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The defendants Stephan Ernst and Markus H. (front) with defense lawyers: What role did H. play in the murder of Walter Lübcke?
Photo: Thomas Lohnes / dpa
Dirk Waldschmidt marches steadfastly to the place reserved for him on this 26th day of the trial for the murder of Walter Lübcke before the Higher Regional Court in Frankfurt am Main: the witness stand.
The lawyer, who is active nationwide in the right-wing scene, should provide information on the extent to which he influenced the defendant Stephan Ernst in his testimony.
The alleged murderer of the Kassel District President has presented three types of crime since his arrest.
The State Security Senate has to find out which of these three confessions comes closest to the truth.
In version 1, Ernst stated that he had killed Walter Lübcke alone.
In version 2 he was allegedly an accomplice of Markus H., who accidentally shot the CDU politician.
And in version 3 he claims to have been at the scene with Markus H., but shot himself.
Was H. the puller in the background?
For the Federal Prosecutor's Office, Stephan Ernst, 46, is the main culprit: On the night of June 2, 2019, he killed Walter Lübcke, who was sitting on the terrace in front of his house, smoking a cigarette with a Rossi .38 caliber revolver.
Ernst is charged with murder, his buddy Markus H. is charged with accessory to murder.
However, there is no evidence that Markus H. was at the crime scene in Wolfhagen-Istha in Hesse.
So what role did he play in the murder of Walter Lübcke?
Was he the puller in the background?
Did he incite Ernst until he took up the weapon?
What is the right-wing scene about the accused?
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Lawyer Dirk Waldschmidt at a trial against an alleged member of the right-wing group "Aryan Circle" in March 2020
Photo: Frank Molter / picture alliance / dpa
Dirk Waldschmidt could have answers to these questions.
He was once one of the leading activists of the Hessian NPD and deputy state chairman.
It is considered to be well-wired in right-wing circles;
as someone who defends neo-Nazis out of conviction due to the common sentiment.
A role that he likes.
He explains to the court that he has "a lot of contacts with lawyers who are defamed as scene lawyers" and is called a "guru" of the right-wing scene in Hesse, adding: "What is nonsense."
It sounds complacent.
Did he seriously advise a false confession?
Did he urge him not to incriminate Markus H.?
Did he seriously promise financial support for the family in return?
The survey begins with a loud argument about the release from confidentiality.
The presiding judge Thomas Sagebiel is (once again) annoyed and threatens (for the first time) with joint detention if Waldschmidt does not answer the questions of the court.
Stephan Ernst claims that his first confession was based on recommendations from Waldschmidt.
This had advised him: Ernst, whose DNA was secured on Walter Lübcke's shirt, should adhere to the code of honor - and keep Markus H. out.
In return, people with whom Waldschmidt is in contact would support him and take care of Ernst's family and his house that has not yet been paid off.
Waldschmidt denies.
At first he thought Ernst was innocent and the DNA trace on Walter Lübcke's shirt could be explained.
In addition, Ernst presented a friend and work colleague who gave him an alibi.
"That wasn't a right man, not a typical perjury witness, but something decent," says Waldschmidt.
"I thought that when he was interviewed, Stephan Ernst would come out of custody again."
"The comrades would help us"
When the suspicion against Stephan Ernst was confirmed, his wife contacted him several times and was concerned, says Waldschmidt.
He reassured her: "Don't worry! If you don't get legal aid, I'll defend you pro bono, which means you don't pay anything for it."
In court, however, Ernst's wife said that Waldschmidt had left a message on the answering machine that "our comrades would help us".
Waldschmidt doesn't want to know anything about that.
Rather, Ernst asked him after his first admission about his chances of receiving support from the scene.
Ernst compared himself to Ralf Wohlleben, the former NPD functionary who was sentenced to ten years imprisonment in the NSU trial for aiding and abetting murder.
Wohlleben had "received massive support from the right-wing scene," says Waldschmidt, and then told Ernst that he should "look at what he did and what Wohlleben did".
It is an allusion to the fact that Wohlleben did not fool anyone.
Waldschmidt first heard the name Markus H. after the first confession, he claims.
At this point everything was too late anyway.
Waldschmidt claims to have spoken to Ernst's conscience, "with little empathy," as he emphasizes.
"How are you going to expect support from the right-wing scene, now that you have named people who are said to have delivered you weapons. You are now persona non grata in the scene."
And he also told him that he had "given everything out of hand".
"We could have explored a deal," says Waldschmidt.
In the event of a conviction, Ernst wanted to get away from a life sentence.
Judge Sagebiel insists: So Waldschmidt didn't ask Ernst in the run-up to the first confession to take all the guilt and leave Markus H. out and get help from the scene?
- "No."
- Not even to the wife?
- "No."
Waldschmidt goes to court that he knows guys who would want to support you like Ernst: who open the first beer from the second case at 11 a.m., are proud of it and collect Hartz IV.
Their support is enough for a collection, for which you can buy a pack of Marlboro in the end.
Waldschmidt obviously also knows the other kind of guy: those who financially support imprisoned right-wing extremists.
Or, as he puts it, "an organization that looks after national prisoners".
This is also of interest to the representatives of the Federal Prosecutor's Office.
Public Prosecutor Dieter Killmer wants to know whether he is aware of financial support from the right-wing scene.
"I can't say," replies Waldschmidt.
"Do you know support networks?"
There is something there, but it is "very rudimentary" and "not as pronounced as the Rote Hilfe", an association that supports left-wing activists.
How did he know? Asks Killmer.
"From preliminary investigation."
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