The case revolves around Nicky, the 11-year-old boy who went missing in 1998 during a summer camp on the Brunssummerheide. He disappeared from his tent in the middle of the night. A day later he was found lifeless about a kilometer from the camp.
For twenty years the case was deadlocked. Until a large-scale DNA relationship study was conducted in 2018. This brought Jos B. into the picture.
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B.’s DNA was found on the boy’s clothes and body, but it turned out to be without a trace. The photo and full name of B. were released at a press conference.
After an international manhunt, he was arrested a few days after the press conference on August 26, 2018, in a remote area of Spain, near Barcelona. The police suspect that he was on the run at the time of his arrest.
B. is now suspected of sexual abuse, kidnapping, possession of child pornography and aggravated manslaughter. This means that someone is killed to cover up another criminal offense (in this case sexual abuse).
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The Public Prosecution Service calls the DNA traces ‘the most important evidence’. It concerns 27 traces: hair, skin flakes and possibly saliva from Jos B. that was found on the underpants, the pajama pants and the body of Nicky.
“The central question in the criminal case against Jos B. is: how does Jos B.’s DNA end up on Nicky Verstappen?”, Says reporter Jeroen Wetzels, who follows the case for RTL Nieuws. “Did that happen when Jos B. kidnapped, abused and killed Nicky, as the Public Prosecution says? Or did it happen in an innocent way, as lawyer Roethof suggests?”
Damaging DNA traces
According to Wetzels, the DNA traces are particularly stressful for B. “It makes it clear that there has been a link between Jos B. and Nicky Verstappen in one way or another. But: the presence of that DNA does not prove that Jos B. Nicky In themselves, those 27 DNA traces are insufficient to convict Jos B. for the death of Nicky Verstappen. “
And so the Public Prosecution Service will have to come up with more evidence. “Jos B.’s lawyer also points out that the cause of death and the sexual abuse have not been established beyond doubt. It makes this case extremely complicated in terms of evidence.”
The Public Prosecution Service is expected to set up an evidence construction around those DNA traces, says Wetzels. “Supplemented with a lot of circumstantial evidence. Such as expert reports on the DNA traces, the cause of death and the sexual abuse.”
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The OM previously pointed out two sexual incidents involving young boys in which Jos B. was involved in 1984 and 1985. According to the OM, B. then also admitted that he likes young boys. There is B.’s strange bike ride in the middle of the night on the Brunssummerheide, near the spot where Nicky’s body had been found a few hours earlier. And his alleged flight to Spain, with which he tried to evade the large-scale DNA relationship research, according to the OM.
Until now Jos B. has always denied that he is guilty. During the first pro forma hearing he did say: “I am not the person who kidnapped Nicky Verstappen. I am not the person who did lewd acts at Nicky Verstappen. And I am not the man and the person that Nicky Verstappen from. took life. ” Since then he has invoked his right to remain silent.
Safe statement
During a pro forma hearing last year, he spoke about a statement that would be in the safe with his lawyer. Until now he has not given it. The question is whether Jos B. comes with his safe depository statement during the substantive treatment.
“That safe deposit statement may contain an alternative scenario,” says professor of criminal law at the Open University Sven Brinkhoff. “Jos B.’s lecture about what happened on the Brunssummerheide. If that comes out, it could provoke a new police investigation, for example. And in any case a very critical questioning by the judges about that alternative story. It is an explosive. piece still hanging in the air. “
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The Public Prosecution previously emphasized that the DNA traces ‘cry out for a statement from Jos B.’. Should Jos B. nevertheless remain silent, it could hit him like a boomerang.
Professor Brinkhoff: “The result may be that if the court eventually finds himself in the scenario of a guilty Jos B., they will include his silence in the construction of evidence. In that sense, silence can be detrimental to him.”
3D visualization
The trial was actually supposed to be discussed in May, but was postponed due to the corona crisis. The court has allocated seven session days for the case.
A 3D visualization of the DNA traces found will be shown, experts from the Pieter Baan Center will be heard and Nicky’s mother and sister will use their right to speak.
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