8 May 2018

Closing statement of the Eminger defense: staunch National Socialist, but totally clueless

Today André Emingers counsel Sprafke, who had only joined the defense in early April, announced via press release that he had ended his representation of Eminger “due to diverging opinions between counsel and client on how the defense should be conducted further”. Thus ended the less than successful work of Sprafke in this trial, there will be no further delays caused by his motions.

Eminger defense counsel Kaiser and Hedrich than held their common closing statement. In the end, they called for a full acquittal: Eminger, while certainly a staunch National Socialist, had, according to them, not been proven to have committed any crime.

08The defense counsel will surely know that they stand rather alone with their view of the evidence – after all, last fall the court had ordered that Eminger be taken into custody as there was a strong suspicion that he had aided and abetted not only two robberies, but also an act of attempted murder, i.e. the bombing attack on a shop in the Probsteigasse in Cologne.

Their closing statement began with a very detailed reproduction of the relevant parts of the indictment and the prosecution closing statement. They then put forward their counterarguments, none of which are at all convincing:

As to the proven acts of support by Eminger, such as the provision of frequent traveler’s cards for the German rail service, they argued that these had not been a necessary precondition for any of the crimes of the NSU – leaving out that the enhanced mobility presented by these cards had made the life underground of Böhnhardt, Zschäpe and Mundlos much easier, thus also facilitating the commission of crimes.

They claimed that it had not been proven that the vehicles rented by Eminger or in his name had in fact been used to commit the robberies and the bombing attack in Cologne. However, the proven system of renting caravans for the commission of all robberies, murders and bombing attacks committed by Böhnhardt and Mundlos easily allows the conclusion that the caravans rented by Eminger had also been used in that way. Contrary to the defense closing statement, it is rather far-fetched to believe that these vehicles were to be used for vacations after the commission of the crimes.

As to the bomb in Cologne, they claimed that it had been placed at a time when the caravan had already been returned to the rental agency. This claim is based on the somewhat unclear statements of the bomb victims as to the day the bomb had been placed, statements which could not be cleared up further during the trial and which accordingly are not incompatible with the vehicle rented by Eminger having been used. Beate Zschäpe’s written statement that Böhnhardt and Mundlos had told her about their building the bomb, transporting it to Cologne and placing it in Cologne constituted further proof for the use of Eminger’s vehicle.

As to further acts of support clearly proven in court, such as a witness statement with the Zwickau police at which Eminger had presented Zschäpe as his wife Susann, the defense counsel claimed that these had fallen into a period of time in which the NSU had not been a terrorist organization anymore, but rather a criminal organization committing only robberies. The defense tried to base its idea of this alleged downgrading of the NSU in the year 2007 with a far-fetched parallel to the case of several alleged former members of the Red Army Fraction who, after the dissolution of that group, are suspected of having committed robberies. This claim, however, is disproven not least by the video with which the NSU claimed responsibility for its crimes and which Zschäpe sent out, as planned, in 2011.

As to the copy of the “Turner Diaries” found on Eminger’s computer, the defense claimed that these had not been the “blueprint” for the NSU, but that this role had fallen to the Combat 18 “Field Manual”, which had not been found with Eminger. However, the defense did not bring a single argument as to why it was impossible for more than one of these rather similar books to have functioned as a blueprint. In addition, their client had called for “armed struggle” against non-Germans with such vehemence, especially in the zine “The Aryan Law and Order” co-edited with his brother, that there is no reason to doubt his having the requisite mens rea of aiding and abetting the (attempted) murder committed by the NSU.

All in all, the defense stated did not bring any arguments which had not already been brought with respect to Emingers detention in the fall of 2017. Accordingly, there is no reason to believe that the court will come to a different conclusion in its judgment than it had in its decision on detention.

What became clear, however, was what the Eminger defense had failed to do during the last five years. Today they claimed that it was possible that it had not been André Eminger, but his twin brother Maik, also a militant neo-Nazi and still residing in the region at that time, had rented the vehicles using André Emingers identity papers – this claim was in fact brought for the first time today. However, Maik Eminger, who had refused to testify in court, had not relied on the privilege against self-incrimination, but on his right to refuse testimony as a brother of the accused. No witness, no accused, including Eminger, has ever claimed or suspected that Maik Eminger could have used André Eminger’s papers – which is hardly surprising since the trial has not unearthed any evidence of Maik Eminger having any contact with the NSU core trio. Accordingly, the court will not have to deal with this hypothetical possibility in any detail.

Similarly, the defense did not at all substantiate their claim that at the time of his first alleged crime, in the year 2000, Eminger had not been fully “grown up” and had not yet become the staunch National Socialist he is today. The defense could well have presented witnesses concerning this aspect, but it chose not to. Therefore, this claim too rested largely on the claim that one did not know when Eminger had gotten the “Die, Jew, Die” tattoo, and the claim presented between the lines that Eminger could not have been a “real” National Socialist before he got that tattoo. Accordingly, the defense closing statement did not bring any new arguments regarding this issue, relying instead on simple denial, the same as with all other issues dealt with today.

 

2 May 2018

Closing statement of Carsten Schultze’s defense tries to present him as non-political, unwitting supporter.

The closing statement of Carsten Schultze’s defense counsel had been awaited with some interest – after all, he is the only accused who had fully and believably tried to help clear up the NSU’s crimes. On the one hand, this led to attacks by the defense of Ralf Wohlleben, whom his testimony has massively incriminated. On the other hand, several victims have announced, directly or via their counsel, that they accepted his apology and that they would not be opposed to his being giving a suspended sentence.

The latter development was thwarted by the closing statement presented by his counsel, who declared that Schultze carried a “moral guilt” for providing the silenced Ceska pistol, but that he was not guilty of the legal charges against him. Continue reading

26 April 2018

Summary of the Zschäpe defense closing statement: “I am the true victim”

Today Zschäpe defense counsel Grasel continued the defense closing statement. He announced that he would turn to the legal characterization of facts, but in fact often returned to the consideration of evidence, thus repeating nearly all of the arguments which had already been brought by his colleague Borchert. According to Grasel, his client’s acts did not make her a co-perpetrator of the murders and attempted murders committed by the NSU. Above all, he stated, the only reason she had helped camouflage the underground life of herself, Böhnhardt and Mundlos was to avoid arrest, not to facilitate other crimes. Grasel referred to several of Zschäpe’s acts in the years between 1998 and 2011, as proven by the evidence in court, and tried to show why none of them had necessarily “enabled” individual acts of murder. Continue reading

25 April 2018

Closing statement of counsel Borchert continues

Today Zschäpe’s defense counsel Borchert continued his closing statement. Like yesterday, this mostly consisted of subdividing the prosecution’s consideration of evidence into tiny pieces, misinterpreting these in a classical strawman manner and “refuting” them with sophistries.

One example from the beginning of his statement which can serve as an example for the whole thing: contrary to the prosecution, Borchert claimed, the NSU cannot have considered the German state its enemy – after all, its goal had been to force “foreign people” to leave that state! To answer in Borchert’s own words: “Further comment on this argument is surely not needed.”

Continue reading

24 April 2018

The Zschäpe defense begins its closing statement – and it it even more absurd than expected.

This morning the court first heard a witness who had been summoned directly by Eminger defense counsel Sprafke. According to the defense motion, he was to state that Eminger had met him for a breakfast meeting on 4 November 2011. This was meant to refute the finding presented in the prosecution closing statement, based on cell phone tower data, that Eminger had spent the morning of that day looking online for clues of the missing Uwes together with Zschäpe. Contrary to some press reports, this would not have been an “alibi” as these acts are not crimes which Eminger is accused of, but simply presented as one of several pieces of evidence showing his mens rea concerning the crimes he is charged with having abetted. Continue reading

17 April 2018

Defense closing statements postponed once more

The challenges for alleged bias brought by the Eminger defense last week all having been rejected, the court was once more prepared to hear the defense closing statements. However, this was not to be, not because of additional defense motions, but because Zschäpe defense counsel Borchert was absent due to a family emergency and Eminger’s new counsel was absent for health reasons.

The presiding judge tried to get the Gerlach defense to hold their closing statement today. However, the defense noted quite rightly that they were not only unprepared to do so, but that they had also always assumed that the defense teams would hold their statements in the order of the charges in the indictment – after all, Gerlach is charged as an aider and abettor of the crimes Zschäpe is charged to have perpetrated. Continue reading

11 April 2018

Trial day canceled – trial continues on Tuesday, 17 April

Today’s trial session was canceled as the Eminger defense had brought its challenges for alleged bias shortly before the beginning of the session. These challenges, too, are sure to be rejected, after which the trial will continue on Tuesday, 17 April.

10 April 2018

The court tries to speed up the proceedings. Nonetheless, defense closing statements will likely only start next week.

The closing statements of the Zschäpe defense will likely not be held before next week. Further delay was caused today by Attorney Daniel Sprafke from Karlsruhe, new counsel of accused Eminger – Eminger had apparently terminated the relationship to attorney Björn Clemens, formerly of the right-wing “Republican party”, after only a few days. Sprafke, who so far is not known for having defended members of the Nazi scene, had requested that he be appointed as additional assigned counsel and that the trial be interrupted for three weeks to give him time to become acquainted with the proceedings. Both requests were denied today, based mostly on the – very true – argument that there was no reason to doubt that Eminger was adequately defended by the two counsel already assigned to him.  Continue reading

22 March 2018

No defense closing statements today – next try after Easter

Today’s trial session has been canceled due to illness of the accused Zschäpe.

The trial continues after the Easter break on Tuesday, 10 April 2018.

21 March 2018

Defense closing statements to start tomorrow.

The trial day today began at 11:30 – rejecting the challenges for alleged bias brought by the Wohlleben defense took some time. The court then read into evidence some police reports on fake letter bombs sent out around New Year’s 1996/1997– by members of the “Comradeship Jena” according to the evidence. Our colleague Peer Stolle, in his closing statement, had referred to these and other crimes committed before 1998 to show that the accused and their “comrades” had already formed a criminal organization at that point, an organization which must be considered a precursor to the NSU.

Continue reading