Monday, September 29, 2014

Ekspolitimann (42) was sentenced to three years in prison for Linn Madelen (33) fell from … – Dagbladet.no

Ekspolitimann (42) was sentenced to three years in prison for Linn Madelen (33) fell from … – Dagbladet.no

(Dagbladet): The 42-year ekspolitimannen who was accused of having abandoned Linn Madelen Braathen (33) in a helpless condition, has been sentenced to three years in prison in Lower Telemark District Court.

– It is clearly in the legal ruling that the court did not believe defendant’s explanation, although it is not clear in some places, said the family’s counsel Niels-Christian Petersen Schelver Dagbladet.

42-year-old was informed judgment of his defender in Tønsberg just before nine o’clock this morning.

– He is shocked and disappointed with the result and will to appeal, says defender Arne Lie to Dagbladet.

Fake explanation

Linn Madelen Braathen (33) died after falling from the 45 meter high Brevikbrua the night of August 3 last year.

Ekspolitimannen first lied about him at all had remained on the bridge with Braathen. It was only after two weeks, when a surveillance camera showed the two headed for the bridge, he admitted to having been there.

That he lied for several weeks, and thus vulnerable Bråthen family for additional burden, the Court finds that aggravating. “The defendant’s conduct during the initial period after Linn fell from the bridge appears to be reckless,” said the ruling.

– This one is hard for the family, but they are satisfied that he is guilty of what he is accused of. They are also satisfied with the terms of the judgment, which addresses the defendant’s behavior towards the family and the bereaved, says counsel Petersen told Dagbladet.



Convicted of leaving her

Ekspolitimannen testified that he tried to reach Braathen before she fell from the bridge, but did not. Police believed at first that ekspolitimannen thrown or pushed Braathen off the bridge, and charged him with murder.

Based on the evidence however, he was accused of having left Braathen in a helpless condition, and to have lied that he did not was on the bridge with her.

The ruling coincides with the prosecutor’s assertion three years in prison. The court believes the defendant should have realized that Braathen could end up outside the bridge, when he left her.

– The defendant was a well-trained and experienced police officer. He was accustomed to handling difficult situations, and had, among other things, to Sergeant NN, been on several missions where they had stopped suicidal people on the bridges. There are established procedures for the police to act in such situations, and the defendant was well acquainted with them, said the ruling.



Ekspolitimannen judged also to pay costs to the public of 20 000.

Confrontation

Eyewitnesses who drove over the bridge in the relevant period, testified that they saw a man and a woman in an apparent confrontation. A Securitas security guard said he saw the man lying on the ground with folded hands, the woman in front of him. He rose gradually up, and they went on, but he said it looked as if it was’ very bad mood “between the two.

Several neighbors testified in court that they heard the desperate screams and shouts from the bridge the current evening.

But there were no eyewitnesses to the fall and it happened right before.

Lawyer Schelver Petersen said the verdict should fingranskes possibly to go ahead with a compensation case. But if it becomes necessary, they have not yet taken a position.

Ekspolitimannen anchor, however, the case. He has always denied guilt.

– This is a charge. They have had a hope that the defendant would accept this, so that the case is now finished. But the appeal is the right one, says Schelver Petersen told Dagbladet.

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