And as required by law since 2012, a criminal court verdict must now be motivated.
The document presented book below in its entirety this “motivation”. Taking a chronology, it emphasizes the singularity of the appearance of Daniel Legrand, father and son, in what was originally a family incest case involving Badoui Myriam and Thierry Delay, and a couple of neighbors on all four son, Sharif, Dimitri, Jonathan and Dylan.
She spreads accusations of the incestuous mother and neighbors, Aurelie Grenon and David Delplanque against Daniel Legrand son as unfounded. It qualifies the applicant’s confession during the investigation, before it retracts, to “fanciful”. Finally, the court considers “too vague” statements from children to delay the hearing so that they are given “probative value”.
If it is not explicit, criticism of some of the training methods of judge Fabrice Burgaud reflected clearly.
VIDEO. Outreau trial: “I am acquitted,” claims Daniel Legrand
Here is the full motivation sheet of the Assize Court of Rennes:
Motivation Sheet
article 365-1 of the Code of Criminal Procedure
Business: 14/0007
Hearing on 19 May 2015 at 5 June 2015
The Assize Court acquitted Daniel Legrand for statutory rape crimes 15 years and in a meeting, 16/07/1997 to 15/07/1999, in Outreau and Belgium, and related crimes of sexual assault of a minor 15 years meeting from 16/07/1997 to 15/07/1999, Outreau and Belgium.
after considering, in light of the issues outlined in the discussions and deliberations of the Court and the Jury prior to any vote on matters that the accused had not committed the offenses alleged against him, in that:
On 28 May 2001, Myriam Badawi wrote to the investigating judge to inform him that the acts for which she was indicted and écrouée had also taken place in Belgium where her children were taken away to take pictures; it stated in other letters the role of organizer of a man she did not name, but referred to as the “man of the sex shop” and that she was prepared to recognize.
On 3 July 2001, a written Madame B., childminder Dimitri Delay, was handed over to investigators; This document reflected, she said, the names and indications given by the child; it included, among others, and for the first time in the procedure, the reference to “Dany Legrand in Belgium.” This name, however, did not appear in the list written shortly before Dimitri himself.
At no time, Dimitri will be heard either by the investigators or by the judge, to provide details of the name to guide the investigation.
August 23, 2001 the judge instruction was informed by investigators that a young man born in 1981, named Daniel Legrand, was arrested in Belgium in 1999 for theft scam facts and stolen checks, and that his father, born in 1952 , also named Daniel Legrand.
At this stage, no part of the investigation or trial only allowed to make a genuine connection between Dany Legrand in Belgium and both Daniel Legrand identified.
Gold 27 August 2001, Myriam Badaoui, questioned by the judge, suddenly claimed that Daniel Legrand “but actually called Dany Legrand” was the owner of the sex shop and the headend of child trafficking and pedophile character movies France and Belgium; She added that he and his son also named Daniel Legrand had sodomized children.
While Myriam Badawi had not, to date, never mentioned the names of father and son Daniel Legrand, she particularly mentioned in this interview and in his letters and subsequent statements to the investigating judge, so that the circumstances of this denunciation shall not allow themselves to be convinced of their probative value.
His subsequent recognition of photographs of both Daniel Legrand is not decisive as it had access to the investigation file through his counsel, like all indicted.
18 September 2001 Aurelie Grenon also took issue with Daniel Legrand father and son as perpetrators; it stated first of all do not know and said that Daniel Legrand father had attended and had then threatened while he was accompanied by a “young man who must surely be his son”; gold this element of doubt then incomprehensibly disappeared when she answered that Daniel Legrand son had committed rape on children; its recognition in photos, December 10, 2001, under the same conditions as Myriam Badawi, is not likely to provide a serious element, itself having access to the file before interrogation.
5 October 2001 David Delplanque after repeatedly said he did not know Daniel Legrand, on issue of the judge telling him emphatically that there were concordant charges against Daniel Legrand father and son to have committed rape, said that in fact it was
Similarly, the investigator in charge of the arrest and custody of Daniel Legrand son, Jean-Yves Boulard, raised serious doubts at the hearing about the collection of incriminating evidence contained in those three minutes interrogation.
On 17 December 2001 without having previously been questioned on the facts, Daniel Legrand son was facing his accusers in conditions not providing the possibility to highlight possible contradictions implicated in which he was the object; indeed, Myriam Badaoui, Aurelie Grenon and David Delplanque being introduced into the judge’s office at the same time from the beginning of the act. However, during this confrontation, Myriam Badaoui had the floor first, spontaneously described a single rape scene that Daniel Legrand took part and it stood in February 2000, confirmed by Aurelie Grenon scene in these terms “as Madame Delay explained, “when she was attending the couple Delay that from September to December 1998.
The clarifications provided during this confrontation by Myriam Badaoui about the roles played by Daniel Legrand father and son were not supported by the investigations conducted by investigators concomitantly: membership in a structured network, traveling in Belgium, rental of buildings, operating the sex shop in Boulogne-sur-Mer.
In discussions of audience, Myriam Badaoui, Aurelie Grenon and David Delplanque finally indicated not knowing son Daniel Legrand and having falsely accused.
The confessions made by the accused after have maintained his innocence, appear as a desperate attempt and clumsy to be heard of the judge with the primary aim to obtain his release. In any event, their contents are somewhat imprecise and circumstantial (places, dates, description of the facts, circumstances). Moreover, none of the children whom he designated as victims upon presentation of photographic panels in design criticism for not discriminating, and among which are listed neither Dimitri nor Jonathan, cited not his name or surname and, moreover, those which his photograph was shown were not aware it.
Regarding the murder of the girl whom he said he had attended the home of the Delay in order to defeat the accusations of Myriam Badaoui, there was nothing to prove its existence; the investigations conducted as part of a separate folder and reporting were closed by a dismissal, thus reinforcing the whimsical nature of his alleged confession.
The statements of children in Delay During the instruction:
Cherif said about Daniel Legrand father but never challenged son Daniel Legrand in any manner whatsoever despite a judge’s question on this point;
Dimitri never evoked Daniel Legrand and no question was put to him on this point: Jonathan indicated to the judge that the issue on behalf of Daniel Legrand meant nothing to him; Dylan never did state the name Daniel Legrand son.
Furthermore, if no photographer accused was never presented to them during the investigation, it is clear, however, debates, as Cherif, Dimitri and Jonathan did not recognize the accused Daniel Legrand, nor the trial of Saint-Omer or that of Paris.
Moreover, the statements of the plaintiffs at the hearing, according to which each said to have memory flashes as the presence of the accused during 1998, at the home of their parents, in connection with the sexual abuse they denounce, are too imprecise to give them any meaning and give them probative value.
Finally, personality elements of the accused, discussed at the hearing, exclude the person concerned in any sexual deviance pedophile nature.
Made in Rennes, June 5, 2015.
VIDEO. Outreau Daniel Legrand acquitted for the second time
VIDEO. Outreau Daniel Legrand applauded but also insulted after his acquittal new
No comments:
Post a Comment