Until the last minutes of the last day, the trial of the murder of Catherine Burgod, a postwoman in Montreal-la-Cluse, upset the Assize Court of Ain: Monday, April 4, at 10:10 p.m., the jurors acquitted Mamadou Diallo of the “aggravated murder” of which he was accused, holding against him only the simple theft.
The sentence imposed – two years’ imprisonment – does not even cover the four years of pre-trial detention already carried out by the young man. It appears light years away from the thirty years required by the Advocate General, Eric Mazaud. During the night, his family immediately organized a convoy to the penitentiary detention center, Mamadou Diallo being released immediately. This decision was made “benefit of the doubt” made a point of specifying Marie Salord, the president.
In her argument, the defense lawyer, Sylvie Noachovitch, did not bother to come back to the personality of her client (“An adorable boy, everyone loves him”), nor to really dismantle the indictment, in other words how his DNA ended up in two places of the crime scene (“He has blood on him, we don’t know how”). All this is swept away in the name of a much more terrible argument: miscarriage of justice, which has become the obsession of the courts and of public opinion for several years.
“My good profile”
Approaching the jurors, Mr.and Noachovitch pointed to them, slowly, one by one. “I am also the lawyer for Omar Raddad, one of the greatest miscarriages of justice of this century. This would be the second. » She spares her effect. Seek everyone’s gaze. Then continues, your tone heavy and vibrating, as one would utter an imprecation: “Jurors like you didn’t have the courage to acquit. They recognize that they no longer have a clear conscience. And you, will you dare to oppose the magistrates? Will you go home with this weight? » In other words, to condemn Mamadou Diallo is to condemn you too.
Just before the closing of the proceedings, the president had again questioned the accused, trying to dispel a persistent embarrassment despite a week of hearing: but what paste is this boy in the white shirt in the box made of? On the first day, she had asked him to outline her life. His life ? That’s never the word he used. Said to him: ” my profile “or even more willingly “my good profile”. In other words: 32 years old, paramedic, engaged to a civil servant at the Ministry of Finance. For a time, he had dreamed of being a footballer, he made the girls in the nightclub believe it. He takes care of his outfits. “It comes from me”, said the mother, a worker in the Plastics Vallée du Haut-Bugey, when she testified. “I wanted the children to always be well dressed. » He likes nice cars too, he had to make an over-indebtedness plan after buying a BMW 1 Series on credit.
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