At the start of the trial before the regional court in munich, the 41-year-old initially refused to testify. The defendant had been released from secure custody and subsequently wore an electronic shackle – this was to prevent further crime. Nevertheless, in april 2012, the man is alleged to have molested a girl who was seven years old at the time.
In 1999, the man had already been sentenced to 23 years in prison for child abuse. The victim was his stepdaughter. After he had served the prison sentence, he was put in supplementary security custody. But he was dismissed in 2011 according to the new requirements of the federal constitutional court.
The man’s defense lawyer said on wednesday that his client did not want to testify for the time being because he distrusted the competent psychiatric expert. In 2006, the expert had advocated the supplementary safe custody for the man. The defense therefore called for at least one more expert. Then the defendant will also boast about the accusations.
The chamber decided to call in another assessor. He is to examine the defendant at the end of january and answer questions about culpability, preventive detention and possible placement in a psychiatric facility. On 1. February the defendant is supposed to answer the charges in court.
The court wants to start taking evidence as early as this friday. The first witness to be called is the father of the alleged victim, who is appearing in the proceedings as the legal representative of his daughter as a joint plaintiff.
The case has triggered a discussion about the meaning and use of electronic restraints. Criminal psychologist gunda wobner spoke in an interview on ZDF today.De from a suggested sense of security. "Experience has shown, however, that GPS data retrieval in real time is very prone to error," said the scientist from the max planck institute for foreign and international criminal law in freiburg. Surveillance is particularly problematic in the case of sexual offenders, he says.
Bavaria’s justice minister beate merk (CSU) called the shackle an emergency solution: "electronic residence monitoring is an emergency remedy for cases in which the case law of the european court of human rights and the federal constitutional court forces us to release even dangerous sexual and violent offenders after they have served their sentences."