly been impressed by your message about the lack of evidence in the case. In his opinion you disqualify the dna-match and refuse to explain how Jos B.'s dna-tracks ended up on Nicky Verstappen's underwear. Not to mention the child *advertiser censored* found in Jos B.'s possession. At the end of September both of you were guests of Pauw and De Vries told you that you were 'juggling with the facts'.

Whether Mr. De Vries is indeed not impressed or pretends this for the stage, I do not know. I did notice immediately how intensely emotionally involved he is in this criminal case. But of course he has that right.

Peter R. de Vries continues to find it 'cowardly' that Jos B. invokes his right to remain silent. Will Jos B. finally break his silence in court, if it is up to you?

The future will tell. As with any criminal case, there are two sides to the story, although it is probably difficult to digest for people who are emotionally involved like Peter R. de Vries and the next of kin he represents. In any case, I will explain the side of my client's story in detail in court.

What is actually happening with Jos B., who has been detained since the end of August? It will certainly take time getting used to a new environment for someone who is used to nature...

I'm not going to say anything about his feeling and personal state of mind. I can assure you, however, that he is really looking forward to the start of the criminal proceedings, just like almost all other clients who are in pre-trial detention.

Is it true that Jos B. approached you at the time from his Spanish police cell to assist him?

Yes, he called me just when I was sitting in the Curaçao sun.

Remarkable, because, with all respect, you are not such a famous lawyer...

What matters to me is that I am known especially to those people who need me. Every year I assist 750 clients, the triple number call me if I would like to become their counsel. By the way, the lion's share of this concerns drug cases, only a very small proportion sexual cases. So I am certainly not a specialist in moral cases. But that does not matter much either. As a criminal lawyer, you have to rely mainly on word of mouth advertising. And you have to make sure that you are fully visible in the media, also when it matters. That as a lawyer you stand up for your client and that you are prepared to fight to the bitter end.


BBM


Meanwhile, December 12 has come and gone and Jos Brech is still in prison.

 

[ZaZara]

Geen mannen meer benaderd in dna-onderzoek Verstappen


In the Nicky Verstappen case men are no longer actively summoned to yield DNA. For the time being there is one suspect in this case, Jos Brech from Simpelveld.

However, two other traces have been found of which the owner is still unknown. As a result a lot remains unclear.

DNA was found on a tissue with sperm, near Nicky's lifeless body on the Brunssummerheide. Also on Nicky's clothing, the dna-trace of another man was found. The prosecution, however, assumes that the material of Jos Brech is a 'perpetrator trail.' His DNA has been found a total of 21 times, including on the inside and outside of the underpants and on the body of the eleven-year-old boy from Heibloem.

So far, 16,500 men have donated oral DNA. A total of 23,000 men had been summoned. 21,500 of them were summoned in a kinship investigation into the owner of the dna-track on Nicky's clothing via the family line. In addition, 1500 men were requested to donate body material for a one-to-one comparison. The latter group also included Jos Brech. He did not cooperate, but came into the picture after he was reported missing. At that time, his distant family gave a DNA swab and that resulted in a one hundred percent match.

Initially, 16,000 DNA samples were collected. Last autumn another 500 samples were added. Men who still have a summons at home can make an appointment with the police to give up DNA. However, they are no longer actively approached. "Given the state of the investigation this is no longer necessary," according to prosecutor Fanny Hilhorst, referring to the match and arrest of Jos Brech.

Hilhorst: "At this moment the suspect has not given a plausible explanation for the presence of his DNA. At the current state of affairs it has been decided not to invest further in persons who have not responded to the call to voluntarily yield DNA."

In June last year, the Public Prosecution announced that they would actively seek three thousand men for a cheek swab: they would all be called. Afterwards it turned out that there had already been made a one hundred percent match with Jos Brech. The Ministry of Justice now admits that this new group was never approached. "The intention at that time was to continue with DNA tests, the question was whether he would be found, given the fact that he had been reported as missing time for a long time and we did not know how the the case would develop" prosecutor Hilhorst says.


BBM

 

[ZaZara]

Jos Brech blijft opnieuw langer vastzitten

The judge has decided Friday [ March 8 ] during the second pro-forma hearing in the Case-Nicky Verstappen that Jos Brech must remain in detention.

Brech is suspected of killing, abusing and abducting 11-year-old Nicky Verstappen. The boy from Heibloem disappeared in 1998 from a youth camp at the Brunssummerheide. A day later he was found dead.

The court further ruled that there is still no decision about a viewing at Brunssumerheide, where Nicky disappeared in 1998 and was found dead. The OM made a request for a viewing and Brech's lawyer Roethof initially responded moderately positive. The court now wants a furthert substantiation from the Public Prosecution Service. A final decision about the viewing will be made on 5 June, during the next pro-forma session.

Brech will be admitted to the Pieter Baan Centre (PBC) next week. There he will be screened for six weeks. Lawyer Gerald Roethof does not want to say whether Brech is willing to cooperate in the investigation at the Pieter Baan Centre. It is not clear whether Brech will be placed in the regular department of the observation clinic or in the so-called 'refusal department'. A spokeswoman for the Netherlands Institute for Forensic Psychiatry and Psychology does not want to comment because of privacy considerations.

Lawyer Roethof expects only generalities from the PBC investigation. "How should investigators assess the risk of recidivism in a case that is twenty years old and in which no new offences relating to child abuse have emerged in the meantime?", Roethof asks. He does not take into account child *advertiser censored*, about which Brech already declared and confessed last year.

On June 5 Brech should reappear pro-forma. A substantive discussion on June 5 is too early, according to both Roethof and the public prosecutors.


BBM

 

[ZaZara]

Video: Peter R. de Vries over zwijgen Brech: 'Wees eens een kerel, vertel je verhaal'

Jos Brech, the man suspected of killing, abusing and abducting 11-year-old Nicky Verstappen, was again in court on Friday in a second, non-content session.

The hearing went according to expectations for the Verstappen family, says their spokesman Peter R. de Vries. "They have quietly endured the second proforma session and there was less tension than during the first session."

The judge decided that there were enough reasons to hold Jos Brech longer.

Brech's procedural attitude, perseverance in silence and refusal to answer elementary questions are matters of great concern to the family. "Jos Brech is given every opportunity to tell his side of the story. I don't think he should say that he gets an unfair trial. The family still finds it very cowardly that he doesn't face the facts. Also the twists and turns of the lawyer who leaves matters open and makes allusions about whether or not he will tell something in the future: Be a man, tell your story."


BBM


In the video Peter R. de Vries says:

"The presence of his DNA is crying for answers but as soon as he starts to say something about it, yes, things will get very difficult for him."

 

[worldwatcher]

This is completely O/T,but I just read that there were 2 bodies found at the same location where Nicky Verstappen was found.

Two killed in an incident at Brunssummerheide

Two people were killed in an incident in Heerlen on Tuesday. It is about a man and a woman who were found on Brunssummerheide.

Around 12:30 the police received a report from a walker who had found the woman at the Kamperheideweg in the nature reserve. According to a first report, it would be a stabbing, but the police are still investigating this.

Dogs
Not much later the lifeless body of the man was found at a hundred meters distance. Two stray dogs were found in the neighborhood. A police spokesperson said that the dead man and woman both had a four-legged friend. [.......]

Google Translate

 

[ZaZara]

Third Pro Forma Hearing

Tweets by Jeroen Wetzels @jeroenwetzels
Reporter RTL News


Third pro forma hearing case #NickyVerstappen, from 10:00. #JosB is suspected of manslaughter, abuse, kidnapping. @rb_limburg

Two important focal points at today's session: the report of the Pieter Baan Centre and the viewing that the @Limburg_OM wants to hold at the Brunssummerheide.

The Public Prosecution wants the court to view with their own eyes the #Brunssummerheide, where #NickyVerstappen was at summer camp in 1998 and where his body was found. According to @Limburg_OM, such a #view is good for the impression of the court.

The judges are not yet convinced of the usefulness of a viewing. They instructed the Public Prosecution Service to better substantiate why a visit to the #Brunssummerheide, after twenty years, still makes sense. Today the decision has to be made.

For six weeks #JosB has been examined psychologically in the Pieter Baan Centre. The aim is to get a better picture of the suspect: does B. have disorders, does he need treatment, what is the risk of repetition?

#JosB denies kidnapping, abuse and killing of #NickyVerstappen. In the police interrogations B. refuses to answer questions. Interesting: to what extent did B. cooperate with the observation in the Pieter Baan Centre?

#JosB walks into court. Wearing jeans and bath slippers. His beard has been trimmed shorter than in previous sessions.

OM: four months delay in compiling an investigation file in case #JosB. Main cause: the forensic coordinator (+ file coordinator) of the police died in a serious accident.

Initially, the intention was to deal with the substance of the case at the earliest in the autumn. Now this will not happen until 2020.

The report of the Pieter Baan Centre (PBC) on #JosB is ready. The 'rough version' of the 3D visualisation of the DNA traces on the underpants of #NickyVerstappen is also finished.

The PBC report states that #JosB has written a statement. Public Prosecutor: "We explicitly invite the defence to make this statement known."

Court questions #JosB: Will you make your statement today? B.: "No. The statement comes at the time we choose to offer ito. So far, I have the feeling that we are being hindered in our defense."

The President of the Court puts pressure on him: "Every time we sit here, we are ready for your statement. You are invited to do that." And: "You also realise that it can have consequences for the value of your statement. The longer you wait..."

OM emphasizes: it is important that #JosB gives its explanation before the viewing of the Brunssummerheide is held. Prosecutor's Office: "It doesn't make much sense to have a viewing if there is an explanation afterwards."

OM wants to test the scenario that #JosB might sketch in his statement, during the chimney on the Brunssummerheide.

Court: "Mr. B., you're coming too, aren't you?" -B.: "I don't feel like it that much." -Rechtbank: "But we think it's important that you also see what we see." -B.: "If that's what it is, then that's what it is. But I don't feel like it."

According to the Public Prosecutor's Office, the viewing should take place in August. In daylight. A potato field would have to be ploughed in order to make the vegetation comparable to the situation in 1998.

OM wants to involve two experts in the field of the 'Bayesian method'. They can provide information about various scenarios in which DNA from #JosB has ended up on clothes and body from #NickyVerstappen.

Prosecutor's Office: "It is not evidence in itself. But in this case, in which we are doing everything possible, we consider it valuable if there are two experts who assess the file in this way.

The Prosecuter identifies the most important evidence in the case #JosB: DNA + medical reports on the death of #NickyVerstappen. The two experts could help determine which scenario is the right one.

Lawyer Roethof says he was shocked by the fact that the OM wants to introduce Bayesian experts into the case

Lawyer Roethof on the Bayesian method: "A hocuspocus story, that's what I call it! It's a science based on nothing. You shouldn't go along with that. You shouldn't want that."

Lawyer Roethof: "You know the case of Lucia de B., one of the biggest miscarriages of justice. There was also one of those Bayesian experts who unleashed a mathematical model on the case. Don't we learn anything from the lessons of the past?"

Lawyer Roethof about inspection: "If something changes, it's nature. Vegetation. If we go there, we're fooling ourselves a bit. You are going to look at something that is definitely different than it was then. You get the wrong image."

Lawyer Roethof about an additional report by pediatrician Bilo: "These further answers support me in the fact that there will not be a proven verdict given in case #NickyVerstappen. It is completely unclear whether there has been a crime at all."

According to lawyer Roethof, pediatrician Bilo reports on the cause of death: it is not possible to make statements about the cause of death. Roethof: "This is not going to change anymore."

On the basis of the additional report of pediatrician Bilo lawyer Roethof says: high time to release #JosB.

#JosB has been in the Pieter Baan Centre (PBC) for six weeks. He had a few conversations with the psychologist. After that he stopped.

According to the lawyer, the PBC report contains no indications of a mental disorder. Roethof: "On the basis of the PBC report I tell you: you have in front of you a normal man. Not a danger to society."

According to PBC, #JosB has 'indications for pedophilia', mainly based on the sexual abuse cases from 1984/1985, when he touched boys. Roethof: "If after that there are no further reports of misconduct with children, then he apparently behaved better."

According to lawyer Roethof, PBC concludes about #JosB: no problems with aggression regulation, no empathy deficit, no advice about treatment, no statements about his accountability and about the risk of repetition.

Lawyer Roethof asks #JosB to end his pre-trial detention: "Client is prepared to surrender his passport".

OM wants to prepare for a reaction. Court adjourned until 12:30. hrs.


BBM

 

[ZaZara]

Third Pro Forma Hearing, continued

Tweets by Jeroen Wetzels @jeroenwetzels
Reporter RTL News


Prosecutor emphasizes the PBC-report: a disorder in #JosB has been diagnosed, namely paedophilia.

Prosecutor's Office: "If you do not show the back of your tongue and have a statement in the hands of your lawyer that you do not want to give, then it is not so strange that an image emerges of a reasonably normal person."

Lawyer Roethof: #JosB made a deposit box statement months ago to avoid being accused of aligning his story with the file and with the evidence afterwards.

Court agrees with viewing on #Brunssummerheide: on 27 August the court, OM, lawyer and #JosB visit the place where #NickyVerstappen was at summer camp in 1998 and where he was found dead.

It will be a 'closed session', from 10:00 am. No press is allowed. "We leave the actual logistics, deposition etc. in the hands of the Public Prosecutor's Office and the police.

Court: the two Beyesian experts will not be involved in the case #NickyVerstappen. Court calls method 'controversial'. "Selection of evidence is a matter for the judge."

The Court sees 'added value' in from the viewing of #Brunssummerheide 'in determining the respective distances'.

#JosB remains imprisoned, according to the court. Reasons: shocked legal order and risk of escape. Court: "It is impossible to explain if you would be released."


BBM

 

[ZaZara]

Deel Brunssummerheide tijdelijk dicht voor schouw zaak Nicky

Part Brunssummerheide temporarily closed for inspection in case Nicky

Next Monday part of the Brunssummerheide will be cordoned off for 24 hours by means of a so-called emergency ordinance, according to the municipality of Brunssum. This happens because of a closed hearing on the moor in the case of the murdered Nicky Verstappen.

This concerns an area of about 2 by 2 kilometres on the eastern side of the Brunssummerheide, near the Touristenweg. The area is cordoned off. The cordon starts at 18.00 hours and lasts 24 hours.

During this so-called closed hearing the area is visited by judges, public prosecutors, the family of Nicky Verstappen under the supervision of the police and the suspect in the case, Jos B., with his lawyer. The inspection is closed, press and public are not welcome.

On the Brunssummerheide the body of the 11-year-old boy was found 21 years ago. He disappeared from a youth camp, and a day later he was found dead. Jos B. came into the picture as a suspect as a result of a large DNA-relationship investigation. He was arrested last August

BBM

 

[ZaZara]

Tweets by court reporter Saskia Belleman @SaskiaBelleman

In the court of Maastricht, the media are gathering in anticipation of the pro forma hearing in the #Nicky Verstappen case. We have just heard that the inspection on the Brunssummerheide has ended.

The media were not allowed to be present at the viewing. The court, suspect Jos B. and his lawyer Gerald Roethof, the family of #Nicky Verstappen and their spokesman Peter R. de Vries, have visited 3 locations on the moors.

This happened at the request of the public prosecutors who thought it was important that the judges could form an impression of sightlines, distances, etc. on location. #Nicky

The locations where #Nicky camped 20 years ago and where his body was found were examined. Also the place where Jos B. stood with his bike at night was visited. We might get some more information about what the inspection yielded.

It takes at least 45 minutes to drive from Brunssum to the court in Maastricht, and then the participants will probably take a break to freshen up. It is very hot on the moors today. #Nicky

According to Peter R. de Vries it was very difficult for the family of #Nicky Verstappen to visit the heathland. "Especially the place near the Christmas tree grove where he was found. That' s something that gets to you."

De Vries says that the inspection has not so much clarified things, but that it can still be useful to have seen the place where everything must have taken place. #Nicky

Jos B. was surrounded by 3 guards during the walk between the locations. He was not handcuffed, but the area was hermetically sealed.

According to De Vries, "remarkably little had changed" on the Brunssummerheide compared to 20 years ago.

It was particularly "confronting" for the family of #Nicky Verstappen to see again the place where #Nicky was found, and at the same time to be 2 meters away from the man who is suspected of being involved in his death.

The group also visited the place where a tissue was found containing DNA from an unknown woman. It is not clear whether this tissue has anything to do with the death of #Nicky.

According to De Vries, during the kilometres long walk along narrow paths, an attempt was made to separate the Verstappen family from Jos B., but that was not possible everywhere. "And then we were only 1.5 meters away from him."

Jos B. did not want to answer any questions on the moor, and he also evaded eye-contact with the Verstappen family, says De Vries.

The parents of #Nicky Verstappen wanted to be at the viewing today, "but it wasn't pleasant," says De Vries. "They want to do everything to clarify what happened 21 years ago."

We are now in the courtroom of the Court of Maastricht. We are still waiting for the court and suspect Jos B. The Verstappen family has arrived.

Jos B. is inside. Leans with his forearms on the table in front of him.

The chairman of the court says that the main purpose of the inspection was to see the specific characteristics of the site and to form an impression of sightlines, so that the court can imagine more clearly the scenarios sketched out during the trial.

In total, the company of about 25 people walked a few kilometres across the moors. "It was warm", says the chairman. The places visited were compared with photos from the year of #Nicky's death, and many new photos were taken.

The 3D visualisation that the Netherlands Forensic Institute made of #Nicky's underpants, which contain several traces of Jos B.'s DNA, is finished. The makers have yet to process and answer comments from the court, the Public Prosecutor's Office and the defence.

Lawyer Roethof considers the 3-visualisation unnecessary. He objects to the extra 2 months that the researchers need to complete the model, because Jos B. has been in custody for so long.

More about the DNA examinations. The defence has asked a number of additional questions, including about the way in which #Nicky's underpants are secured, in connection with the risk of contamination.

Roethof also wanted DNA traces where this was still possible to be investigated in more detail. This has already been done, but the results are not yet available.

Lawyer Roethof is given the floor. Points out that Jos B. was in pre-trial detention for a year yesterday. "No matter how serious the accusations may be, that should be a turning point."

Roethof doubts whether it is possible to hold a pre-trial hearing on 20 November, "when I see how slow things are going. I doubt that."

Roethof expresses his respect for the way in which the family Verstappen walked during the inspection, "together with whom they might see the perpetrator. Everything went well."

According to Roethof, as far as he is concerned, the inspection has only provided exculpatory information for Jos B.

According to Roethof, the fence around the camp where #Nicky camped 21 years ago was low, and broken in one place. According to him it was very easy for anyone to get into the camp. There were no security measures.

Roethof also concluded on the basis of this morning's inspection "how quickly someone can get out of sight. If you walk down the path, you soon don't know where you come from."

Roethof also noticed how "gigantic" the heathland is. "There are horses everywhere. If you don't have good orientation skills, you can easily get lost."

Roethof also says that it was very easy for everyone to use the toilet on the camping site. He talks about strangers who probably went there, made use of the brush, and the possibility that dna ended up on #Nicky's underwear.

The lawyer insists, the DNA could also have ended up on #Nicky's underpants in an "innocent way". An expert said that earlier too, according to Roethof.

Roethof also points out that sexual abuse of #Nicky could never be established with certainty, and that there are several scenarios for the way he died. "Lost, dehydrated, carried away."

Jos B. didn't have a car at that time, Roethof says. "He had a bicycle. I can't imagine that he could take a boy with him and put him on the spot where he was later found."

The boy was found behind a fence of some kind of chicken wire. Roethof doesn't think that's strange. "There was a lot of wildlife there. What do you do as a boy if you are lost? Then you seek protection."

According to Roethof it has still not been proven that #Nicky was killed as a result of a crime. "After a year the Public Prosecution should have come up with more."

"We can think of all kinds of things, but we just don't know. And the Public Prosecution has not been able to provide the promised clarity," Roethof says. "That's why I'm asking the court to end this nightmare for the client. The suspicion is not strong enough."

Roethof also remarked that Jos B. hadn't been in the tent where #Nicky was staying in August 1998. Is that right, the chairman asks? Jos B. says he didn't say anything about it, and keeps repeating it.

Not surprisingly, the Public Prosecutor's Office is opposed to the lifting of pre-trial detention. The Public Prosecutor says that everyone is still waiting for a statement from Jos B. "The lawyer only presents blanks."

The time is running out, says the Prosecutor, "also for the defense. Jos B. has said before that he can give "no" further insight. He even put the word "trump card" in his mouth. The slow progress is partly due to the defendant, says the Public Prosecutor.

An energetic course of the investigation "also works on both sides", says the Public Prosecutor. Roethof just said that, as far as he is concerned, the inspection provided exculpatory evidence for his client, "but he is nowhere concrete."

With the story about the toilet and the innocent way in which DNA ended up on #Nicky's clothes, Roethof makes it too easy for himself in the eyes of the Public Prosecutor. "Jos B.'s DNA is on Nicky's underpants on all sides."

The DNA expert who quoted Roethof to substantiate his assertion that DNA transfer may have taken place in an innocent manner, is now outdated, says the Prosecutor. "The further DNA investigation had not yet been carried out at that time.

That #Nicky may have died as a result of hypothermia, seems unlikely to the Prosecutor. It was about 17.5 degrees Celsius in the night of his death. But he has to admit that the cause of death has never been determined with certainty.

"It can only be that his death was caused by a crime", according to the State Prosecutor, who points out that smothering, for example, leaves no or hardly any traces. But not 100% clarity.

The Public Prosecution also says today that it hasn't heard anything new. Just like Roethof did. But where Roethof finds that a reason for the release of Jos B., the Public Prosecution finds that a reason to hold him.

The DA accuses Jos B. of "playing some kind of poker game with his trial attitude." And according to the Prosecution, the risk of escape is also obvious. "This man was already on the run before he became a suspect in our eyes.

Lawyer Roethof thinks it's time for the substantive treatment, and a final judgment by the court. "Unfortunately you can't do that today, and that's why I'm asking you to make some decisions anyway.

To this day, the Public Prosecutor's Office has failed to sketch a scenario about the events of that night. "We have to be careful not to turn the case around, and Jos B. has to prove that he is innocent. The prosecution is the accusing party."

Roethof: "Why is it that time is running out for the defence? The Public Prosecutor's Office should submit a file. The Public Prosecutor's Office says that the file now covers thousands of pages, which I can expect in October. And then, on 20 November, I have to have the wishes of the investigation ready?"

Roethof also says that the Public Prosecution should "not try to undermine the right to remain silent, a basic human right of the accused".

The Public Prosecutor's Office almost jumps on top of the microphone with enthusiasm. He catches Roethof on an incorrect sketch of another criminal case in which suspects are said to have kept silent. But this Prosecutor was the case officer in that case, and the suspects did not keep quiet.

According to the Public Prosecutors, the Public Prosecution does sketch three scenarios, and Roethof's accusation has no effect.

The court is back after a short suspension.

The court still sees sufficient reasons to maintain Jos B.'s detention. The exculpatory evidence that lawyer Roethof obtained from the inspection is not enough at the moment.

There will be a pre-trial hearing on 20 November. Then the defence can submit requests for investigations, and both Roethof and the public prosecutors can indicate which experts they want to hear at the hearing.

For today the hearing is over. To be continued on 20 November.


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[ZaZara]

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Final attempt to make Jos Brech talk in 'last interrogation'

A week before the pre-trial hearing in the Nicky Verstappen case, the investigation team tries to entice the silent suspect Jos Brech one more time into making a statement. This week the 56-year-old from Limburg will be questioned, next week the Public Prosecutor's Office (OM) will explain in court how Brech must have proceeded when Nicky was kidnapped and killed.

Brech's lawyer Gerald Roethof confirms that his client will be interrogated one last time this week. But the investigation team can expect few answers, it would appear. Roethof: "Since my client's arrest, now almost fifteen months ago, police have had to conclude that the client only declares what he wishes to explain himself in consultation with his counsel. Whether that will go differently in what the auditors have called 'the last interrogation'? That will have to become clear. I can only say that neither I nor my client have indicated that he will now answer all the questions of the team in terms of content."

The man from Limburg denies any involvement in Nicky's death, but in previous interrogations and interim court hearings Brech kept silent about the 21 DNA traces of his that were found on the clothing and body of the eleven-year-old boy who was found dead on the Brunssummerheide in August 1998. According to Roethof, the defendant has put a statement on paper about this, but it will remain in the safe for the time being, Brech said in June: "I want to keep my cards in my hand."

The Public Prosecutor's Office has now completed the final file, which would count more than ten thousand pages. During next week's hearing, the Public Prosecutor's Office will present the indictment, which will describe in greater detail how Brech must have been involved in the kidnapping, abuse and death of the eleven-year-old boy.

Despite Roethof's insistence in earlier sessions, the public prosecutors have so far kept mouths shut about their scenario. The Public Prosecution does not want to give an explanation of the indictment for now. "We will not make any announcements about this in advance of the pre-trial hearing," a spokesman stated.

Brech came into the picture last year after a major DNA investigation and has been detained since the end of August last year. According to the Public Prosecutor's Office, this is a '100 percent DNA hit'.


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Advocaat Jos B.: alleen dna-sporen onvoldoende bewijs

Lawyer Jos B.: solely dna traces insufficient evidence

Lawyer Gerald Roethof accuses the public prosecutor in Limburg of the "erosion of fundamental rights" of Jos B., the man who is suspected of having abused and killed 11-year-old Nicky Verstappen.

According to the counsel, the Public Prosecution Service is mainly "overenthusiastic" about gathering evidence against his client, instead of seeking the truth. For example, the Public Prosecutor has a witness who did not want to testify, and has put a lot of pressure on B.'s former GP, he says. The Public Prosecutor would have called the family doctor several times, and sent agents to persuade him to break his non-disclosure obligations. Roethof: "I've seen people convicted of less for stalking."

Justice tried to persuade the GP because during the investigation of his mental faculties in the Pieter Baan Centre Jos B. told that he was once treated at the Riagg, where he learned to "get his tendencies under control". He was referring to his sexual interest in young boys. However, he did not give the Riagg and his former general practitioner permission to give information about his treatment to the Justice Department.

The prosecutors deny that they exerted undue pressure. They say they have done no more than use legally permissible means to gather evidence and find the truth.

Roethof sees in their attempts "need of proof ". Hard evidence against Jos B. is still missing, says the lawyer. In March two more women have to be heard as witnesses, who say that around the time in August 1998 that Nicky Verstappen disappeared from the summer camp on the Brunssummerheide, they saw a man cycling who looked like Jos B. He had a boy on the back of his bike with bare upper body, bare feet and red pyjama pants.

Peter R. de Vries, who assists the family Verstappen, told the police that as far as he remembers no witness came forward in 1998 who had recognized Jos B. as the cyclist with a boy on the back. Roethof thinks it is unlikely that the women will suddenly remember that twenty years later.

The lawyer pointed out again that although his client's dna was found on Nicky's underpants, it was not found in places on the body where you would find dna if there had been sexual abuse. Also, no dna of Jos B. was found around the child's mouth. According to him, that means that the scenario from the OM that Jos B. smothered Nicky is not likely either.

At the same time, in Roethof's eyes, the Public Prosecution wrongfully denounces Jos B.'s use of his right to remain silent. "Fundamental rights are being eroded and that's what worries me." Also today, Jos B. refused to make a statement. When asked by the court if he would be willing to answer questions during the substantive treatment, a visibly thinner Jos B. said that he would do so "if I can".

Nicky Verstappen's parents and sister will exercise their right to speak during the substantive hearing on 6, 7, 8, 11 and 13 May. Until then Jos B. will stay behind bars.


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Zaak-Nicky Verstappen vertraagd tot najaar door coronacrisis

The criminal trial of Jos Brech has been postponed until the autumn because of the corona crisis. The 57-year-old from Simpelveld is suspected of killing, abusing and kidnapping Nicky Verstappen from Heibloem in 1998.


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Brech haalt bakzeil en blijft vastzitten voor dood Nicky Verstappen

For the time being Jos Brech (57), suspected of abusing and killing Nicky Verstappen, will remain in his cell in Vught. The suspect from Simpelveld asked the judge on Wednesday in vain for his release.

Brech has been remanded in custody for over a year and a half, but will probably remain in his cell until the substantive treatment in September and October.

That substantive treatment was supposed to start Wednesday morning, but the coronavirus threw a spanner in the works. On 28 and 29 September and 5, 7, 8, 12 and 16 October, the case will restart. During the first two days the case will be discussed in detail and Nicky's mother and sister will get a chance to speak.

Before that time, Brech will appear in court one more time, probably at the end of July, because the legality of his detention will have to be reviewed every three months. In the meantime, two possible witnesses and an expert have to be heard. These interviews were planned earlier, but the corona crisis got in the way.

Gerald Roethof, Brech's lawyer, wants extra forensic investigations. Various traces were found on Nicky's clothing and body in 1998. Research is still being done on four more tracks; that dna is being compared to that of his family and children with whom he was sleeping in a tent during a youth camp on Brunssummerheide. However, Roethof also wants these four tracks to be compared with men who were previously suspected in the Verstappen case.

Justice claims that there is no reason for such an extra investigation. The Forensic Laboratory in Leiden reviewed the traces and reported on them; according to the Ministry of Justice, that report also gave no indication that important traces had been overlooked. "In the meantime we have reached the point where we can say: we have done all," prosecutor Dave Mattheijs says.

According to Roethof, his client should have been released Wednesday, if only for the time being. "If he doesn't get out now, he'll be detained for two years. Two years! And that while his guilt can't be proven at all. There's too much doubt in this case, doubt that hasn't been dispelled. Something must be done now." Justice successfully resisted the release. "This man is in danger of fleeing and there are enough serious objections."

The judge goes along with that. "There are no compelling reasons to let Mr. go home. Nor is corona a reason; that situation is not unique to your case. We see sufficient grounds, including flight risk, to reject your lawyer's request."


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