Germany Germany - Rebecca Reusch, 15, Berlin, 18 Feb 2019 *Arrest*

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This gets even more confusing every day!

From what I can understand the family are the subject of a lot of skepticism in Germany. These statements and actions certainly do not help

One thing that is not clear to me is that if LE strongly believe it is a homicide and that it happened in the house why is only the BIL a suspect? Seems odd that on the day of her disappearance, not even one person saw her
 
London1776 said:
One thing that is not clear to me is that if LE strongly believe it is a homicide and that it happened in the house why is only the BIL a suspect?
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As far as I understand it, the wife (R's sister) left the house at 7 am. Rebecca's phone was logged into the WLan of the house until 8 or thereabouts. So she would have been alone with the BIL. In addition, in interviews with police he claimed that he was sleeping until he got a call after 8 am, yet his phone showed that he was sending messages. So he lied. These circumstances made him the prime suspect. Then police found R's hairs and fibres of the missing blanket in the trunk of the car, and the KESY system registered his number plate on highway A12 at about 11 am.

These are the indicators police have released. They may have more against him.
 
I think LE is so steadfast in their belief that Florian did this that the only conclusion they can draw is that he didn’t stash her alive somewhere...
in light of other things that have come out, I think it’s slightly irresponsible that they don’t seem to want to clear other theories.. it honestly leads me to believe that they have extra evidence against him that has not leaked yet. I will say this would all be so much more clear for everyone if the cadaver dogs had hit in the car. IMOO
At this point I really can’t tell if the family is frustrated at LE or just about the severity of what’s going on and grasping at anything they can to slow the crashing train that is their current life. So sad for the grief and now infamy this whole family has to deal with.
 
@cybervampira or anyone else who knows about what lawyers are allowed to say. I'm wondering if FR's lawyer is allowed to share with his wife, Jessica, the complete evidence police have against him? If not, would the lawyer at least indicate to Jessica why no detention complaint was filed? For example, telling her that they have a strong case against him, or if there's another reason why she has not filed the complaint.
 
Elainera said:
@cybervampira or anyone else who knows about what lawyers are allowed to say. I'm wondering if FR's lawyer is allowed to share with his wife, Jessica, the complete evidence police have against him? If not, would the lawyer at least indicate to Jessica why no detention complaint was filed? For example, telling her that they have a strong case against him, or if there's another reason why she has not filed the complaint.
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I have to pass. Verschwiegenheitspflicht usually means the lawyer is not supposed to share any information, but there may be exceptions (i.e. if the client agrees and if it helps his case).
 
This is the paragraph about it in Gergoogle :D

Anwaltliche Schweigepflicht - KANZLEI METZLER

Section 43a (2) of the Federal Lawyers Act (BRAO): "The lawyer is obliged to secrecy. This obligation refers to everything that has become known to him in the exercise of his profession. This does not apply to facts that are obvious or do not require secrecy in their meaning. " The Professional Code supplements § 2 of the Professional Code of Lawyers (BORA): "(1) The lawyer is entitled and obliged to secrecy. (2) The law and the duty of secrecy refer to everything that has become known to him in the exercise of his profession and continue after the end of the mandate. (3) The duty of confidentiality shall not apply to the extent that this professional code or other legal regulations permit exceptions or the enforcement or defense of claims arising from the mandate relationship or the defense of the lawyer in his own case require disclosure. (4) The lawyer shall expressly oblige his employees and all other persons who are involved in his professional activities to observe secrecy (Section 43a (2) of the Federal Lawyers' Act). "
 
Rosiebones said:
Still no clues in search for missing Berlin teen Rebecca Reusch
I hope this is an acceptable source, at least it is in English.
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From the link:

"A police spokesman told the media that the investigation is of a 'homicide nature'. They are certain that the teenager did not leave the house alive."

I do believe this was previously posted from other links. At this point I'm sure we discussed the certainty that LE feels about this. What evidence could/would make this so concrete? And why would FlorianR be the only suspect in the family?
 
Jim_M said:
What evidence could/would make this so concrete? And why would FlorianR be the only suspect in the family?
Click to expand...

I'm also puzzled by these questions and have no answer because nothing much has been released regarding her demise and the evidence they have against him. We could only speculate. My belief is it's circumstantial evidence, like her phone being switched off which is highly atypical behaviour for her.
 
cybervampira said:
This is the paragraph about it in Gergoogle :D

Anwaltliche Schweigepflicht - KANZLEI METZLER

Section 43a (2) of the Federal Lawyers Act (BRAO): "The lawyer is obliged to secrecy. This obligation refers to everything that has become known to him in the exercise of his profession. This does not apply to facts that are obvious or do not require secrecy in their meaning. " The Professional Code supplements § 2 of the Professional Code of Lawyers (BORA): "(1) The lawyer is entitled and obliged to secrecy. (2) The law and the duty of secrecy refer to everything that has become known to him in the exercise of his profession and continue after the end of the mandate. (3) The duty of confidentiality shall not apply to the extent that this professional code or other legal regulations permit exceptions or the enforcement or defense of claims arising from the mandate relationship or the defense of the lawyer in his own case require disclosure. (4) The lawyer shall expressly oblige his employees and all other persons who are involved in his professional activities to observe secrecy (Section 43a (2) of the Federal Lawyers' Act). "
Click to expand...

Thanks! As far as I can understand this there's no mention of relatives of accused people. I will see if I can find more about it.
 
Elainera said:
I'm also puzzled by these questions and have no answer because nothing much has been released regarding her demise and the evidence they have against him. We could only speculate. My belief is it's circumstantial evidence, like her phone being switched off which is highly atypical behavior for her.
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Yes, I understand the phone. All the messages. The blanket. The basic lack of any proof of life. But to say she did not leave that house alive.....

And meanwhile, FR sits in jail with no attempts to gain freedom.

It truly kills me that they have always been looking for this sweet girl's body. That is the horror. Sigh.
 
Regarding the Anwaltsgeheimnis/lawyer's secret I found this on Wikipedia:

underlined by me

"The lawyer must prevent other persons from gaining knowledge of the relevant information entrusted to him or his employees, unless the client expressly agrees"

and

"In the German-speaking and English-speaking countries, the client may in principle waive the lawyer's respect for the lawyer's secret"

Anwaltsgeheimnis – Wikipedia

This sounds to me that FR could instruct his lawyer to share all evidence LE has against him with his wife (or the whole family). I wonder whether this has happened. If it did and the family is still not convinced that he killed her and/or that she is dead the evidence can't be substantial, right?
 
Elainera said:
Regarding the Anwaltsgeheimnis/lawyer's secret I found this on Wikipedia:

underlined by me

"The lawyer must prevent other persons from gaining knowledge of the relevant information entrusted to him or his employees, unless the client expressly agrees"

and

"In the German-speaking and English-speaking countries, the client may in principle waive the lawyer's respect for the lawyer's secret"

Anwaltsgeheimnis – Wikipedia

This sounds to me that FR could instruct his lawyer to share all evidence LE has against him with his wife (or the whole family). I wonder whether this has happened. If it did and the family is still not convinced that he killed her and/or that she is dead the evidence can't be substantial, right?
Click to expand...
He can then share information obtained from his client, but can he also share information obtained from LE?
 
Florian is being released!

Berlin - Almost three weeks later, the warrant for his arrest is lifted! This was announced by the Berlin prosecutor on Friday.

Reason is that the investigating judge at the district court Tiergarten "due to the current state of investigation doubts about the urgent suspicion" against the 27-year-old, said the Berlin Attorney General on Friday. Previously, the lawyer of the 27-year-old had filed an Appeal.

Fall Rebecca (15): Haftbefehl gegen Rebeccas Schwager aufgehoben
 
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Oh dear. Blind allies, red herrings, other misdirections and three weeks later... back to the drawing board. Can we therefore assume that the strong suspicion she didn’t leave the house alive was an assumption?

I’m puzzled at why they did not investigate this as an abduction or any other leads. I read that in Germany, protection of individual human rights is held to a high standard and therefore assume there must be certain barriers to investigating known, regional offenders? Hopefully one of German members can clarify :)
 
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