Defender's defender and father's advocate agreed on Wednesday: St Gallen's prosecutor's job leaves much to be desired. Both strongly criticize the investigation. They were really very widespread, 20 witnesses were questioned, the accused were heard in the bedroom. But this did not create a clear overall picture. "The allegations are based on speculation," says father's advocate.
His main complaint: The cause of the child's death was not clarified – and perhaps it would never have been clarified. Therefore, it is doubtful whether his death could be avoided, says mother defender. "We do not have a clear idea that could lead to conviction." And: "We did not admit the accused." In the summer of 2015, a nearly two-year-old daughter was found dead in their parents' house in the Stage.
Mother did not know her father about the death of her daughter
Both defendants request parental support. And they also demand satisfaction of 46 days of pre-trial detention; father must be compensated with 9,200 francs, mother with 5,000 francs for the time behind the bars. In the event of an "adjacent event", the lawyer agrees with the prosecutor's office: her client has wrongly accused the ex-husband. For this she had to be punished with 50 daily rates of 10 francs. The defendant is currently out of work. She wants to work in care, she explained on Tuesday. So she completed a distance education course in Hamburg to reach Abitur.
The prosecutor's office accuses parents of having a poor daughter. Her life was mostly related to serious drugs. And not for the little ones. Concerning the use of their cocaine, the two defendants were asked at the hearing. It is not guaranteed either the frequency or the volume of purchase of medicines, indicated by the father's counsel. Therefore, the number of prosecutions should be "cautious" to enjoy.
"Money withdrawal only proves that he has withdrawn money, but not the fact that he has used it for the purchase of a medicinal product."
He always enjoyed meeting the money in the house, and some were investing in the house, his father had justified on Tuesday, regularly withdrawing cash. The mother's lawyer also talks about "indirect evidence": "The allegation of serious addiction-related parents who left their daughter is not true." These are allegations; no evidence Mother used drugs only occasionally, but not regularly. She had a well-arranged life, she spent the whole day with her daughter.
Contrary to witness statements, there was no basis. "There is no credible evidence that the mother seems to interfere with daily routine," said a lawyer.
The father, according to the defense lawyer, took care of the toddler as much as possible. In some educational issues, he relied on his life partner – "right, she has already raised three children." Senior son – she gave birth to her as a teenager – lives in Germany; the other two children are placed in third place. His client was inexperienced working with children – "he was only 50 years old and had to rely on his mother."
Father's behavior has never been a "particular danger" to a child. The claim that a 23-month-old infant died from thirst, starvation, or forgotten created a "prosecutor's imagination". The evidence is too small. And to the prosecutor's address:
"If you do not know how a child died, you do not know how his father could prevent it."
The defense counsel also points out that his father did not know about the death of his daughter with his arrest. He was last seen on July 25, the accused announced on Tuesday. After that, his life partner first said that the Child and Adult Protection Authority (Kesb) had brought a daughter; then she said she was safe with friends abroad. He repeatedly demanded a sign from his daughter. "I just got a picture of a nice house that should be our child." She could wrap people around her finger, the mother said on the first day of the trial.
Prostitution is the wrong time, said the mother's defender. On July 3, the child was "definitely dead". It should have been in the sea at the end of July. Although her mother could not accurately remember, on what day she found her daughter in the crib at the mansard's room.
"However, it turns out that the time set by the prosecutor's office is wrong, and the cause of death and the nature of death are unclear." Mother has not ignored her care and education responsibilities. "She could not cause her daughter to die." She saw the child more, the defense lawyer said: "wise child and grandchild", well fed and round.
"It was a stroke writer"
There is no doubt that Mother was incarcerated in a truncheon of dead children and hid in the basement. "It was a stroke," explains the lawyer. "She did not want to give up to her daughter and keep her body with her." Mother responded to the "unjust and wrong" daughter's death. Since then she has created a "mournful disorder". She could not rest and sin her daughter.
The prosecutor's office demands that the mother deliberately kill, breach prosperity and educational obligations, and several offenses against the Drug Law 10.5 years imprisonment, the father to sentenced to 8 years imprisonment. The process will continue on Thursday.