A 35-year-old man from Rhineland-Palatinate, is accused of murdering his two-month-old daughter, dangerous bodily harm and hostage-taking. In may 2016, the 35-Year-old in custody in the prison is located in Frankenthal. Now, however, he will be dismissed before the sentencing. The reason is the delays in his trial. The Federal constitutional court saw his fundamental right to freedom of the Person injured. the Anna Ernst Anna Ernst
Anna Ernst (Born in 1989) writes for the Süddeutsche Zeitung to happen at the Newsdesk over the current days. Already in parallel to the study of history in Bochum, she has worked as a freelance journalist, including stations in the WAZ-research team and ZDFzoom. After the traineeship at the Funke media group in North Rhine-Westphalia and Berlin, she worked as editor of the Westdeutsche Allgemeine Zeitung in the spotlight-neighbourhood of Duisburg-Marxloh, before it went into the comparatively tranquil Baden-Württemberg to the Swabian newspaper. Privately, she is happy to be in the Kendo in the area, listens to Grunge music, or travels through the art museums.
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It is a special case, the mistake of the German justice shows: A man from Rheinland-Pfalz to have thrown his two-month-old daughter from the second floor of a residential building, tentatively.
For two and a half years, the 35-Year-old David L. was without judgment on remand. Again and again had delayed the trial. The Federal constitutional court found last week that his basic rights are infringed on the freedom of the Person. The Palatinate higher regional court ordered then on Thursday afternoon, the release.
defendant is said to have been jealous of the baby
David L. is accused of a particularly brutal crime. He is on 13. May 2016 in Frankenthal Ludwigshafen his little daughter out of the apartment on the second floor, thrown out and killed. The investigators expect to see an escalated relationship drama. The then 33-Year-old to be jealous of his daughter got as a baby a lot of attention from her mother. Under the influence of drugs, according to the indictment, David L. stabbed with a knife on his girlfriend and then the child out of the window have thrown. When the police wanted to take him in the same night, he resists, and his other two children from a previous relationship in the Arm. He had a knife in Hand. For this reason, the man is placed next to murder, also attempted murder, dangerous bodily harm and hostage-taking to load.
In October 2016 to the competent criminal chamber of the regional court of Frankenthal, the prosecution in the main trial, and ordered, as in the case of capital crimes are common – the continued duration of the detention. Shortly thereafter, in November, began the process that should extend with 25 days of negotiations over eleven months – until September of the following year. But shortly before the end of the main was aborted negotiations surprising: The presiding judge was permanently ill, incapacitated.
“This is a process, not easy, but must begin with a new Chairman,” says Christian Bruns, judge and press spokesman of the regional court of Frankenthal. “This is a very long period of time, which was negotiated and in this case, then just lost.”
In December of 2017 began the main hearing under a new Chairman again – and since then has been running. But not quickly enough, as the defenders of the accused complained. He lodged a complaint that went to the Federal constitutional court. The found “that the Complainant is injured in his fundamental right to liberty of the Person”, as stated in a press release. The constitutionally prescribed density of the parts of the trial had not been respected. Is required at least one day per week. In the case of David L. but it has been only 0.65 days. A viable reason to extend the period of detention nevertheless, with the exception, saw the Federal constitutional court is not given.
“He is a free man now”
Karlsruhe referred the case back to the Palatinate higher regional court in zweibrücken. “By the standards of the Federal constitutional court, the Senate decided today, the defendant is released,” says the local judge and press spokesman Kiessling. “He is a free man now.”
It is a for the German judiciary special case. That a murder defendant is not until the end of his trial in remand seat, extremely rare.
The district court of Frankenthal, and the administration of justice must now face the question: How could it come to this, that it is not fast enough, it was negotiated? Answers did not want to give the land court on Friday. You waiting first of all to the decision of the higher regional court that is not involved in the transaction in Frankenthal in paper form yet, says press spokesman Christian Bruns.
Ex girlfriend is afraid of the Accused
David L. will not return, despite his release, in the household of his companion. The Couple had separated in the meantime. The woman is afraid of her Ex-boyfriend. “The defender stated that his client feels threatened by the defendants,” said court spokesman Bruns.
The process against David L. will be kept at the regional court of Frankenthal. Only when it ends, will decide whether the 35-Year-old found guilty and sentenced properly according to the law a prison sentence.
