6th day of trial in Aachen 07.04.2005
Today the trial began 10:20. Before that the division informed the defensive lawyers via fax about the refusal of the application of bias.
This 6. day of trial when Gabriel appeared in his shorts again and the defendants got applause in the beginning, started out with an application of Gabriels lawyer Martin Poell. He demanded to hear Mr. Kraemer, the officer-in-charge as witness. With hearing him it was intended to prove that at 15.03.05 in a meeting between Nohl and Kraemer Nohl ordered to check the copies of the audience ID cards, that it has been a decision of the conference if the police didn’t act abitrary.
(All applications can be found at www.escapeintorebellion.info.)
Rubarth, Gabriels second lawyer, opposed to the application of prosecutor Geimer (5. day of trial) to exclude Gabriel ’cos of disregarding the court and intentionally causing sickness to himselfHe said the insinuation of Geimer is not just false but also cynical. When Gabriel suffered from problems with breathing at the first day of trial ’cos of the means of transport with putting a bag on his head ’cos he is asthmatic Geimer didn’t ask about Gabriels condition. Rubarth moved for an opinion of an expert witness which will result in the fact that the temperature is okay and won’t cause any affects on the physical condition. Further he applied for supervision by a doctor.
Joses lawyer Ulf Israel said the defense knows that there are two members of the ministry of interior present who also take notes. He would like to know if Nohl knows about this. Because Nohl didn’t know about it he promised to take care of this.
Further he complaint about the "safety measures" before and during the transport, as well as at the arrival at the cell in court where they have to wait. He wants to hand the files to the Regional Appeal Court. Joses lawyer Pusch agreed with this.
At 10:30 the first witness of the day, the detective Bergs from Aachen, was called up. He did the interrogation of Jose on 28.06.04, an interpreter was present as well. At this time he had a passport with the name "Pombo Rodrigues" with him.
Jose was calm and composed, not aggressive. It was a relaxed calm atmosphere in general. Jose himself did neither speak nor understand german. He did just make statements about his person. To the interpreter he just said two/three sentences, something like it wasn’t his fault, the cops are responsible, he didn’t not shoot at aim ’cos he didn’t want to hurt anyone.
Bergs did also the interrogation of Gabriel who had at this time a passport on "Cataldi" with him. Later they heard from Spain who both of them really are. It was the Federal Frontier Guard in Koblenz that found out that the passports had been "totally" faked.
He said Gabriel was more indignant and angry than Jose during the interrogation where he made no statements at all, but still not aggressive.
Further Bergs said that in the car of the offenders a map of dresden with marks was found. The colleagues from Dresden found out it has been been marks of all the police stations and two arms shops. Till then none accordingly crime had been commited in this year (2004) in Dresden. Because of that a house search barren of results was done in Dresden. The women got all the confiscated stuff back in the meantime (which isn’t true, the supporters).
Further maps for Belgium and the southern part of Germany were found but without marks. The money they found was checked without success for possibly being registered.
The next witness, officer van Hasselt, said he and a colleague heard about the hostage-taking at the gas station via radio. But when they arrived there the offenders did already escape. After that they were guided by "fragments of radiogram" and found the empty Mercedes close to a garage where the offenders entrenched. When one person left the garage they didn’t know is it an offender or an employee of the garage and asked for his passport. The man said a wrong name and when searching him they found a driver’s license for "De Geeter". He neither had any weapons nor other dangerous things with him and was relaxed, not aggressive. But in the beginning he prentended to not understand what they were talking about.
The expert witnesses asked van Hasselt if Bart was sleepy or giddy and the speach blurry ? Van Hasselt said Bart just spoke a few german words, but he couldn’t detect anything concerning drugs and alcohol.
Witness Daniels, another officer from Aachen, did sign the information of arrest for Begonia. He picked her up at the gas station. Begonia was talking about a children. They promised to check that. She was furious but not aggressive. He didn’t had the impression that Begonia took drugs. In the presidency he did hand over Begonia to the officer in charge.
Because there were no more witnesses present at the moment Martin Poell filed in the already announced application for evidence. He applied for hearing Theo von Hoven who is the correspondent of the United Nations and could report about torture in Spain. Von Hoven could testify about the "Incomunicado" after arrests in Spain what means five days after the arrest without any chance to contact fellows or laywers. Techniques such as "torture of suffocation" (putting a bag on someones head, head under water), beating the sole of the foot and elektroshocks are common there today. Constant repetition of undressing is part of humiliation, too. The methods here are similiar to the torture in Spain ’cos of its constant repetition. The testimony von Hoven could make psychiatrist Hinueber should take into consideration in his opinion he did last time about Jose. Rubarth, Israel und lawyer Pusch agreed with that.
Further he moved for summon Mr. Hernandez of spanish prison support group SALHAKETA who could witness to the methods used in spanish prisons. He could also report that in 2004 203 prisoners died ’cos of torture. Hernandez could testify that for people like Gabriel the situation can be very tough ’cos he doesn’t want to give up his dignity. Gabriel wasn’t allowed to see his mother since 1986, he was beaten in FIES regularly, moved from one prison to another constantly to prevent any contacts with other prisoners. This are common methods against rebellious prisoners. The means of transportation are miserable and ’cos Gabriel knows all this he didn’t want to go back to prison.
The apply for evidence Rubarth, Israel und Pusch agreed with.
After a short break officer Faltin was called up as witness. He witnessed to the taking of Begonias fingerprints and photographs. Begonia refused to allow them to take photos of her, turned away instead of facing the camera. Giving fingerprints she resisted as well, crouched on the floor and crossed her arms. It was told her a few times that these things can be done with force and that it will hurt then. With using a special hold of her arm he forced Begonia to stand up. But she clenched her left hand what resulted in fixing her down on the floor, on her belly. She went on resisting the treatment with moving her upper part of the body. Because of that there was need for using a hold that pushed her hand close to the forearm.
Colleague Schneider spoke to her kindly in order to calm her down and that resultet in cooperation. When he was asked about the time this treatment took he said that when doing such activities his not good at telling how long it took. Gabriel screamed now it is called "torture" and not "activity". Nohl felt like it is time now to swing the hammer and said it can’t go on like this and further disturbances by the audience won’t be accepted.
When he was asked again by the defense Faltin said it wasn’t exactly pain Begonia was threaten with.
He said Begonia was aggressive and not okay with the treatment. When they checked her for traces of powder she didn’t resist and was amenable.
Alcohol and drugs he couldn’t detect.
He explained how that special hold of the arm works and that it hurts.
When Pusch, the lawyer of Begonia, began with questioning Falting Nohl reprimanded him ’cos he thinks Puschs way of questioning is condescending. What followed was an argument between the Judge and the defensor. Followed by Pusch asking if Begonia asked for getting in touch with her daugther, Faltin couldn’t rember that. When Pusch asked Faltin why Begonias fingerprints and pictures where taken he said "taking hostages and attempted murder or manslaughter".
Right after that officer Herzog who was also involved in taking fingerprints and pictures of Begonia had to appear in court. She confirmed the testimony of Falting concerning the force used to take fingerprints and said Begonia "was not willing to cooperate". When she was asked if Begonia was threaten with pain she replied "Yes, few times !". Further she testified that Begonia asked for speaking to her daughter, but she wasn’t responsible for that and it will be possible at the officer in chief later at the interrogation.
Sie explained which forced was used to take Begonias fingerprints. They took the top of her thumb and pushed backwards, a pushing backward of the nail isn’t unpossible then. But Begonia behaved stubborn.
Super detective Simons testified about taking Begonias fingerprints and pictures, too, the coercive measures following her refusal and her missing interest. She was not friendly, but at the same time not unfriendly.
Because she insisted on calling her daughter, people told her she could do this afterwards. But without making any promises ’cos the officer-in-chief didn’t make any promises.
He was involved in the coercive measures actively only when Begonia was fixed on the floor, he hold her arm. He wasn’t speaking about "causing pain", just about "force".
Israel asked Simons if they were thinking about allowing Begonia to do the phonecall first and then do the fingerprint- and picture-taking stuff, he replied : "No".
After another break Poell asked Nohl again what is happening with the copies of the ID cards of the audience. He heard that an officer said to a judical officer that she will return the copies quickly. When someone of the audience stayed right where the copies were it caused some kind of anxiety and nervous looks where exchanged.
Nohl said he knows nothing about it. Geimer wanted to know who the informer is. Nohl wants to take care of this.
The following witness was officer Schoenen who heard together with his colleague on radio that at the gas station "Stangenhaeuschen" the passengers of a car entrechend behind it and opened gunfire. They went to the gas statio where an officer of the Federal Frontier Guard spoke to them and said the offenders escaped with an old BMW of the 500 series and a license number for Kassel. The search is out and the car chased. They didn’t participate in the chase and just got in action at the garage. There three persons came out and gave up. One of them said he would be a hostage what they wanted to check out later, for now they had to crouch and then lay down on the floor. He arrested Gabriel in whose passport the name "Pombo Rodrigues" was mentioned. They searched him, not very carefully, and found nothing. Federal Frontier Guards took something from his left pocket.
The arrested person neither spoke nor understood german, he was bald, only short hair. Drugs and/or alcohol he did not find out about.
Olaf Franke, the lawyer of Bart, asked if Schoenen can remember what was exactly said on radio when fire was opened from inside of the escaping car. Schoenen couldn’t remember what was said, but he did know that the colleague was speaking almost unbelievable "extremely calm". Further he testified that that the person on radio said "shooting on us precisely" and the guy who is shooting is sitting "in the back left on the window".
When Schoenen could go officer Ullrich appeared in court as witness. He had been at the police station when a call came in for all officers to get on the street ’cos there is a car escaping within the city center. They used the radio and sight to orientate. Their next spot was where the car used for the escape was left behind empty. Right there where two Federal Frontier Guards and two civilians, the hostages. When they found out both of them were not harmed they arranged that someone took care of them and followed the second car of the offenders. At the garage the situation got hopeless and the offernder left the garage with hands up, He had no contact with the arrested ones. Further he has not seen a third person that came out of the backdoor of the garage and got arrested.
The witness Otten who was doing a special action for the Federal Frontier Police dressed as a civilian on 28.06.04 heard on radio together with his colleague about the shooting and chasing. They decided to go to dutch border where colleagues did already block the border. Via radio they did get to know about the garage and went there where they found the Mercedes (car used for escape) in the area of the garage and barriered the place. Two colleagues said they did already arrest a man, but they didn’t know if he is one of the offenders of the garage. Three more man with hands up came out of the garage. 8 to 10 officers went to the one man who said he would be a hostage. The other two he didn’t understand. They had been calm and didn’t resist their arrestment. The man he and his colleague searched and handed over to lock-up neither understood nor spoke any german. They found no weapons, later he heard one of them should have had a gun in his shorts.
5 to 6 meters away from him the second person was arrested who, what he tought, could understand a bit of german.
When he was questioned about what exactly was said on radio he replied it was confused and hectic. He just remembered "a shot at the gas station".
Police head foreman Patriarca, the next witness, heard together with his colleague about the escape and the shooting on radio, too. He repeated just what the others testified.
After the witnesses were heard Nohl explained that
- the division is sharing the opinion about the content of the video recordings of the surveillance camera at the gas station with the defense of Bart (see report of former day of trial)
-the application of Jose to hear the embassador of Spain will be dismissed
-although Gabriel and Jose made complaints about the order of special means of security nothing will be changed about this. They were taking this into consideration, but the extraordinary danger of escape and the possible hiding of dangerous objects allows no other technical possibilties.
Joses appeal to put him on leave ’cos of the continuation of the current means of security was turned down.
-the appeal of of the prosecutor to exclude Gabriel was turned down. The wearing of shorts only and labelling the judge as a "fascist" doesn’t justify the exclusion yet.
(details on that can be found under www.escapeintorebellion.info)
When the division finished reporting its decree the defense asked for a break followd by Israel asking why the division can’ t imagine other technical possibilities as practicable. Nohl said it is decided and that it is okay.
Israel wanted to know whom he talked to regarding other possibilites what Nohl couldn’t answer. But he said that he was thinking about it and at the moment nothing else is possible.
Poell wanted to know how Nohl realised the "dangerous objects" and "the high danger of escape". Nohl said he experienced a lot already. He is also not a witness and no longer willing to answer all these questions. Further questions should be written down.
In the end Nohl said he talked to the administration and they told him that on 21.03.05 an inquiry was made if it is okay that two members of the ministry of interior visit the trial. They said it is a public trial and they can visit it.
Regarding the general situation in court, now there are more plainclothes policeman than supporters there. That’s ’cos more and more cops come, but also that there are still seats available for visitors.
The next day of the trial will be 13.04.05 at the "Landgericht Aachen", room 339.