Thursday, November 24, 2016

Pardon, Jacqueline Wild will remain, despite everything, in prison – Release

For the past several months, supporters of Jacqueline Wild were made discrete. No question of compromising the fate of the sixties – that its course of judicial erected as a symbol of women victims of domestic violence – by a media switch. After a first refusal of the court enforcement of sentences of Melun (Seine-et-Marne), the Paris court of appeal, which, in turn, rejected on Thursday the request for adjustment of penalty, to which the prosecutor general’s office did, however, not the opposite. In the early afternoon, the judgment behind closed doors was communicated to the lawyers of Jacqueline Wild, which may, however, file a new application for release.

In October 2014, Jacqueline Wild was sentenced to ten years imprisonment by the assize court of Orleans for aggravated murder. This sentence had been confirmed, on December 4, 2015, by the court of appeal of Blois. Fact extremely rare, the inmate was partially pardoned by the president of the Republic. Back on the case in the four questions.

Why Jacqueline Wild has she been convicted ?

September 10, 2012, the sexagenarian argues with her husband. As often. This time it is question of the resignation of their son, Pascal, of the transport company family. His mother is still unclear, but the latter committed suicide on the same day. After suffering insults and admonishments, Jacqueline Wild takes sleeping pills and goes to bed. According to his story, she wakes up under the blows of her husband, who ordered him to go prepare the meal.

at this time, I had a flash in the head, she said during his trial in 2015. I took the rifle in the room, I loaded. He was down on the terrace, sitting in the back. I got closer, I pulled, pulled, pulled, closing his eyes. I hesitated, for the third shot.” Norbert Marot died on the spot. Jacqueline Wild confided that she has, by this gesture, put an end to 47 years of hell marriage during which she was beaten and raped. The man, described as tyrannical, and alcoholic by the accused, would have also raped two of his daughters, but the fear of their father would have been unable to make a complaint.

read more The portrait of Sylvie Marot, one of the daughters of Jacqueline Wild

A priori, the facts are crystal clear : Jacqueline Wild has shot and killed her husband, she does not contest it. However, this folder will prove soon much more complex than it seems. The accused says waking up to 16 hours and may be passed to the act in the aftermath. However, the shots are heard to 19h20. Similarly, no complaint has ever been filed by Jacqueline Wild, be it for violence or rape. No trace of sleeping pill has not been found in his blood. These different elements raised, among others, in the first instance and in appeal has definitely led to the conviction of Jacqueline Wild.

Jacqueline Wild she acted in self-defense ?

During the appeal trial, the defense team of Jacqueline Wild, Mes Nathalie Tomasini and Janine Bonaggiunta, has made the choice to plead an acquittal on the basis of self-defence. Article 122-5, paragraph 1st of the code of criminal procedure provides that : “is not penally responsible the person who, in an unjustified infringement to themselves or others, accomplishes, at the same time, an act ordered by the necessity of self-defence of itself or others, except if there is disproportion between the means of defense used and the gravity of the infringement.”

In the case of Jacqueline Wild, this argument can be heavily disputed: Jacqueline Wild has indeed taken hold of the gun several minutes after the blows it has received in the face, and shot his attacker. The response was neither “immediate” nor “proportional”. The jurors ruled out any premeditation, but refused to issue “a license to kill”.

The lawyers of Jacqueline Wild, Janine Bonaggiunta (à g.) and Nathalie Tomasini, 12 août 2016. Photograph: Alain Jocard. AFP

The lawyers Jacqueline Wild, Janine Bonaggiunta (g.) and Nathalie Tomasini, August 12, 2016. Photograph: Alain Jocard. AFP

Why Jacqueline Wild has she been pardoned ?

The verdict of the court of appeal has caused a real stir national. A a petition launched by his two daughters, Carole and Sylvie, calling for the “full grace” of the detainee collected 400.000 signatures. time, Release conveyed this request to the A : “Mr. President, Free Jacqueline Wild.” A support committee was also established, bringing together, among others, the mayor PS of Paris Anne Hidalgo, the ecologist Daniel Cohn-Bendit and the voice of the left Party Jean-Luc Mélenchon.

A Libération du 23 déDecember 2015 - Jacqueline WildThis support from the media has propelled Jacqueline Wild to the rank of a symbol of women victims of domestic violence. Without a doubt sensitized by the magnitude of the movement, the President of the Republic has yielded to this movement without necessarily forsaking justice. It is as well as the 31 January last, he was partially pardoned Jacqueline Wild. More specifically, it granted “discount graceful of his prison sentence of 2 years and 4 months, as well as of the entire period of safety, it still remains to be done. This grace enables him to immediately submit an applicat ion for parole”. If Jacqueline Wild remains convicted of aggravated murder, it can be said, therefore, to an early exit from prison.

Why Jacqueline Wild has she not been able to get out of prison at his first demand ?

It is a decision that first created the surprise. On August 12, 2016, the application of the sentence court has rejected the parole application of Jacqueline Wild, not following the orders in favour of the prosecutor of Melun. In a decision that is very motivated – a little more than fifteen pages –, the judges have criticized Jacqueline Wild “not enough to question his deed”.

His lawyers have added:“In the report, it is stated that the notion of the forbidden, there is not yet really integrated by Mrs Wild. The meaning of the sentence escapes him, and she was supported in this position by the support it has received, the very rapid evolution of his criminal situation and the media coverage of his case.”Jacqueline Wild would, therefore, have not sufficiently worked on his personal responsibility. Cuch media coverage which has certainly helped to obtain a pardon, therefore, had played negatively.

To justify its decision, the court of appeal has returned, in large part, all of these arguments. She believes that Jacqueline Wild continues “to pose as the victim, ( … ), while calling into question the element of intentionality”, “his thinking remains poor and limited, since it is still struggling to this day to have access to a real and genuine sense of guilt”. The court also notes that the speed with which Jacqueline Wild has used his right to apply for parole, after the presidential pardon in January, and the “media folder” made “his thinking and his awareness more difficult and complex on the meaning of the sentence,”.

Julie Brafman


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