Tag: due process

Not guilty verdict in Jörg Kachelmann (false?) rape accusation trial

The Mannheim District Court acquitted Jörg Kachelmann from the rape charge due to lack of evidence – but there is no peace in sight: Kachelmann’s defending lawyer, Schwenn, harshly criticized the court, women’s rights activists also criticize the trial and Alice Schwarzer demands respect for the moderator’s ex-girlfriend.

The verdict is not yet final, the criminal investigation department will decide whether to appeal the verdict within the week (Der Spiegel)

Die Zeit speaks of a second-class acquittal, saying the 5th criminal division of Mannheim’s District Court […]

‘spared no efforts in trying to support the accusation of rape made by the (moderator’s) ex-girlfriend. However, it failed to do so, on the contrary, the further into the case hearing, the suspicious facts dissipated. And finally, after hearing all witnesses and questioning all experts, the judge only had one option: an acquittal.’

The verdict is "Not guilty" for Jörg Kachelmann

If in doubt, decide for the accused. Jörg Kachelmann was acquitted of the charges of having raped his ex-girl friend. According to the Mannheim court, there was not enough evidence to convict. It was not proven that the 52 year old Kachelmann had threatened the woman with a knife and raped her, in February 2010, after a relationship argument.

Presiding judge Michael Seidling said, the judgment is not based on the court being convinced of Kachelmann’s innocence, nor convinced of a false rape accusation by the accuser. A man could not be convicted by mere suspicion. That suspicion was diminished during the trial, but not totally disproved.

Kachelmann will be indemnified for his time in jail, and the court cost will be paid by the government.

Finally, the international press starts reporting. But no major details

The German press report in great detail. Even rainbow press Bild.de has valuable information

Kachelmann ACQUITTED of rape charge

Kachelmann pensive, his lawyer smiling
Court: in dubio pro reo – star lawyer criticized

The Mannheim District Court has acquitted Jörg Kachelmann of the rape charges placed against him by his ex-girlfriend. It was, however an acquittal due to want of evidence, and this was clearly reflected in the verdict summary: “Today’s acquittal is not based on the fact that the court is convinced of Mr Kachelmann’s innocence and, conversely, of the joint plaintiff having made a false accusation. However, after recording the evidence there is reasonable doubt about Mr Kachelmann’s guilt. He is hence to be acquitted in accordance with the ‘in dubio pro reo’ principle.“ […]

The court also said that the suspicious facts had “lost in strength, but not disappeared” during the trial. […]

Kachelmann is to be indemnified for the time he was held in remand. The legal cost will be borne by the state. The 52-eyar old seemed petrified before the verdict was announced. […]

The victims‘ support organisation Weißer Ring now fear that victims will chose not to report a rape, said its spokesman.

Depite the acquittal, Kachelmann will not return to the ARD. “As long as the case has not been closed and verdict is not final, we see no reason to decide on this” an ARD spokesperson said.

The joint plaintiff is considering appealing against the verdict. […]

Chief Judge Michael Seidling said: “We are convinced of having made the correct decision from a judicial point of view. But we are not satisfied by it. We are releasing the accused and the joint plaintiff with a potentially permanent suspicion; him of being a potential rapist, and her of being a potentially vengeful liar. (…)” […]

[Feminist} Alice Schwarzer: One must continue respecting the potential victim. Maybe she said the truth, maybe she did not. One can not know. Bild.de

Justice  has NOT been done yet

Justice has not been done yet.  A strange accusation ruined the life of a successful prominent man. In typical fashion, as it exists only in rape accusations, he was jailed for 4 months, on the mere accusation of a single woman, with not a shred of proof.  His girl friend of over 10 years was allegedly raped exactly on the day she allegedly found out he was unfaithful and they split, after an argument. 

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Kachelmann trial: Jörg Kachelmann’s court verdict May 31. Not guilty?

The verdict in the Jörg Kachelmann rape trial in Germany will be out on May 31. Human Stupidity plans to report as soon as possible.

132 days in jail, 43 days in court, starting September 6, 10 expert witnesses, several ex-girlfriends as witnesses. Only vague circumstantial evidence. No proof. Jörg Kachelmann rape trial without evidence but with clear prosecutor misconduct, victim’s lies.  Unfortumately, the public was excluded from major parts of the trial, thus nobody really knows all the relevant details of the case.

The world press reported the beginning of the trial and then just shut up and ignored it. Certainly they will report on the verdict.The German press reports in detail about Kachelmann.

The prosecution demands 4 years and 3 months, the defense wants an acquittal.

Human-Stupidity Analysis

All this messy court case, career destruction, jail time, ruinous cost for defense and expert witnesses is due only to

  1. removal of due process from our court system in rape and child abuse accusations.
  2. the lie that "all men are rapists". If it were not for the feminine myth that all men are rapists, the burden of proof would be really high to think that such a man would, out of a sudden, violently rape a woman at knife point:  A famous, well known, civilized and non-violent man that has a dozen girl friends and millions of female fans he could pick sex partners from.

German press reports about the Kachelmann rape case.

  1. Joerg Kachelmann | Die Zeit

  2. Topic Kachelmann | Der Spiegel

  3. Bild.de, about Kachelmann: the rainbow press paper hired arch-feminist Alice Schwarzer and tends to be anti-Kachelmann.

Jörg Kachelmann rape trial without evidence

The Jörg Kachelmann rape trial is the sensational trial of the year in Germany. A famous TV anchor whose program once went viral on YouTube, sex, multiple girl friends delight the rainbow press.  Serious press organs like "Der Spiegel" and "Die Zeit" arrived at the sensible conclusion that there is absolutely no evidence to support the accusation (or rather,  it appears to be a painstakingly planned false accusation).  In spite of mounting evidence to the contrary, feminists, led by feminist Icon Alice Schwarzer continue convinced that Kachelmann is guilty and accuse these press organs of partiality.

Rape trial without evidence

The so-called objective evidence in the rape case against Jörg Kachelmann, allegedly held by Mannheim Public Prosecutor’s Office, doesn’t exist. Several expert witnesses have so far testified in the rape trial. None found any supporting evidence that Jörg Kachelmann raped Simone D. On the contrary, the evidence contradicts the alleged victim’s story.  Additionally, the alleged victim, who had accused her ex-boyfriend of raping her at knife point, had to admit to having lied and fabricated some of the evidence herself.

On the other hand, the court painstakingly interviewed various ex-girlfriends of Kachelmann, who had absolutely no knowledge about the  alleged incident, but could only smear Joerg Kachelmann’s reputation. Some girl friends earned major amounts for interviews in the rainbow press, but at the same time insisted on privacy during their court hearings.

The prominent Swiss weather anchor Jörg Kachelmann, working for German television, was held in remand for several months before the rape trial held its first hearing, despite his claims of innocence, and despite the absence of any flight risk. Adding to this the non-existent danger of collusion, this jailing of a suspect, based on nothing but unproven allegations, amounts to breach of due process.

Surprisingly, the English speaking press has absolutely no coverage about the Kachelmann rape trial. Therefore, Human-Stupidity undertook the trouble of improving on Google translations to publish the translated text of an excellent article Two bruises but no other findings by  German News Magazine "Die Zeit

Two bruises but no other findings in alleged rape case

Did Jörg Kachelmann rape his lover Simone D? The experts’ interpretation of the evidence differs from that of the prosecution.

The Mannheim District Court has been hearing Jörg Kachelmann’s case for six months now. That’s how long the 5th criminal division has been searching for evidence to prove that the accused weatherman of the first German television channel raped his occasional mistress, Claudia Simone D. The search has so far been futile. In fact, as the case progresses, incriminating evidence steadily dissipates.

On 9 February 2010, the 37-year old Simone D. made a police statement according to which, after a row in her flat, Jörg Kachelmann raped her at knife point and threatened to kill her. The Mannheim Public Prosecutor’s Office had always made a public pretence of having objective evidence indicating the defendant’s culpability. This assertion, however, has been seriously challenged over recent months.

German courts deal with rape cases on a daily basis. That the Kachelmann proceedings have turned into a mammoth case without an ending in sight is not unrelated to the fact that investigators spent weeks interrogating the victim/witness without questioning her statements. The Kachelmann case proves beyond doubt that, in this day and age, no potential victim of a sexually related crime need fear the authorities. Rape victims humiliated and bullied by the police and judiciary were merely a post war phenomenon, now long gone, though still preferentially exemplified by women’s rights activists. Today, a woman who reports a rape in Germany can expect a maximum of discretion, understanding, solidarity and attention. The extent of this is demonstrated fully on Simone D.

The criminal investigation department accepted the rape story of Kachelmann’s girlfriend without any verification of her statement. In a remark made immediately after the report on 10 February 2010, the female interrogating officer from Schwetzingen wrote: “We feel the woman is making a credible impression”. When questioned by the court six months later on the basis of this evaluation, the police officer was unable to respond.

Credulity and naivety – unexpected qualities in a judge – were also displayed later, in the witness statement before the Mannheim District Court by the custodial judge, who ordered Kachelmann –pleading innocence – to be held in remand on 10 March 2010. The judge stated, as reason for the arrest warrant, that Kachelmann’s version, according to which he first had consensual sexual intercourse with Simone D. but then left after a jealous outburst from her, simply did “not appear plausible” to him. In addition, he held it on assumption that “someone who accuses another of committing a criminal offence would be telling the truth”.

Accusers are always believed. Especially rape accusers. In spite of evidence that false rape accusations have been a weapon of choice since biblical times and nowadays are endemic. Credible experts from police and academia estimate that 20% – 60% of rape accusations are false.  Of course, feminist writers vehemently disagree. (Additionally, most rape accusations are not about forcible rape in the traditional meaning of the word.

The Mannheim Public Prosecutor’s Office has also been supportive of the victim/witness from the beginning, although the woman, whose hopes had been dashed by Kachelmann, would have very understandable motives for a false accusation. The Public Prosecutors continued to support Simone D. even when, in the course of the investigation, she admitted to not only having lied in parts of her statement, but also to fabricating some of the incriminating evidence herself (see ZEIT file “Schuldig auf Verdacht” from 24 June 2010).

When her manipulations were discovered, at the end of April 2010, Kachelmann had already spent a month in custody. In spite of this the Public Prosecutor’s Office dismissed Simone D’s attempt to mislead the court as a “minor issue”. 
Source: Two bruises but no other findings | Die Zeit

The Hofstra rape case is an example where 4 men were jailed and on the verge of getting 20 year verdicts based on the contradictory accusation of one lone girls. Only video evidence cleared the falsely accused.

This clear bias in favor of accusers can be found world wide. The Obama administration ordered US colleges to convict rape suspects in internal administrative proceedings by preponderance of evidence, a far cry from "beyond reasonable doubt".  Add to this panel members totally biased in favor of the accuser, and a conviction is virtually assured, no matter how flimsy or patently wrong the accusation.

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