Madeleine McCann: German Prisoner Identified as Suspect, #39

[Anxala]

What’s stopping CB instructing his lawyer to say this?

The onus is on the prosecution to make its case and charge. Until such time, there's no need for the defence to say or do anything, regardless of how they might view the path this investigation has taken.

In their shoes, 3 years and counting, with so little to show for it, I'd imagine they don't feel the need to say or do anything.

 

[Davieson]

The onus is on the prosecution to make its case and charge. Until such time, no need for the defence to say or do anything.

Absolutely. How can you put forward a defence until you know what it is that has to be defended ?

 

[Mex]

The onus is on the prosecution to make its case and charge. Until such time, there's no need for the defence to say or do anything, regardless of how they might view the path this investigation has taken.

In their shoes, 3 years and counting, with so little to show for it, I'd imagine they don't feel the need to say or do anything.

With respect I think it may be possible that you are misunderstanding the tactics being used by CB's team of lawyers who seem to be maintaining a bullish line in Germany but one which is underreported in English speaking tabloids.
They are not feeling the need to do or say nothing but are vociferous in attacking the State Prosecutors' Office as follows
Snip
One could assume, according to the defense lawyer, "that the MM case could develop into Hitler's diaries for the prosecution."

"Indictment of the public prosecutor's office"
Criminal defense lawyer JS, who represents CB. together with FF, even speaks in a "Zeit" podcast of an "indictment of the public prosecutor's office".
It would give the impression that an indictment in the MM case was imminent.
At the same time, it "shies away from making it possible to deal with the alleged suspicion in the prelimina, as it explains to ntv.de.
For the defense attorney JS, this is difficult to understand in this particular case, especially because of the high media presence.
There is "a certain disproportion," he told Die Zeit. And "between the withholding of the files on the one hand and the offensive media policy of the public prosecutor's office on the other".

Staatsanwalt: Anklage im Fall Maddie "ist nicht absehbar"

Die Staatsanwaltschaft Braunschweig ist sich absolut sicher, den Verantwortlichen für das Verschwinden der kleinen Madeleine McCann gefunden zuhaben. Seit mittlerweile drei Jahren plädiert sie auf Christian B. als Täter - allerdings ohne dessen Schuld zu beweisen.

www.n-tv.de

 

[mrjitty]

The NTV article is actually quite a thoughtful article and worth translating via google if you are not a German speaker

Defence Attorney Schwenn makes the point that the prosecutors made such serious allegations as if charges were imminent and they had the goods, but then because charges never appeared, the defence don't get access to the case which is a kind of a constitutional gap - a kafka situation whereby the prosecutor can say you are a killer but not charge you and thus not have to be accountable for the evidence.

The reference to The Hitler Diaries is to the fiasco where Stern staked it's reputation on source material of dubious import. The analogy to this case is the potential weakness of the confession evidence that allegedly opened this investigation.

The thrust is that Braunschweig is still seeking the evidence to justify charges, which calls into question why they made such big claims in 2020/21

IMO this is one of the best pieces on the case to date.

 

[mrjitty]

The onus is on the prosecution to make its case and charge. Until such time, there's no need for the defence to say or do anything, regardless of how they might view the path this investigation has taken.

In their shoes, 3 years and counting, with so little to show for it, I'd imagine they don't feel the need to say or do anything.

As fate should have it, the body finally turned up in the morphew case after 3 years - totally by chance

So these things do happen

I suspect it is the only way the case is resolved.

 

[Mex]

The NTV article is actually quite a thoughtful article and worth translating via google if you are not a German speaker

Defence Attorney Schwenn makes the point that the prosecutors made such serious allegations as if charges were imminent and they had the goods, but then because charges never appeared, the defence don't get access to the case which is a kind of a constitutional gap - a kafka situation whereby the prosecutor can say you are a killer but not charge you and thus not have to be accountable for the evidence.

The reference to The Hitler Diaries is to the fiasco where Stern staked it's reputation on source material of dubious import. The analogy to this case is the potential weakness of the confession evidence that allegedly opened this investigation.

The thrust is that Braunschweig is still seeking the evidence to justify charges, which calls into question why they made such big claims in 2020/21

IMO this is one of the best pieces on the case to date.

A demonstration of the usefulness of the sometimes derided C&P for rounding out and introducing informative information to the discussion.

Did you follow the link to the full article?

I think it of interest that HCW is quoted with regard to the chain of evidence
Snip
Prosecutor HCW has already made it clear to ntv.de: "A conclusion to the investigation is not foreseeable." end quote

Which according to ntv at 28/05/2023 "Investigators are in a predicament".

An opinion to which I subscribe to a degree when one takes into consideration the sheer volume and complexity of the investigation and bearing in mind the time which has elapsed since MM's abduction.

The investigation continued into MM's case during the deflection of the jurisdiction issue. CB has two years of his rape sentence to complete before he has the freedom to resume his career doing whatever it is he does.
As long as there is an active case to be followed the BKA will do just that ... into the foreseeable future. Which at the moment might involve a short or long detour around other cases CB's legal team have an interest in on his behalf.

My opinion

 

[Denis R Tandib]

A demonstration of the usefulness of the sometimes derided C&P for rounding out and introducing informative information to the discussion.

Did you follow the link to the full article?

I think it of interest that HCW is quoted with regard to the chain of evidence
Snip
Prosecutor HCW has already made it clear to ntv.de: "A conclusion to the investigation is not foreseeable." end quote

Which according to ntv at 28/05/2023 "Investigators are in a predicament".

An opinion to which I subscribe when one takes into consideration the sheer volume and complexity of the investigation and bearing in mind the time which has elapsed since MM's abduction.

The investigation continued into MM's case during the deflection of the jurisdiction issue. CB has two years of his rape sentence to complete before he has the freedom to resume his career doing whatever it is he does.
As long as there is an active case to be followed the BKA will do just that ... into the foreseeable future. Which at the moment might involve a short or long detour around other cases CB's legal team have an interest in on his behalf.

My opinion

The article makes it clear that JS and FF feel that HCW’s media strategy is severely at odds with the progress of the case.

Several people following the case and contributing to the forum, myself included feel the same and I don’t think the article has changed anyone’s opinion.

 

[mrjitty]

The point the NTV article poses is why did Braunschweig make such huge claims up front if they didn't have the evidence to back it up.

The article makes it clear that JS and FF feel that HCW’s media strategy is severely at odds with the progress of the case.

Several people following the case and contributing to the forum, myself included feel the same and I don’t think the article has changed anyone’s opinion.

Right

Why did he make such big claims if he didn’t have the evidence

 

[Davieson]

The article makes it clear that JS and FF feel that HCW’s media strategy is severely at odds with the progress of the case.

Several people following the case and contributing to the forum, myself included feel the same and I don’t think the article has changed anyone’s opinion.

I agree, but it is nice to see an article that sticks to the facts and isn't the padded out puff piece that we usually get

 

[Mex]

I agree, but it is nice to see an article that sticks to the facts and isn't the padded out puff piece that we usually get

I agree that it is a balanced and relatively informative article. What must be borne in mind is that the prosecution service is limited in what can be said in an active investigation while the defence team have carte blanche and appear to be filling it in using colourful language.
My opinion

 

[Mex]

The point the NTV article poses is why did Braunschweig make such huge claims up front if they didn't have the evidence to back it up.


Right

Why did he make such big claims if he didn’t have the evidence

If there is no evidence against CB in MM's case why do you think he is under suspicion of being the prime suspect in her murder?

 

[mrjitty]

If there is no evidence against CB in MM's case why do you think he is under suspicion of being the prime suspect in her murder?

The article doesn't say there is no evidence.

 

[mrjitty]

I agree, but it is nice to see an article that sticks to the facts and isn't the padded out puff piece that we usually get

Right - actually thoughtful for once.

 

[Mex]

The article doesn't say there is no evidence.

Indeed.
And on the contrary it does mention the existence of such evidence and its relevance to whether or not the criteria for indictment will be met by it.

 

[Davieson]

I agree that it is a balanced and relatively informative article. What must be borne in mind is that the prosecution service is limited in what can be said in an active investigation while the defence team have carte blanche and appear to be filling it in using colourful language.
My opinion

That doesn't seem to have inhibited Wolters giving countless interviews for journalists and documentary makers.

 

[mrjitty]

I did worry back in 2020 that Braunschweig had waded into the middle of a media nightmare. As the article suggests, I believed they must have had something big, and were likely to lay charges before long. Especially seeing how aggressive they were.

It's perplexing that since '21 the tone is much less bullish

I do wonder if they were relying on something that has not panned out. But however you look at it, it's an uncomfortable place to land.

 

[RichardKimble]

Clearly from the article which is dated May, HCW knows from the evidence held, no indictment is to be expected any time soon.


Prosecutor Wolters has already made it clear to ntv.de: “It is not foreseeable that the investigation will be concluded.”

 

[Davieson]

Clearly from the article which is dated May, HCW knows from the evidence held, no indictment is to be expected any time soon.


Prosecutor Wolters has already made it clear to ntv.de: “It is not foreseeable that the investigation will be concluded.”

As I recall, back in 2020 it was going to be all over by Christmas.

IMO they totally misjudged the value of their evidence, but as he's the only suspect they've got, they wish to hang onto him as long as they can.
Ultimately they'll run out of leads to investigate and they'll need to charge or accept defeat.

 

[Mex]

That doesn't seem to have inhibited Wolters giving countless interviews for journalists and documentary makers.

There is a record posted on this thread of his official function of Press Officer.

By no means is CB and his cases the only issues he has to deal with during his working day.

 

[Anxala]

The NTV article is actually quite a thoughtful article and worth translating via google if you are not a German speaker

Defence Attorney Schwenn makes the point that the prosecutors made such serious allegations as if charges were imminent and they had the goods, but then because charges never appeared, the defence don't get access to the case which is a kind of a constitutional gap - a kafka situation whereby the prosecutor can say you are a killer but not charge you and thus not have to be accountable for the evidence.

The reference to The Hitler Diaries is to the fiasco where Stern staked it's reputation on source material of dubious import. The analogy to this case is the potential weakness of the confession evidence that allegedly opened this investigation.

The thrust is that Braunschweig is still seeking the evidence to justify charges, which calls into question why they made such big claims in 2020/21

IMO this is one of the best pieces on the case to date.

A very good and insightful read and one that sticks to the pertinent facts of the case here now in Oct 2023. Proper reporting! Very interesting to hear from Schwenn and FF.

The more we hear from HCW and the reality of where the investigation is right now, the more I'm starting to believe that he seriously jumped the gun back in 2020 on the basis of something 'precarious'... something maybe along the lines of CB's own (Das Buch/s) writings. Just a thought (but it does appear, based on what Amaral said in his book, that they were being taken seriously). Not on its own, of course, but the combo of what he believed he had must have included something that he regarded as an icing on the cake 'gotcha' that turned out not to be the gotcha that he thought it was.

If it had been a gotcha, it would still be one. A chargeable one.

What does that leave in compelling evidence terms that failed to deliver? I'm out of ideas.