The defender of the defendant and the defender of the father agreed on Wednesday: the work of the prosecutor of St. Gallen leaves much to be desired. These two sharply criticize the investigation. They were really very extensive, up to 20 witnesses were interrogated, the accused were listened to the bedroom. But all this did not lead to a clear overall picture. “The accusation is based on speculation,” says the father’s lawyer.
His central complaint is that the cause of the child’s death has not been clarified – and probably will never be clarified. Therefore, it is doubtful whether his death can be avoided, says mother’s protector. "We do not have a clear picture that could lead to conviction." And: "We have no confession of the accused." In the summer of 2015, an almost two-year-old daughter was found dead in the parent house in Stade.
Mother did not tell father about the death of her daughter
These two advocates demand justification to parents. And they also demand satisfaction for 46-day pre-trial detention; the father must receive compensation in the amount of 9200 francs, the mother with 5000 francs for the time behind bars. Only in the case of a “side event” the lawyer agrees with the prosecutor’s office: her client incorrectly accused her ex-husband. For this, she had to be punished with 50 daily rates of 10 francs. Currently the defendant is not working. She would like to work in nursing, she explained on Tuesday. Therefore, she completed a distance learning course in Hamburg to catch up with Abitur.
The prosecution accuses parents of neglecting their little daughter by the bad ones. Her life was mostly about hard drugs. And not for the baby. When asked about their use of cocaine, both defendants were silent in questioning by the president of the court. Neither the frequency nor the number of drug purchases are provided, the father’s advocate says. Therefore, the number of accusers must be “with care” in order to enjoy.
"The withdrawal of cash proves only that he withdrew the money, but not the one that used it to buy drugs."
He always loved enough money in the house, and some invested in the house, his father justified on Tuesday regular cash withdrawals. A mother’s advocate also speaks of “circumstantial evidence”: “The accusation of drug-addicted parents who neglected their daughter is not true.” These are charges; no evidence. Mother sometimes used drugs, but not on a regular basis. She had a well-ordered life, she spent the whole day with her daughter.
In the opposite statements of the witnesses there were no grounds. “There is no reliable evidence of the allegedly disturbed daily life of the mother,” said the lawyer.
The father, according to the lawyer, took care of the baby as much as he could. On certain issues of education, he relied on his life partner – “correctly, she has already raised three children.” The eldest son — she bore him as a teenager — lives in Germany; the other two children ranked third. His client was inexperienced with children – "he was only 50 years old, and he had to rely on his mother."
Father’s behavior has never been a “specific danger” to a child. The accusation that a 23-month-old baby died of thirst, hunger, or forgotten, caused the "imagination of the prosecutor." The evidence is too thin. And at the address of the prosecutor:
"If you do not know how the child died, you do not know how your father could have prevented."
Counsel also mentions that his father did not find out about his death until he was arrested. He last saw her on July 25, said the defendant on Tuesday. After that, his life partner initially said that the child and the protection of adults (Kesb) had brought a daughter; She then told him that she was safe with friends abroad. He repeatedly demanded a sign from his daughter. "I just got a picture with a nice house where our child should be." She could wrap people around her finger, Mother said on the first day of the trial.
The time of death mentioned by the procuracy is incorrect, says the mother’s protector. July 3, the child was "definitely dead." He must have died at the end of July. Although the mother could not remember exactly what day she found her daughter dead in a cot in the attic.
“But the time stated by the prosecutor’s office is proven to be wrong, and the cause of death and the nature of death are unclear.” Mother did not disregard her care and educational obligations. "She could not lead to the death of her daughter." She most often saw the child, said the lawyer, “a cute child and a baby,” full and plump.
“It was a shorthand report”
There is no doubt that the mother grabbed the dead child in a suitcase and hid in the basement. “It was a shorthand,” explains the lawyer. "She did not want to take her daughter away and keep her body with her." Mother reacted "irrationally and inappropriate" to the death of her daughter. Since then, she has developed a "frustration mourning." She could not calm down and grieve for her daughter.
The charge extends to the mother for murder, violation of responsibilities for the welfare and education, as well as repeated offenses against the Drug Act – a prison term of 10.5 years, for the father – a prison term of 8 years. This process will continue on Thursday.