Fabian murder trial: defence counsel presents theory on deleted sensor data
On the eighth day of trial in the Fabian case before Rostock regional court, defence counsel Thomas Löcker presented a new theory regarding missing vehicle data. A police officer gave evidence as the first witness at the crime scene.
Courtroom clash on eighth day of Fabian trial
On the eighth day of trial before Rostock regional court in the Fabian murder case, there was a heated exchange between presiding judge Holger Schütt and the defence counsel for the accused, Thomas Löcker, according to t-online.de. Following this, a police officer gave evidence as the first witness at the crime scene.
Eight-year-old Fabian from Güstrow was killed with six stab wounds. Under suspicion of murder is 30-year-old Gina H., the partner of Fabian's father. The prosecution accuses her of killing the boy treacherously and for base motives in order to save her troubled relationship at the time. Until a verdict is reached, the presumption of innocence applies to Gina H.
Judge stops the defence counsel
Before the first witness statements, Löcker announced that he wished to present an explanation regarding the evidence from the previous week. Judge Schütt pointed out that this was only permissible immediately after the evidence-taking. When Löcker stated that he had printed out and prepared five pages, the judge interrupted him: "You have your closing statement for that." Löcker countered that this would take hours. In the end, both agreed that the defence counsel could give a freely delivered statement.
No blood traces on clothing
To t-online.de, Löcker had already outlined the content of his statement in advance. Given the evidence presented so far, he considered it unlikely that his client was the perpetrator. Neither blood nor other relevant traces were secured on Gina H.'s clothing, he emphasised. Accelerant was also not detected on her clothing — although investigators are convinced that Gina H. set Fabian's body on fire using liquid barbecue lighter to destroy evidence.
New theory on missing vehicle data
Löcker also addressed the missing sensor data from Gina H.'s orange Ford Ranger. An expert had stated in the previous week that the vehicle recorded all operations — including opening doors and location data — meticulously, but not in the period between 3 September and 13 October. The expert called the absence of data from the period of the crime "odd" and considered manipulation unlikely; a technical defect seemed more probable.
Defence counsel Löcker now put forward a new explanation, which he outlined to t-online.de in advance: for Gina H. to have manipulated the sensor data herself was "completely ruled out" — she did not have the technical capability to do so. However, he did not rule out "that someone may wish to harm Gina H." His theory is as follows: a third party deliberately deleted the data because it could be exonerating for the accused. Had the data shown, for example, that only the driver's door had been opened, it would have been clear that Fabian could not have been in the vehicle. "Gina H. would have to be released immediately," Löcker said. At the same time, he acknowledged that this theory was speculative in nature — with such a serious charge, the court must nevertheless examine all possibilities thoroughly.
Police officer describes conduct at discovery site
Following the defence counsel's statement, the police officer who had arrived first on 14 October last year at the pond near Klein Upahl — the discovery site of the body and alleged crime scene — gave evidence. Gina H. had stated that she discovered the body by chance during a walk with a friend.
According to the Bild newspaper, the officer told the court that Gina H. and her companion were still at the scene when police arrived and did not make a shocked impression. "Neither of them seemed affected, not shocked," he said. Furthermore, Gina H. had of her own accord pointed out to him that her traces would be found at the pond. In retrospect, this had struck him as odd: "As police officers we know such things. It made us a bit suspicious that it came from her unprompted."
Footprint traces examined at pond
In the course of the trial day, photographs of the crime scene and of the body were shown. The focus was on footprint traces secured at the pond. Investigators found imprints that could be attributed to the shoe of the killed boy, as well as those that matched the shoe brand of the accused. However, an expert witness noted limitations in that the traces did not permit definitive identification.
Continuation on Thursday
The murder trial in the Fabian case continues on Thursday. Several more experts are to be heard, including the forensic pathologist who examined the boy's body. A further expert will also give evidence on soil samples and residues of barbecue lighter secured at the crime scene.
Source: Google News LU DE