THE 3 POINTS OF THE INVESTIGATION THAT SET THE DEFENSE AGAINST THE PROSECUTOR
L'Express
https://www.lexpress.fr/actualite/s...opposent-la-defense-au-procureur_1966487.html
The lawyer for Nordahl Lelandais came out of his silence on Monday evening to contest in particular the time of disappearance of little Maëlys, set at 2:45 am by the prosecutor.
"It's an insult to justice, an insult to the girl's parents!" Serious face closed, powerful voice distorted by anger, Alain Jakubowicz fulminates and becomes exasperated. The lawyer of Nordahl Lelandais had been silenced for three months: here he is on the set of BFMTV on Monday evening to, he said, re-establish the truth in the face of charges against his client, suspected of kidnapping and killing the young Maëlys in Isère on 27 August.
"When the [Grenoble] prosecutor himself appears before the press to say things that are objectively totally contrary to the reality of the case, then I cannot accept it," he justifies. The counsel vigorously contests the chronology put forward by the prosecution. When contacted, the prosecutor of Grenoble did not wish to react and "fuel a controversy". The magistrate and the lawyer are in fact relying on the same elements of the case file. But they draw a radically different interpretations from it.
Time of disappearance
What the prosecutor says. According to the magistrate,
the investigators set Maëlys' disappearance at 2:45 a. m., based on the testimony of the guests, memories of the music released by the DJ during this wedding ceremony but also on the basis of a connection with technical elements: Nordahl Lelandais activated the airplane mode of his telephone at 2:46 a. m. to escape geolocation, according to the gendarmes. A minute later, a car that seems to be his is filmed in downtown Pont-de-Beauvoisin with a "small"passenger. In short, it is a whole cluster of clues - and not an eyewitness testimony - that makes it possible to date the time at which the girl was last seen.
As the prosecutor himself pointed out, however, two witnesses are causing trouble: they claim to have seen Maëlys after 3 am. These testimonies are considered marginal by the investigators, who take them with caution:"No one is clinging to his watch in the middle of a wedding evening and a fortiori in the midst of a panic of disappearance,"points out a source close to the L' Express file.
What Nordahl's lawyer says. For the suspect's lawyer, on the contrary, these two conflicting testimonies are crucial. They also come from close relatives of the victim. In this case, a cousin of Maëlys' mother and the grandparents of the little girl.
According to the defence, the first testimony was repeated three times before the investigators. The cousin said that he saw Maëlys at 3:15 a. m. in the wedding hall when he himself was leaving. He calculated this schedule based on his travel time. A schedule corroborated by the testimony of his wife who said that she looked at the clock and reached their home around 3:35 a. m. that night. However,"the prosecutor's whole accusation is based on the assumption that the child disappeared at 2:45 a. m.", Master Jakubowicz denounces. He adds that Maëlys' grandmother talked to the girl around 2:45 a. m., and that at the same time she was seen "playing football in the children's room", which is hardly compatible with her presence in Nordahl's car two minutes later in the city centre.
No one was concerned about the girl's absence before 3:30 a. m., the time he set for the disappearance. At this time, however, the suspect's phone is no longer in "plane mode" and is located in the party hall. So he would be on the scene. As for disconnecting the phone, it was - according to the suspect - to save his battery. It doesn't matter if his client changed his version of the facts. During an initial interrogation consulted by L' Express, the man had simply mentioned network problems. Before being denied by technical investigations that show a voluntary switch to airplane mode.
The car
What the prosecutor says. It is therefore at 2h47 that the passage of a car corresponding to the model of Nordhal Lelandais is captured in Pont-de-Beauvoisin: an Audi A3. A car that has also been at the heart of the investigation since the beginning of the case, because the DNA of the little girl was found there during the investigations and its more than meticulous cleaning, in the aftermath of the tragedy, raises many questions.
Problem: on the images, we can't distinguish either the driver of the vehicle or his license plate, as the prosecutor of Grenoble conceded. But for the prosecution the car remains perfectly identifiable thanks to the combination of four elements: a rear plate lighting defect which corresponds to damage to the suspect's vehicle, the position of the stickers attached to the windshield, the presence of singular stickers and the model of the rims.
What Nordahl's lawyer says. The lawyer admits that the filmed car is indeed an Audi A3 but, according to him, nothing indicates that this is the car of Nordahl Lelandais. "There were three parties in this town that night. How many Audi A3s do you have in France?" he asks. During his first interrogation, Nordahl himself admitted that he had taken to the road again, before the search began, but to "pick up narcotics in St. Albin". The defence does not dwell on this point. "It could be his vehicle", Alain Jakubowicz seems to admit, for whom, in any case, the disappearance happened after the vehicle had passed through.
The picture of a "human figure in a white dress"
What the DA says. For the prosecution, even of poor quality, the video surveillance footage of the city of Pont-de-Beauvoisin is crystal clear. In the photos taken from the video, in addition to the car, or rather inside it,"at the front, a frail silhouette, small in size and dressed in a white dress," explains the prosecutor of Grenoble for the first time. Later, he goes on to say:"It looks like a child or at least someone small, with a white dress and brown hair." In short, a character who corresponds in every way to the description that is made by her close relatives of Maëlys that night.
What Nordahl's lawyer says. However, the interpretation of the defense is quite different. "It is not true that we can distinguish a child," Alain Jakubowicz asserts "There is indeed a passenger with long, brown hair. I would like to point out that the little girl had her hair up." According to the lawyer, the silhouette would rather be that of a woman and, in any case, the cut of the dress, or rather its cleavage, one of the rare elements that we can really distinguish on the images according to him, clearly differs from the outfit that Maëlys was wearing that night.
"The little girl has a wedding dress for little girls like we all know them, with a round collar that only goes down a little bit. The cleavage in question is a woman's cleavage that is deep, extends to the top of her chest and is square," says the suspect's lawyer in support of his rebuttal.
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