The Court of cassation has validated Tuesday, the non-place which has benefited from Henri Leclaire in the case of the murder of two small boys in 1986 in Montigny-lès-Metz (Moselle), the serial killer Francis Heaulme will, therefore, be tried only before the court of assizes.
Henri Leclaire is out of the question permanently. The trial of Francis Heaulme, the date of which is not formally fixed, is expected to take place in the spring before the assize court of the Moselle river.
The facts date back to September 28, 1986 : the body of Alexandre Beckrich and Cyril Beining, two boys of eight years old, had been found with the skull smashed in with blows of stone on the embankment of a railway track near their home in the suburbs of Metz, where they were coming out to play.
Dils, sentenced to life imprisonment and then acquitted
Patrick Dils, 16 years of age at the time of the facts, had been sentenced to life imprisonment in 1989 for the crimes that he had confessed – as the two other suspects before him – before his case is reviewed, a procedure to be quite exceptional.
Sentenced again to 25 years imprisonment by the assize court of the Marne, Patrick Dils was finally acquitted on appeal in Lyon, in April 2002, after having spent 15 years in prison.
The presence of a proven of Francis Heaulme on the scene of the crime as well as many other clues suggesting that the serial killer could be the author had been determinants in the decision to review his trial.
Non-place on July 7, last
In 2014, evidence of last minute, likely to cause Henri Leclaire, had led the assize court of the Moselle to suspend the trial of Francis Heaulme.
An investigating judge had been seised of a new court information. At the end of it, Henri Leclaire, indicted, had initially been referred to the assizes, in spite of its denials. And then the house of instruction, that he had on appeal, had issued a non-place on the 7th of July last.
The mother of one of the two victims had lodged an appeal in cassation. Before the criminal chamber of the high court, the advocate general had considered that instead of opening a new information for judicial Henri Leclaire, it would have had to re-open the folder ” load new “.
Leclaire, the first to admit
The magistrate had raised this way, which was not among the arguments raised by the defence of the mother of Cyril Beining, to the origin of the appeal in cassation.
In its ruling Tuesday, the Court ruled that there was no place to raise office this way – that until then had never been relied on by anyone in the proceedings raised by the attorney general, and those who have been raised by the defense of Mrs. Beining.
Henri Leclaire had been the first to confess, in 1986, the murder of the two young boys. Before quickly détracter. The investigators had finished by dismissing the track Henri Leclaire, noting inaccuracies in their statements, and finding, after a reconstruction, that his corpulence prevented him from climbing on the slope.