The wrong corpse

by DoDo
Thu Nov 26th, 2009 at 08:00:09 AM EST

I have a special knack for murder cases showing the falliblity of justice even in apparently clear-cut cases. (After all, this fallibility is one of the two main arguments against a decision with such finality as the death penalty.)

There is now the curious case of Rudolf Rupp, an old peasant who disappeared in 2001. His wife, two then teenage daughters and the fiancée of the older were sentenced to long prison terms, after they confessed to have killed and dismembered him, and fed the pieces to the dogs, to get his money. However, Rudolf Rupp's corpse was found this March -- whole, in his car, at the bottom of the Danube.


The family members withdrew their confessions before the trial, and investigators found zero physical evidence of the claimed dismembering on the kitchen table, but the judgement still relied on the confessions -- presumably because there was detailed agreement between the fantastic confessions even though the children were deemed to have low intelligence.

However, though the examination of the partially skeletonised corpse could exclude the use of dull (hammer), stabbing and cutting (not to mention shooting) weapons and poison, the real cause of Rudolf Rupp's death is still unclear.

:: :: :: :: ::

What now? There are no legal consequences as yet: the judge who rejected the appeal by the defence for a retrial turned the burden of proof upside down. Justice cannot have erred!

The judge would consent to a retrial only if evidence pointing to the innocence of the family members would turn up. He maintained that the motive and the part of the confessions up until the dismemberment of the corpse are still valid -- without attempting to explain why only part of the confessions was a lie. (The defense attorneys point out that most of the confessions were taken in poorly documented hour-long interrogations without a lawyer present.)

The judge also claimed that an accident or suicide can be excluded (even though he was last seen leaving a pub at 1am in his car after drinking lots of beer), and hypothetised that Rudolf Rupp was knocked unconscious. Defense counters the judge's hypothesis with the time factor: the time of unconsciousness would last only minutes, not enough to transport him to the Danube.

The request for retrial will now go one instance higher on appeal.

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Another murder case showing the falliblity of justice I covered was the Massacre of Mór, see Trial and Error.

*Traitor*, n.
A benighted individual who perceives an illusory distinction between serving his nation and abetting the criminals who govern it.
by DoDo on Thu Nov 26th, 2009 at 08:03:18 AM EST
What's frightening is how the police can scare the wits out of fragile people enough to obtain lurid confessions. In this case, since the material evidence is that the accused did not dismember the victim and feed him to the dogs, the detailed agreement between the confessions can presumably only have come from a suggested police version. (It's unlikely the police would have left all four suspects together long enough to concoct the story themselves, and even less likely the suspects would have wanted to).

 

by afew (afew(a in a circle)eurotrib_dot_com) on Thu Nov 26th, 2009 at 10:49:31 AM EST
Indeed, that's why defense emphasises the questionable circumstances of the interrogations resulting in the confessions. And all this happened apparently without physical torture.

*Traitor*, n.
A benighted individual who perceives an illusory distinction between serving his nation and abetting the criminals who govern it.
by DoDo on Thu Nov 26th, 2009 at 02:19:38 PM EST
[ Parent ]
In these cases, status seems to have an incredible role.

It seems a lot of these confessions which turn to be fabrication in the face of non-torture techniques (but standard coercive police techniques) come from very low-status families or members of the society.

Families with children with mental disorders, grave economic problems, social reclusion...

I could be wrong though.

A pleasure

I therefore claim to show, not how men think in myths, but how myths operate in men's minds without their being aware of the fact. Levi-Strauss, Claude

by kcurie on Fri Nov 27th, 2009 at 12:24:42 PM EST
Interesting story.  Thanks.

alohapolitics.com
by Keone Michaels on Fri Nov 27th, 2009 at 01:20:01 PM EST


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