The mysterious death of Kreuther millionaire Betty B. five years ago caused a sensation.
During the appeal hearing, the district court reduced the penalties.
Kreuth / Munich
- After evidence of a violent death of the 95-year-old was found in 2016, the suspicion quickly fell on Renate W., who had given the old lady a hand in everyday life.
It turned out that the 56-year-old - together with the caretaker of Betty B.'s property and supported by an art dealer and her husband - cleared the millionaire's villa shortly before and after the death of the millionaire.
The quartet stole antiques worth around 583,000 euros.
The Munich district court, Renate W., acquitted of the murder allegation three years ago - for lack of evidence.
An expert had determined that “a death from suffocation could not be reliably proven by forensic medicine”.
The acquittal for murder was confirmed by the Federal Court of Justice in 2019, as was the condemnation of Renate W.'s husband to one year on probation for favoritism.
The auditors, however, did not agree with the prison sentences for the other three defendants: six years for Renate W., four and three quarters of years for the caretaker and three years for the art dealer.
After the appeal, the arrest warrant was suspended and the accused were released.
Legal quibbles
The case went back to the district court.
What the criminal chamber dealing with the matter still had to decide on yesterday, Tuesday when determining the penalties, sounds like legal sophistication.
Because it could not be clarified whether part of the loot was stolen before (then theft) or after the death of Betty B. (then embezzlement), the defendants were convicted of "theft or embezzlement" in the first trial.
Such an election determination is generally recognized, but not in the relationship between theft and embezzlement.
In addition, a particularly serious case of theft was accepted in the first judgment - because of the high damage and because Renate W. had stolen the key to her house from the old lady under a pretext.
The law provides for such a condemnation if a wrong key is used - e.g. a lockpick - but not if someone comes into possession of the correct key through deception.
Although this does not rule out a particularly serious case, it does require detailed justification.
Confessions have a mitigating effect
The criminal chamber under the chairmanship of Regina Holstein now found that there was no basis for such a justification and reduced the sentences for Renate W. to four years and ten months and for the caretaker to less than four years.
The art dealer even got away with a suspended sentence.
The fact that none of them had a criminal record and made confessions had a mitigating effect - although they only confirmed what was already legally binding.
Holstein emphasized that Betty B.'s trust had been taken advantage of, but had "not been built up for stealing".
With the pre-trial detention of almost three years and five months, Renate W. did not fully serve her sentence.
Holstein indicated, however, that she and the caretaker were "likely" to suspend the remainder of the sentence.
They were left at large.
Andreas Müller
Read here: Everything about the Betty B. case