A bedroom, a gun and a woman who died from a shot in the head in the left temple: the death of 36-year-old Diana S. (Name changed) has been employing the police and judiciary since 2015 – and her husband Srecko S. The 61-year-old remained free for years, was finally arrested, but was acquitted of murder charges in a trial before the Munich regional court and released from prison. But the Federal Court of Justice overturned the verdict, so S. was imprisoned again. This Tuesday the case will be reopened before the 1st jury chamber at the Munich I Regional Court. And again Srecko S. is charged with murder.
“Our client maintains that he did not shoot his wife,” say the two defense attorneys Andrè Miegel and Benedikt Stehle. Your goal is therefore another acquittal. Prosecutor Johanna Heidrich will be sitting on the other side of the courtroom again. She had once commissioned a smoke trace report, which ultimately led to Srecko S.’s arrest. And upon her appeal, the Federal Court of Justice overturned the first judgment.
In the first trial, the defendant’s wife was described as fun-loving, Srecko S. as a brutal tyrant. After 13 years of marriage, Diana S. separated from him, moved to Augsburg with her daughter and wanted to bring her other four children with her. A corresponding appointment at the family court was pending. A few days before this date, Srecko S. is said to have persuaded her to spend the night in the house they had previously shared in Haar so that they could go on a trip with the children the next day.
The jury will again deal with what happened in the bedroom that night: Srecko S. claimed that he had been in the toilet. When he came into the room, Diana S. was holding his gun in her hand and pointing it at herself. The shot went off in the scramble for the pistol.
The public prosecutor’s office assumed that Srecko S. had discovered photos in lingerie on his wife’s cell phone that she had sent to another man. He is said to have forced his wife to kneel and then literally executed her with a shot in the head.
In the first trial, the 2nd jury chamber was “85 percent” convinced that S. shot his wife, but they could not be convinced of a conclusive course of events. Srecko S. was only convicted of weapons possession and was released. But the BGH criticized the verdict and pointed out a number of inconsistencies in the case. On the one hand, Diana S. did not have enough traces of smoke on her hand to fire a shot. And there were no signs of a fight or scuffle on either side. In addition, Diana S.’s suicidal intentions were not apparent.
From Tuesday, the 1st Criminal Chamber will hear again, Srecko S. wants to testify. A verdict is expected in early December.