OVERVIEW AND ANALYSIS of the REINER FUELLMICH TRIAL. From Daniela Goeken

Daniela wrote the very first quick report on Day 22. She has also been reporting on the trial from the beginning.

Now here is her detailed report and analysis of the trial to date:

The truth finds its way into the light -
The mysterious case of Reiner Füllmich
Part 7

Conviction at any price or
A court on the wrong track
from Daniela Göken

Everything was as clear as day to me some time ago! It couldn't get any clearer. In my opinion, the trial had to be interrupted immediately to clarify which of the witnesses were connected to the services and which were "real" witnesses. Because statements that don't correspond to the truth but are based on specially constructed lies don't make the slightest bit of sense.

But the court seemed to disagree. It did not even take a short break to discuss the matter, but stubbornly insisted on continuing the trial exactly as it had once been planned. As it had been planned, when the circumstances had been completely different and when everyone still assumed that these were "normal" witnesses who would make truthful statements and who were only bound by their conscience and not by any mysterious authorities in the background. At that moment, when the presiding judge was so completely unimpressed by the dossier that the defense lawyer Dr. Miseré had read out, my trust in him began to wane. He had always been so friendly and patient, but now I realized that he could not be as impartial as he had appeared to be.

In the time that followed, I considered whether it was still appropriate to give my series of reports, which had slowly but inexorably developed into a small book, entitled "The Mysterious Case of Reiner Füllmich."

The whole story wasn't really that puzzling anymore. In the beginning, I had only intended to write a single report. The innocence of the accused was already so clear to me on the second day of the trial that I was firmly convinced that the court would soon recognize it. And then came another witness, and another witness and another... and they all outdid each other with stories that made a rather confused impression.

My reports became a kind of serialized novel with no end in sight. And then came April 2 and suddenly I realized what was really going on in this process. Unfortunately, I seemed to be quite alone in this realization. The public outcry that I had firmly expected when I sat in the courtroom on that memorable day failed to materialize. Do the people in this country not care at all that an "improved new version" of the Stasi had been installed here in our country, completely in secret, without us as citizens having the slightest idea about it? Do people in this country not care that the same IMs seem to exist here as in the former DDR, unofficial employees of the secret services who spy on their friends, neighbors and acquaintances and help to devise a plan to imprison uncomfortable government critics, even if they have done nothing wrong?

I really wanted to give my series of reports the title: "The Reiner Füllmich Scandal". Because, I mean, isn't it really a scandal when a German authority secretly plans how a blameless citizen could be sentenced to prison even though he has committed no crime at all? And all this with the aim of stopping his political work, his work for a very young but very fast-growing party in which people who disagreed with the government's policies had united.

The court was in no way impressed by the latest revelations. The presiding judge acted as if the Reiner Füllmich dossier simply did not exist. And he also seemed to have no interest in making any inquiries. Did he really think that a criminal defence lawyer with 30 years of experience like Dr. Miseré would read out such an explosive document in a courtroom during a trial if he had not conscientiously checked it for authenticity beforehand?

The trial continued exactly as it had been planned. On the following days of the trial, two witnesses for the defense, good acquaintances of the accused, had their say and told the story exactly as Reiner Füllmich had told it to us many times before. At last we had the feeling that this was a normal trial, at last we had the feeling that the other side was also being given the opportunity to present its point of view. But we had rejoiced prematurely. All hopes that the court would now start to think and critically scrutinize the statements of the prosecution witnesses were soon to be dashed.

On April 29, 2024, Reiner Füllmich published a statement that must have caused great concern among all supporters. It reads:

"Well, the leaked dossier from the secret services proves that the public prosecutor's office and the complainants ultimately had a job to do, namely a dirty job. In doing so, however, they are ultimately destroying themselves and the German constitutional state, in front of everyone.

The events reached a new high point, or should we say low point, last week when representatives of the secret services met with the presiding judge and the court reporter. And the presiding judge then informed us that, despite the fact that the investigation file, the evidence taken so far and the dossier prove that I am not a criminal, but the complainants and the public prosecutor are criminals, yet he intends to convict me.

If any further proof were needed that a fake case has been initiated against me in the form of a brazen kidnapping, then it is the news that I have just received that my colleague Dr. Miseré, who is defending me alongside lawyer Wörmer, has just been sent a photo of his daughter - a blatant threat.

(Note: Brief correction by attorney Katja Wörmer: Attorney Dr. Miseré was not sent a photo of his daughter, but a warning that he should take care of his daughter)".

Very soon, on the 13th day of the trial, 3.5.24, we found out more details. I have taken the following from @wearegreekja's trial report:

"Finally, the chairman read out the preliminary legal assessment of the case, which can only be regarded as devastating.

Everyone in the room seemed shocked, the remarks almost brutal.
It was as if every attempt was being made to construct what the witness statements did not reveal.

The loan agreements were interpreted as sham loan agreements that primarily constituted fiduciary asset management. The chamber therefore considered it proven that Füllmich had acted unlawfully.

The viewers were confronted with a completely original interpretation of the law.

Antonia Fischer and Justus Hoffmann should always have been informed as co-shareholders.
...
The chamber made it clear that it was no longer necessary to hear further witnesses - supplement: that no further witnesses would be heard ex officio."

In a later statement dated 15.7.24, Reiner Füllmich describes the situation as follows:

"In precisely this situation, the court suddenly changed the criminal charges from the still unchanged indictment, which had thus been refuted. And the presiding judge thought he could construct new accusations from a chat communication between Viviane Fischer and me.

This new construction states that no loan agreements had been concluded at all, but that a trust agreement had been concluded between Viviane Fischer and myself, on the basis of which we were obliged to keep the money in another account ready for access at any time.

Unlike the written loan agreements in the file, this fiduciary agreement was neither expressly concluded in writing nor orally, but was implied, i.e. it was concluded on the basis of certain conduct.
...

The witnesses we have named are not to be heard, only those of the public prosecutor's office. Sure, because if our witnesses were heard, the truth would come out. But the presiding judge's attempt to make himself and the other members of the court - because they are just as liable to prosecution if they take part - for obstruction of justice has failed, at least so far."

I don't think I need to add anything to these unequivocal words from the defendant. The court therefore considered the hearing of evidence to be complete even after just two witnesses for the defense had been heard. The verdict was basically a foregone conclusion. This came as no surprise to most of us, as we had suspected that it had been waiting in the drawer ready-made from the outset. On the one hand, it was good that the fronts were now clear and that no one needed to have false hopes any more, but on the other hand, it was a great disappointment to learn that the sympathy and friendly patience of the presiding judge had only been feigned.

Then the great tug-of-war began in the courtroom, and I must emphasize that it was a very unfair tug-of-war, with a few people pulling at one end and a whole lot of people pulling at the other. What's more, the few were "only" supported by ordinary citizens, while the many seemed to receive support from mysterious authorities in the background that are closely linked to state power.

The next trial date was May 7, 2024, and there is a very personal trial report from that day. I don't want to withhold the most important parts of this vividly written text from my readers:

"The presiding judge reads out the court's decision on the defense's motion from last Friday to interrupt the main hearing due to a legal reinterpretation of the original indictment and rejects this motion. This is again followed by an assessment by the court covering several pages with the tenor that Reiner Füllmich was already guilty of embezzlement with "sham loans" before a request for repatriation was made. Strangely enough, this does not apply to Viviane Fischer, who was only heard here as a prosecution witness against Reiner Füllmich, but not as a co-defendant. Why she was therefore particularly "guilt-free" is mentioned by the chairman remains strange. The donations for the Corona Committee are now referred to by the court as "trust assets". The Chamber's legal assessment from last Friday is reaffirmed.

I'm suddenly worried that the court will even end the rest of the process prematurely.
...
Reiner Füllmich is now allowed to speak. At the beginning he is a little more "tongue-tied" than usual, but then slowly talks his way out and, as usual, presents his views in a concentrated and orderly manner....
...
Reiner Füllmich again describes the lively and sometimes undocumented exchange between the public prosecutor and the "port plaintiffs". He uses file documents to show how another, different senior public prosecutor K. twisted and confused exonerating emails, figures, content and persons in such a way that in the end everything could be used as incriminating material against Reiner Füllmich. It seems grotesque.

...
In the remainder of his presentation, Reiner Füllmich gives a legally sound account, with many quotations from the relevant literature, of the constitutionally questionable combination of disputed claims under private law with criminal accusations in order to permanently remove him from political life in Germany and deprive him of his existential basis, just as stated in the dossier of the services. In the bypass, the Corona Committee was also destroyed and the entire resistance movement divided and disintegrated. Reiner Füllmich also assesses the legal significance of the criminal abduction from Mexico without a Mexican or international arrest warrant for the purpose of pre-trial detention in Germany with subsequent fabricated charges.

In the end, his presentation allows only one conclusion: German rule of law no longer exists. This is a show trial against a politically unpopular investigator of the coronavirus pandemic who is supposed to disappear from political view.

We all spontaneously stand up and applaud. The chairman closes the hearing, not without warning us that he can expel us from the room for this unruly behavior. This is lost in the commotion and we leave voluntarily.

Reiner looks better."

From the trial report by Evelin

At this hearing, the court rejected the defense's motions to stop the proceedings. The defense lawyer then filed new motions for evidence. And this is exactly how it was to continue: The defense outdid itself with motions for evidence and other motions, all of which were always rejected by the court a short time later.

The 15th day of the trial (17.5.2024) was probably the absolute low point of the entire trial against Reiner Füllmich. I quote from the short report that Isabel Schau published on my Telegram channel at my request:

"Right at the beginning, Judge Schindler read out a warning to the audience that applause or similar would result in the persons concerned being excluded from the rest of the trial. Then came the announcement that it would only be very short today. Then he read out the court's refusal to call two further witnesses for the defense. This was followed by an unspeakable admonition to Reiner Füllmich to refrain from insults and not to spread fake news on social media, such as that he had been kidnapped from Mexico...

After these two cold showers (or rather three), he actually wanted to close the hearing. However, Reiner Füllmich then asked for his right to respond to the testimonies of Kuhn and Weissenborn to be granted.

Reiner Füllmich then explained that the witness statements proved that Viviane Fischer was not credible as a key witness. It was also very much a kidnapping. There were then several exchanges of blows and quite disparaging words, also on the part of the judge against Reiner Füllmich."

When I read this, I was horrified. How can a judge take advantage of his position of power and treat a defendant so inhumanely during the trial? How can he publicly reprimand and belittle him?

The defense lawyer Dr. Miseré, who was not in Göttingen for the trial that day, began to express his horror by posting short statements on Facebook. One example:

"Dr. Füllmich's trial exposes the fact that forces outside our constitution have probably already taken over here."

Dr. Miseré also announced that he would present something at the next hearing that would make it clear to everyone how far the presiding judge had already gone astray.

I don't want to withhold the highlights from this wonderful statement from my readers:

"On the legal aspects: To imply that the defendant did not intend to conclude a loan agreement and that this was therefore null and void far exceeds the limits of a criminal court's judicial powers.

“It is not incumbent on the latter to invent or create facts out of thin air and then to assume an absurd intent on the part of the accused in relation to these invented facts, even if this is perhaps politically desirable, because otherwise no final intentional conviction can be achieved."

"I believe that even the Stasi of the DDR would at least have acted with greater formal restraint. And with regard to the dossier, again the assertion in the procedural order that the dossier was not retrieved by the BKA, it should be said that this is an assertion made in the blue and not confirmed by anything.
Of course, the dossier comes from a query at the BKA, and it describes exactly what happened."

"Nowhere would someone like the defendant have been specially abducted from Mexico with the help of this BKA, from which the information in the dossier came, even after renewed reassurance from my source in the services.

“Nowhere would he be in custody for an alleged amount of damage that, relatively speaking, is highly uninteresting for white-collar criminal proceedings, such as the one in question here, if this were not politically desirable. And if the BKA had untruthfully denied the authorship of this information from their area, then my sources - these are not just any people - would have personally clarified this with the BKA and made them understand what was going on here.

“This is because the services are not at all in agreement on how to deal with the coronavirus measures.

"And that's not supposed to be a politically motivated procedure? You couldn't have sold that to my grandmother when she was 99. Especially if the defendant had not wanted to repay the money - which was not the case - then he would have insisted all the more on agreeing a loan agreement and not a fiduciary agreement. If you invent a situation, then please do it in such a way that it fits. You want to make your findings on the basis of the given facts and subsume them as legally flawlessly as possible. Just to clarify, this fictitious construction will blow up in your face in the appeal at the latest, so that, figuratively speaking, the bang will be heard as far away as Göttingen and Braunschweig, where Mr. Chairman has already worked at the Higher Regional Court.

"Once again, Mr. Schindler, Presiding Judge at the District Court, we are defence lawyers and will conduct ourselves accordingly. We would be delighted if you would fulfill your function as an unbiased judge based on objective criteria and the law in the same way that we fulfill our task."

On the next day of the trial, 20.6.2024, the session was already over as soon as it had begun. We had been waiting for some time for one of the defense lawyers to appear - in vain. Afterwards, we learned from Dr. Miseré what had been planned for that day and we were still shocked afterwards. A very long trial day had been planned, in the absence of the public defender Katja Wörmer, who was on sick leave for the day. Dr. Miseré, who until then had only been a public defender of choice, had been asked by the court shortly beforehand whether he could also become a public defender. He also knew that the court had rejected most of the motions for evidence submitted by the defense on the last day of the trial in a written statement. He put one and one together and realized that the court was apparently planning to bring the trial to a swift end by rejecting the outstanding motions for evidence in the absence of the main defence lawyer and moving straight on to the closing arguments. Miseré decided not to appear that day to thwart these plans. No trial can take place without a defense lawyer.

Reiner Füllmich describes the situation in his statement of 15.7.2024 as follows:

"A few weeks ago, the court tried to abort the proceedings in my case completely out of the blue and announce a verdict to my detriment at lightning speed. Up to that point, only the witnesses requested by the public prosecutor's office had been heard, and the court had only heard half of the witnesses it had listed itself when it suddenly tried to stop everything."

On the next two days of the trial, July 10 and 12, the defense filed countless motions. All of Reiner Füllmich's supporters were hopeful that the trial could now be continued in an orderly manner after all and that important witnesses would still have their say. However, this hope was dashed again on July 19 when almost all motions were rejected by the presiding judge.

The court also decided to introduce the "self-reading procedure" from now on, i.e. all applications may only be submitted in written form and may no longer be read out during the hearing. This appears to be an attempt to exclude the public as far as possible, as in future trial observers will no longer learn anything about the content of the applications submitted.

When, I ask myself, will this unjust tug-of-war finally come to an end, this tug-of-war in which the side that has the power of the state behind it has a clear advantage and in which the defense always loses out? When would the court finally make a tiny concession? When would humanity and justice finally prevail? I am absolutely certain that this will happen in the end, but the road to it seems to be long, very long and extremely arduous.

I had always felt a certain sympathy for the presiding judge. He gave me the impression of being a calm and level-headed man who was really trying to bring the truth to light. It was a great disappointment for me to see how a (ELSA: seemingly) very patient, friendly and humane judge became (ELSA: or always was, underneath) a judge who publicly reprimands and belittles the accused and who is clearly no longer trying to bring the truth to light, but rather to dutifully fulfill some instructions he has received from above. As observers of the trial, we can only vaguely guess what exactly these guidelines are and where they come from. The judge is certainly not very happy with this thankless role that he has involuntarily slipped into.

ELSA: We don’t know if it is involuntary.

He is now under pressure from all sides: If he tries to please his superiors, then the outrage among the defendant's supporters is great, understandably so. If, on the other hand, he responds to the accused and tries to shed more light on this side of the story, then he will very likely come under pressure from another side.

But I have to say: from a purely human point of view, I am very disappointed with the presiding judge's approach and I must emphasize that I like the attitude of the defence lawyer Dr. Miseré much better. He is not willing to take part in the rigged game, not even if that was to have a negative impact on his career. In an interview with Roger Bittel he said very combatively:

"Well, I am definitely convinced that I have been doing this long enough, that this is a procedure that has not been conducted in accordance with the rule of law, which is why I, as a servant and instrument of the rule of law, will sue this judge, because he knows exactly what he is doing. We must protect the law, the law must not give way to injustice ... and you know what: I'm 63 years old, what do they want with me? They can arrest me, but I will be bound by the law."

On the 22nd day of the trial (31.7.2024), there was a scandal due to the "self- reading procedure" ordered by the court: the defense lawyer Dr. Miseré became too annoyed when he was repeatedly interrupted by the judge. He said what everyone thought, namely that it was no longer a court hearing at all, as nothing could be said and no spontaneous motions could be made. Miseré went on to say that he could stay at home in Koeln in future and submit his applications by fax from there. He then packed up his documents and left the courtroom. He followed the proceedings from the back for a while.

After the lunch break, the situation calmed down again. Dr. Miseré took his seat in the courtroom again and - get this - for the first time in three months witnesses were heard again, even witnesses who had been named by the defense. They were a friend of the defendant and a good acquaintance, both of whom confirmed what Reiner Füllmich had stated and are therefore to be counted as exonerating witnesses. Let us hope that this positive trend for the defendant will continue on the next day of the trial.

However, there is no doubt that the court is trying to end the trial as quickly as possible on the grounds that it would be in the defendant's best interests if the pre-trial detention were ended. Perhaps the plan is even to measure the prison sentence so that it does not exceed the duration of the pre-trial detention and the accused would be free immediately, free but a man convicted of a crime.

It seems as if something similar is being attempted with Reiner Füllmich as with Julian Assange, who had to pay a high price for his release by pleading guilty. Reiner Füllmich might have the advantage that he would be released from prison if he stopped insisting that he is innocent, but such behavior would be very close to an admission of guilt. Assange had to take the lousy deal because he is seriously ill. Reiner Füllmich, as I know him, will not do that. He wants to bring the truth to light, the truth and nothing but the pure truth. He wants to uncover the conspiracy that has been forged against him. If he succeeds in doing so, he will not only have freed himself from a very awkward situation, but will also have done us all a great service. After all, his case is not the only one of its kind. He is not the only one to be persecuted for his political views. He is not the only one who has been the subject of a dossier. There is a lot that needs to be uncovered, a lot that needs to be brought to the public's attention. This process is just the beginning.

Thank you, Daniela, for this overview of an ongoing project.

You may note that here was one time when I interjected. It did not have to do with fact but with Daniela’s impression that the judge was who he appeared to be at the outset. I have major doubts about it.

All the best,Daniela, with this project, a book in the making, The Mysterious Case of Reiner Füllmich.

_________________________________

Here is the address to write to Reiner:

LETTERS;
JVA Rosdorf
Dr. Reiner Fuellmich
Am Grossen Sieke 8
37124 Rosdorf
Germany

• postcards and cards allowed,

• no glitter on the envelops,

• no stamps or money in the envelops,

• no books or other objects - not permitted,

• nothing to be mentioned about the case - though now, according to the latest information, his mail is no longer scanned,

• put your name of each page of the letter, just in case - though at present letters are no longer taken out of the envelops.

_________________________________

TO DONATE:
To donate, here is the link for donations for legal and other expenses: https://www.givesendgo.com/GBBX2

FURTHER TRIAL DATES for REINER FUELLMICH:
Tuesday August 6, 2024
Wednesday August 14, 2024

___________________

Previous trial days:

Day 01 Wednesday 31.01.2024
Day 02 Friday 02.02.2024
Day 03 Wednesday 07.02.2024
04th day Tuesday 27.02.2024 instead of Wednesday 14.02.2024
05th day Friday 01.03.2024 instead of Tuesday 20.02.2024
06th day Tuesday 05.03.2024 instead of Friday 23.02.2024
07th day Friday 08.03.2024
08th day Tuesday 12.03.2024
09th day Tuesday 02.04.2024
10th day Wednesday 03.03.2024
11th day Friday 19.03.2024
12th day Wednesday 24.03.2024
13th day Friday 03.05.2024
14th day Tuesday 07.03.2024
15th day Friday 17.05.2024
16th day Monday, June 10, 2024
17th day Wednesday, June 12, 2024 - cancelled due to KW’s illness
supposed to be the 18th day: Thursday, June 20, 2024 - not as scheduled due to non-appearance of both of Reiner’s lawyers
18th day - Wednesday, July 10, 2024
19th day, Friday, July 12, 2024 (half day)
20th day, Friday, July 19, 2024 (half day)
21st day, Thursday, July 25, 2024
22nd day, Wednesday July 31, 2024
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8 trial days so far on a Friday = half a trial day (until noon)

Posted August 2, 2024