Neuvième jour du procès à Aix-la-chapelle, 22 avril 05

9th day of trial in Aachen or
hearty meet again in the witness box

 

Also the 9th day began with the same old procedure, the accused were brought to court one by one, Jose and Gabriel in shackles again. In protest against the constant order of undressing Gabriel again appeared in underpants only. Hereby the supporters chanted "Abajo los muros-de la Prisiones (down with the walls of prisons). Nohl announced at the beginning the hearing of new witnesses for 27.04.05, the defense wants to hear witness Schneider (see report for day Cool and the prosecutor wants to hear the crew of a patrol car Rademacher/Trapp. After that arrangements were made concerning which witnesses don't need to be heard. During the break, 'cos the first witness of the day wasn't present yet, someone in the audience provoked Gabriel which resultet in verbal aussaults. Gabriel then stood up and began to sing the first strophe of "a las barricadas".

The first witness, driver of the second car used for escape was now heard. He had the impression to be thwart by the first car used for escape. After that the accused persons ran with pulled guns (that means two of them had a gun) to his car and screamed "Out! Out!". Because he couldn't open the door he smashed the side window what caused him a small injury 'cos of the splinters. Afterwards he could leave the car unmolested. When changing they car for escape the hostages were left behind, too. The witness could neither say something about the distribution of roles among the accused ones nor recognize 'em. All in all his testimony was a bit antithetic regarding to what he said at the police station. But he changed what he said in favor of what he said at the police station. When Joses lawyer Ulf asked him he couldn't remember to heard shots.

Police appraiser and professor for biological anthropology Mrs.Dr.Backofen was ordered to the witness box next. Via a morphologic comparison of the pictures made by one of the cameras of the bank in Karlsruhe with the pictures that were taken by Jose at the police station it should be found out if it was Jose who robbed the bank. From the beginning on the witness pointed out the bad quality of the pictures that wasn't helpful for her work. She refered to numerous characteristics such as age, beard und color, facial structure, reconciliation of the nose, reconciliation of mouth-chin, eyebrows and proportions of the face, all of them are similar, but show little selectivity. Means there are a lot of people with similar characteristics. The reconciliation of the ears was interesting 'cos it is almost as important as a fingerprint. Here quite a lot of similarities have been found. Regarding her conclusion she said there are hardly any charateristics that exclude Jose to be the man on the picture. On the contrary a identity is likely, on a list between 1 and 5 (1 means unlikely, 5 absolutely sure) it is a 3. A percental chance she didn't want to predict 'cos the only important, consistent comparison are the ears.

As third witness officer Opree of the CID Aachen entered the court. He analysed the spot where the car used for escape was changed and explained everything with pictures that were taken. When he was asked by the defense if the escape route was analysed regarding skidmarks and other stuff he didn't know it.

The fourth witness of the day was the most funky one, the owner of the workshop where the escape ended. When he entered the court he greeted the accused with a nod. He testified Bart, Jose and Gabriel came rushing into his shop and launched threat at him with a gun for only a short time. He and a customer who was present should sat in the car of the customer with which all five left the shop. The witness called attention to the prosecutor that police was allover and so they went back to the shop. In there he guided the group the a small room where he cooked tea to calm them down. Now he went outside for a few times to check the situation regarding the police that was there. When he was asked why he went back inside the shop he said it was 'cos there was still a customer inside and further he promised Bart, Jose and Gabriel to come back. He didn't want to betray 'em. When Bart tried to escape from the shop and hereby get arrested he insinuated (also 'cos of what his colleague said who just arrived) that Bart is one of the offenders and that the others are still inside. If it would have been him who had to decide, he would have said nothing. Now he criticized the police that damaged his fence and one of his cars without compensating. Further his passport got lost at the police. When he was allowed to leave the witness box he shacked hands with all the accused and asked Gabriel about his birthday 'cos he wants to make him a gift. The supporter gave applause.

Witness number 5 was officer Karsten Liebmann, one of the forensic people. He was doing the "Asservatenliste" (a list that includes everything found from Gabriel, Jose, Bart and Begonia) and was asked about it. Further he did the first interrogation of Jose and Gabriel (both of 'em made no statements). The appropriation of the belongings turned out to be spongy thing when he was asked about it by lawyer Pusch. The list Begonia allegedly signed (where she confirmed that the stuff mention on the list is hers) was missing. When he searched the stuff he was wearing no further protective clothing than gloves.

Witness number six was a varnisher of the shop mentioned before. But he arrived there not before Bart, Jose and Gabriel were already in that small room. On the street he met his Boss (witness number four) who told him what is going on. Afterwards they discussed for about 30 minutes (later he admitted it might just has been his imagination that it look so long) if tey wanna inform the police about what's going on. He did so and watched the arrestments. When he entered the shop later on he saw a gun laying on the floor. When the judge asked him he mentioned the name of the customer his boss couldn't remember anymore.

After that hearing it was again decided to waive the hearing for various witnesses. During the following break the before mentioned beholder (who provoked Gabriel) attracted attention with his negative behavior again. He called the supporters "cattle" which resulted in loud protest. But Nohl reprimanded the supporters only. He was making the hint with such people he wouldn't discuss at all. After the end of this day in trial the person apologised for his behavior.

Up next Rubert Graf of the preservation of evidence was heard. He did analyse the shop and explained his work with photographs. Further he did interrogate Bart who made no statements at all. After that Graf could go.

The eight witness was an officer again, Gunther Gaullen who was allegedly involved in the arrestment of Gabriel. He particularized his experiences and testified the weapon he found at Gabriel wasn't shoot empty. When the judge asked him if he is sure it was Gabriel he retorted "100%". But since it was a fact that it was Jose he was faced with all the time he had to admit that in the end. He apologized for his error with the extraordinary happenings of that day.

After the end of the hearings another four witnesses were waived.
Further it was announced that Gabriel will read a statement about the case next week.
Up next an application by Gabriels lawyer regarding the verification of the personal data of the person who provoked Gabriel to sue him 'cos of assault was made. But Nohl rejected that 'cos both parties insulted eachother, something that shouldn't happen in the future.

At the end Barts lawyer made an application to fuss the warrant against Bart or to change it in open prison. His argument was it is clear that Bart only has a minor guilt, his almost one year on remand and the assurance to attend the trial. The prosecutor demanded to refuse this application 'cos Bart did take part in the hostage-taking, even if his role was just a passive one.
Judge Nohl said he will decide about this at the next day of trial and adjourned the court.

So next week promises to become an interesting one, Gabriels statement and also the possible release of Bart are on the agenda. And still there are free seats available....
Next day of trila will be the 27.04.05 in room 338 Landgericht Aachen.

 

A small PS:
K.R. who was sentenced to two days in prison cos of the action two days before will be released most likely on saturday. Today people could visit him, but no books etc. were allowed to be handed over. He is doing well.
When leaving the court, Jose hugged him and caused him accidentally a black eye. Koen let others deliver him the message that he thankful for it and sees it as a kiss....Nice coincidence: on the way to the doctor their paths crossed in jail and another salute was given in the hallway.