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At 16 years, on April 30th, 1987, he was accused of
Homicide S volunteers on two boys with Montigny-the-Metz, in the Moselle.
January 27th, 1989, he was condemned to the Imprisonment with Perpétuité
for Meurtre. April 24th, 2002, its innocence is recognized; it will have
spent 15 years in prison, victim of a miscarriage of justice for which
the French State poured a million euros to him. It is one of the most
serious miscarriage of justices ever which have occurred in France, the
first concerning a minor condemned for murder to the prison to
perpetuity.
Its judgment
Facts
September 29th, 1986, two children, Cyril Beining
(1978-1986) and Alexandre Beckrich, are found died along a siding of the
SNCF to Montigny-the-Metz. Patrick Dils, then apprentice cook and 16
years old, is questioned because he lived the same street that they then
is slackened.
Circumstances
At the time, it is young man a sixteen year old a
little fragile and immature.
April 28th, 1987, it is challenged at the exit of its
work in a restaurant of Montigny-the-Metz where it is in training. After
thirty-six hours of police custody and interrogations over several days,
it ends up acknowledging to have made this murder and declares that it
does not know why it killed these children.
At the time of the lawsuit, the lawyer asks that the
family not attend the lawsuit. However his/her parents there go and
realize that the lawyer does not fight absolutely and no capital
question poses. The only time where Patrick Dils wanted to defend
himself, it would have said to him: “Keep silent yourself, lets make me.
” On January 27th, 1989, he is condemned to the Life imprisonment by the
Court of Assizes of the minors of the Moselle. The fact that he is minor
will not have been taken into account, but the excuse of minority,
question put systematically to sworn, would have made it possible to
divide the duration of the sorrow by two (current law; at the time, the
excuse of the minority would have reduced the sorrow to a 25 years
maximum). For the first time since April 1987 his/her parents are
authorized to see it five minutes in a corridor buckled by the
gendarmes. The parents of the victims say that they would have wished
for Patrick Dils the capital punishment (recently abolished in France by
president Mitterrand, in 1981).
(note/correction on the preceding paragraph)
According to an important report on the business, in the emission " Make
enter the defendant " on France 2 in May 2007, the first lawsuit would
have proceeded a little differently: it is Patrick Dils who speaks very
little, completely deafened, frightened and intimidated by the Court of
Assizes. It is moreover victim of a tooth ache and pronounces only one
ten words. The lawyer, tries to him to defend it, but he complains that
its customer does not do anything for his own defense. Person
interviewed whereas it was cleared, Patrick Dils says that it was young
at the time, and too frightened to speak. He is also moved because he
re-examines for the first time his parents, after two years of prison
without visiting room. Now, Patrick Dils expresses himself much more on
the business. He even wrote a book.
A miscarriage of justice
Unfruitful tests of demand for revision
July 26th, 1990, its lawyers deposit a first demand
for revision near the Court of appeal but it is rejected fault of new
element.
The 6 May 1994, Patrick Dils requires the
presidential pardon to François Mitterrand, which it will not obtain.
François Mitterrand written with the family of the
victims, ensuring them that it will never grant his grace towards a
murderer of children.
New facts
October 24th, 1997 the regimental sergeant major of
gendarmerie Jean-François Abgrall, of the research department of the
gendarmerie of Rennes, specialist in the files in which Francis Heaulme
is condemned, put in examination or suspect, transmits to justice a
document in which it gives an account of a maintenance that it had in
1992 at the prison of Brest with the serial killer Francis Heaulme,
condemned for three homicides and put in examination for six others. In
this official report, the written gendarme: Francis Heaulme held us the
following remarks, saying to have carried out a walk with bicycle along
a way of railroad in the east of France, to have received stones thrown
by two children, to be party, then passed by again on the spot a few
minutes, where he would have seen the bodies of two children close to
coaches not far from dustbins and a bridge, to have seen later on the
spot of the firemen and the police officers.
In 1996, the parents of Patrick Dils, who always
believe in the innocence of their son, require of two lawyer S Parisian,
Maîtres Florand and Achoui, to re-study the file. Being interested in
Francis Heaulme, they send a mail to the gendarmerie of Rennes, the
Abgrall gendarme then decides to write his official report of legal
information, and on March 27th, 1998, Maître Jean-Marc Florand deposits
a new request in revision after having learned that the Serial killer
Francis Heaulme was near the place of the crime at the time where it
took place.
The magistrate delegated by the Court of appeal, Jean
Favard, had begun his investigations starting from a legal official
report of information. Returning visit with Francis Heaulme, it obtains
new precise details on its timetable on September 29th, 1986, day of the
double murder. This last admits having been on the spot this day, per
hour and the precise place of the crimes, to have seen the children, to
have received on the head of the stones thrown by the two children, but
denies to be the author of the double murder. Its presence constitutes
nevertheless a “new fact likely to give birth to a doubt about the
culpability of condemned”. The adviser rapporteur of the commission of
revision dated June 30th, 1998 publishes two reports and of July 16th,
1998.
June 21st, 1999, the commission of revision of the
penal judgments, chaired by Henri Gall, notes that the elements brought
were completely unknown file of the Court of Assizes of the minors in
1989, qu ' they could only make doubt its culpability and agrees to
submit the dossier of Patrick Dils to the court of criminal appeal of
the Court of appeal sitting in Cour of revision. It from of deduced that
it is necessary to order new investigations and with new hearings of the
witnesses already heard in 1986 and 1989, but by confronting them with
the declarations of Francis Heaulme.
During this time, Patrick Dils who already purged
eleven years and half, remains always held. But its lawyer estimates
whereas the Court of revision can order constantly that the execution of
the sorrow is suspended.
Its innocence
April 21st, 2001, the Court of revision cancels the
judgment with the life imprisonment of Patrick Dils but refuses to give
it in freedom while waiting for a new judgment. June 20th, 2001 opens a
new lawsuit. It is then old of thirty and one years, before the Court of
Assizes of the minors of the Marne. Francis Heaulme appears but like
simple witness. He refuses to endorse the responsibility for this murder,
in spite of the suspicions which weigh against him. He and Patrick Dils
look at themselves lengthily; Heaulme wishes even good luck with Patrick
Dils before leaving.
The court, on June 29th, 2001, condemns it to twenty-five
years of imprisonment, the general surprise. The journalists had already
prepared their articles, announcing his payment, as from the moment when
the prosecuting attorney had announced his inward conviction: according
to him, Patrick Dils could not be the culprit. It would not have had
time to commit this crime. Condemned again, Patrick Dils has ten days to
appeal. It does it, like allow him from now on the new laws in force,
voted for the circumstance.
April 8th, 2002, opens the third lawsuit before the
Court of Assizes of the minors of the the Rhone. The law makes it
possible from now on the lawsuit to be held in public. Crowd presses
itself with the court. In majority, the public opinion favorable to
Patrick Dils, who appears with a new look, without fume glasses,
recoiffé, is slackened. Francis Heaulme is again heard, with testimonys
with load weighing against him.
For the first time, Patrick Dils speaks about the
torments endured in prison: it was beaten, ridiculed, violated even. It
reconsiders its consents, very detailed, which were one of only evidence
of the culpability of Dils. One is unaware of still exactly why Dils
initially showed itself, at the beginning of the business. Evidence is
produced by the gendarmerie, showing that Patrick Dils did not have time
to commit this crime: the children died towards 17:00, whereas Patrick
Dils returned at his place only towards 18:45.
April 23rd, 2002, the Prosecuting attorney claims
neither sorrow nor judgment in its opposition; the Jury deliberates in a
few hours and Patrick Dils is discharged on April 24th, 2002. It leaves
prison the evening even to 22:10. Bodyguards surround the Dils family,
preventing with the journalists from approaching them. Finally, Patrick
Dils can express himself in front of the media, announcing her happiness
to find freedom, finally. On their side, the close relations of the
victims are disappointed, persuaded that a murderer is released.
Others
The request in revision
The request in revision for new element was deposited
by the lawyer Jean-Marc Florand before the commission of revision of the
penal judgments of the Court of appeal, in order to call into question a
penal decision, stop of the Court of Assizes, become final.
This possibility must be attached to one or the other
of the four subparagraphs aimed by article 622 of the Criminal procedure
code: The revision of a final penal decision can be required for the
benefit of any person found guilty of a crime or an offense when…
Subparagraph 4 to which the present request refers
lays out: After a judgment comes to occur or to appear a new fact or an
unknown element of the jurisdiction at the day of the lawsuit, likely to
give birth to a doubt about the culpability of condemned.
In the business of Patrick Dils, the new element is
the presence of Francis Heaulme, one of the French serial killers, in
Montigny-the-Metz, on the spot of the double murder, at the day and hour
when the latter were made. This presence is proven by two official
reports: that established by the Abgrall gendarme and that of the
rapporteur of the commission of revision which confirms and supplements
the first. To date, in spite of the strong suspicions weighing against
him, Francis Heaulme was not accused in this business. A remote region
still weighs on this terrible double murder.
Song
To fight against the injustice which Patrick Dils
underwent, the singer Garou dedicates his new opus to him which is
entitled: " The injustice". Patrick Dils makes an appearance in the
clip.
Note: the song " The injustice" written a few years
earlier by Pascal Obispo rises from personal experiences of Obispo and
has nothing to do with Patrick Dils. But the interpreter of this song,
the Canadian singer Garou, was approached by Mr. Dils during the
concerts of the " Dumbs " and indeed, a few months later invited Mr.
Dils has to appear in the clip of this song.
Patrick Dils also recorded a song evoking her history:
" Condemned wrongly the " , text written by Cédric Goueytes following
the reading of the book of Patrick Dils " I wanted just to return at
home ". The music is signed Cédric Lemire.