The Josef Fritzl Trial - Day Two

Josef Fritzl's trial is in its second day. On the first day he pleaded guilty to: Incest, Coercion, Rape and Deprivation of liberty. He pleaded not guilty to: Murder and Enslavement. See The Josef Fritzl Trial - Day One for all the details. Catch the story from the beginning in this 5-part video called The Josef Fritzl Story and read about developments in the case since being arrested and imprisoned on The Josef Fritzl Page.

The second day of the trial that has been dubbed Austria's Trial of the Century began about 9:00 am with Josef Fritzl once again entering court holding a blue folder in front of his face, and holding it up for 10 minutes until cameramen were ordered to leave the courtroom. This time however a photographer was able to take some still pictures of him during his appearance.

This day was not about Josef Fritzl; it was about Elisabeth. It was about how she suffered at the hands of the man who held her captive for 24 years during which she bore him 7 children. It was the day that Josef Fritzl came face to face with the crimes he had committed. It was the day that Elisabeth Fritzl became an avenging angel. During 11 hours of recorded testimony she told the court and the world who her father really was - a rapist, a murderer and a monster who allowed one of their children, Michael, to die without trying to help.

For a man who had been accustomed to being in control, it was his day of reckoning. Fritzl watched the tape, that could very well send him to prison for life, with full attention. As Elisabeth recounted her litany of humiliations, the tape was stopped and Fritzl was cross-questioned. The main aim of the proceedings was to address the most serious charge against Fritzl, that of murdering one of the seven babies fathered in the mouldy fetid cellar of his sprawling house in Amstetten.

Michael, the first born twin, was in trouble. "The accused could see that Michael's situation was getting worse," says the charge sheet, "Fritzl was fully aware of this. Instead of calling for emergency medical care for the newborn and securing help for the baby, Fritzl simply told Elisabeth 'what will be, will be'".

The baby died two days later. Fritzl is said to have burned the body in a stove in the cellar. Fritzl denies being in the cellar at the time of death, and considers himself not guilty of "murder by neglect". Elisabeth's version — which forms the basis of the indictment — was clearly essential.

The taped testimonial provided the basic material for the indictment which describes a history of sexual abuse from the age of 11. Elisabeth recorded her testimony last summer, three months after her release from the cellar of the family home. The memories of her ordeal were still fresh and state prosecutor, Christiane Burkheiser, remembers the occasion — the taping was held over several days, in the presence of psychiatrists and Fritzl's defense lawyer Rudolf Mayer — as being particularly grueling.

"This was much more emotionally difficult than questioning Mr Fritzl," said the 33-year-old state prosecutor in an interview.

The taped testimony had been introduced to spare Elisabeth the need to be in the same room as her father, she vows that she never wants to see him again. She tells how she had to give in to her father's daily demands for violent sex because she knew he had the power of life and death over her. She described how her father not only raped her thousands of times but humiliated her by forcing her to re-enact scenes from pornographic films he made her watch.

The sexual abuse often took place in front of the three children who grew up in the cellar. She described how Fritzl would bring boxes of pornographic videos into the cellar, where he had set up a TV and video recorder, then order his daughter to re-enact scenes with him. Elisabeth gave her evidence looking straight into a camera with no-one else in the room, while lawyers asked her questions from neighboring rooms.

In addition to her testimony, another recording was made by her brother, Harald, in whom she was said to confide. His testimony was also played for the court. He was the only other family member who was willing to testify against Fritzl. The jury also listened to a statement from a neonatal specialist who testified on whether Michael's death was preventable.

Josef Fritzl has been put on a suicide watch. He is being accompanied by a doctor to whom he had access during breaks in the trial, part of routine psychological and "suicide prevention measures", said Erich Huber-Guensthofer, deputy director of Sankt Poelten prison, where the defendant is being held. The prosecution has requested that Fritzl be placed in a psychiatric institution after the trial.

Prior to these alleged crimes, Fritzl had been arrested three times in connection with sex offenses — he was never charged in the cases of attempted rape and public exposure, but he served a sentence for a rape conviction in the late 1960s. As well as the possible life sentence for murder, Fritzl faces 20 years behind bars if found guilty of enslavement, up to 15 for a rape conviction, and one year for an incest conviction. The trial continues tomorrow.

The Josef Fritzl Trial - Day One

The trial of Josef Fritzl, 73, - who for 24 years incarcerated and raped his own daughter who bore him 7 children, 6 of whom survived - has begun. Catch the story from the beginning in this 5-part video called The Josef Fritzl Story and read about developments in the case since being arrested and imprisoned on The Josef Fritzl Page.

On the first day of the trial news organizations from around the world descended on the Austrian town of St. Poelten to witness what some have called Austria's trial of the century. Cameras were only allowed in the courtroom for the beginning of the proceedings.

Josef Fritzl is charged with 6 crimes: rape, deprivation of liberty, incest, coercion, slavery and murder. In court he pleaded guilty to 4 of those charges and not guilty on the other two:

Murder - Not Guilty
Enslavement - Not Guilty
Deprivation of liberty - Guilty
Incest - Guilty
Coercion - Guilty
Rape - Partially Guilty

On the rape charge he entered a plea of partially guilty, which is permissible. Fritzl could plead guilty to the rape charge in general but dispute the prosecution’s claims as to the degree of violence he used. Austrian law differentiates between the severity of rapes and levels of coercion, and takes into account the degree of violence used and the consequences for the victim. His lawyer, Rudolf Mayer, is expected to clarify Fritzl's plea on this charge.

 

The trial began with the prosecution pressing for life imprisonment in an institution for the criminally insane. Chief prosecutor Christiane Burkhauser described Fritzl's crimes as inconceivable.  He "showed no sign of regret or any consciousness of wrongdoing," she said.

In her opening statement, prosecutor Christiane Burkheiser described how, on 29 August 1984, Fritzl sedated his then 18-year-old daughter by putting a cloth over her nose and mouth and dragged her into the cellar. He then secured a chain around her stomach so she had no chance to escape. The next day he raped her. As she bore his children over the next 24 years, he repeatedly raped her in front of them, the court heard. She went towards the eight jurors with a box of musty objects and scraps of cloth, from the cellar where Elisabeth and her children had lived to give them an idea of the conditions in which they were locked up. "Smell these things," she urged the jury, who flinched back in their seats.

"It was his playground. He used her like a toy," said Burkheiser.

She told the jury to imagine living underground in a damp space just 11 metres square (118 sq ft) – the same size as the jury bench – kitted out with just "a wash basin, a sleeping corner, no warm water, no shower, no heating, and worst of all, no daylight" she said, adding it was also "incredibly humid" and the air was moldy and stale.

"They had to crawl on their knees in order to get around the dungeon," she told the court. "It was damp and mouldy. The dampness crept into their backs and into their bones." Only after nine years was the cellar expanded.

At other times, she said, Fritzl punished his daughter by shutting off the electricity _ plunging the dungeon cell into darkness for days at a time. "Josef Fritzl used his daughter like his property," Burkheiser said.

Christiane Burkheiser, who is 32 and conducting her first major case since being made chief prosecutor, said that he had treated his daughter as a toy - an allegation linked to the enslavement charge, which Fritzl denies.

The defense lawyer, Rudolf Mayer, appealed to the jury to be objective and not be swayed by emotions. He insisted Fritzl was "not a monster". Before the trial got under way, Mayer said his client was nervous. "He told me, 'I'm scared, Mr Mayer'."

Addressing the jury, Mayer said: "You need to keep emotions out of this. Even with someone like him who has been described as a monster, it's irrelevant if he is an unsympathetic character or a monster."

Mayer described how Fritzl had managed to care for "two families" – "you cannot call someone who does that a monster". He added: "If you only want your daughter for sex you don't want children. You would let them starve."

As if to try to explain his actions Fritzl told the court that he had had a very difficult childhood. He told the three judges and eight jurors that, at the age of 12, he had made it clear to his own mother that he would not tolerate being beaten any longer and would defend himself.

"From that point on, I was Satan personified for her," he said. She never showed him any affection and his father appeared only "rarely and sporadically", he said.

In the afternoon session the court was said to have begun watching an 11-hour video testimony in which Elisabeth recounted her ordeal. The video was stopped at points for Fritzl to respond, said Franz Cutka, a court spokesman. The court will continue to watch it tomorrow.

Four expert witnesses are ready to give evidence if necessary: a doctor who specializes in newborns, a psychiatrist, an electrical engineer and a surveyor who inspected the dungeon.

Neither Fritzl's wife, Rosemarie, nor any of his other children will give evidence at the trial because they have refused to do so.

Central to the trial is the ­accusation that Fritzl murdered, through neglect, a baby twin called Michael born to his daughter in the cellar in 1996. The boy had breathing difficulties and died when he was three days old. Prosecutors will argue that Fritzl could have saved his life if he had got medical help. Instead the baby died in his mother's arms and Fritzl disposed of the corpse in an incinerator in his back yard.

If convicted of murder Fritzl faces life imprisonment. If not, the maximum sentence he could expect to receive would be 15 years. According to legal experts he could potentially be out of prison in six and a half years, having already served a year in prison.