In the case of a break-in, two perpetrators startle the victim from sleep and then hit him on the head.
The defense wants to sow doubts in court.
District
- "On the overall impression", a farmer (51) claims to have recognized the two intruders who haunted his farm on the night of February 10, 2020.
The 51-year-old from the Freising district described on Wednesday in front of the Landshut district court how he woke up with a “bright light” and saw “100 percent” a former employee and his brother at his bed before a blow hit him knocked him out.
The youth chamber is now faced with the problem that it is difficult to pass a judgment based solely on an overall impression: after the accused brothers let in at the beginning of the trial, only the younger (18) was involved in the break-in, the older (22) would be innocent in the dock to sit.
The defense announced that they might request a neurological report.
This should prove that the victim has a falsification of memory, the so-called false memory effect, due to the powerlessness suffered.
When the burglar tries to take the money, the victim wakes up
The two defendants have to answer in court for attempted murder.
The 18-year-old had admitted that he and a friend had spontaneously broken into his former boss.
There was never an intention to kill.
He had just taken 700 euros from his wallet in the bedroom when the farmer was startled.
The acquaintance then struck once with the flashlight because the boss tried to reach for a stun gun.
The victim suffered a traumatic brain injury and a fractured skull.
The 51-year-old still wears plates in his head today.
He had told the police and the investigating judge that he recognized the brothers because of their motor skills.
In court, he claims to have identified her around the eyes.
When asked by defense attorney Michael Weiss whether he was not blinded by the ceiling lights immediately after waking up, he said no.
Victim professes to remember correctly
As the injured party reported, the employment relationship with the 18-year-old ended in strife.
He threw the 18-year-old from the farm.
During this period, two thefts occurred, said the 51-year-old.
One of them had actually been admitted by the 18-year-old on the first day of the trial.
Judge Andreas Wiedemann asked the 51-year-old whether it could be a "non-reality-based conclusion" because of the anger he had with the ex-employee.
The farmer denied this vehemently: “This evening was live.” But the defense team was also skeptical.
One does not want to diminish the suffering of the injured party and also does not want to accuse him of lying.
However, they consider "unintentional falsification" to be possible.
(kö)
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