Madeleine McCann: German Prisoner Identified as Suspect, #37

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  • #821
And prosecuting cases based on that evidence when the alleged victims aren't even identified is almost like the plot of a dystopian sci-fi movie. Imo. It's well o_O
 
  • #822
More from Bild:

“"The testimony of the witness raises a lot of questions that reinforce me in the assumption that these videos are fictitious," says Kiel star lawyer Dr. Friedrich Fülscher (39). "First of all, there are constancy breaks to previous statements. On the other hand, there are also considerable contradictions to statements by the witness Manfred S. According to the court that condemned Mr. Brückner, he is said to have seen other sequences than Helge B. According to the current description of Helge B., this would not be possible in fact."

I’m not sure if my thought on this is entirely logical, but I do find it very interesting that FF is seemingly very assured, yet didn’t raise it when appealing CB’s rape conviction. He didn’t fight the evidence, which included their testimonies, he went for a technicality. There seems to be a disconnect between what FF says & what FF does. IMO a defence so focussed on technicalities speaks volumes about the person they’re defending.
 
  • #823
I wonder how he explains the fact that a hair of his client was found in the rape victim's bed - without the "fictitious" video evidence his client would most likely never have been matched to the hair. Just a massive coincidence or does he believe that the Germans are out to frame him for this crime by planting evidence?
I haven’t seen him go that far yet, however the nonsensical theories about the hair have amplified in tune with the MM case. IMO some find it hard to acknowledge & accept the credibility & past successes of the LEA they want to fail. A neighbourhood cat bringing a non-preferential sex offender’s hair into the bed of the rape victim is one of the weakest defence arguments I’ve ever seen.
 
  • #824
And prosecuting cases based on that evidence when the alleged victims aren't even identified is almost like the plot of a dystopian sci-fi movie. Imo. It's well o_O
Evidently they have enough to warrant charges though! A German judge won’t sentence somebody for life (preventative order) if they aren’t presented with evidence that the accused comitted the crimes. A German prosecutor won’t put somebody in front of a judge if they didn’t think the prospect of a conviction outweighed the prospect of a aqcuittal. Therefore (IMO) judging by their actions it seems pretty obvious that they’ll have evidence far beyond what some speculate they have. Because if the didn’t they wouldn’t have charged. They can have incriminating evidence without identifying the victims.
 
  • #825
One of CB's acquaintances said he took older women out and about at times. Perhaps giglio was one of his roles? Lonely older women can and do convince themselves that relationships with younger men are love affairs when they are not. Depending on the amount of self-delusion the woman practiced and the amount of humilation it caused when she had to face the truth a report of being raped is not out of the question imo.
 
  • #826
I’m not sure if my thought on this is entirely logical, but I do find it very interesting that FF is seemingly very assured, yet didn’t raise it when appealing CB’s rape conviction. He didn’t fight the evidence, which included their testimonies, he went for a technicality. There seems to be a disconnect between what FF says & what FF does. IMO a defence so focussed on technicalities speaks volumes about the person they’re defending.
FF wasn't CB's lawyer when the appeal was lodged. The lawyers Jan-Christian Hochmann and David Volke were acting for CB until they resigned their mandate on 10th June 2020. FF/JS took over on 11th June.
The appeal could have been lodged on a point of law or the facts of the case + point of law. The lawyers at the time must have recommended the singular option.
 
  • #827
I’m not sure if my thought on this is entirely logical, but I do find it very interesting that FF is seemingly very assured, yet didn’t raise it when appealing CB’s rape conviction. He didn’t fight the evidence, which included their testimonies, he went for a technicality. There seems to be a disconnect between what FF says & what FF does. IMO a defence so focussed on technicalities speaks volumes about the person they’re defending.
He wasn’t representing CB in the DM case.
 
  • #828
Like any other lawyer he'll probably think it doesn't require deliberate planting/tampering, mistakes can be made - and are made - unintentionally. In one of the interviews he says many other forensic tests were done and none of those showed a link to CB.

He's a lawyer, you wouldn't expect him to just sit back, sigh and say "ok, it's a fair cop" would you.
IMO after seeing and hearing him on Sexta às 9, I didn't even get good impression on his confidence and trust in CB. Maybe is him, FF, who will need some creativity (don't think he has) to plant some facts in CB's defense. Better for them that charge doesn't come.
 
  • #829
Do we know he was an unknown stranger ?
If he claimed to have an intimate acquaintance with her cat, he presumably had visited before.
LOL This is closed. Process, sentenced. IMO so obvious, so naive on CB's desperate pathetic cat story.
 
  • #830
I’m not sure if my thought on this is entirely logical, but I do find it very interesting that FF is seemingly very assured, yet didn’t raise it when appealing CB’s rape conviction. He didn’t fight the evidence, which included their testimonies, he went for a technicality. There seems to be a disconnect between what FF says & what FF does. IMO a defence so focussed on technicalities speaks volumes about the person they’re defending.
Again, my thoughts too. I've commented above on their pseudo-relationship. IMO no matter how much he tries to make some noise, he is diminished by the type of client he represents and the relationship he does (not) have with him. And as you said, limited, he goes for technicalities.
 
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  • #831
Again, my thoughts too. I've commented above on their pseudo-relationship. IMO no matter how much he tries to make some noise, he is diminished by the type of client he represents and the relationship he does (not) have with him. And as you said, limited, he goes for technicalities.
It is obviously FF’s job to cast doubt on the prosecutions evidence.

People seem to be mistaking what he is saying in the quote from Bild that I shared up thread. He isn’t denying that both DM and HB were brutally raped, he is questioning whether CB committed those rapes. His reason for this is the inconsistency of statements between Helga B and MD and their credibility as witnesses. He’s doing his job - quite effectively IMO.

There is reference made from @Consider Dudley as to why FF hasn’t appealed the DM conviction. This is a a completely incorrect assertion because he has filed an appeal - see below. No doubt, he is developing a strategy to overcome the DNA/hair evidence and we are yet to see if that will be successful, won’t be easy but perhaps he can do it.

IMO, there is a lot more to CB’s status as a suspect for MM disappearance and perhaps some of the other crimes and nothing should be taken as certain based on the prosecutors words.

“But Brueckner recently had his thighs examined in a bid to reveal that he does not have a marking like this on this part of his body.”

The 'new facts' rest on the result of an 'operative case analysis', by Germany's version of the FBI, the Federal Criminal Police Office (BKA), which indicated that both rapes were committed by the same attacker, Fuelscher claims.

He argues that since Bruckner does not have a scar on his thigh, it would mean he is not only innocent of the 2004 rape of Ms Behan, but he also cannot be the person who raped the US national in 2005 for which he is currently in jail.

“Fuelscher has now filed an application to the Braunschweig Regional Court to reopen the 2005 rape case which took place in Portugal.”
 
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  • #832
This is starting to discuss some aspects of CB as the abductor, not only murderer. No real direct quotes though.

 
  • #833
It is obviously FF’s job to cast doubt on the prosecutions evidence.

People seem to be mistaking what he is saying in the quote from Bild that I shared up thread. He isn’t denying that both DM and HB were brutally raped, he is questioning whether CB committed those rapes. His reason for this is the inconsistency of statements between Helga B and MD and their credibility as witnesses. He’s doing his job - quite effectively IMO.

There is reference made from @Consider Dudley as to why FF hasn’t appealed the DM conviction. This is a a completely incorrect assertion because he has filed an appeal - see below. No doubt, he is developing a strategy to overcome the DNA/hair evidence and we are yet to see if that will be successful, won’t be easy but perhaps he can do it.

IMO, there is a lot more to CB’s status as a suspect for MM disappearance and perhaps some of the other crimes and nothing should be taken as certain based on the prosecutors words.

“But Brueckner recently had his thighs examined in a bid to reveal that he does not have a marking like this on this part of his body.”

The 'new facts' rest on the result of an 'operative case analysis', by Germany's version of the FBI, the Federal Criminal Police Office (BKA), which indicated that both rapes were committed by the same attacker, Fuelscher claims.

He argues that since Bruckner does not have a scar on his thigh, it would mean he is not only innocent of the 2004 rape of Ms Behan, but he also cannot be the person who raped the US national in 2005 for which he is currently in jail.

“Fuelscher has now filed an application to the Braunschweig Regional Court to reopen the 2005 rape case which took place in Portugal.”
I look forward to clarity in the courtroom on that one, Denis. HazelB is on record as describing ‘a pull in the tights, a birthmark or a tattoo’. (BBM).

Given the manner of her attack (tied face down to a breakfast bar for most of it) imo she had limited scope to confirm exactly what that distinctive mark was. But in her own words, she listed three possibilities in lieu of confirmation.

Yet FF has peddled the ‘no body mark/no case’ defence in the media trial more than once. Which is somewhat facetious and probably optimistic imo.

A snag in a leotard, especially after a scuffle (which she said there was, as her assailant dragged her from her bed to the kitchen) a is feasible scenario in my mind.

Of course it also carries zero weight for identifying the perpetrator. I don’t think it will serve either the prosecution or the defence. Just my thinking.
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  • #834
This is starting to discuss some aspects of CB as the abductor, not only murderer. No real direct quotes though.

I’d forgotten about the paint thinner. I’m sure it’ll have been discussed many threads ago in relation to his mechanic jobs and of course, the open window? (dispersal of fumes). Jmo
 
  • #835
I look forward to clarity in the courtroom on that one, Denis. HazelB is on record as describing ‘a pull in the tights, a birthmark or a tattoo’. (BBM).

Given the manner of her attack (tied face down to a breakfast bar for most of it) imo she had limited scope to confirm exactly what that distinctive mark was. But in her own words, she listed three possibilities in lieu of confirmation.

Yet FF has peddled the ‘no body mark/no case’ defence in the media trial more than once. Which is somewhat facetious and probably optimistic imo.

A snag in a leotard, especially after a scuffle (which she said there was, as her assailant dragged her from her bed to the kitchen) a is feasible scenario in my mind.

Of course it also carries zero weight for identifying the perpetrator. I don’t think it will serve either the prosecution or the defence. Just my thinking.
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If it get’s to court.

We should remember that FF has reviewed the evidence in the five cases. His comments in the media will be strategic and we can only guess why he is making such comments. What you consider facetious/optimistic is probably, IMO, the thin end of the wedge on a complete defence strategy. I find it somewhat puzzling that we are consistently asked to give the public prosecutor the benefit of the doubt on his evidence and strategy i.e. ‘they must have evidence’ but the same benefit is not extended to the, no doubt very highly paid, best criminal defence team in the country. If we are to look at the performance of each so far, FF and JS are more successful than HCW and team.

Regarding the emboldened piece, how can HB claim the her attacker had “piercing blue eyes” yet not be able to distinguish the mark on her attackers leg. If she had limited scope from the position you mention, how can she be certain of eye colour in that position? You can’t have it both ways, using one physical feature to implicate her attacker but not another if it exonerates him.

Perhaps I’m way off with this prior point but it seems logical for CB’s defence to question such claims if raised in court.
 
  • #836
IMO FF is like HCW ,in this case the voice of the defence ,meanwhile the real work goes on behind the scenes but is giving an insight to their line of possible thinking.
 
  • #837
If it get’s to court.

We should remember that FF has reviewed the evidence in the five cases. His comments in the media will be strategic and we can only guess why he is making such comments. What you consider facetious/optimistic is probably, IMO, the thin end of the wedge on a complete defence strategy. I find it somewhat puzzling that we are consistently asked to give the public prosecutor the benefit of the doubt on his evidence and strategy i.e. ‘they must have evidence’ but the same benefit is not extended to the, no doubt very highly paid, best criminal defence team in the country. If we are to look at the performance of each so far, FF and JS are more successful than HCW and team.

Regarding the emboldened piece, how can HB claim the her attacker had “piercing blue eyes” yet not be able to distinguish the mark on her attackers leg. If she had limited scope from the position you mention, how can she be certain of eye colour in that position? You can’t have it both ways, using one physical feature to implicate her attacker but not another if it exonerates him.

Perhaps I’m way off with this prior point but it seems logical for CB’s defence to question such claims if raised in court.
Yes, I agree that media comments by prosecution and defence are strategic. I still find it bizarre that they are conducted outside the trial. In the media. I should add the suspect to my recent post about prosecutor, defence and witnesses courting the media.

Anyway, regarding the distinguishing mark. HazelB comes across in her interviews as an observant person. She noted the degree of planning, and the high level of forensic cleanliness of her attacker. From the getgo she said IIRC that she was “going to figure him out.”

She noted the rapist’s eye colour and blonde eyebrows, she sussed his Germanic accent. She described the torture weapons.

Re the eyes, this is my own opinion. Piercing blue eyes, electric blue eyes always stand out for me, whether it’s someone in person or on screen. Partly because they’re not as common as blue-grey or brown eyes. They are distinct and they jump out at you. Same as Titian hair. My thoughts.

HazelB said the rapist had piercing blue eyes and I still think only a moment would be needed to clock that. Whereas a mark - is that beneath the leotard? Is it a tattoo? What is the tattoo of? Maybe it’s a birthmark or a scar? Etc. Processing required, imo, whereas colour recognition is pretty instant.

I have no doubt it’ll be raised in court, if and when it gets there.

By the by, and nothing to do with HazelB, but I have often wondered if CB has a slight squint. He certainly has what could be described as a piercing state imo.
 
  • #838
IMO after seeing and hearing him on Sexta às 9, I didn't even get good impression on his confidence and trust in CB. Maybe is him, FF, who will need some creativity (don't think he has) to plant some facts in CB's defense. Better for them that charge doesn't come.
This is partly what I meant with FF’s public statements. I feel that some are cautionary to the prosecution i.e. if they go a certain route, he will tie them up with questions and detail - just my thinking. No charge would be the best possible outcome for the defence so he’ll be doing whatever he can to try to get this outcome.
 
  • #839
I haven’t seen him go that far yet, however the nonsensical theories about the hair have amplified in tune with the MM case. IMO some find it hard to acknowledge & accept the credibility & past successes of the LEA they want to fail. A neighbourhood cat bringing a non-preferential sex offender’s hair into the bed of the rape victim is one of the weakest defence arguments I’ve ever seen.
Worth a try if that's all you've got.
 
  • #840
One of CB's acquaintances said he took older women out and about at times. Perhaps giglio was one of his roles? Lonely older women can and do convince themselves that relationships with younger men are love affairs when they are not. Depending on the amount of self-delusion the woman practiced and the amount of humilation it caused when she had to face the truth a report of being raped is not out of the question imo.
Why would she report a rape in such a circumstance but in the next breath be unwilling to name her attacker or offer any clues as to his identity?
 
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