Even this morning I was at 9.00 clock in the land court for the 4th to observe the trial for the case Tauss. First, I noticed that slightly more people were sitting in the rows of seats as the third the trial. Many apparently knew what makes me think (I see no conspiracy in it!) That has been mixed here, the police and / or prosecution with the audience. For whatever purpose. This is corroborated by an incident in the previous third The trial as a "spectator" to the prosecutor in the midst of negotiating a Hollywood standard by judicial officers Label has sent. Kind of reminded me of Oliver Kahn and Jens Lehmann .
went off with questioning of a witness. The 30-year-old man was sentenced in March 2007 for possession or distribution of child pornography. He then apparently had contacts with SMS and MMS Tauss. During this period, after his conviction, the witness but only legal adult pornography exchanged. A "Werner" he knew not ("Werner" was the code name of Tauss). So for me a clear discharge, even if the witness was a bit "windy". What has shocked me, however: The witness was then probably in his testimony (that sometime before March 2007) by police and prosecutors (and where exactly by whom he has not said) "under pressure" (a statement to make?). On the day of the hearing he claims to "fever and circulatory problems." He was therefore somewhat confused. However, it is the part of the state power has not been received (refusal of medical help?). The court in Karlsruhe went today with no word on this description. Moreover, the connection data of the witnesses probably raised illegal or evaluated. noted Michael Rosenthal (one of the defender) has. Thereafter, the individual compounds were not addressed further. Strange if you ask me. And again konsequenzlos.
was followed by the two witnesses proof of evidence of Defense ( has bruchsal.org here then the details ). It's about the subpoena four new witnesses. In addition to a LKA officials, is apparently quoted in the c't about transmission modes of child pornography, probably will also Alvar Freude (co-founder AK censorship and member of the Internet Study Commission of the government) and Andy Mueller-Maguhn (Member be charged at the head of the Chaos Computer Club ). In addition, an informed person of Child Care . The prosecution holds all three claims are unfounded. The Court has retired to deliberate. The decision on the subpoenas is today at 11.45 Clock (ie in more than 2 hours) in the courtroom while the trial was suspended.
UPDATE clock 11:45
decision is taken, the applications will be rejected, who would have thought it.
UPDATE clock 15:20 (end)
second witness is the 31-year-old man seeking work in Bremerhaven, have had on the investigation into the Tauss out. Together with his lawyer, he entered the hall at 12.00 clock with a "meal". Mhh He claims to be a pedophile and is therefore also in treatment. Also currently runs a case against him. The press row was full, either because of the witness or because the expected pleas for today (that followed also, see below). This witness has DVD's and MMS 'with child pornography to "Werner" (nickname of Tauss) sent. Partly in exchange for money, partly for O2 credit for the prepaid card, but partly also to exchange material. He has at least made with the sale of DVD's enriching and personally, as He has sold more expensive than even purchased. "Werner" will have total paid between 600 and 1200 EUR. The witness said, from a variety of MMS 'and of at least 15-20 DVDs. There were traded only content with minor boys. The witness stated that a few "material" with girls possess. Apparently you get to the scene because a lot harder turn. Tauss has never asked for girls (?). Filed he has contact with Tauss in the mobile phone book under "WernerKnabenSms. Between the two there was never personal or telephone contact. I first met you in the RTL video text chat. The witness had the nickname it "Sascha4You. Then there was confusion for a handwritten note with the address of the Tauss was found at the witness. First it was said that the witness had written, but then by Tauss (?) The prosecutor asked the witness if he have any advantages offered by the authorities when he comes in the process (a particular item? Is The acoustics in the courtroom crappy real ) says. He said no.
my opinion, the prosecutor tried several times by leading questions to elicit from the witness that Tauss had offered to make contact with a "producer". It was the other way (even if the witness lied at that time and has only been played. He never had contact with a "producer / manufacturer).
pleas
First, the prosecutor (essential key points, or too long):
No doubt Tauss is expert and pioneer of the Internet; Robin Hood of the liberties under his priv use because: distribution channels in 2007 lengthens known (Cold Coffee , see here). Search piecemeal approach without Comparison group and therefore inappropriate, and he has no one said anything (although he did supposedly to be right), why did not he start of 2008 as the stop sign debate the results began to be published - death knell for the Zugangserschwernißgesetz would have been, was first denied everything and start not cooperating with investigators, and later target changed from research in detonation child porn ring, material in the private apartment (not in the office), only male children that is focused search, plus homo erotic adult literature; Article 184 b paragraph 5 shall not apply because no "Serv. obligation "such as law enforcement officers, doctors, psychologists, drug Supervisor is not like a Coke in the garage and weapons Supervisor no stinger in the cellar, and all members have equal rights (just because a media representative is no special rights) -> could therefore every Member have child pornography. For Tauss says: Not a criminal record, granting the option (albeit late), only very short video clips on the phone, in person greatly affected, both financially and reputation and reputation. Against Tauss: Long time of the crime area, has other helped to kinderponrographie an active part of the scene, amount was negligible, role model violates
sentence: 15 months imprisonment suspended (2 years probation period) + 6000 EUR monetary payment to victims and perpetrators using clubs.
Then the Defense: read here
Identifies the media prejudice as a "social enforcement". Argument is mainly out to Article 38 GG and BKA misinformation. Calls acquittal.
The pleas last amount of detail in bruchsal.org .
sentencing is tomorrow 28/05/2010 at 12.00 clock. I'm following the day today and the plea a bad feeling, I think this is bad.
addendum from me: Why could demonstrate Ursula von der Leyen child porn if all members the same? procedures within no time set.
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