Montpelier. Botched police investigation: did a lawyer avoid a miscarriage of justice?

A lawyer pleaded the risk of a miscarriage of justice (©Montpellier Bar)

The judges of Montpellier Criminal Court dismissed the trial of a suspected burglar, convinced by his lawyer’s argument that he might be innocent. The hearing, which was held last week, was therefore postponed to Thursday, April 29, the court having ordered additional judicial information, the time to verify the revelations of the defendant’s lawyer: denouncing a botched investigation, supporting arguments concerning the track of the true author which had not been exploited, he installed a doubt.

Pointed with a handgun

The facts date back to November 30, around 8:30 a.m., on a construction site in Val d’Aurelle, on the northern site of Euromédecine in Montpellier: an individual is caught in the act of stealing the trailer by a worker; he has already loaded tools into a vehicle. While the latter wants to control him, the stranger pulls out a handgun and points the barrel towards his head, before fleeing at the wheel of a Citroën C4, spotted at 10:50 a.m., rue du Lauragais, outside Paris. corner of the avenue du Biterrois, in the city of Mosson-la Paillade. The driver reverses for several tens of meters, abandons the car and disappears running. ers a bar of buildings.

Eight flights

Public Security police officers find on a seat the firearm used on the construction site, a soft air pistol unmistakably resembling a real 9mm caliber firearm. The stolen tools are discovered with other objects (hard disk, antenna, electric bicycle, scooter, etc.) which, after investigations by the departmental security of Hérault, will prove to come from eight flights committed in Montpellier, between 18 and 30 November.

The owner of the C4 is identified – a 38-year-old Montpellier resident already known to justice for thirteen convictions – but he is absent from his home for good reason, he went by train to Lille, in the North. The investigators went back to him thanks to the license plate of the C4, but also with the testimony of the construction worker, who is formal: it was this thirty-year-old who pointed him with the pistol at Euromédecine. Question: was he wrong?

school bag

The suspect sought was arrested on December 9 in his circle in Montpellier and in police custody, before being imprisoned for two months and released on bail in February, claims to have never committed this theft to Euromédecine, revealing to have sold the C4 on November 8 and never having regularized the transaction, in particular for the gray card, coughs in his name, a version maintained during the trial, last week, where the public prosecutor of Montpellier required eighteen months of prison, ten of which are closed with a warrant of committal, before a dramatic change. The defendant’s lawyer highlighted a botched investigation by the departmental security of the Hérault, namely the discovery during the search of the C4 of a small school bag on which were mentioned the first name and the name of a child, the son of an escapee remaining cited from la Mosson, after not having returned to a semi-freedom center, recently arrested and imprisoned for the attempted assassination of a police officer from the anti-crime brigade -Bac-, quoted Paul Valéry, in Montpellier.

“We looked for a culprit”

On the evening of February 1, this drug addict voluntarily rammed and dragged this policeman. A dazzling detail in the file and never exploited by the police attests that the stolen scooter recovered in the C4 was equipped with a GPS beacon which bounded Square Neptune, 400 m from the home of the indicted for attempted murder, raises the lawyer on the audience. And to wonder, in the direction of the prosecutor: “Why did the investigation not go further? Ditto for the buyer of the C4. Because in this case, we did not seek the truth, we looked for a culprit, adding another argument and not the least, drawn from the reading and analysis of the procedure: the impossibility for his client to be at the wheel of the C4 on the day of the events at 10:50 a.m., rue du Lauragais, then that his mobile phone stopped at 10:53 a.m., next to the Marché-Gare, in the Prés d’Arènes-Tournezy district. And to drive the point home: “My client does not have the gift of ubiquity, you can see that it is not possible, it is eighteen minutes from La Mosson! “. Did this lawyer avoid a miscarriage of justice?

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