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Entries in Michael Fritzl (5)

Friday
Mar202009

Josef Fritzl Gets Life Sentence

Fritzl with Eyes ClosedFritzl EyesEyes Up



"I regret from the bottom of my heart what I have done to my family. Unfortunately, I cannot make amends for it. I can only try to look for possibilities to try to limit the damage that's been done."


Those were the last words spoken by Josef Fritzl before the court at St Pölten passed judgment on him. They found him guilty on all 6 counts: rape, deprivation of liberty, incest, coercion, slavery and murder. His punishment: Life imprisonment.




Court representatives said Fritzl appeared 'composed' as his sentence was read out. He immediately accepted the sentence, as did the prosecution, meaning that it is legally binding and ruling out any right of appeal.

Fritzl's defense lawyer, Rudolf Mayer, confirmed that Elisabeth had been present for part of the trial.

'This is what triggered the agitation that led him to confess,' Mayer told German N-TV news channel, referring to his client's surprising change of heart.


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 life sentence would entail a minimum of 15 years in prison, according to Franz Cutka, vice president of St Pölten courts. The 11 months he has already spent incarcerated would count towards that sentence. On the advice of Adelheid Kastner, the forensic psychiatrist who spent 25 hours evaluating Fritzl's mental health, he will first be sent to the Mittersteig prison in Vienna for an evaluation. Afterward, Fritzl may then be transferred to another prison or psychiatric institution. Kastner told the jury that locking him up without therapy and treatment could be dangerous, and that there was a real risk he would try to take his own life. She also said that Fritzl had a serious personality disorder and would pose a threat to others if freed. He remains under a suicide watch.

"He has the right to voice an opinion on where he should be sent, but this wish has to tally with any expert opinion and with the directorate of the prison," said Huber-Günsthofer the deputy director of St Pölten prison, where Fritzl has been held since his arrest last April.


There was never really any doubt of Fritzl's guilt, even his lawyer, Rudolf  Mayer, admitted that Fritzl had raped his daughter 3,000 times, but his fate was sealed when Fritzl changed his plea to guilty on all counts, including the "murder by neglect" of his infant son, Michael. This was the most serious charge against him and it was this charge that earned him the life sentence.

"The life sentence was a consequence of his confession," Mayer told reporters after the jury's decision. "After confessing to 3,000 instances of rapes, 24 years of captivity in a cellar, plus murder, it's obvious that such a sentence will be handed down."


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At a news conference after the verdict, court officials said Elisabeth could bring a separate civil case against Fritzl to seek damages for her suffering, adding there was no limit to what she could request. They said the Austrian government would join in on bankruptcy proceedings that Fritzl recently initiated, and said the process could involve selling his seven real estate holdings — including the house in Amstetten where he held his daughter. They also said Fritzl would have to secure permission from Austria's Justice Ministry if he wanted to write and sell his memoirs.

Amstetten's mayor verbalized the unspoken thoughts of the people of his town - and perhaps for most Austrians - who for almost a year came under the intense attention of the entire world when he said:

'A dark chapter in the history of our town is now closed,' said Amstetten Mayor Herbert Katzengruber after the guilty verdict was announced. 'We all hoped it would turn out this way.'

 

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Thursday
Mar192009

The Josef Fritzl Trial - Day 3 - Guilty!

Rudolf MayerFritzl at CourtJudge Andrea Humer



"I recognize that I am guilty of all the charges presented," he said. "I regret what I've done." With those words, Josef Fritzl ended any further reason to continue with his trial. He uttered those words in front of  judge Andrea Humer at the beginning of the third day of his trial. 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.

Asked what had made him change his mind so suddenly, and prompted him to admit to the charges of murder and slavery that he had previously rejected, Fritzl said: "Because of the video testimony of my daughter."




Under questioning by judge Andrea Humer with regards to the murder charge, Fritzl admitted that he was present when the twins were born and confessed he knew Michael had breathing problems. Baby Michael lived for 66 hours and Judge Humer told Fritzl that was more than enough time to see there was a severe health problem and seek medical help.

"I don't know why I did not help. I was hoping he would get through it," Fritzl told the hushed courtroom at Sankt Poelten, Austria. "I should have done something. I simply failed to do so. I was of the opinion the little one would survive."


Before pleading guilty to all six charges against him: rape, deprivation of liberty, incest, coercion, slavery and murder Josef Fritzl did not even bother to inform his lawyer, Rudolf Mayer, but he did request to see a psychiatrist after leaving court the evening before.

"He asked to see a psychiatrist afterwards, so crushed was he. The testimony which he saw for the first time had a profoundly devastating effect on him and led to the change of direction in this trial."


Rudolf Mayer's client had not informed him in advance of his decision to plead guilty, he said:

"I was indeed surprised, not least because someone with such a personality disorder as he has - which involves keeping up appearances and giving the impression that he's the one with the power - finds it difficult to drop his trousers in front of the world."


Until his confession, Fritzl had stubbornly refused to admit that he had caused Elisabeth much suffering, arguing instead that he had saved her from a life of ruin and debauchery when he lured her into the cellar at the age of 18.

Fritzl will face a sentence of between 20 years and life imprisonment. But it is possible that his confession will lead to a reduced sentence. "It all depends on whether the jury and the judges take the confession to be a mitigating circumstance," said the vice-president of the court, Franz Cutka. The verdict and sentencing are expected in tomorrow's session.

Fritzl is on a suicide watch, meaning at the end of each day's court sessions guards remove his tie and belt to ensure he cannot use them to harm himself. There were unconfirmed reports that Elisabeth was in court and that Fritzl made eye contact with her the day before he changed his plea. The pair had not met since Fritzl's reign of terror was exposed and he was arrested last April at his home in Amstetten.




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Wednesday
Mar182009

The Josef Fritzl Trial - Day Two

Fritzl's FaceFritzl at CourtFritzl and the Police



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.

 

Fritzl Hides FaceCourtElisabeth Fritzl



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.

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Friday
Sep122008

Elisabeth Fritzl Talks About Her Dad



Elisabeth Fritzl, 42, imprisoned and repeatedly raped for 24 years has begun to describe her life as a sex slave, kept alive only to serve the depraved sexual desires of her own father, Josef Fritzl. She bore him 7 children (6 of whom survived) while she was his captive in a dungeon built under his house. She and 4 of her 7 children had no contact with the outside world; they had no friends; they never once were allowed outside; they never even saw the sun; in fact nobody but Josef Fritzl even knew that they were alive.

On the 28 August, 1984, Josef Fritzl locked his daughter Elisabeth in the cellar of the family home in Amstetten, Austria. Her indescribable pain, suffering, humiliation and degradation would last 8,516 days until her release on the 26th April, 2008. See the complete story of their captivity and rescue in a 5 part video documentary entitled The Josef Fritzl Story.

[googlemaps http://maps.google.com/maps?f=q&hl=en&geocode=&q=amstetten,+austria&sll=37.0625,-95.677068&sspn=32.66491,79.101563&ie=UTF8&layer=c&s=AARTsJrYy1Oaqa4chGUBnPmikSbjrNGefw&ll=48.69096,11.865234&spn=11.609354,37.353516&z=4&output=embed&w=425&h=200]



As prosecutors prepare the case against Josef Fritzl, which will hopefully go to trial before the end of the year, his enslaved daughter, Elisabeth Fritzl, has given her testimony to Austria's top female judge, Andrea Humer, excerpts of which were published in the Sun. In her interview with Ms Humer, Elisabeth said that her father threatened to leave them to rot in the cellar, which had no windows and was sealed by an electronically-locked door.

"He said he could close the door whenever he wanted and then we would soon see how we survived," she said.

The judge asked: "Did you take these threats as real?" Elisabeth replied: "Yes."


Elisabeth told the judge that she was raped up to three times a week by her father. She said that it was useless to resist because if she refused him, he would take it out on herself and the kids. He also threatened to leave her and the children to die in the cellar if they did not follow his commands.

"He was very brutal against me, and when I did not agree to have sex, then the kids would suffer. We knew he would kick us or be bad to us."


Elisabeth said she tried to give her children as normal a life as possible in their captivity, locked away in the dungeon. Whenever her father was not around, she would entertain them by singing to them and telling them stories. But when her father came to visit, the entire atmosphere dramatically changed.

"When he went away we led our own lives. When he was down here it was all silence. When he came down to the cellar we just tried to survive. He was just all-powerful."

 

She said her father regularly bullied them into subdued silence, punishing them if they dared to answer back.




"He wouldn't let the kids develop their own personalities. He didn't like them to talk back. At the beginning, when they were small, it wasn't such a problem. But as they got bigger and started developing a personality it was more of a problem. He did not like it and he tried to stop it. He would not allow the kids to have their own will."



It has been reported that the children are unwilling to testify against their father, but with the detailed description provided by Elisabeth of her experiences, their testimony may not add anything of value to the prosecutor's case.

Josef Fritzl himself gave an interview earlier to try and defend his actions. Fritzl maintains he acted out of love in imprisoning Elisabeth when she was 18 and keeping her in his cellar dungeon, where she was tortured and raped, giving birth to seven children.

"I grew up in the Nazi times, and that meant the need to be controlled and respect authority. Yet, despite that, I am not the monster that I am portrayed as in the media."


Josef Fritzl would be hard pressed to find anyone who agrees with him. Along with his own admission of having sex with his daughter and her testimony to judge Andrea Humer, prosecutors are hoping to bring as many as 3,000 counts of rape against the 73-year-old Josef Fritzl. In fact they are also looking into adding manslaughter charges for Fritzl's role in the death of one of his children, Michael, who died shortly after birth in 1997 and whose body Fritzl burned in an incinerator.

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Friday
Aug012008

Elisabeth Fritzl Kicks Mom Out



Elisabeth Fritzl, 42, has had a terrible life. Raped by her father, Josef Fritzl, 73, since age 11 and incarcerated by him for 24 years. She bore her father 7 children, six of whom are still alive, while being held captive in a dungeon cellar. For a detailed look at the abuse Elisabeth suffered at the hands of her father click here for The Josef Fritzl story.

It now appears that a rift has opened up between her mother, Rosemarie Fritzl, 69, and herself. According to reports, Elisabeth has asked her mother to leave their home. She, Elisabeth, appears to have mixed feelings about her mother:

She is said to find it hard to understand why her mother stayed with her father even though he was a convicted rapist who spent time in jail in the 1960’s.


She also has a hard time understanding why her mother did not stand up to her father, who began raping her when she was only 11 years old. She finds it hard to believe that her mother knew nothing at all about the abuse. Also, when Josef told his wife that Elisabeth had run away from home, she wonders why her mother did not do more to try and find her, especially when Josef produced three of her children who were supposedly left on her doorstep.

Elisabeth is also upset that the three children who grew up with her mother are still calling Rosemarie "Mom" and not "Grandmother". The children: Lisa, 16, Monika, 14, and Alexander, 12, were all raised by Josef and Rosemarie in their home, while the other children: Kerstin, 19, Stefan, 18, and Felix, 5, were forced to live in the cellar with Elisabeth.

In the meantime, Rosemarie Fritzl was seen collecting some personal items from her old house. Christoph Herbst, the lawyer for the Fritzl family, said: "No-one from that family will ever want to live in that house again." It is believed that she has moved in with one of her relatives, possibly one of her own sons. Rosemarie is said to be "shattered" that she had to leave her family. Doctors fear she could be the most severely disturbed member of the family. Christoph Herbst, the family's lawyer, said after Elisabeth was freed in April:

"Rosemarie has lost the centre of her world. Her life was never that good but she always had the children and she had to be strong and be there for them no matter how bad things were at home.

"Now she is no longer the key figure in the children's lives because their mother has returned and she also has to deal with the awful revelations of what had happened to her daughter Elisabeth over all these years."


After being asked to leave her family, Rosemarie announced that she would be divorcing her husband Josef. She had married him at age 17 and had spent the next 52 years of her life as his wife. She is reportedly doing all she can to distance herself from her husband. She will take back her maiden name after the divorce. Not having worked since her early youth, Mrs Fritzl is only entitled to meager benefits payments.

In other developments Elisabeth Fritzl has finished giving testimony against her father. She spent 4 days talking to prosecutors. While details of her testimony have not been made public, it is believed that she accused her father of rape and psychological torment, as well as for the death of her child, who is thought to have died three days after birth because of conditions in the cellar.

However there seems to be some reluctance on the part of the adult children to give testimony against their father. Prosecutors want to use the testimonies of Kerstin,19, and Stefan,18, to reinforce the charges against their father.The prosecution spokesman, Gerhard Sedlacek, said:

“We still have not fixed a date for the questioning of the two adult children but it has now emerged that they could make use of their right not to speak to the authorities and refuse to give evidence against their father.

“The matter will be discussed between their lawyer and the judge in charge, but it has been suggested that they decline to give any statement.”


Josef Fritzl, a retired engineer, has made a partial confession and is facing charges of manslaughter for the death in 1996 of Michael, who was the twin brother of 12-year-old Alexander, as well as rape, coercion, deprivation of freedom and incest. However, prosecutors said that the first two charges would be very difficult to prove because of the lack of scientific evidence and because they were relying to a large extent on the testimonies of the children to strengthen their case.

“There is no direct forensic evidence due to the time elapsed and there is no body, since he allegedly burnt the baby in an oven. The charges could therefore only be based on the testimony of his daughter. In addition, in order to stand up the charges of manslaughter, one would need to attain evidence that there was premeditation, as well as evidence that the child would have survived had it received medical attention.”


The allegations of rape, which carry a maximum sentence of 15 years in prison, would also be difficult to prove because of lack of corroborating evidence, and the charges would only be based on the testimony of Elisabeth.

If his adult children refuse to give evidence, Mr Fritzl could be facing a ten-year prison term as Austrian law does not allow for multiple convictions. This means that even if he is found guilty of several crimes, he will only serve one punishment, for the offense that carries the longest prison sentence, which in this case is likely to be deprivation of freedom.

A jury of eight will decide whether Mr Fritzl is guilty. If he is convicted they will confer with a panel of three judges to determine his sentence. The trial is set to start sometime in the fall.

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