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GUILTY Denmark - Kim Wall, 30, Copenhagen, 10 Aug 2017

Discussion in 'Recently Sentenced and Beyond' started by FrostOwl, Aug 14, 2017.

  1. Niner

    Niner Long time Websleuther

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    Friday, September 14th:
    *Appeal (Day 3) - Denmark - Kim Isabel Wall (30) (Aug. 10, 2017) - Peter Langkjær Madsen (46) charged with premeditated murder in addition to dismemberment & sexual relations other than intercourse of a particularly dangerous nature & indecent handling of a corpse. Plead not guilty.
    Appeal date continues to 9/14.
    Verdict was unanimous, by all three judges.
    The case has already been appealed. 23 minutes after the verdict.
    In Denmark, a life sentence (Livsvarigt fængsel in Danish) theoretically means life without parole: that prisoners will spend the rest of their lives in prison. However, prisoners are entitled to a pardoning hearing after 12 years, and upon motion of the minister of justice, the Danish King or Queen may grant a pardon, subject to a 5-year probationary period.

    9/5/18 Update: Madsen is sentenced to life imprisonment for murder on the Kim Wall. However, he has only appealed against the length of the sentence, the guilty issue will not be re-examined.
    Defense Attorney Betina Hald Engmark will try to convince the Supreme Court over the next three hearings to mitigate the verdict's judgment in Livstid to Peter Madsen. A final decision is expected on Friday, September 14th. Prosecutor Kristian Kirk read from the verdict in the City Court as part of his documentation in the appeal case. After an overall assessment, the court finds that the accused has killed Kim Wall, finding the court's judgment, which was disposed of in April this year. Appeal hearing continued to 9/12.

    9/12/18 Update: One of the judges had to withdraw because he had got a job in a board, and then one can not be a judge according to the Act of Justice. However, it is decided that the main hearing continues, and every judge has one and a half voice. There are thus three legal judges and two judges with three votes in total. If there is a tie, it is the result that benefits an accused. Appeal continues to 9/14.
    9/12/18 Update #2: Separate matter: Madsen has agreed to pay 150,000 kroner to the parents of Kim Wall & 120,000 kroner to her boyfriend, Ole Stobbe, as compensation for the loss. Tomorrow he will learn if his appeal against a life sentence has been successful. It is widely predicted it will be reduced to 16 years.
     
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  2. Moll

    Moll Active Member

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  3. Moll

    Moll Active Member

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    Just had time to check - hearing cancelled for today.
     
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  4. ZaZara

    ZaZara Well-Known Member

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    Cookies op AD.nl | AD.nl

    The appeal hearing of the convicted Danish murderer and inventor Peter Madsen was suspended this morning. The hearing has been suspended because a judge became unwell. It is not clear when the hearing will be now.

    BBM


    Meanwhile, while we are at it, can someone PLEASE post some information about the content of the trial, what was said, what were the arguments used, what was pleaded, did defense lawyer Bettina say anything at all?

    Asking for a friend.

    I found this tweet by a Swedish reporter:

    David Rasmusson on Twitter

    David Rasmusson

    @DavidRasmusson

    The murder of Kim Wall was planned, ruthless and the victim was defenseless. These are circumstances that allow Peter Madsen to be sentenced to life imprisonment officer. prosecutor Kristian Kirk.


    About the judge:

    It is still unclear what this means for the procedures themselves. Another Commission mentioned has already left the negotiations. It is possible that the whole process may have to be repeated. It is very unclear what is happening at the moment.


    BBM
     
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  5. Moll

    Moll Active Member

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    From the Ekstra Bladet report linked above - this is all there was (23 minutes, max), and the gist is clear, but I too would be grateful for a Danish contributor to improve the translation. The defence lawyer has not spoken today, it seems. Read from bottom to top.



    08:55
    Camilla Marie Nielsen
    Now the president must ask for a break. This is because one of the judges of the case has suffered an inconvenience.




    08:54
    Camilla Marie Nielsen
    Now the prosecutor comes to a case of rape and killing. It is a rape of a particularly dangerous nature. The case was taken in 1992 and the victim is first threatened with a knife, then raped and later killed. The man gets a lifetime.
    - I think this case is particularly comparable because it is rape and later killing. But I would also like to note that today, in my opinion, we are dealing with an even more serious crime, the prosecutor says.




    08:52
    Camilla Marie Nielsen
    Prosecutor Kristian Kirk is now documenting an earlier case where a man is given a lifetime for the killing of a child. The accused mourned an eight-year-old girl after he had exposed her to a sexual assault.
    The sentence was given both in the district court, the district court and the Supreme Court.




    08:51
    Camilla Marie Nielsen
    The prosecutor continues to highlight what he believes are aggravating circumstances in the case. Again he comes to Kim Wall and the fact that, according to the prosecutor's office, she has been stuck in the submarine.
    "It's impossible to imagine what has gone through her head under this, says the prosecutor.




    08:49
    Camilla Marie Nielsen
    The prosecutor now supports his claim by mentioning that Peter Madsen has taken on several occasions himself. Eg. during sex with a woman in which Peter Madsen had mounted a go-pro camera on his head.
    "The camcorder found in the submarine had nothing to do there," the prosecutor said.




    08:46
    Camilla Marie Nielsen
    "As if that were not enough, I'm quite sure that Peter Madsen has recorded this act," the prosecutor said.




    08:45
    Camilla Marie Nielsen
    The prosecutor is now discussing how Kim Wall may have had it in the submarine during the act.
    "She must have been sorry for her life, as we all would have done. At one point, it must have come to her that she did not live alive from there, says the prosecutor, who calls what Kim Wall has been exposed to, for a medieval torture-like act.




    08:44
    Camilla Marie Nielsen
    "I do not think it's a coincidence that the police found Kim Wall's tights and pants in the submarine. It is quite obvious that Peter Madsen was planning to save these things and go to another place of crime, says the prosecutor, who also mentions that Peter Madsen himself even said that he was alone in the submarine when he was rescued ashore.
    - It was part of his planning of the perfect crime. But Peter Madsen overestimated himself and underestimated the police and the lighs that I had never heard of before, says the prosecutor.




    08:41
    Camilla Marie Nielsen
    - Peter Madsen's outrageous actions are not an expression of just planning. This is an expression of special planning, says the prosecutor, who believes that Peter Madsen has carefully considered all his actions.




    08:40
    Camilla Marie Nielsen
    "And then the defender can say that how does the prosecutor see Peter Madsen like it and that he furthermore fantasized about his deed?" Says the prosecutor.
    - Well, I can say that Peter Madsen has seen and stored a number of videos, animated films or texts with killing women. You've even watched the video where a woman gets the throat over, says the prosecutor.




    08:39
    Camilla Marie Nielsen
    Kristian Kirk also comes across how Peter Madsen
    "We can see that he worked firmly for someone to go on the submarine. Peter Madsen has hardly had a certain woman in mind when he tapped his screwdrivers, or should we call them spikes. You've even seen them and they look far from ordinary screwdrivers, says the prosecutor.
    "He has gone and enjoyed himself as he tapped them, and while he has probably imagined the crime he has planned, the prosecutor says.




    08:39
    Linette K. Jespersen
    Now Peter Madsen looks a bit obliquely down in the table




    08:37
    Camilla Marie Nielsen
    The prosecutor now deals with three things, which he believes are intensifying in the case against Peter Madsen.
    There is:
    - the gening is highly planned
    - the perpetrator has shown a particular ruthlessness
    - the perpetrator has taken advantage of the victim's inability to defend himself.

    "It goes without saying that we meet all the criteria here in this case," the prosecutor said.




    08:35
    Camilla Marie Nielsen
    The penalties for killing without mitigating circumstances are generally determined from 12 years to lifetime.
    "But when 12 years are a starting point, it goes without saying that the penalty can be lifted according to the gravity of the act," the prosecutor says.




    08:34
    Linette K. Jespersen
    Peter Madsen looks at the prosecutor with his head on the wrong side, while Kristian Kirk begins his procedure.




    08:34
    Camilla Marie Nielsen
    The prosecutor is now documenting a number of previous convictions to emphasize his claim.
    Initially, he tells us how a killing as a starting point in Denmark is being charged with 12 years in prison.




    08:33
    Camilla Marie Nielsen
    He claims that in the Byret life to Peter Madsen.
    "We are fully aware that it takes a lot to condemn life for one single kill. But in this case we are in a roughness that must be described as being out of category, says the prosecutor.




    08:32
    Camilla Marie Nielsen
    The three judges and two judges have now arrived and the case can begin. It is prosecutor Kristian Kirk, who starts his procedure.
     
  6. Moll

    Moll Active Member

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    At 8.44, I couldn't think what was meant by the 'ligh that I had never heard of before' - I think it's those cadaver dogs?
    'Men Peter Madsen overvurderede sig selv, og undervurderede politiet og de lighunde, som jeg heller aldrig havde hørt om før, siger anklageren.'
     
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  7. Moll

    Moll Active Member

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    At 8.33, the 'Byret' reference is to the City Court's life sentence and I guess it means he supports it.
    'Han påstår som i Byretten livstid til Peter Madsen. '
     
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  8. ZaZara

    ZaZara Well-Known Member

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    (a degree of) overestimation / underestimation that I never heard before ~ is unheard of would make sense IMHO
     
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  9. SATA

    SATA Active Member

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    It was a male lay judge who got sick.
    At first he leaned his head backwards, sat like that for a while, later he fell to the floor. It was rather dramatic.
    Ambulance took him to hospital. He is OK now.

    Trial has been postponed, no date has been set.
    Poor Kim Wall´s relatives, boyfriend and friends.
     
  10. Moll

    Moll Active Member

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    But the original says 'og de lighunde' - and the cadaver dogs ' - surely those Swedish dogs that played a part in finding the body parts? PM overestimated himself, and underestimated the police and the cadaver dogs.
    SATA perhaps you could explain which it was that the prosecutor hadn't heard of before!
     
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  11. ZaZara

    ZaZara Well-Known Member

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    They were left with only one lay judge then? I do hope this does not mean that the entire trial has to be done again, only the last day ~ please ...

    Am very curious about how the defense would have pleaded, legal arguments and all.
     
  12. SATA

    SATA Active Member

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    I think they have to do it all over, not just the last day.
    I can´t help wondering if that lay judge who fell ill, buckled under the pressure of there only being two of them instead of three.
    He must have had similar thoughts about the fairness as we have had here.
    A big responsibility on the two.
     
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  13. Niner

    Niner Long time Websleuther

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  14. SATA

    SATA Active Member

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    Just heard: the trial will continue on Sept. 26.
    The layman who fell ill will be able to attend again, the trial will not have to start over.
     
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  15. Legally Bland

    Legally Bland Well-Known Member

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    Confirmation here:
    ______________

    The next hearing of the case is scheduled for 26 September at 30.9.

    [...]

    The verdict is expected the same day.

    Ubådssagen blev udsat: Nu er der nyt i sagen
     
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  16. Legally Bland

    Legally Bland Well-Known Member

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    Is '30.9' 9.30am in Danish?
     
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  17. ZaZara

    ZaZara Well-Known Member

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    I followed the link and it says 9.30. IMHO someone noticed a mistake.

    [​IMG]
     
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  18. SATA

    SATA Active Member

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    No, it is a typo.
     
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  19. SATA

    SATA Active Member

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