Netherlands - Gino van der Straeten, 9, didn't return from playground, found deceased, Kerkrade, 1 Jun 2022 *Arrest*

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'Moordverdachte Donny M. verminderd toerekeningsvatbaar'

Experts at the Pieter Baan Centre consider Donny M., the man who confessed to abducting, abusing and killing 9-year-old Gino, to be of diminished responsibility.
This is reported by The Limburger. The Pieter Baan Centre recently shared the report with these findings with the judiciary.

The psychiatric observation clinic conducted an examination of Donny M's mental state. In the report, the experts advise the court to impose a tbs measure in addition to a possible prison sentence in case of conviction, according to the newspaper.

Gino was abducted from a playground in Kerkrade on 1 June 2022. He was temporarily staying with his elder sister in this location. After three nerve-wracking days, his body was found in Geleen, near the home of suspect Donny M. The suspect confessed after his arrest that he had abducted, abused and killed Gino.

In May, the case will return to court. Then the report of the Pieter Baan Centre will also be dealt with substantively. Until then, according to the Limburger, the judiciary does not want to comment on the substance of the report.


BBM


A similar conclusion about Donny M's mental state was made by a psychologist in 2015 and we all know what came of that.

Donny M. was previously convicted of attempted manslaughter in 2015. M., then 15 years old, had thrown a paving stone at a car from an overpass at the time. A psychologist deemed the then 15-year-old Donny M. to be mentally weak. He diagnosed an autism spectrum and attention deficit disorder in the teenager. According to the expert, the boy would be very fragile and with little learning ability. Throwing the stone could only be attributed to him in a lesser degree.

Found Deceased - Netherlands - Gino van der Straeten, 9, didn't return from playground, poss taken, Kerkrade, 1 Jun 2022 *Arrest*
 
OMG does this never end??

The sisters lost their little brother Gino.
Then they lost their mother.
Now their aunt has been murdered by her partner.

How do they live??? :eek:


Dode vrouw in Roermond is tante van omgebrachte Gino (9)

The dead woman found Friday morning in a house in Roermond is the aunt of Naomi, sister of Gino, who was murdered last year. Naomi told this to 'Hart van Nederland'. Her sister Kelly visited the house where her aunt's body was found.

The police will not confirm this yet, but do report that the woman was 51 years of age. The police further confirmed that a 47-year-old man from Roermond has been arrested on suspicion of involvement in the woman's death.

According to neighbours, the dead woman is the resident of the house, and her boyfriend is the man arrested by the police. There had reportedly been regular altercations between the two of them in recent weeks, with police allegedly intervening several times.


BBM
 
i think there has been an update now since you posted. Still, its another death that the family have to come to terms with. Gino's sisters have really had a devastating few years.

www.hartvannederland.nl

Dode vrouw in Roermond is familie van omgebrachte Gino (9)

De dode vrouw die vrijdagochtend is gevonden in een woning in Roermond is de tante van de overleden Gino. Dat laat zijn zus Naomi weten aan Hart van Nederland. Zus Kelly is bij de woning waar het lichaam van haar tante is gevonden langs geweest.
www.hartvannederland.nl www.hartvannederland.nl
The police do not want to confirm this yet, but do report that it concerns a 51-year-old woman. The police also confirm that a 47-year-old man from Roermond has been arrested on suspicion of involvement in the woman's death.

UPDATE: The suspect was later released and no longer a suspect.

According to neighbors, the dead woman is the occupant of the house, and her boyfriend is the man who was taken away by the police. In recent weeks there would have been regular disagreements between the two, in which the police would have intervened several times.
 
https://www.telegraaf.nl/nieuws/763310421/verdachte-opgepakt-voor-wegmaken-lichaam-gino-9

Suspect arrested for disposing of body of Gino (9)

Maastricht - A man was arrested last Thursday on suspicion of involvement in the disposal of 9-year-old Gino's body. He is not otherwise suspected of any other offences in relation to the little boy, the public prosecutor's office reported on Tuesday.

He has since been released again, a prosecutor's spokeswoman said. "The suspect has been heard and further investigation has taken place. This has led to the decision not to bring this suspect before the examining magistrate." How the man came on the radar of the investigation, the prosecutor would not say.

A decision on a possible prosecution will be taken later.

BBM
 
Nieuwe verdachte in zaak Gino is beste vriend Donny M.

New suspect in Gino case is best friend Donny M.

The second suspect arrested in the case of the murder of nine-year-old Gino is the best friend of prime suspect Donny M.
Youri F. is suspected of involvement in the disposal of Gino's body.

Shauni Lousberg, the new suspect's lawyer, could not comment on the case on Tuesday. "My client is in restrictions. That means I am not allowed to say anything." The lawyer does expect her client to be released again in the near future. "Today or tomorrow."

According to the prosecution, this does not mean that the 20-year-old will not be prosecuted. "The suspect has been heard and further investigation has taken place," the prosecution informed in a written statement. 'This has led to the decision not to bring this suspect before the examining magistrate. The decision on any further prosecution of the suspect will be taken when the investigation into the facts has been completed.' The maximum penalty for disposal of a body is two years' imprisonment.


BBM


That's what friends are for.... :mad:
 
https://www.telegraaf.nl/nieuws/213...e-nieuwe-verdachte-in-moordzaak-9-jarige-gino

An avid Fortuna supporter, trainer of a youth football team and working in the cleaning industry. And the best friend of murder suspect Donny M. Who is Youri F. (21), arrested on suspicion of involvement in the disposal of 9-year-old Gino's body?

The shock is great, says secretary Raymond Vallen of amateur football club FC Geleen-Zuid. For two seasons, Youri F. was an exemplary youth coach at his club. He acted as assistant at training sessions and readily appeared as a linesman at matches on Saturdays. In early June, he was still smiling on the beach for the group photo when the team was at youth camp in Den Helder for a few days. And then suddenly on Tuesday came the news that F. had been arrested on suspicion of involvement in hiding the body of Gino van der Straeten (9) more than a year ago.

"We were very shocked. We have immediately expelled him and denied him access to our premises. On Thursday, the board will be present at the youth team's training. We have noticed that parents are worried and we want to answer their questions as best we can," the clubman said.

Soon after the arrest of Donny M. and the discovery of the lifeless Gino in the Geleen district of Landgraaf, on 4 June last year, Youri F.'s name surfaced in the rumour circuit. His name also comes on the radar of Gino's sisters. They have a strong suspicion that Donny M. wasn't able to lift the boy's body over the fence on his own, to hide him in the garden where he was found. And Youri F. is the murder suspect's best friend, a suspect who has otherwise only a limited social network. "He has been on the family's list since last year. It was a gut feeling that never left them," lawyer Phil Boonen, who is assisting the sisters, said.

Football is the main link between Donny M. (23) and Youri F. (21). The former is an avowed PSV fan, the latter a fanatical supporter of Fortuna Sittard, where he is often among the hard core on the Fernando Ricksen tribune. Together, they can also often be found on the amateur football fields in and around Sittard-Geleen. Remarkably, they focus particularly on youth football. Not long before Gino's murder, Youri F. has an interview at DVO, a Sittard club with a rather large youth section. He shows interest in coaching and training an under-17 team. At a second interview, a friend suddenly turns up: Donny M. Together, they want to take a team under their wing.

In the end, DVO did not dare to join forces with them, says board member Ron Molnar. "We didn't think they had enough trainer experience yet. Now the shock is nevertheless great: I can't bear to think that they would have started working here."

Youri F., who reportedly works in the cleaning industry, has not been previously questioned or arrested, as far as we know. The most obvious thought is that he came into view through additional investigation into the plastic bags wrapped around Gino's body. On these, fingerprints were found that did not belong to main suspect Donny M. nor to his ex-girlfriend. This suggests that a second person may have been involved in disposing of the body. Earlier this month, police conducted further investigations in M.'s home for fingerprints. Whether F.'s arrest resulted from that, the prosecution does not want to say.

According to the prosecution, Youri F. is not suspected of any other offences in relation to Gino. According to a spokeswoman, he will be released on short notice. He will not be arraigned before the examining magistrate, to the disappointment of the boy's relatives. A decision on any further prosecution of F. Disposing of or hiding a body carries a maximum prison sentence of two years. The next hearing in the case against Donny M. is scheduled for August 2.


BBM



This is a strange story. Would the friends, and Donny M. in particular, have been able to work as volunteer trainers for minors without an official Certificate of Good Conduct (VOG)?
 
Tweede verdachte Gino-zaak ontkent, maar werkt mee

Youri F, the second suspect in the Gino case, denies any involvement in the abduction and murder of then-9-year-old Gino van der Straeten. His lawyer Shauni Lousberg made this known.
F. was the best friend of Donny M, the main suspect in the case.

F. was arrested last Thursday on suspicion of "involvement in hiding Gino's body. On Tuesday evening, he was released from custody again, after questioning by police and prosecutors.

"He cooperated fully with that investigation, but denies having anything to do with the case," said his lawyer. "Indeed, when my client heard that Donny M. had been arrested in the case, he immediately cut off contact. He was shocked to hear that Donny is responsible for Gino's murder."


BBM
 
Meer onderzoek in zaak-Gino: 'Geen zaak voor losse eindjes'

If it is up to the judiciary, the Gino case will be heard in substance next year. Additional investigations need to be carried out first, and previous investigation results are still pending.
This emerged in the Maastricht court on Monday. An interim hearing was held there. Suspect Donny M. (24) was present in person.

The public prosecutor (OM) wants to get a complete picture of what happened in Donny's Geleen home. How exactly was nine-year-old Gino killed in June last year? "Three pillow cases are still being examined. The rubbish bags in which the body was found are also still being examined," the prosecution said. The suspect has previously said he smothered the victim with a pillow, but no dna from Gino was found on the pillowcases examined. "This is not a case for loose ends," according to the prosecution.


In July this year, a second suspect, 21-year-old Youri F. from Sittard, was also arrested in the case. His dna was found on a trash bag in which Gino's body was wrapped. Formally, he is still a suspect, but the judiciary found no further evidence against him. He had a plausible explanation for the dna: those traces would have ended up on the trash bag when Donny wanted to tape up the windows of his house.

Next hearing
The next interim hearing is scheduled for January. Additional questions put by Donny M.'s lawyers to experts at the Pieter Baan Centre will also be discussed then.
The case is expected to be heard substantively in mid-June.


BBM
 
Five months of therapy and institutionalization isn’t close to enough to address issues that lead to a minor sexually assaulting young children. He should have been in intensive in-patient treatment for at least 3-5 years. And then strict supervision after. There may have been a chance to change his brain some if he had received intensive, in-patient treatment. Maybe little Gino would still be alive. I don’t know.

It’s terrifying to think these ticking time bombs live among us.
 
Youri F. geen verdachte meer in zaak Gino

Youri F. is formally no longer a suspect in the Gino case. The case against him has been dropped.

His lawyer Shauni Lousberg confirmed this to L1. She received a message from the Public Prosecution Service on Tuesday.

The Public Prosecution Service also reports that a dismissal letter has been sent stating that F. was wrongly arrested as a suspect. The judiciary previously announced that no additional evidence had been found that Youri was guilty of disposing of the boy's body.

21-year-old Youri F. was arrested in July after his DNA was found on a garbage bag in which Gino's body was wrapped. Youri denied that he had helped remove the body and told the police that his DNA ended up on the garbage bag when Donny wanted to tape up the windows of his home. The Justice Department conducted further investigation, but this yielded no results.

BBM
 
https://www.telegraaf.nl/nieuws/136...aak-gino-niet-onderzocht-door-menselijke-fout

Child p*rn on phone suspect in Gino case not investigated due to human error

Due to human error, the Limburg police unit did not further investigate the child p*rnography found on Donny M.'s phone in 2021. This emerges from an exploratory investigation by the Justice and Security Inspectorate. Donny M. is suspected of sexually abusing and killing 9-year-old Gino in June 2022. His phone had been confiscated by the police a year and a half before because he was a suspect in a fireworks incident.

When the child p*rnography was discovered, the Limburg police base team transferred the phone to the team combating child *advertiser censored* and child sex tourism (TBKK), but no arrangements were made to register it. As a result, the case was not visible to the TBKK in the system.

The child p*rnography did appear in the digital documents on the fireworks incident in which the phone was seized. But after handling this case, the child p*rnography automatically disappeared from the work lists, including the notes made about it.

The phone itself was still with the TBKK, but it escaped attention. According to the Limburg police, this was because of the busy time when the phone came in. At the time, the team handling investigative cases also had to take to the streets to make sure people complied with the curfew for corona that was in force at the time, writes the Justice and Security Inspectorate.

According to the inspectorate, the Limburg police unit has since adjusted the work process to prevent such an error in the future. Therefore, further investigation by the inspectorate is not necessary.

The substantive hearing of the criminal case against Donny M. is expected to take place after the summer, possibly in September or October. Nine-year-old Gino disappeared on 1 June 2022 while playing outside in Kerkrade, where he was staying with his sister. Three days later, police arrested M. at his home in Geleen and then found Gino's lifeless body on his instructions.

BBM

Isn't this called the chain of evidence? Not a recent invention and requirement, IMO. A good defense lawyer will have a field day in court when they find out that the phone of the accused escaped attention.
 
Onderzoek naar Gino-verdachte Donny M. bijna klaar


The investigation into the murder of 9-year-old Gino is almost complete.

The public prosecutor announced this at a pro forma hearing, Wednesday morning in Maastricht.
It was already the eighth non-substantive hearing in the case. Only when the investigation is fully completed will the substantive hearing follow. That is scheduled from 14 October. Four days have been set aside for the trial.
Donny himself was not present in court on Wednesday. Gino's family was there.

Justice and defence did submit additional questions to the Netherlands Forensic Institute (NFI). Answers are expected within three months. Possibly there will be another inquest at Donny's home in Geleen. "That option is there," Justice said. The court left open whether that will happen. If so, the judges would go to see for themselves with the accused what happened in Donny's flat.

Donny confessed to abducting, abusing and killing Gino at an earlier stage. But what exactly happened remains unclear. Not only because Donny made varying statements, but also because the traces found do not all match what Donny stated. For instance, no traces of Gino were found on a pillow, while Donny has stated that he smothered Gino with a pillow.

Experts have found the suspect to be of diminished responsibility. They recommend a TBS treatment. The next hearing is on June 3.

BBM
 
Sjanneke de Crom is the defense counsel of Donny M. L1 published an interview with her about her work as a criminal defense lawyer.


Advocate Donny M. tijdlang bedreigd geweest: 'Ik ontving dreigmails'

The substantive hearing of the criminal case against Donny M. will take place on 14, 15, 16 October and 18 October. De Crom has been assisting the accused from day one in this media-sensitive case. The criminal lawyer realises that. "I am not an ice queen devoid of feelings, yet I do see my clients as people who are entitled to legal representation," she says.

She looks back to the day Donny M. was arrested two years ago and she had to go to the police station for questioning. From Den Bosch, she is on her way to Maastricht. Her phone is ringing red hot: the Dutch, Belgian and German media are calling. "I was called at least 50 times in an hour and a half. At the entrance gate at the police station there were journalists with cameras. I could not enter the premises. This was basically hindering my work and it distracted from what I had to do that day."

The criminal lawyer and her colleague Maikel Horsch from the same firm, with whom she works on the case together, received threats for a while. This happened during the first weeks and months after the arrest of Donny M. on 4 June 2022. "I received threatening emails and could not enter through the main entrance of the court during the first sessions, especially the car park was not safe. For instance, someone informed me that he hoped that if I had children, something similar would happen to them too."

How does she deal with those negative reactions? "I can put it aside, but sometimes I do struggle with certain reactions. I'm just doing my job, but not everyone seems to realise that." She makes the comparison with a surgeon. "If a person shoots a child, is himself wounded in the process and needs surgery after this heinous act, a surgeon does the same. He has to save lives, because that is his job. Part of my job is to ensure that the defendants I assist, get a fair trial. That is separate from the fact that I am as upset as everyone else that a 9-year-old boy died."
Her message is: "Think before you say something. We have to have thick skin, but I am also human."


BBM
 
ZaZara said:
Experts have found the suspect to be of diminished responsibility. They recommend a TBS treatment.
Click to expand...

Typical. IMO.
ETA: I assume this means one-on-one behavioral therapy, and of course that should be happening. But I believe both justice and keeping society safe means not letting him back out to possibly strike again should be paramount. It won't be, though.
 
The case against Donny M. for the murder of little Gino was dealt with in substance from October 14 to 18.
I followed the reports from afar and the details were so nauseating that I could not bring myself to translate them and post here. I was not alone in this, I read messages on X (twitter) from others who tried to follow the facts that were presented, but had to stop because the horror made them sick.
After the Prosecution had finished, even seasoned court reporter Saskia Belleman missed one day in court because of a migraine.

Little Gino's ordeal in the hands of Donny M. lasted over 2 hours. Gino fought for his life and tried to escape, so Donny finished him off. I'll skip the how, the why and everything that led to this.

The prosecution has demanded 28 years in prison and compulsory treatment. The family wanted life, but nowadays a life sentence offers the possibility of parole after 25 years, and the prosecution seeks to keep Donny M. behind bars for as long as possible.

The verdict will be made public on November 24, 2024.


Justitie eist 28 jaar en tbs tegen Donny M. voor misbruik en doden Gino (9)
 
Uitspraak Donny M.: de man die Gino misbruikte en vermoorde

25-year-old Donny M. was sentenced by the Maastricht court to 25 years in prison and tbs with compulsory treatment for the abduction and sexual abuse of, and the murder of, 9-year-old Gino van der Straeten. The sentence is three years less than the prosecution previously demanded.

The lower sentence has to do with Donny M.'s diminished culpability at the time of the sexual abuse and killing of the boy, the court said.

Donny M. was not completely controlled by his disorders and his drug use. He was acting in a planned manner from the moment he caught sight of the boy. Footage shown earlier in court showed minute-by-minute footage of Donny M. following the boy.

Donny M. was also convicted for lewd acts with an underage boy whom he groped in his sleep and for possession of child *advertiser censored*. About the latter, the court noted that other children were victimised to make those images.

The court also briefly dwelt on the failing care system and judicial supervision, which did not keep sufficient track of Donny M., despite a previous conviction for a sex offence. To prevent its repetition, the court also imposed a behaviour-influencing and freedom-restricting measure, which allows for lifelong supervision after serving the sentence and completing the tbs treatment.


BBM
 
Donny M. ziet af van hoger beroep na vonnis in moordzaak Gino

Donny M. will forgo an appeal in the case involving the abuse and murder of Gino. This was announced by M.'s lawyers Maikel Horsch and Sjanneke de Crom on Monday. In the wake of this, the public prosecutor's office also announced that it will not file an appeal.

‘Although the defence does not agree with certain parts of the verdict, client has chosen not to exercise his right to appeal the verdict,’ both lawyers said in a statement. ‘As client himself acknowledged earlier, the proven facts are heinous and that is the reason he accepts the sentence and measures imposed by the court. In addition, he does not want to subject the parties involved, especially Gino's next of kin, to a repeated confrontation with these heinous facts during a trial in appeal.’

BBM


Peace to Gino's sisters.
 
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