A motion for release from custody was submitted.
Innsbruck (OTS) – At the end of August 2022, 6-year-old Leon was found dead in the Kitzbüheler Ache. In February 2023, the boy’s father was arrested as an urgent suspect and has been in custody ever since. But now the defense has filed a motion for release from custody – with good reasons.
Because the lawyers dr. Albert Heiss (lawyer for the accused father) and Mag. Mathias Kapferer (Leon’s mother’s lawyer) list a whole series of arguments, facts and questionable conclusions made by the investigating authorities.
From their perspective, there were mishaps and errors during the investigation and crime scene work. This is also confirmed by commissioned reports from renowned experts, which are now available. Premature conclusions and determinations were made with regard to the father’s possible perpetration.
The facts and criticism in detail (excerpts):
1.) Inadequate forensics and evaluation:
The evaluation of the traces at the crime scene remained grossly inadequate and was partly carried out against the state of the art. Evidence is therefore no longer usable.
Not even half of the shards that may have come from the bottle were secured. Some of the shards were found by private individuals even days after the incident and handed in to the police. Video recordings also show that several days after the incident, shards were disposed of at the crime scene by a street cleaning employee (!). The bottle is viewed by the police as an instrument that the accused would have used to injure himself.
2.) Violation of the principles of objectivity:
Investigating officers have demonstrably and recorded an advance assessment of evidence – which is inadmissible according to the Code of Criminal Procedure.
Evidence such as video recordings were not secured despite appropriate opportunities.
3.) Evaluation of cell phone data:
When evaluating the accused’s cell phone data, the officers from the State Criminal Police Office used software that had significant errors. The police’s accusation that the step recordings on the cell phone constitute evidence is untenable – which is also proven by external expert reports. The claim that the accused googled the term “fainting” in preparation for a fake robbery is equally untenable
„The meticulous approach and planning of the crime that the accused is accused of based on the cell phone analysis cannot be proven
“, says attorney Dr. Albert Heiss.
4.) Glass bottle as an instrument of crime?
Due to this incorrect preservation of evidence, it is not possible to assess what the actual instrument was, especially not regarding the glass bottle.
Contrary to what the police say, from a medical perspective, a third-party injury is more likely than a self-injury.
The DNA analysis of glass shards revealed no evidence that these shards came into contact with the accused. “Expert reports confirm that another murder weapon (e.g. a baton) is also possible
“, says attorney Dr. Albert Heiss. DNA traces of an unknown male person were also found on the glass shards.
5.) Where is the motif?
„The police’s assumption that the accused or his family were in a desperate situation can be clearly refuted by numerous witnesses, video recordings, written confirmation and, last but not least, by a report from the field of communication sciences
“, states Attorney Mag. Mathias Kapferer
From the lawyer’s point of view, the following facts speak against this:
Leon’s health situation had improved significantly. Videos show that the boy was a happy and mobile child despite his impairment.
There have already been clarifications regarding kindergarten and later school attendance.
The day before the attack, the accused took care to improve the situation in the kitchen of the family’s apartment.
In addition, several video recordings in various situations prove that there was an excellent and extremely loving relationship between father and son.
„The assumption that there was an overwhelmed family here and that this is why the alleged crime occurred does not correspond to reality at all
“, emphasizes Attorney Mag. Mathias Kapferer.
Summary:
From the defense’s point of view, the strong suspicion is not tenable.
There is considerable evidence of the accuracy of the accused’s statements.
The authorities completely misjudged the motive.
Questions & Contact:
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