Defender of the defendant and defense attorney agreed on Wednesday: The work of the prosecutor St. Gallen left many things to be desired. Both strongly condemned the investigation. This is indeed very broad, to 20 witnesses questioned, the defendant was listened to – to the bedroom. But none of this leads to a clear overall picture. "This indictment is based on speculation," said the father's defender.
The main complaint: The cause of child mortality is not clarified – and may never be clarified. Therefore it should be questioned whether his death could be avoided, said the mother's defender. "We don't have a clear picture that can lead to conviction." And: "We have no recognition from the accused." In the summer of 2015, a nearly two-year-old daughter was found dead at their parents' home in Staad.
Mother did not tell her father about the death of her daughter
Both defenders demand release for parents. And they also demanded satisfaction with the 46-day pre-trial detention; the father must be compensated with 9200 francs, a mother with 5000 francs for the time behind bars. Only in the case of "side events" the defense attorney agreed with the prosecutor's office: his client had wrongly accused his ex-husband. For that he must be paid with 50 daily rates of 10 francs. The accused is currently not at work. He wants to work in nursing, he explained on Tuesday. Therefore, he completed a distance learning course in Hamburg, to pursue the Abitur.
Prosecutors accused parents of ignoring their bad little daughter. His life is mostly about hard drugs. And not for the child. When asked about their cocaine use, the two were accused of not wanting to be interrogated by the chief justice. Both the frequency and number of drug purchases are not guaranteed, said the defense lawyer. Therefore, the number of prosecutors must be "carefully" to be enjoyed.
"The withdrawal of money only proves that he has withdrawn money, but not that he has used it for the purchase of drugs."
He always likes enough cash at home and some is invested in the house, father has been justified on Tuesday, regular cash withdrawals. The mother's defense attorney also spoke of "indirect evidence": "Allegations of parents who are addicted to drugs who have ignored their daughter are incorrect." This is an accusation; there is no proof. The mother only uses drugs occasionally but not regularly. He has a regular life, he spends all day with his daughter.
Statements that are contradictory by witnesses have no basis whatsoever. "There is no reliable evidence of the daily routine of the mother who should be disturbed," the defense lawyer said.
The father, according to the defense lawyer, caring for a toddler is as best he can. On certain educational issues, he relies on his life partner – "right, he has raised three children". The oldest son – he gave birth when he was a teenager – lived in Germany; the other two children were placed third. His client is not experienced in dealing with children – "he is only 50 years old and has to depend on his mother."
Father's behavior is never a "concrete danger" for the child. Allegations that a 23-month-old baby had died of thirst, starvation or forgetfulness appeared "the prosecutor's imagination". The proof is too thin. And to the attorney's address:
"If you don't know how the child died, you don't know how your father can prevent it."
The defense attorney also mentioned that my father did not know the death of his daughter until after his arrest. He last saw him on July 25, the defendant said on Tuesday. After that, his life partner first said that the child and adult protection authority (Kesb) had brought a daughter; then he told him that he was safe with friends abroad. He repeatedly demanded a sign from his daughter. "I just got a picture of a nice house where our child should be." He could wrap the people around his fingers, said Mother on the first day of the trial.
The time of death mentioned by the prosecutor's office was wrong, said the mother's defender. On July 3, the child "must have died". It must be dead at the end of July. Even though the mother couldn't remember exactly what day she found her daughter died in a bed in the attic room.
"But the time stated by the prosecutor's office was proven wrong – and the cause of death and the nature of death were unclear." The mother does not ignore her care and education obligations. "He can't cause the death of his daughter." He saw the child more often, the defense lawyer said, "cute babies and toddlers," fed well and plump.
"That is a short action"
It is undeniable that mothers pack dead children in a suitcase and hide it in the basement. "It was a short action," the defense lawyer explained. "She did not want to give her daughter away and take care of her body with her." The mother reacted "irrational and improper" to the death of her daughter. Since then he has developed a "mourning disorder". He could not rest and grieve for his daughter.
Prosecution applies to mothers for deliberate murder, violations of welfare and education assignments and some violations of Narcotics Acting 10.5 years imprisonment, for fathers 8 years in prison The process will resume on Thursday.