The Alarming Reality of Miscarriages of Justice: Insights from Star Lawyer Harald Baumgärtl

There are miscarriages of justice – the Genditzki case and the alleged “bathtub murder” show this all too clearly. Star lawyer Harald Baumgärtl from Rosenheim reveals what can happen – and what needs to change.

Rosenheim – Mistakes in court? Happen. And not just sporadically, the Rosenheim star lawyer Harald Baumgärtl (63) knows. Although seldom as shocking as with the alleged “bathtub murderer” Manfred Genditzki, who was only recently acquitted – after more than 13 years in prison.

Harald Baumgärtl knows that there are high hurdles before a renegotiation: “It’s really difficult to even get a retrial.” Mistakes in court are not uncommon. Mistakes as in the Genditzki case. The sat because of an alleged murder, which was probably just an accident. The suspicion that someone had been wrongly convicted existed from the start. The doubts did not diminish when Genditzki was behind bars. But suspicion doesn’t help. “You really need a screaming proof,” says the lawyer, who is often involved in the complicated cases – he also represents the accused in the Hanna murder case.

A new method: This is how scientists got Genditzki out of trouble

In the Genditzki case, a new method – biomechanics as a method of proof – provided “roaring proof”. This reconstruction method made an accident seem plausible. It was the work of scientists, after investigators’ blunders, that got the jailed janitor out of jail.

A great moment for him Stuttgart biomechanics scientist Prof. Syn Schmitt. “We depict people on the computer and then try to generate motion sequences,” says Schmitt. For the judiciary, the new procedure may mean progress that can be remotely compared to the introduction of DNA analysis.

After more than 4700 days, Genditzki was released. Almost miraculous, because – for a lawyer, finding new evidence after the hearing of evidence is complete is like winning the lottery. “The classic would be a defense witness who saw the murder and can say: It wasn’t the accused.”

That hasn’t happened to him yet, says Baumgärtl. His conclusion therefore: “Quite unsatisfactory, the rules for a resumption.” In his opinion, evidence that has already been submitted should also be able to be re-examined. In order to be able to speak for the accused in case of doubt. “The legislature should think about that.”

Defeat and Triumph: Anything is possible in a miscarriage of justice

miscarriages of justice? Baumgärtl quickly gives two examples. At one point he was only able to do damage limitation for his client. Another time he could turn the tables.

There is the ice rink case. It was about the legal processing of the Bad Reichenhall ice rink disaster in January 2006. The wrong people were sitting in the dock. This was later said by a relative who had lost his wife and daughter. Baumgartl knows. Because an engineer was accused, whose static calculations are said to have triggered the catastrophe.

Without a lawyer? Better not say anything

“They were presented with a copy of a statics report,” says Baumgärtl. And after a cursory examination, his client shrugged his shoulders and found that he had done the calculations. A mistake that could not be undone. “You can ask anyone about that,” says the lawyer. “The best thing is to remain silent, then we can first get the files and then we’ll see what and if we say something.”

“If he had kept silent, they would never have been able to establish a connection,” Baumgärtl is certain. Because this connection did not exist either: the engineer had no idea of ​​the heavy fans that would be placed on the roof of the ice rink years later. Nevertheless, he was given a suspended sentence and had to pay for the procedure. “It’s a boomerang in terms of costs,” says Baumgärtl.

Sex clothes: How Baumgärtl was able to turn the tables

In another case, Baumgärtl was able to save his client. And provide some balancing justice. A sex outfit that almost became a tragedy. He: A man from Augsburg who was looking for a partner on the Internet. She: A woman from Rosenheim, in a relationship with a man who is a good 30 years older than him, and not averse to a trip.

The two met and had fun. A few days later he appeared on her balcony. And then faced rape allegations. The witness was sufficiently credible, the public prosecutor had already urged to let it go. Baumgartl did not. Lucky for his client.

Because there were still mobile phones. The woman could not or did not want to show the chat history. Her admirer erased it, she claimed.

“You, the old fool is already asleep”

But her Gspusi on his own cell phone hadn’t deleted it. And there it was to be read – the woman’s invitation: “You, the old idiot is already asleep, come on the terrace.” The prosecutor quickly swung around, the miscarriage of justice was avoided.

Case solved, client saved, false accuser in court herself. Because of her false statement. Who could have gotten her lover in bad trouble. “If you don’t have a wise public prosecutor there, then you lose everything: job, money, reputation.” In any case, the lawyer doesn’t find anything funny about miscarriages of justice – one is one too many.