A burglar who hit his victim on the head with a flashlight is still on trial.
Now his defender changes strategy.
Freising
- The process surrounding the break-in on a property in the Freising district in February 2020 is always good for a surprise. The subject of alcohol had not played a role in the youth chamber of the regional court until the 16th day of the trial.
On Wednesday, defense attorney Silvia Wunderle surprisingly applied for an expert opinion to prove the fact that her client was "at least" partially culpable due to an alcohol addiction.
Public Prosecutor Clemens Albert was more than astonished and referred to the fact that the 22-year-old defendant had driven from Freising to Romania "perfectly" on the night of the crime.
“You can see that he was used to a lot,” replied Wunderle.
Burglars missed victims massive blow to the head
After a brief consultation, the chamber and presiding judge Andreas Wiedemann decided to commission the regional court doctor to prepare a forensic-psychiatric report.
Wunderle's client claims to have drunk ten pints of beer during the day as well as a bottle of vodka and three to four other beers in the evening before he and his 19-year-old brother and a friend set off for the farm.
(By the way: Everything from the region is now also available in our regular Freising newsletter.)
As reported, since March the brothers have had to answer to the youth chamber for attempted murder in unity with dangerous bodily harm, serious robbery and burglary.
According to the indictment, it was the brothers who broke into the property.
When they searched the bedroom of the owner for valuables, he woke up - and received a massive blow on the head.
The 51-year-old suffered an open head trauma and a fractured skull.
The defendant is said to have been "almost permanently intoxicated"
It was a flashlight, the 18-year-old said at the beginning of the trial. But it was not his brother who struck, but the acquaintance. On the last day of the trial, the 22-year-old himself said about his involvement in the crime that he waited by the car that was parked nearby on a dirt road. Until then, he had denied knowing anything about the break-in.
With the report, Wunderle also wants her client to be placed in a rehab facility.
“There is definitely a slope.” Around two years before the crime, the 22-year-old had already drunk considerable amounts of alcohol.
In the end it was two bottles of vodka and lots of beer a day.
At the time of the crime, the defendant was "almost permanently intoxicated".
And even after the break-in, the 22-year-old continued to drink.
In this context, Wunderle referred to a conviction for drunkenness in Romania shortly before the extradition of her client.
Accomplice is still hiding
Regarding an interrogation of the Romanian acquaintance who is said to have been involved in the crime, the court did not come any further on Wednesday either.
It is now clear that the 22-year-old is currently back in Germany.
His whereabouts are not known to the authorities.
The chamber had the police summon the brother in the hope that he would give an address or a telephone number.
But the 26-year-old made use of his right to refuse to testify as a relative.
The process will continue on November 2nd.
(kö)
