Germany/Portugal - Christian Brueckner, 27 @ time of 1st crime (2004), charged with sexual assault crimes, Praia de Rocha, Portugal. #2

[RichardKimble]

This thing about 'armed police', aren't German police, like most continental police forces, routinely armed ?

More importantly HCW denies it took place or has no knowledge of it.

 

[Denis R Tandib]

That is very interesting ! CB had saved such texts in his email?!?! And the search was not illegal it appears! Also he boasted to a cell mate about the rapes? Very enlightening article for a change

I think the fact they have his emails for goodness knows how long could be an insight into the prosecution’s evidence. This could be very incriminating.

I don’t think it’s confirmed that the search was legal. In fact, they have confirmed that the search was done without a warrant. It is up to the judge to decide if the accidental finding of the USBs allows them to be used as evidence. I think this is shaky ground For the prosecution.

Unless the cell mate’s evidence was collected prior to the DM trial and details the crimes in detail matching the DM rape, I doubt its usefulness.

It’s interesting that FF wanted to question the expert who matched CB’s DNA to the hair found in DM’s house. As I’ve mentioned before, everything hangs on that one hair for these rape trials. If FF can can cast doubt on it, the prosecution are in trouble.

 

[RichardKimble]

I think the fact they have his emails for goodness knows how long could be an insight into the prosecution’s evidence. This could be very incriminating.

I don’t think it’s confirmed that the search was legal. In fact, they have confirmed that the search was done without a warrant. It is up to the judge to decide if the accidental finding of the USBs allows them to be used as evidence. I think this is shaky ground For the prosecution.

Unless the cell mate’s evidence was collected prior to the DM trial and details the crimes in detail matching the DM rape, I doubt its usefulness.

It’s interesting that FF wanted to question the expert who matched CB’s DNA to the hair found in DM’s house.one hair for these rape trials. If FF can can cast doubt on it, the prosecution are in trouble.

The defence are questioning how a file was created after seizure not it's content, these files seem of some importance for both the prosecution and defence.

 

[Davieson]

The defence are questioning how a file was created after seizure not it's content, these files seem of some importance for both the prosecution and defence.

I did raise the point about the importance of date of creation/modification of these files a week or so ago.
Perhaps the defence has been reading my posts

 

[Mex]

I think the fact they have his emails for goodness knows how long could be an insight into the prosecution’s evidence. This could be very incriminating.

I don’t think it’s confirmed that the search was legal. In fact, they have confirmed that the search was done without a warrant. It is up to the judge to decide if the accidental finding of the USBs allows them to be used as evidence. I think this is shaky ground For the prosecution.

Unless the cell mate’s evidence was collected prior to the DM trial and details the crimes in detail matching the DM rape, I doubt its usefulness.

It’s interesting that FF wanted to question the expert who matched CB’s DNA to the hair found in DM’s house. As I’ve mentioned before, everything hangs on that one hair for these rape trials. If FF can can cast doubt on it, the prosecution are in trouble.

Puzzling as to why the DM trial is being discussed at this trial involving five other serious sexual assaults.

There is an appeals procedure in Germany. It was not used to raise the points which are being raised now.

Surely more than a little outrageous to attempt to rectify 2019 defence errors in the trial and subsequent appeal. Bearing in mind these five new charges are a totally new ball game.
My opinion

 

[Davieson]

Puzzling as to why the DM trial is being discussed at this trial involving five other serious sexual assaults.

There is an appeals procedure in Germany. It was not used to raise the points which are being raised now.

Surely more than a little outrageous to attempt to rectify 2019 defence errors in the trial and subsequent appeal. Bearing in mind these five new charges are a totally new ball game.
My opinion

I agree, but I think that if the defence can raise doubts about the validity of evidence in the previous rape trial, then the judges may be more cautious in taking this past conviction into account when judging the current ones.

 

[RichardKimble]

I agree, but I think that if the defence can raise doubts about the validity of evidence in the previous rape trial, then the judges may be more cautious in taking this past conviction into account when judging the current ones.

Agreed, if there's doubt CB was the culprit on the DM case then with the same alleged mo of filming and beating is also in doubt on the others.The defence job is to not to accept anything but to challenge everything.

 

[RichardKimble]

Were the headlines of a few days ago about Post destroying 80 tapes repeated in court, to be expected the msm aren't interested in the mundane of the court but salacious headlines.

 

[Davieson]

Were the headlines of a few days ago about Post destroying 80 tapes repeated in court, to be expected the msm aren't interested in the mundane of the court but salacious headlines.

People read this tabloid tosh and believe it as gospel.
Fortunately the judges are only ones who count and they will not be as gullible.

 

[RichardKimble]

People read this tabloid tosh and believe it as gospel.
Fortunately the judges are only ones who count and they will not be as gullible.

The 80 tapes and non existent storming highlights one particular authors shortcomings.imo

 

[Vern]

The defence are questioning how a file was created after seizure not it's content, these files seem of some importance for both the prosecution and defence.

I think that what is going on is that the Defence is questionning why the USB stick was seized but then it took the authorities days to create a file as to what (evidence/files) was found on it.

IE: "They had the stick and after 4 days a file was created."

Seems nefarious when it actually isn't. I don't think a "new" file was created on the actual USB stick itself. JMO.

 

[RichardKimble]

I think that what is going on is that the Defence is questionning why the USB stick was seized but then it took the authorities days to create a file as to what (evidence/files) was found on it.

IE: "They had the stick and after 4 days a file was created."

Seems nefarious when it actually isn't. I don't think a "new" file was created on the actual USB stick itself. JMO.

A lot is being lost in translation imo.

 

[Vern]

A lot is being lost in translation imo.

Absolutely it is. Translation Apps have that issue ... they don't translate how people actually speak on a day-to-day street level basis which often changes the entire meaning and context. It's usually pretty obvious when an app has been used to form a text or story rather than an actual certified human translator who understands nuance and context. I can tell you our military translators aren't going anywhere anytime soon - they have great job security.

 

[Davieson]

A lot is being lost in translation imo.

Yes, like the 80 tapes that were discs, mostly downloaded from the internet. I doubt CB would have had the technology to transfer analogue tape to digital disc in 2005, so its unlikely that his home movies would have been on those.
IMO

 

[Mex]

I agree, but I think that if the defence can raise doubts about the validity of evidence in the previous rape trial, then the judges may be more cautious in taking this past conviction into account when judging the current ones.

Why would the evidence from the previous stand alone aggravated rape trial have any bearing on the aggravated rape perpetrated on the young woman which was a stand alone case in a different time and location; why would DM's ordeal be revisited in the stand alone aggravated rape perpetrated on the older woman?

These are three separate rapes and three separate charges. It is inappropriate for the defence having botched the evidence in one instance to attempt a retrial dispensing with the necessity of another legitimately appointed appeal process.
I doubt the court will allow such a backdoor ploy.

My opinion

 

[RichardKimble]

Yes, like the 80 tapes that were discs, mostly downloaded from the internet. I doubt CB would have had the technology to transfer analogue tape to digital disc in 2005, so its unlikely that his home movies would have been on those.
IMO

Agreed, way back in the 90s and 2000's we had a video recorder, transferred them to VHS tapes, only recently finding a company that digitised them so we could download them to hard drives.

 

[Davieson]

Why would the evidence from the previous stand alone aggravated rape trial have any bearing on the aggravated rape perpetrated on the young woman which was a stand alone case in a different time and location; why would DM's ordeal be revisited in the stand alone aggravated rape perpetrated on the older woman?

These are three separate rapes and three separate charges. It is inappropriate for the defence having botched the evidence in one instance to attempt a retrial dispensing with the necessity of another legitimately appointed appeal process.
I doubt the court will allow such a backdoor ploy.

My opinion

I was explaining what I thought the defence was trying to achieve by their actions.
I wouldn't like to hazard a guess on outcome, which is unimportant to me anyway, so shall simply wait and see what transpires

 

[Mex]

Yes, like the 80 tapes that were discs, mostly downloaded from the internet. I doubt CB would have had the technology to transfer analogue tape to digital disc in 2005, so its unlikely that his home movies would have been on those.
IMO

I "remember" transferring analogue video tape to DVD in a work situation pre circa 2005.

At that time it was pretty basic and nothing like future editing suites became.

But memory being fallible, I checked it out and the technology was there in 2005. Anyone with an interest in producing and distributing video content as CB appears to have been would have gained access to whatever was relevant state of the art technology. Particularly if there was money to be made from it.


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[Anxala]

The 80 tapes and non existent storming highlights one particular authors shortcomings.imo

Grifters will grift. It's what they do. MM is his livelihood. He'll be there to the bitter end, claiming original ownership of whatever the outcome is, regardless of what it is and regardless of how greviously it contradicts everything he's ever said in the past.

What a sad old sack of a way to make a living.

 

[Anxala]

All I've got to say at this stage is roll on April/May when this trial hopefully will take on a much more cohesive and coherent narrative. It can't come soon enough.