NationStates Jolt Archive


Josef Fritzl goes to trial, admits rape, denies murder

Ifreann
16-03-2009, 14:11
http://news.bbc.co.uk/1/hi/world/europe/7940564.stm
Josef Fritzl, accused of imprisoning his daughter and fathering her children, has pleaded guilty to rape and incest but not guilty to murder.

The Austrian is accused of the murder by neglect of one of his daughter's children. He also denied enslavement.

TV pictures showed the 73-year-old enter the courtroom with his face concealed by a blue file. He refused to answer journalists' questions.

The trial, in the city of St Poelten, is attracting intense media interest.

Mr Fritzl is alleged in 1984 to have lured his daughter into a cellar with windowless soundproofed chambers beneath their house and then raped her repeatedly.

The daughter and three of her seven children were kept captive in the cellar until the case came to light in April last year when one of the children became seriously ill and was taken to hospital.

Mr Fritzl faces up to 20 years in jail for enslavement and up to 15 years for some of the other charges.

....

The prosecutor[Christiane Burkheiser] also blamed Mr Fritzl squarely for the death of one of twin boys that his daughter gave birth to in 1996.

"He failed to seek any help", despite his daughter's pleas, when the baby developed breathing problems, Ms Burkheiser said.

"That my dear jurors, is murder by negligence."

....

But defence lawyer Rudolf Mayer said his client was "a human being not a monster" and appealed to jurors to be objective.

In her introduction, court president Andrea Humer said she wished to emphasise that a single person was on trial, not a town or a region.

The judge asked Mr Fritzl some questions about his life and work experience, before sending the public out of the courtroom as the remaining evidence was deemed too sensitive.

Camera crews and photographers had already been told to leave.

An estimated 200 journalists are in St Poelten for the trial but fewer than 100 were allowed inside the courthouse.

An air exclusion zone has been imposed above the courthouse to prevent news crews using helicopters to get aerial shots.

Privacy protection

Mr Fritzl has been held in custody in St Poelten since his arrest nearly a year ago.

All evidence in the trial is due to be given behind closed doors, with no press or public present, out of concern for the privacy of the family.

The evidence includes hours of pre-recorded testimony given by the daughter at the centre of the case.

Edited details of the day's proceedings will then be released to the press each afternoon.

The trial is predicted to last just a week, with a verdict expected on Friday.
Murder - not guilty plea
Enslavement - not guilty plea
Deprivation of liberty - guilty plea
Rape - partially guilty plea*
Incest - guilty plea
Coercion - guilty plea
*Understood to mean he is contesting the wording of the charges

The murder charge, if Austrian law considers death resulting from someone's negligence murder, then he'll probably be found guilty of that, I figure.

Enslavement, maybe he'll get off if keeping someone in your basement as an organic sex toy isn't technically enslavement. Though it sure as hell sounds like it to me. Maybe that falls under the deprivation of liberty thing.

I'm rather curious about what he's contesting about the wording of the rape charge. I expect that'll come up over the course of the trial.

I still think it's a bit stupid that incest is actually illegal, but there's no way that's going to change within a few years of this guy getting sent to jail.

Incidentally, I wonder if he'll get any leniency for pleading guilty to most of the charges.

Thoughts? Comments? RAAAAAAAAAAAAAAAAAAAAAAGE?
greed and death
16-03-2009, 14:13
kill the sicko.
Nodinia
16-03-2009, 14:14
The judge asked Mr Fritzl some questions about his life and work experience,

'I enjoy staying in with the family, DIY...'
Lunatic Goofballs
16-03-2009, 14:25
But defence lawyer Rudolf Mayer said his client was "a human being not a monster" and appealed to jurors to be objective.

Nope, he's a monster.
greed and death
16-03-2009, 14:27
people like him is why Europe needs the death penalty.
Whereyouthinkyougoing
16-03-2009, 14:31
The murder charge, if German law considers death resulting from someone's negligence murder, then he'll probably be found guilty of that, I figure.
German law doesn't, Austrian law does. ;) (Honestly, I only remembered this happened in Austria and not here after Wikipedia was adamant about featuring "Mord durch Unterlassen" only in the paragraph about Austrian law... ><).

It's not explained super extra well in the wiki and I'm entirely too lazy for a deeper excursion into Austrian law, but wiki sez that in Austria, every intentional homicide is murder - wherein the "intentional" part means that the perpetrator has to at least seriously consider possible and accept the fact that his act (or, under specific circumstances, his not acting (i.e. here's where the negligence comes in)) results in the death of a person.
Ifreann
16-03-2009, 14:33
German law doesn't, Austrian law does. ;) (Honestly, I only remembered this happened in Austria and not here after Wikipedia was adamant about featuring "Mord durch Unterlassen" only in the paragraph about Austrian law... ><).

Stupid Austria and its being a different country. *grumbles* *edits OP*
Zombie PotatoHeads
16-03-2009, 14:34
hmmm...think he's angling for the sympathy vote, huh?
Lunatic Goofballs
16-03-2009, 14:36
hmmm...think he's angling for the sympathy vote, huh?

That could be difficult, but not impossible.

His attorney just has to convince the jury that they would have done the exact same thing if they were in his position. *nod*

:eek:

:tongue:
Ifreann
16-03-2009, 14:37
people like him is why Europe needs the death penalty.

What will killing him actually achieve?
Whereyouthinkyougoing
16-03-2009, 14:38
What will killing him actually achieve?
Teeth and eyes and all kinds of other awesome revenge, of course!
Lunatic Goofballs
16-03-2009, 14:39
What will killing him actually achieve?

Mercy. Life imprisonment is a death penalty for him, so the question is will he die quick and painlessly or slow and horribly?

Me, I'm for slow and horribly. :)
Zombie PotatoHeads
16-03-2009, 14:42
That could be difficult, but not impossible.

His attorney just has to convince the jury that they would have done the exact same thing if they were in his position. *nod*

:eek:

:tongue:
That might not be that hard to do. This is the country that gave us Hitler and Lederhosen after all.


I was more thinking along the lines that Fritz has figured that if he freely admits to one crime, the jury will think, "Well, he can't be that bad. He's admitted to being a rapist. Not many men would be honest enough to do that. And it shows he cares about his daughter as it means she doesn't need to be cross-examined over this charge! My, what a nice man he is."
Lunatic Goofballs
16-03-2009, 14:43
That might not be that hard to do. This is the country that gave us Hitler and Lederhosen after all.


I was more thinking along the lines that Fritz has figured that if he freely admits to one crime, the jury will think, "Well, he can't be that bad. He's admitted to being a rapist. Not many men would be honest enough to do that. And it shows he cares about his daughter as it means she doesn't need to be cross-examined over this charge! My, what a nice man he is."

On the other hand, he's a rapist.
Whereyouthinkyougoing
16-03-2009, 14:43
Hehe, thanks, LG. I had NO idea Austria had juries. How weird is that?!
Lunatic Goofballs
16-03-2009, 14:46
Hehe, thanks, LG. I had NO idea Austria had juries. How weird is that?!

Who keeps track? :p
Whereyouthinkyougoing
16-03-2009, 14:47
I was more thinking along the lines that Fritz has figured that if he freely admits to one crime, the jury will think, "Well, he can't be that bad. He's admitted to being a rapist. Not many men would be honest enough to do that. And it shows he cares about his daughter as it means she doesn't need to be cross-examined over this charge! My, what a nice man he is."
I'd very much guess he's not pleading guilty to murder and slavery simply because those are probably a stretch in terms of how applicable they are in this case. I don't know (there's probably gonna be many articles illuminating the finer points of Austrian law in the next few days) but it seems likely that the prosecution would try to hit him with whatever they could possibly find just because it was such an extremely cruel and well-publicized crime, and it may well be that a couple of the things he's charged with just simply can't be proven in all their intents and purposes.
greed and death
16-03-2009, 14:48
What will killing him actually achieve?

makes society feel satisfied.
and dont get me wrong the US executes too many people. but sometimes someone is just a sick fuck and need to be put down.
Zombie PotatoHeads
16-03-2009, 14:49
On the other hand, he's a rapist.
well yes, there is that fly in his ointment. Maybe he's hoping they'll overlook that due to all his positive traits.
Like....uh...ummm....uh...
He's can grow a mustache.
uh....
....
.
Lunatic Goofballs
16-03-2009, 14:51
well yes, there is that fly in his ointment. Maybe he's hoping they'll overlook that due to all his positive traits.
Like....uh...ummm....uh...
He's can grow a mustache.
uh....
....
.

Maybe he donates a lot to charity. :p
Ashmoria
16-03-2009, 14:53
how many years would he actually have to serve for these crimes? does austria have "good time"? do they do consecutive sentences to make sure that he can never walk out of prison?
Lunatic Goofballs
16-03-2009, 14:56
how many years would he actually have to serve for these crimes? does austria have "good time"? do they do consecutive sentences to make sure that he can never walk out of prison?

I think it's 20 just for the rape and he's 73.
Ashmoria
16-03-2009, 15:02
I think it's 20 just for the rape and he's 73.
yeah i saw that.

but in new mexico, for example, 20 means 10 with good behavior. do they do that kind of thing in austria?
Psychotic Mongooses
16-03-2009, 15:04
yeah i saw that.

but in new mexico, for example, 20 means 10 with good behavior. do they do that kind of thing in austria?

Probably, but given his age and the extreme severity (and sheer amount) of the crimes - if convicted, he's gonna die in prison.
Ifreann
18-03-2009, 15:47
Bump for update: Fritzl has changed his plea to guilty on all charges.
Lunatic Goofballs
18-03-2009, 15:49
Bump for update: Fritzl has changed his plea to guilty on all charges.

Now it's his turn to get locked up. :D
Ifreann
18-03-2009, 15:58
Now it's his turn to get locked up. :D

The ironing is delicious.