Brigitte Muller Case
The Muller case is a french judicial case in which Dr. Jean-Louis Muller was accused of murdering his spouse Brigitte, in their Ingwiller home on November 8th, 1999.
Biographies[edit]
Brigitte Muller has two brothers. She has a degree in Italian.[1]. She is a part-time documentalist in a school in Strasbourg. She is considered discreet, gentle, fragile, passionate about art and literature. Brigitte and Jean-Louis have two sons.
Jean-Louis Muller has three sisters. His father was ultra-authoritarian, a doctor and former Wehrmacht sergent. His mother was strict showed little affection. He wished to follow a career in the military, but when he turned 18 his father decided he would follow his footsteps and become a doctor. His home is built in the backyard of his father's property upon the elder's request. Jean-Louis refuses to pay rent and his father comes to collect it by threatening Jean-Louis with a 22 long rifle[1].
Muller was a volunteer fireman. He is a medical examiner, forensic scientist, reserve lieutenant-colonel, university lecturer, member of the city council, member of the Vosges club and member of the shooting club. He is considered grumpy, angry, constantly talkative, insatiable lecturer, hyperactive, and good health professional. He possesses five firearms, all officially registered. He also has a horse named Urano[1].
In January 1998, Brigitte gets hit in the face by one of Urano's hooves. She undergoes two surgeries and is slightly disfigured. Her jaw makes her suffer greatly[1]. She faces many difficulties at work where she feels harassed. She regularly consults a psychiatrist for her existential troubles.
In October 1999, Brigitte befriended Hans-Peter, researcher at CNRS in Strasbourg. They begin a platonic relationship and only share one kiss, on November 5, 1999, on a public bench[1]. They would only meet four times[2]. According to Hans-Peter who spoke to her on the phone, Brigitte was "depressed" on the evening of November 8, 1999[2]. The expert psychiatrist talks about an "impossible choice."
Facts and investigation[edit]
Little after 9 PM on November 8, 1999, Jean-Louis Muller calls the Saverne police from his Ingwiller home.
He delcares that as he sat down in front of his television to watch "À armes égales" he heard a "large noise" coming from the basement. He went down and discovered his spouse Brigitte lying on the floor of the children's playroom. She had committed suicide by firing a bullet in her brain with Jean-Louis' .357 magnum revolver. The bloody weapon is at her feet and the entire room is covered in blood spatters.
The investigators do not find any evidence suggesting there might have been a physical conflict. They do not find any footprints that might indicate the presence of a third person. In front of a wedding photo of the couple, they find a knive planted in a Kinder wrapper that had been placed on a cutting board. Printed on the wrapper, one could read "Cia, Ciao, Ciao"[1]. Brigitte's body had not been moved and there weren't any traces of a clean-up suggesting a cover-up.
An autopsy is performed on Brigitte's corpse which reveals no trace of struggle or fight.
On November 13, 1999, Brigitte's body is incinerated
On February 21, 2000, the case is classified as a suicide after analysis and testimony by the ballistic experts of the Jean-Marie Grafeille laboratory[1].
On October 19, 2000, the prosecutor opens a new homocide investigation on the basis of an psychiatric expert opinion[1]. While excluding a suicide of "pathological" (depression) cause, it does not exclude an "existential" suicide. This expert says that there were no intra-familial conflicts.
The prosecutor in charge of the case had a personal grief against Jean-Louis Muller who allegedly betrayed him, testifying in favor of the defense in a previous case. This goes against the European court of human rights which mandates total and absolute neutrality on behalf of the court. Jean-Louis Muller had officially criticized this prosecutor in her handling of the Paul Jacquin case: a Zittersheim school teacher accused of molestation who committed suicide during his arrest in class, in front of his students.
Jean-Louis Muller is suspected to have murdered his spouse. He pleads innocence. His criminal record is clean.
There are no fingerprints on the weapon, as if it had been cleaned. A large but non-significant gunshot residue is found on Jean-Louis' hands and sleeves (possibly explained by aerosol), even though very few are present on Brigitte's hands and sleeves. However, a large amount were found on the pants under which laid Brigitte's right hand.
Brigitte's relatives declared she hated firearms even though she wrote a whole thesis about the subject
Starting on May 7, 2001, the experts asked for a reconstruction (a banal act, classic in criminal matters and without any difficulty to carry out the places being accessible and unchanged) to establish the materiality of the facts. In March 2002, immediately after Jean-Louis Muller's indictment on November 8, 2001, which occurred on the anniversary of Brigitte's death, the defense requested that this act be performed (and then nearly 10 times thereafter), even though it was defined as "crucial" and its "absence" was prejudicial to the establishment of the facts according to the constant jurisprudence of the European Court of Human Rights.
Trial[edit]
In 2008, Jean-Louis Muller's trial begins at the Bas-Rhin Court in Strasbourg. His defense is assured by Thierry Moser, François Saint-Pierre and Pierre Schultz[1]. Marc Vialle and Michaël Wacquez, are the lawyers of Brigitte's family[1]. The court, despite the abandonment of the modus operandi retained by the prosecution during the investigation, the expert Dr. Schyma admitting that he was mistaken, even though he had also suggested that a reconstruction be carried out, refused this crucial act. The "disturbing" personality of Jean-Louis prevailed over the establishment of the material facts.
Jean-Louis Muller was sentenced to twenty years of criminal imprisonment. He appealed this decision.
In 2010, Jean-Louis Muller's appeal trial began at the Haut-Rhin Court in Colmar.
In spite of Professor Mangin's report, the court again refused an official reconstruction.
The psychiatrist describes him as "paraoid, quarellsome, obsessive, psychorigid, litigious," he "does not tolerate randomness" and wants to control everything. He must not let "any grain of sand" enter his social, professional, and familial success[1]
Still without any facts materially "established", he was again sentenced to twenty years of criminal imprisonment. He appealed to the Court of Cassation.
In 2011, the court of cassation cancels his condemnation.
In October 2013, Jean-Louis Muller's trial began at the Meurthe-et-Moselle Supreme Court in Nancy. His defense was assured by Éric Dupond-Moretti, who performed a life-size reenactment in front of the jurors in the middle of the courtroom, with the table from the children's playroom where an electric train was placed at the center of attention. This "crucial" demonstration convinced the jury because the lawyer proved that his client should have been in a state of levitation in order to kill his wife at that moment.
On October 31, 2013, Jean-Louis Muller is acquitted.
Follow-up and consequences[edit]
On November 5, 2014, Arte and Maha Productions were condemned by the High Court of Paris for violating the privacy of Jean-Louis Muller in the program Intime conviction, which "called into question" Jean-Louis Muller's innocence and was then banned from broadcasting.
On December 8, 2015, Jean-Louis Muller was partially compensated by the national commission for reparation of pre-trial detention in contradiction with the European Court of Human Rights which requires full reparations. As the court stated, this case destroyed Jean-Louis' social, professional and financial life.
On April 15, 2016, Jean-Louis Muller filed an appeal before the Paris high court for "gross misconduct" with a request for full compensation for the damage suffered on the basis of multiple "violations" of case law of the European Court of Human Rights, including the right to a fair trial and an unreasonable length of time: 4375 days.
On October 31, 2017, Emmanuel Macron solemnly declared before the European Court of Human Rights, that from then on, France will apply "unconditionally" the jurisprudence of this high court.
On November 13, 2018, the Paris Court of Appeal confirmed the decision of the Paris High Court. Jean-Louis Muller is appealing to the Supreme Court.
On March 18, 2020, the Court of Cassation rejected the appeal on the grounds that a reenactment was useless as the documents in the file were sufficient, in contradiction with the jurisprudence of the ECHR, which precisely considers that documents (photos, sketches) cannot replace a contradictory setting of the theses. Jean-Louis Muller will file a request before the ECHR on September 1, 2020 and is waiting for a first decision.
To this day, this process is still ongoing.
Notes and references[edit]
Press coverage[edit]
- « Le Dr Muller condamné en appel à 20 ans de réclusion » Article published on June 23, 2010 in Le Nouvel observateur.
- La famille de l'instituteur décédé s'en prend au magistrat
- « Procès : le légiste, le mystérieux suicide de sa femme et le revolver » Article by Anne-Sophie Hojlo published on October 21, 2013 in Le Nouvel observateur.
- « Le Dr Muller est-il l'auteur d'un crime parfait ? » Article by Julie Saulnier published on October 22, 2013 in L'Express.
- « Procès Muller : "Ce n'est pas moi qui l'ai tuée" » Article by Anne-Sophie Hojlo published on October 22, 2013 in Le Nouvel observateur.
- « Procès du Dr Muller : "Vous êtes chutologue ou balisticien ?" » Article by Anne-Sophie Hojlo published on October 23, 2013 in Le Nouvel observateur.
- « Le nouveau visage du docteur Muller à son troisième procès » Article by Ondine Millot published on October 23, 2013 in Libération.
- « Le docteur Muller acquitté du meurtre de son épouse » Article by Soren Seelow published on October 31, 2013 in Le Monde.
- « Le Dr Muller, accusé du meurtre de sa femme, acquitté » Article published on October 31, 2013 in L'Express.
- « Le Dr Muller finalement acquitté du meurtre de sa femme » Article published on October 31, 2013 in Le Nouvel observateur.
- « Procès du Dr Muller: un acquittement pas comme les autres » Article by Julie Saulnier published on November 1, 2013 in L'Express.
- « Après trois procès, le docteur Muller acquitté » Published on November 1, 2013 in Paris Match.
- Nancy Assises. Procès Muller: la victime était «désespérée» selon son amant
- « 145 000 € pour Jean-Louis Muller » Article published on September 19, 2014 in L'Est républicain.
- "Affaire Muller: la très étonnante "fiction" qui conduit Arte au tribunal"
- « Après son acquittement, plus de 365 000 euros d'indemnisation pour le docteur Muller » Article published on February 20, 2015 in Le Monde.
- « Le Dr Muller indemnisé à hauteur de plus de 350 000 euros » Article published on February 20, 2015 inL'Express.
Television Documentaries[edit]
- « Muller contre Muller » November 1, 2014 in Faites entrer l'accusé presented by Frédérique Lantieri in France 2.
- « Un bien étrange suicide » June 10, 16, 18 and December 1, 30 2017 in Indices sur Numéro 23.
- « L'affaire du docteur Muller : "une victoire de la Justice contre l'injustice" » in Crimes à l'Est sur France 3.
- « Un innocent trop confiant » written and directed by Ketty Rios Palma and Florence Cassez / 52’ / Collection Dans les yeux de Florence on Planète + CI in 2016.
- « Der Fall Louis Muller » Doku ZDFinfo Doku Täterjagd in 2018.
Radio Shows[edit]
- « L'affaire Jean-Louis Muller » on October 18, 2013 and « Autopsie du procès Muller » on November 4, 2013 in L'Heure du crime by Jacques Pradel on RTL.
This article "Brigitte Muller Case" is from Wikipedia. The list of its authors can be seen in its historical and/or the page Edithistory:Brigitte Muller Case. Articles copied from Draft Namespace on Wikipedia could be seen on the Draft Namespace of Wikipedia and not main one.
