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Disappeared and Abducted Children and Young Adults => The Disappearance of Portuguese youngster Joana Cipriano (8) from the village of Figueira, near Portimão, Algarve, on 12 September 2004. => Topic started by: John on November 17, 2013, 03:21:03 AM

Title: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: John on November 17, 2013, 03:21:03 AM
The case of Joana Cipriano highlights some very serious omissions on the part of authorities who failed to spot that the little girl was being exploited and neglected.  According to a neighbour of the girl, Joana seemed unnaturally mature for her age. “She has a bearing and an attitude greatly beyond her years. Instead of playing with other children, she seems to spend her time taking care of her two little brothers.” Another neighbour described her as the “Cinderella” of the household, seen at all times of the day and night in the village, running errands for her family.

In the beginning, Joana's mother, Leonor Cipriano, presented a complaint to the GNR claiming that she had been abducted.   After several days the GNR passed the case to the PJ who still investigated it as abduction, but this theory fast became false when Leonor herself fell into suspicion.

Leonor Cipriano made subsequent public appeals for her daughter’s safe return, claiming that she had been kidnapped. But authorities began to suspect the couple after villagers noted their allegedly off-hand reaction to Joana’s disappearance. Local shopkeeper Nídia Rochato remembered that Leonor neither cried nor seemed unduly concerned. When she commented on this to her, Leonor reportedly replied that she believed that her daughter was still alive.

Following a detailed investigation, João Cipriano, uncle of the missing girl and brother of Leonor, confessed to the PJ that he and his sister had beaten the girl until her death. Months later, he added to his confession that they had quartered [chopped up] the corpse. According to João, the body was cut into three parts and kept initially in a fridge before the pair disposed of the remains in a place still unknown.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: John on November 17, 2013, 03:23:47 AM
Onlookers in the public gallery screamed abuse at the mother and uncle of Joana Cipriano as they were ferried to and from the court.

The case, which shocked the nation with its account of incest, murder and desecration, took just three days to be tried. The Public Ministry pressed for jail terms of 24 years for the defendants, who were charged with qualified murder, as well as desecrating and concealing a body.

Joana disappeared, presumed murdered, in the Algarve village of Figueira, near Portimão. She was last seen buying food from a nearby café on the evening of 12 September 2004. Prosecutors charged that she came home to find her mother, 34-year-old Leonor Cipriano, and her uncle, 32-year-old João Cipriano, having sex. Fearful that Joana would relate the incident to her stepfather, they allege that the couple decided to kill her. The prosecution also said that the couple had repeatedly mistreated Joana, recounting that she was little more than a “servant” in her own household.

The court heard a catalogue of horrifying details, including an earlier video-taped confession from Joana’s uncle in which he related the circumstances of his niece’s murder. This video testimony was the subject of an appeal from the defence team who claimed that it should have been excluded because the couple exercised their right to remain silent during the trial. In the taped confession, João Cipriano said he and his sister hit Joana who then banged her head against a wall before collapsing, unconscious, onto the floor. João Cipriano claimed that he had wanted to call an ambulance but that his sister prevented him, telling him instead to go to Joana’s stepfather and inform him that she had disappeared.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: John on November 17, 2013, 03:29:27 AM
As the trial opened, both Leonor and João Cipriano, held on remand for over a year, stood silently and without emotion as they heard prosecutor José Pinheiro outline his case. He described João Cipriano as a man who “has contempt for human life, psychopathic tendencies and difficulty in controlling impulses”. Pinheiro also castigated Joana’s mother for her “emotional instability, insensitivity and disregard for other people’s needs”. Only when Pinheiro announced that he was pressing for a 24-year jail term for both defendants did Leonor show emotion, sobbing uncontrollably.

Pinheiro explained why his team was pressing for such a long sentence. “The defendants’ guilt is heightened by their cold and calculating behaviour after their child’s death, as well as the devious manoeuvres they adopted to conceal the crime,” he said.

The trial included key testimony from Joana’s stepfather, António Leandro, who related that Leonor had confided to him that she had had a sexual relationship with her brother. He also told the court that during this conversation, which took place a few days after Joana’s disappearance, at judicial police headquarters, Leonor had admitted that she and her brother had killed the little girl.

A total of 45 witnesses, mostly relatives and villagers, testified in court over a trial period of just three days. Four jurors (one man and three women) and three judges decided the verdict. The opinions of the jurors – a 20-year-old student, a physiotherapist, a library employee and a waitress – carried the same weight as that of the judges.

A key element of the prosecution’s case rests on the fact that the couple dismembered the girl’s corpse. António Leandro, confronted with photographs of tools allegedly used by the couple, said he recognised a saw he had kept at home. In the video taped confession, João Cipriano admitted that the body of the girl was dismembered and placed in a refrigerator . A doctor involved in the case, Albino Santana dos Santos, conceded that body parts, matching the size of a girl of Joana’s height, could have been stuffed inside the appliance.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: John on November 17, 2013, 03:32:08 AM
Despite the evidence, João Grado, Leonor Cipriano’s lawyer, still pressed for her acquittal, describing the evidence as “miserable”. João Cipriano’s lawyer, Sara Rosado, reminded the court that Joana’s body had never been found and dismissed the prosecution’s version of events. “João Cipriano has an intelligence level considerably lower than the average. How is it possible that such a person could deceive everyone for so long?” she asked the court.

But prosecutors disagreed, describing the case as a “veritable horror story that proves that reality really does surpass fiction”. “Nobody can say that they wanted to kill her when they hit her. But later when they persisted, they knew that she was going to die. Their guilt is absolute – the victim was a minor, the daughter and niece of the defendants,” they told the court.

The corpse of the girl was never found, but this fact didn’t hinder the PJ to continue with their inquiries, and in November 2005 the court of Portimão condemned Leonor to 20 years and 4 months imprisonment and João Cipriano to a penalty of 19 years and 2 months.

The absence of a corpse delayed the arraignment process but the Public Ministry were able to indict the couple following statements from neighbours. Investigators also gathered forensic evidence at the house where Joana lived with her mother, stepfather and two brothers.

Pinheiro castigated Joana’s mother for her “emotional instability, insensitivity and disregard for other people’s needs”. Only when Pinheiro announced that he was pressing for a 24-year jail term for both defendants did Leonor show emotion, sobbing uncontrollably.

Pinheiro explained why his team was pressing for such a long sentence. “The defendants’ guilt is heightened by their cold and calculating behaviour after their child’s death, as well as the devious manoeuvres they adopted to conceal the crime,” he said.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Benice on November 18, 2013, 08:19:22 AM
Onlookers in the public gallery screamed abuse at the mother and uncle of Joana Cipriano as they were ferried to and from the court.

The case, which shocked the nation with its account of incest, murder and desecration, took just three days to be tried. The Public Ministry pressed for jail terms of 24 years for the defendants, who were charged with qualified murder, as well as desecrating and concealing a body.


I understand the public were ready to tear LC limb from limb even before the case got to court.

What happened to the Secrecy Laws, as it seems obvious to me that the smear campaign in the press which so enraged the public can only have come from 'leaks' from the PJ.

It also makes me wonder what affect this 'public opinion' had on those judging this case - especially on the lay members of the public who were part of it.       It seems to me they too would have become as hated as LC was if they had found her Not Guilty.    After witnessing the 'baying lynchmob' in the gallery, I'm sure that fact would not have escaped them.

What sort of justice is it when a person can be tried, judged and found guilty in the Press - before the case is even heard?       

The more I read about this case the more convinced I am that a gross miscarriage of justice has occurred.
   
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Mr Gray on November 18, 2013, 08:28:29 AM
As the trial opened, both Leonor and João Cipriano, held on remand for over a year, stood silently and without emotion as they heard prosecutor José Pinheiro outline his case. He described João Cipriano as a man who “has contempt for human life, psychopathic tendencies and difficulty in controlling impulses”. Pinheiro also castigated Joana’s mother for her “emotional instability, insensitivity and disregard for other people’s needs”. Only when Pinheiro announced that he was pressing for a 24-year jail term for both defendants did Leonor show emotion, sobbing uncontrollably.

Pinheiro explained why his team was pressing for such a long sentence. “The defendants’ guilt is heightened by their cold and calculating behaviour after their child’s death, as well as the devious manoeuvres they adopted to conceal the crime,” he said.

The trial included key testimony from Joana’s stepfather, António Leandro, who related that Leonor had confided to him that she had had a sexual relationship with her brother. He also told the court that during this conversation, which took place a few days after Joana’s disappearance, at judicial police headquarters, Leonor had admitted that she and her brother had killed the little girl.

A total of 45 witnesses, mostly relatives and villagers, testified in court over a trial period of just three days. Four jurors (one man and three women) and three judges decided the verdict. The opinions of the jurors – a 20-year-old student, a physiotherapist, a library employee and a waitress – carried the same weight as that of the judges.

A key element of the prosecution’s case rests on the fact that the couple dismembered the girl’s corpse. António Leandro, confronted with photographs of tools allegedly used by the couple, said he recognised a saw he had kept at home. In the video taped confession, João Cipriano admitted that the body of the girl was dismembered and placed in a refrigerator . A doctor involved in the case, Albino Santana dos Santos, conceded that body parts, matching the size of a girl of Joana’s height, could have been stuffed inside the appliance.

 how much of what is being reported simply isn't true...the tools were supposed to have disappeared, were never found...so how can there be photographs of them...they didnt
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: stephen25000 on November 18, 2013, 08:38:13 AM
how much of what is being reported simply isn't true...the tools were supposed to have disappeared, were never found...so how can there be photographs of them...they didnt

So photos aren't reliable davel ?

Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Benice on November 18, 2013, 08:44:49 AM
how much of what is being reported simply isn't true...the tools were supposed to have disappeared, were never found...so how can there be photographs of them...they didnt

Exactly - and after 'confessing' to murdering Joanna - why would they then REFUSE to say what happened to those tools?  There is no credible answer to that IMO as surely the complete opposite would be the case and they would have co-operated fully once they had confessed - for their own sakes.

IMO there is only one credible reason why they would not say where the tools were and that is because they couldn't say where they were  - because they didn't exist.       The same goes for the body.

The court did NOT even accept the following claim by the Pj.    So that means no 'tools' at all were able to be produced as evidence. 

18- that the knife with which the arguidos cut the minor’s body had a black handle;
 

 
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 18, 2013, 09:06:57 AM
I went to check the PT original and discovered that substantial parts hadn't been translated. For some reason, a large number of witness statements have been left out.

Part II

Supreme Court of Justice - 'Joana case' ruling - Part II
13 July 2009 | Posted by Joana Morais Leave a Comment
Motivation of the Court Jury Conviction [sentence explanation]

The validation of the proven and not proven facts based itself in the global evidence produced at the trial hearing and according to the open conviction that the court has formulated over the same evidence (always taking into attention the rules of experience), observing the expert evidence, written and spoken which was produced, and using, regarding this one, a scientific reasoning and exemption for each of the statements presented.

Thus…

The arguidos preferred to remain silent.

None of the inquired witness declared to have watched the punishable facts, even thought that some reported facts important for the court’s conviction.

Let see what the witness stated.


10. Motivação da convicção do tribunal de júri
A fixação dos factos provados e não provados baseou-se na globalidade da prova produzida em audiência de julgamento e de acordo com a livre convicção que o tribunal formou sobre a mesma (sempre tendo em atenção as regras da experiência), atendendo-se à prova pericial, documental e oral que foi produzida e aferindo-se, quanto a esta, da razão de ciência e da isenção de cada um dos depoimentos prestados.

Concretizando...

Os arguidos optaram por não prestar declarações.

Nenhuma das testemunhas inquiridas declarou ter assistido aos factos puníveis, embora algumas tenham relatado factos importantes para a convicção do Tribunal.

Vejamos o que disseram as testemunhas.

The witness OO, mother in law of the arguida BB [Leonor Cipriano], declared that her son married the arguida and from that matrimony was born EE [Leonor Cipriano’s oldest daughter], her granddaughter. She referred that arguida BB left home when the daughter was 11 years old, and that she never saw her[BB] again. She also said that arguida BB called once to know if she could pick up EE, but when the witness answered that she would have to speak with EE’s father, she lost interest. The witness also referred, at a time where the disappearance of CC [Joana Cipriano] was already being talked about, that the arguida went to the witness house in Olhão, escorted by the Judiciary Police, to whom the arguida said that CC could be in there.


A testemunha OO, sogra da arguida BB, declarou que o seu filho casou com a arguida e que na constância desse matrimónio nasceu a EE, sua neta. Referiu que a arguida BB saiu de casa quando a filha tinha 11 anos de idade, partindo sem nunca mais a ter visto. Disse também que a arguida BB ainda telefonou uma vez a saber se podia ir buscar a EE, mas quando a testemunha lhe respondeu que tinha que falar primeiro com o pai da EE, não se interessou mais. Referiu ainda a testemunha, que já depois de se falar no desaparecimento da CC, a arguida chegou a ir a casa da testemunha, em Olhão, acompanhada da Polícia Judiciária, a quem teria dito que a CC podia ali estar.

The witness PP, who lived with the arguida BB [Leonor Cipriano] for 5 years, said that he is the father of HH, son of the arguida BB, and that she left him when the son was 7 months old. He stated that the arguida left to go and live with II, and left the baby in a chair, secured with a belt, it was a foreigner lady, neighbour, who went to pick him up and who delivered the baby to the witness [PP] when he got home.

A testemunha PP, que viveu com a arguida BB durante 5 anos, contou que é pai do HH, filho da arguida BB, e que ela o deixou quando o filho tinha 7 meses. Referiu que a arguida se foi embora, para ir viver com o II, e deixou o bebé na cadeira, seguro com o cinto, sendo que foi uma vizinha estrangeira que o foi buscar e que lhe entregou o bebé quando a testemunha chegou a casa.


The witness QQ, who is still married with the arguida BB [Leonor Cipriano], even though that he is separated for several years, only referred that the arguida left him when EE, daughter of both [of QQ and BB] was 11 months, and to the best of his knowledge, the arguida never saw the daughter again.

A testemunha QQ, que está ainda casado com a arguida BB, apesar de separado de facto há muitos anos, referiu apenas que a arguida o deixou quando a EE, filha de ambos, tinha 11 meses e, ao que sabe, nunca mais a arguida viu a filha.


The witness RR, aunt from the father side of the minor FF (son of the arguida BB [Leonor Cipriano], who is now 12 years old and lives with the witness, after being entrusted to her by the Court), referred that the arguida BB never cared about the son and since he was 2 months old it was the mother of the witness and Marcos’ grandmother who took care of him, given that the arguida didn’t even bathe the baby, and more than once she went away from home for a week, even though she returned; until she left for good.


A testemunha RR, tia paterna do menor FF (filho da arguida BB, o qual tem actualmente 12 anos de idade e vive com a testemunha, tendo-lhe sido confiado pelo Tribunal), referiu que a arguida BB nunca quis saber do filho e que desde os dois meses de idade foi sempre a mãe da testemunha e avó do Marco que cuidou dele, pois a arguida nem sequer dava banho ao bebé, sendo que por mais que uma vez se ausentou de casa durante uma semana, embora depois voltasse, até que se foi embora de vez.



The witness LL, father of the minor CC [Joana Cipriano], said that he separated from the arguida BB [Leonor Cipriano] when she was pregnant and that she delivered CC with 5 months old to him, stating that she couldn’t care of the baby. The witness said that had CC under his care for 2 days but then he gave her back to the mother. More, he said that on the 13th of September 2004, around 12h30m, the arguida BB went to look for him and asked him if he had went to pick up CC, because she was missing. The witness answered no. The witness also stated that at the time, the arguida BB did not seemed worried, nor shocked, also she wasn’t crying and that the woman who was with her appeared to be more worried than her.


A testemunha LL, pai da menor CC, contou que se separou da arguida BB quando esta estava grávida e que ela veio entregar-lhe a CC com 5 meses, dizendo que não podia cuidar dela. A testemunha disse que teve a CC ao seu cuidado durante 2 dias mas depois foi entregá-la à mãe. Mais contou que no dia 13 de Setembro de 2004, por volta das 12h 30m, a arguida BB foi procurá-lo e perguntou-lhe se ele tinha ido buscar a CC porque ela tinha desaparecido. A testemunha respondeu que não. A testemunha disse ainda que a arguida BB, nessa altura, não aparentava estar preocupada, nem chocada, sendo que também não chorava e que a senhora que a acompanhava parecia estar mais preocupada do que ela.


The witness TT, CC’s teacher at the School of Figueira, from the 20st of January to June 2004, told that CC [Joana Cipriano] arrived on the 1st day to the school late and that she was accompanied by BB3 from the supermarket, CC explained that the reason for her being late was that she was lost. She referred that CC was a quiet girl, some days she would be sadder, others more joyful. She said that at the beginning CC was a student who had learning difficulties, because she had missed school too much, but then she was able to catch the others. CC didn't appear her to be a mistreated child; she didn’t show up dirty or with abuse marks on the body. When she was asked she referred that CC should measure 1,32 meters, or maybe more, but that she had never measured her.


A testemunha TT, professora da CC na Escola Básica da Figueira, de 20 de Janeiro a Junho de 2004, contou que a CC no 1º dia em que às aulas na sua escola chegou atrasada e vinha acompanhada da BB3 do supermercado, tendo explicado que a razão do atraso era por se ter perdido. Referiu que a CC era uma miúda sossegada, havendo uns dias em que estava mais triste, outros em que estava mais alegre. Disse que no princípio ela era uma aluna que apresentava dificuldades, pois tinha faltado muito à escola, mas depois apanhou os outros. A CC nunca lhe pareceu ser uma criança maltratada, não aparecia suja nem com marcas no corpo. Às vezes parecia-lhe que ela andava mal agasalhada, com roupas demasiado finas para a época, mas apenas isso. A CC dizia que ajudava a mãe em casa. Sendo-lhe perguntado referiu que a CC devia medir 1,32 metros, ou talvez mais, mas que nunca a mediu.

The witness SS, psychologist working at the Protection of Minors Commission of Portimão affirmed that the Commission received a Process of Promotion and Protection of minors which as then sent to the Protection of Minors Commission of Lagoa, where it was referred the fact that CC [Joana Cipriano] was given by the mother to an elderly couple, who were alcoholic and had other problems. Meanwhile the mother had picked her up and they now lived in the Portimão area. At that time the mother said that she had left CC with that couple, just for two or three weeks, so that she wouldn’t miss school while she[BB] arranged her school transference. Later on they [the Protection of Minors Commission] received a report from the school describing negligence at the alimentation and hygienic level. In the sequence of that report, in April or May 2004 the witness made a domiciliary visit to CC’s mother house and verified that BB [Leonor Cipriano] was making lunch and that there were clothes put to dry. She went to the school and the teacher told her there were rumours that CC worked too much at home, but that she never saw anything, and that CC was an average student. They spoke with neighbours who said that they saw CC playing. They spoke with CC, who told them that she enjoyed helping her mother with her brothers, And they decided to archive the process.




more to follow

Previous: Supreme Court of Justice - 'Joana case' ruling - Part I - Fundamentation


in Supreme Court of Justice - ruling SJ200604200003635, 20.04.2006

A testemunha SS, psicóloga em funções na Comissão de Protecção de Menores de Portimão afirmou que a Comissão recebeu um Processo de Promoção e Protecção de menores o qual foi remetido pela Comissão de Protecção de Menores de Lagoa e que fazia referência ao facto de a menor CC ter sido entregue pela mãe a um casal de sexagenários, alcoólicos e com outros problemas. Entretanto a mãe tinha ido buscá-la e residiam agora na zona de Portimão. Nessa altura a mãe referiu que tinha deixado a CC com aquele casal, apenas duas ou três semanas, para ela não faltar à escola enquanto tratava da transferência. Mais tarde receberam uma comunicação da escola a relatar negligência ao nível da alimentação e da higiene. Na sequência, em Abril ou Maio de 2004 a testemunha efectuou uma visita domiciliária à casa da mãe da CC e verificou que a arguida BB se encontrava a fazer o almoço e havia roupa estendida na corda. Foram à escola e a professora contou-lhes que corriam boatos de que a CC trabalhava demais em casa, mas que ela nunca tinha visto nada e que a CC era uma aluna média. Falaram com vizinhos que disseram que viam a CC brincar. Falaram com a CC, que disse que gostava de ajudar a mãe com os irmãos. E decidiram arquivar o processo.

That seems to be it.

The witness statements that don't seem to have been translated:



UU, MM, AA1, AA2, NN, AA3, AA4, II (Leandro), MM, AA5, AA6, AA7, AA8, AA9, BB2, BB3, BB4, BB5, BB6, BB7, BB1, BB8, BB9, CC1, CC2, CC3, CC4, CC5, CC6, DD, CC7, CC8, CC9.



Sorry, I counted MM twice by mistake.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 18, 2013, 09:10:44 AM

A testemunha UU relatou que na véspera do desaparecimento da CC, às "4h e tal da madrugada", levou o arguido AA de Silves até à Figueira, a casa da arguida BB. O AA levava uma mala e disse-lhe que o irmão UU o tinha posto na rua. Quando chegaram à casa da Figueira reparou que a arguida BB e o II se encontravam na sala a ver televisão.

A testemunha UU contou que o II trabalhou consigo, na área de Porches, durante quase 3 anos, até vir para a Figueira. Nessa altura eles vivam numa casa da testemunha, junto à casa onde a testemunha morava. Referiu que só o II trabalhava. Conheceu a CC e considera que ela era uma criança que estava triste a maior parte das vezes, mas acha que mãe e filha se davam bem e que a arguida BB não era fria com a CC. Referiu que a arguida BB mantinha a casa mais ou menos limpa, embora "não como nós". Também referiu que a CC ajudava a mãe, tendo-a visto varrer algumas vezes. Quanto ao arguido AA também o conheceu e chegou a dar-lhe trabalho, nunca tendo tido problemas com ele. Acha que ele tratava bem a CC, nunca o tendo visto a falar alto com ela.

A testemunha MM, padrasto do II, disse que a CC tinha estado em casa da testemunha no dia em que desapareceu, pois tinha havido uma festa de aniversário. Mais tarde, por volta da meia-noite, o telefone tocou e a mulher disse-lhe que era a BB a perguntar pela CC porque ela tinha desaparecido. Às 9h do dia seguinte encontrou a BB com o irmão AA quando ela vinha para Portimão fazer a queixa do desaparecimento da CC. Disse que a BB estava triste e que vinha com cara de choro. À tarde desse dia foi a casa da arguida BB que aparentava estar preocupada (no entanto a testemunha disse que achava que ela devia estar mais preocupada) e viu o arguido AA, que estava sentado no sofá. Confirmou que a Polícia Judiciária foi diversas vezes à sucata que a testemunha explora, algumas das quais com o arguido AA, e que andaram a ver os carros. Contou a testemunha que numa altura em que se encontrou com o arguido AA nas instalações da Polícia Judiciária, perguntou-lhe "afinal o que tinha acontecido" e o AA respondeu que "estava a ter relações com a minha irmã" e que "tinham morto a miúda", sendo que então a testemunha já não quis saber mais nada.

A testemunha AA1, irmã do II, relatou ter estado em casa da mãe, com a arguida BB e a CC, na festa de anos. Declarou que não viu o arguido AA nesse dia. Depois, na 2ª feira de manhã, uma das suas irmãs telefonou-lhe a dizer que a CC tinha desaparecido, pelo que foi a casa da BB ainda nessa manhã, antes de almoço. Quando chegou, a arguida BB vinha das compras com o arguido AA. Referiu que BB parecia "um pouco" preocupada e disse à testemunha que a GNR só podia começar a procurar a CC passadas 48 horas. Perguntada, disse que a arguida BB sempre tratou bem a CC. Ao ser-lhe exibida da carta junta aos autos a fls. 1232, confirmou tê-la recebido.

A testemunha AA2, que vive maritalmente com a testemunha anterior (Carla), contou que na 2ª feira de manhã foi com a companheira a casa da BB, confirmando que quando chegaram, a arguida BB vinha das compras com o arguido AA. Perguntaram pela CC e a BB disse que não sabia de nada mas que já tinha feito a participação. A BB pareceu-lhe "um pouco" preocupada. Disse também que a arguida BB sempre tratou bem a CC. Confirmou ter sido ele quem entregou à Polícia Judiciária a carta junta aos autos a fls. 1232 que a companheira recebeu.

A testemunha NN, proprietária da "Pastelaria ...", declarou que no dia 12 de Setembro a CC apareceu na pastelaria, pelas 8h 20m / 8 h 30m, a comprar um pacote de leite e duas latas de atum. A CC pagou com uma nota de 10 €, recebeu o troco e foi embora. Referiu conhecer a CC de a ver na pastelaria e na escola. Perguntada, disse nunca ter visto a arguida BB a ir levar ou a ir buscar a filha à escola. A CC dizia que tinha que ajudar a mãe a tratar dos irmãos, mas nunca viu sinais de maus tratos na menor, nem isso constou na aldeia. Voltando ao dia 12, disse que meia hora depois da CC sair, chegaram à pastelaria o II e o MM. Estiveram lá cerca de 20 minutos, até que apareceu o arguido AA, que se dirigiu a eles e estiveram a conversar. A testemunha não se apercebeu de que falaram e nenhum deles lhe perguntou pela CC. Mais tarde, mais de uma hora depois deles saírem, apareceu no estabelecimento a arguida BB, a qual vinha acompanhada pelo irmão AA (que ficou à espera na rua) e que lhe perguntou pela CC, dizendo então que ela ainda não tinha chegado a casa. A testemunha ficou preocupada e por isso, quando fechou a pastelaria, depois da meia-noite e meia, foi a casa da arguida BB perguntar se a CC já tinha aparecido, tendo obtido por resposta que não. A testemunha perguntou se já tinham telefonado para a GNR, e a BB retorquiu que não porque não tinha dinheiro no telemóvel, pelo que a testemunha foi a casa ligar ela própria a contar a situação. Referiu que não achou a BB muito preocupada.

A testemunha AA3, relatou que no dia 12 de Setembro, pelas 8h 30m / 8h 40m, estava a janela de sua casa, a fumar, quando viu a CC, com um saco na mão, a subir as escadas na proximidade do mercado, em direcção a casa. A testemunha disse que naquele local não havia movimento, não viu carros, nem ouviu qualquer grito, embora se tenha mantido à janela durante mais algum tempo. Referiu que decorria a "Festa do Berbigão", mas ocorria longe daquele local e por ali não havia ninguém.

A testemunha AA4 disse ter visto a CC nessa noite, mas não conseguiu precisar as horas.

A testemunha II, companheiro da arguida BB, afirmou que à data dos factos vivia com a arguida BB e com a CC. Declarou que o arguido AA tinha chegado a casa deles na madrugada do dia 12 de Setembro (domingo). A CC estava desde 5ª feira anterior na casa da mãe da testemunha. A arguida BB no domingo foi também à casa da mãe da testemunha, a uma festa de anos, tendo regressado com a CC à Figueira por volta das 18h. Disse também a testemunha que foi à "Pastelaria Célia" com o MM por volta das 21h e que a dada altura apareceu ali o arguido AA a dizer que a CC tinha ido à pastelaria às 8h e ainda não tinha aparecido. Eles foram para casa (não achou nada de estranho na casa) e a testemunha pediu à BB para ir procurar a CC nos vizinhos (mas não sabe se ela foi efectivamente) enquanto ele foi à festa do berbigão ver se a CC por lá estaria e o MM foi dar uma volta por ali a ver se via a menor. O arguido AA ficou em casa a tomar conta dos filhos da testemunha. A testemunha ficou algum tempo na festa do berbigão mas havia muita confusão e veio embora; voltou depois à festa com a BB e o MM à procura da CC e quando estavam a regressar a casa apareceu a D. Ofélia, a saber da CC e a perguntar se já tinham chamado a GNR. Disseram-lhe que não e ela telefonou. No dia seguinte a testemunha disse à BB para ir à GNR. Declarou ainda a testemunha que numa altura em que se encontrou com a arguida BB nas instalações da Polícia Judiciária, a pedido daquela Polícia, mas numa altura em que se encontravam só os dois, a testemunha perguntou à BB o que tinha acontecido e ela então contou-lhe que "tinha dado uma chapada na CC e que o irmão acabou de a matar", tudo "porque ela os tinha visto a ter relações" e também contou que "tinham posto o corpo numa casa velha e que tinha sido o AA a levá-la às costas". Posteriormente, quando a testemunha foi visitar a arguida BB à cadeia de Odemira, ela negou o que tinha dito e referiu-lhe que só tinha afirmado aquelas coisas porque a Polícia Judiciária lhe tinha batido. Questionado sobre se no dia em que a BB lhe tinha confessado ter agredido CC, a mesma apresentava marcas de ter sido batida, nomeadamente se tinha a cara ou os olhos inchados ou vermelhos, a testemunha disse que não. À testemunha foi também perguntado se tinha na sua casa algum serrote, ao que respondeu que sim, que tinha um serrote pequeno de dentes finos, e que quando a Polícia Judiciária lhe perguntou pelo serrote foi procurá-lo e verificou que tinha desaparecido.

A testemunha MM, que à data viva em casa da BB e do II, declarou que o arguido AA chegou a casa destes na madrugada do dia 12 de Setembro. Disse que no dia 12 saiu de casa pelas 9h 30m / 10h e que só regressou pelas 18h, altura em que foi buscar o II para ir com a testemunha ver uma mota. Chegaram à "Pastelaria ..." por volta das 21h 30m / 22h, onde beberam uma cerveja ou duas e depois chegou o arguido AA que lhes perguntou se tinham visto a CC. Dirigiram-se de imediato para casa. A casa não tinha nada estranho, estava normal, a testemunha também não notou qualquer arrumação ou limpeza. A BB disse-lhes que não sabia da CC e o II decidiu ir à festa do berbigão procurá-la, enquanto a testemunha foi dar uma volta pelo outro lado. Tornaram a ir para casa e decidiram ir de novo à festa, desta vez acompanhados da arguida BB, enquanto o AA ficava em casa com as crianças. Demoraram uma hora ou duas e antes de irem para casa foram comprar bolos para comer.

A testemunha AA5, mãe de II, declarou que a CC esteve em sua casa desde 5ª feira a domingo, dia 12 de Setembro, indo para a Figueira com a mãe pelas 18 h. Nesse dia à noite (já estava deitada) o II telefonou-lhe a perguntar se estava lá a CC, tendo a testemunha respondido que a CC tinha ido com a mãe, ao que o II a informou que a CC tinha desaparecido. Disse ainda a testemunha que a arguida BB tinha a casa sempre limpa e tratava bem da casa. Num dia, depois de lá ter ido a SIC, reparou que havia carraças à porta de casa e num pilar e disse à BB para ela ir comprar creolina para as matar. A BB comprou petróleo, dizendo que não havia creolina, e foi a própria testemunha que procedeu à limpeza, no exterior da casa, com a esfregona.

A testemunha AA6, militar da GNR, declarou que nessa noite decorria o festival do berbigão na Figueira e que após a chamada da D. NN encontrou-se com a arguida BB, o II e outro indivíduo, junto à igreja, tendo a mãe contado que a CC tinha desaparecido, referindo que a tinha mandado ao café e que a última vez que a menor tinha sido vista tinha sido ali, também junto à igreja. A testemunha disse-lhe que no dia seguinte teria que ir ao Posto em Portimão formalizar a queixa. Declarou ainda a testemunha que a mãe não aparentava muita preocupação para um caso destes.

A testemunha AA7, militar da GNR, referiu que no dia 13 de Setembro de 2004, no Posto da GNR de Portimão, entre as 10h 30m / 11h, recebeu a queixa do desaparecimento da CC. Foi a mãe que fez a queixa, acompanhada do arguido AA. A arguida BB aparentava tristeza, mas não chorou. A testemunha recebeu as fotografias que a mãe levava e perguntou-lhe se havia motivos para a CC fugir de casa ou se tinha algumas desconfianças, a tudo tendo a arguida BB respondido que não.

A testemunha UU contou que estava na "Pastelaria ...", por volta das 11h 15m quando apareceram o II e o MM a falar no desaparecimento da CC. Mais tarde, pelas 24h 15m tornou a vê-los, agora acompanhados da arguida BB, a saírem da festa do berbigão. A testemunha falou com eles e reparou que a BB estava calma. O II disse que a CC talvez estivesse com a mãe dele, pelo que a testemunha lhe emprestou o telemóvel para ele fazer a chamada para verificar. A testemunha ainda viu o encontro da BB com a GNR junto à igreja, mas não assistiu à conversa. À 1h 45m tornou a encontrar o II, a BB e o MM, a dirigirem-se para casa, sendo que nessa altura a BB trazia um embrulho que disse serem bolos. A BB continuava muito calma, não estava chorosa, nem agitada. A testemunha referiu que nessa noite não viu o arguido AA.

A testemunha AA8, que à data era proprietária de uma fábrica de bolos na Figueira, contou que só na 2ª feira soube que a CC tinha desaparecido. Confirma que na noite anterior, talvez por volta das 2h, a BB, o II e o MM estiveram na sua fábrica a comprar bolos (parece-lhe que foi a BB que pagou com uma nota de 20 €). Nessa altura a BB não lhe disse que a filha tinha desaparecido, só perguntou se a miúda tinha lá estado. Comprou os bolos normalmente, não aparentando qualquer preocupação.

A testemunha AA9, companheira de um meio-irmão do II, contou que na 2ª feira de manhã (dia 13) a cunhada BB1 lhe telefonou a dizer que a CC tinha desaparecido, pelo que nessa tarde foi a casa da BB. Referiu que a BB tinha estado a chorar e que estava em baixo, nervosa, mas contou-lhe que tinha tido que gastar 2 € para vir a Portimão participar o desaparecimento na GNR. A testemunha contou também que, por sua iniciativa, logo na 3ª feira, fez um panfleto no computador com a fotografia da CC a falar no desaparecimento, o qual fotocopiou, sendo que com o companheiro e a cunhada BB1 andaram a espalhar os panfletos por vários locais de Portimão e Lagos.

A testemunha BB2, meio-irmão do II e companheiro da anterior testemunha, contou que 2ª feira à tarde foi com a companheira a casa da arguida BB, onde se encontrava também o arguido AA (que a testemunha não conhecia). Disse que se via que a BB tinha chorado. Confirmou que a companheira fez os panfletos e que ele os ajudou a distribuir em Portimão e em Lagos.

A testemunha BB3, proprietária de um supermercado na Figueira, declarou conhecer muito bem a CC, de quem era amiga, tendo sido a testemunha que levou a menor à escola no primeiro dia de aulas na Figueira. Também contou que uma vez levou a CC ao Hospital porque ela já andava há muitos dias com tosse e dizia que a mãe não tinha vagar para a levar. A testemunha soube que a CC tinha desaparecido no dia 13 de Setembro de manhã, pelas 9h, por uma vizinha. Declarou que cerca das 10h 20m apareceu no supermercado a arguida BB, a qual lhe disse que já tinha vindo a Portimão à GNR fazer a queixa. A testemunha achou que a arguida estava muito calma, mas pensou que era modo de ser. A BB contou-lhe que a GNR pôs a hipótese de a menor estar com o pai e a testemunha logo arranjou maneira de uma sua prima ir a Lagoa com a arguida BB, ver se a CC estava com o pai, mas não estava. No dia 13 à noite, depois das 21h, a testemunha foi a casa da BB para perguntar se ela já sabia alguma coisa. Em casa estavam a BB, o arguido AA, o II e o MM. A BB continuava muito calma e a filha da testemunha comentou que era muito estranha tal calma. Depois de sair de casa da arguida BB a testemunha ficou a conversar com uma vizinha e pouco depois viu a BB passar com o irmão AA. A BB trazia um saco de asas na mão. A testemunha não viu o que tinha o saco e também não sabe para onde eles se dirigiram. Perguntada, declarou que nunca viu a BB bater na filha CC ou maltratá-la.

A testemunha BB4 contou que na 2ª feira à noite (dia 13), quando estava a conversar com a testemunha BB3, pelas 21h 30m / 10h, viu os arguidos BB e AA, vindos de casa, a subir a rua. Recorda-se que um deles trazia um saco de plástico de asas na mão, mas já não se lembra quem e não se apercebeu de qual seria o conteúdo.

A testemunha BB5 relatou que na 2ª feira à noite (dia 13), viu a testemunha BB3 sair de casa da arguida BB e a filha BB4 chamou-a, ficando todas a conversar. Pelas 21h 30m / 10h, viu os arguidos BB e AA, vindos de casa, com um saco de plástico, mas já não recorda quem trazia o saco e não faz ideia o que continha.

A testemunha BB6, prima da testemunha BB3, contou que na 2ª feira de manhã (dia 13), foi ao supermercado da BB3, onde já se encontrava a arguida BB. Referiu que o arguido AA se encontrava à porta do supermercado. Contou que a pedido da BB3 foi com os dois arguidos a Lagoa procurar o pai da CC, que disse não ter a menor consigo. No regresso, a arguida BB quis ir à Aldeia da Companheira ver se a CC estaria em casa da tia BB8, pelo que também lá foram mas sem sucesso. Perguntada sobre o estado de espírito da arguida BB, a testemunha declarou que não a conhecia anteriormente, mas achou que ela estava com "uma cara estranha".

A testemunha BB7, companheira de UU (irmão dos arguidos), contou que só soube do desaparecimento da CC 3 dias depois, quando o marido leu a notícia no jornal. Declarou que antes do arguido AA ir para a Figueira tinha estado na sua casa, dado não ter residência, mas que se tinha ido embora após se ter zangado com o UU. A testemunha e o companheiro, após saberem do desaparecimento, foram visitar a BB, que estava nervosa e chorosa. No entanto contou-lhes que ia aparecer na televisão. A testemunha ainda referiu que o relacionamento da BB com a CC era bom.

A testemunha BB1 , irmã do II, disse que no domingo, por volta da meia-noite, a mãe referiu-lhe que o II tinha telefonado a saber se a CC estava lá em casa. Declarou a testemunha que a CC tinha estado lá em casa desde 5ª feira até domingo e que era para só ir para casa na 2ª feira, mas como a mãe tinha ido à festa de anos, convenceu-a a ir mais cedo, dizendo que podiam ir ao festival do berbigão e que também lá estava o tio. Saíram por volta das 18h. Na 2ª feira de manhã (dia 13), por volta das 14h, a testemunha foi ver a BB. Em casa estavam também o AA e o II. Nessa altura a BB referiu-lhe como é que a CC estava vestida e calçada quando desapareceu. Mais tarde, a testemunha deparou com os sapatos que a BB tinha dito que a CC tinha calçados e confrontou a BB com isso, tendo ela respondido que então a CC devia ter trocado de sapatos e que tinha levado as chinelas. Porém, posteriormente, a testemunha encontrou uma das chinelas debaixo do sofá da sala e a outra chinela no quarto. Procurou o calçado da CC e encontrou em casa todos os sapatos, sandálias e chinelas que ela usava nesse Verão.

A testemunha BB8, tia dos arguidos, contou que na 2ª feira de manhã (dia 13) apareceram em sua casa os arguidos AA e BB. A BB disse-lhe que tinham ido à polícia dizer que "tinham roubado a CC". Nem a BB nem o AA estavam nervosos, estavam calmos. Contou ainda a testemunha que tinha visto o AA no sábado anterior com um saco, dizendo-lhe o AA que vinha da casa do UU. Mais tarde o UU, conhecido por "...", disse-lhe que tinha levado o AA até à casa da BB, na Figueira.

A testemunha BB9, sogra da CC1 = (irmã dos arguidos) declarou que passados 2 ou 3 dias depois de ter ouvido que a CC tinha desaparecido, o arguido AA apareceu em casa da sua nora Anabela, que vive ao pé da testemunha, a pedir comida. Nesse dia à tarde, apareceram uns senhores da Polícia Judiciária que levaram o AA e depois o trouxeram. Referiu que o AA esteve uns dias em casa da Anabela.

A testemunha CC1 = , irmã dos arguidos, confirmou que o AA esteve uns dias em sua casa, como já tinha estado de outras vezes, dado não ter emprego ou residência certos. Não se recordava de ter falado com o AA ao telefone. Declarou que passados 8 dias do desaparecimento da CC foi a casa da BB que lhe disse que não sabia o que foi feito da filha.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 18, 2013, 09:11:23 AM

A testemunha CC2 , médica-veterinária na D.G.A.A., declarou que os porcos em idade adulta comem um cadáver de um ser humano com 8 anos de idade, esclarecendo que se forem 5 ou 6 porcos comem um cadáver de 8 anos em 10 ou 12 horas e que se o cadáver estiver cortado será mais rápido ainda. Disse que os porcos comem o cadáver totalmente, fazendo-o desaparecer por completo e só restando resíduos, nas fezes, que não fossem digeridos. Perguntada sobre a existência de carraças numa casa, declarou que as carraças fêmeas se alimentam de sangue. Disse que as carraças precisam de um hospedeiro para sobreviver e por isso se pegam aos animais, sendo possível encontrá-las ainda na vegetação. Referiu que as carraças só abandonam o hospedeiro para ir para uma parede se houver sangue fresco nessa parede.

A testemunha CC3 , coordenador de investigação criminal da P.J., declarou que começaram a investigar o caso passados 9 dias do desaparecimento da CC, sendo que o caso estava classificado como crime de sequestro/rapto. Tomou conhecimento das declarações prestadas na GNR e visionou as entrevistas televisivas, estranhando logo a postura da mãe, que vestia de preto e parecia estar a mentir, sendo que falava da filha no passado. Começaram a tomar declarações e decidiram ir examinar a casa da BB. Quando lá chegaram viram que o interior da habitação tinha sido lavado, sendo que tal lavagem contrastava com o desleixo de limpeza e arrumação do resto da casa, mas mesmo assim ainda encontraram vestígios hemáticos no chão, nas paredes, no balde e esfregona e na sola de umas sapatilhas que estavam na sala - a testemunha confirmou o auto de busca e apreensão de fls. 173. Quando o resultado dos exames foi conclusivo no sentido de que esses vestígios eram de sangue humano e mistura de sangue humano e animal, detiveram os arguidos, tendo o AA sido detido em Cacela. Declarou também que com o auxílio do arguido AA procederam à reconstituição dos factos como consta do auto de fls. 273 ss, cujo teor confirmou pois que esteve presente na diligência. Confirmou que a configuração da casa é a que consta da planta de fls. 294 e que a porta que dá acesso à rua tem um manípulo do lado exterior que permite a entrada imediata na residência. Disse ainda que na sequência desta reconstituição, e seguindo indicações do arguido AA, procuraram o corpo da menor num aterro de terra e noutros locais da Mexilhoeira Grande, numa lixeira, em Poço Barreto, nos carros acidentados existentes na sucata do padrasto do II e em Silves, locais onde procuraram exaustivamente mas sem êxito. Confirmou ainda a pesquisa pela técnica denominada Projectina de vestígios na sala da casa da arguida BB, de onde resultou o apuramento dos sinais fotografados nos autos a fls. 896 ss. A testemunha confirmou também o auto de busca e apreensão junto aos autos de fls. 578 a 580 (arca frigorífica) e que no interior da arca foi recolhido um vestígio hemático da espécie humana, realçando que este vestígio de sangue humano foi recolhido no interior da gaveta, concretamente no painel de trás da segunda gaveta da arca.

A testemunha CC4 , inspector-chefe da P.J., confirmou o auto de busca e apreensão de fls. 173 na casa da arguida BB, quando foram encontrados vestígios hemáticos no chão, nas paredes, no balde e esfregona e na sola de umas sapatilhas que estavam na sala. Referiu que os vestígios eram muito pequenos e que era visível que o interior da habitação tinha sido lavado, e não só o chão, notando-se ainda as marcas da passagem da esfregona nas paredes e nas portas. Referiu ainda que esta lavagem do chão e paredes contrastava com o resto da casa, que estava "imunda", com roupa suja por todo o lado e louça por lavar "de 15 dias". A testemunha esteve presente na reconstituição dos factos, como consta de fls. 273 ss, cujo teor confirmou e referiu que na sequência desta reconstituição, seguindo indicações do arguido AA, procuraram o corpo num aterro de terra e noutros locais da Mexilhoeira Grande, numa lixeira, em Poço Barreto, num carro acidentado existente na sucata do padrasto do II, em Silves, etc., locais onde procuraram exaustivamente mas sem êxito. Confirmou que a configuração da casa é a que consta da planta de fls. 294 e que a porta que dá acesso à rua tem um manípulo do lado exterior que permite a entrada imediata na residência. Confirmou que a arguida tinha na sua posse, quando chegou à cadeia de Odemira, o recibo da compra de 1 litro de petróleo e de um esfregão de arame, de que se tentou desfazer, e que foi entregue à P.J. pela Directora do E.P. - confirmou que o recibo é o de fls. 876. Ainda referiu que seguiu a pista de um cidadão marroquino que podia ter levado a CC, segundo indicações da arguida BB, mas veio a apurar que na altura do desaparecimento da CC esse indivíduo estava em França.

A testemunha CC5 , inspector da P.J., relatou que foi a Olhão, a casa da testemunha OO, com a arguida BB, pois esta tinha referido que a CC podia estar lá, o que não era verdade. Relatou também que procedeu a diversas buscas, em diversos locais, segundo indicações do arguido AA de que era ali que se encontrava o corpo, não tendo obtido qualquer resultado positivo.

A testemunha CC6 , inspector da P.J., declarou ter procurado o arguido AA, que entretanto se tinha ausentado da Figueira - apurou a testemunha que se ausentou no dia 14 - vindo a detê-lo em Altura, Cacela, a dormir dentro de um carro velho, local onde também encontraram a roupa dele.

A testemunha DD, inspector da P.J., confirmou ter procedido à apreensão de um saco que continha roupas do arguido AA. Questionado sobre os desenhos de uma faca e de uma serra que se encontram juntos a fls. 1885 dos autos, declarou que tais desenhos foram efectuados pelo arguido AA, na presença da testemunha, destinando-se os mesmos a retratar os objectos que teriam sido utilizados para proceder ao esquartejamento da CC. A testemunha esteve presente no auto de reconstituição de esquartejamento junto aos autos a fls. 2100 ss, cujo teor confirmou, esclarecendo que o arguido é que escolheu os instrumentos de corte mais parecidos com os que tinha utilizado e que o médico-legista, que estava presente, confirmou que os mesmos eram adequados para o acto; confirmou também que o arguido indicou a forma como procedeu ao esquartejamento, ajudado pela irmã (nas fotografias representada por uma agente), bem como o tempo que demorou, e que o médico-legista afirmou ser aquela a maneira correcta de efectuar os cortes e aquele o tempo necessário; mais confirmou que o arguido reconstituiu também o modo como colocou as partes do corpo em sacos e os meteu nos compartimentos da arca, que era precisamente a mesma arca que estava na casa da Figueira e que tinha sido apreendida. Disse depois a testemunha que logo após a reconstituição se deslocou à Figueira para procurar os instrumentos de corte que o arguido AA disse ter utilizado, mas não os encontrou em casa, pelo que inquiriu o II sobre isso e ele confirmou-lhe que tinha tido uma serra daquelas e que não tinha dado conta quando tinha desaparecido. A testemunha declarou ainda ter medido a distância da casa da BB à "Pastelaria C..." e que o resultado foi cerca de 420 metros, os quais, percorridos a pé, em passo normal, levam cerca de 6 minutos a percorrer.

A testemunha CC7, inspector da P.J., relatou que procedeu a buscas para encontrar o corpo da CC, seguindo sucessivas indicações do arguido AA, sem nada ter encontrado. Relatou também que foi à escola primária da Figueira para tentar apurar a altura da CC com base numa fotografia que ali foi tirada e onde se viam uns desenhos, mas os desenhos já não eram os mesmos, sendo que ainda assim tentou apurar medidas, tendo obtido o valor de 1,35 m ou 1,40 m, como resulta do relato que consta a fls. 2078 e que confirmou.

A testemunha CC8, médico com especialidade em medicina-legal, confirmou ter estado presente na reconstituição de esquartejamento a que procedeu o arguido AA, esclarecendo que o arguido escolheu os instrumentos de corte mais parecidos com os que tinha utilizado e que os instrumentos escolhidos eram os que melhor se coadunavam com o acto de esquartejamento que o arguido estava a reconstituir, sendo que a serra cortaria ossos e músculos e a faca era necessária para cortar nervos e tendões. Também confirmou que o arguido indicou a forma como procedeu ao esquartejamento, ajudado pela irmã, bem como o tempo que demorou, o que tudo lhe pareceu adequado ao acto reconstituído. Esclareceu que o arguido hesitou na altura de reconstituir o modo como colocou as partes do corpo nos compartimentos da arca, pois só quando a testemunha disse ao arguido que lhe parecia difícil que o tronco com os membros coubessem no 2º compartimento, é que o arguido demonstrou a colocação depois de ter tirado a gaveta. A testemunha, perguntada se o corpo de uma miúda magra, de 8 anos, caberia naquela arca, não excluiu tal hipótese, respondendo que caberia "no limite". Disse ainda que do corte de um corpo morto há duas horas sai pouco sangue.

A testemunha CC9 disse que na madrugada de 13 de Setembro, entre a 1h 30m e as 3h, foi a casa da BB e do II e verificou que o reboque se encontrava estacionado ao pé de casa.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on November 18, 2013, 10:47:56 PM
carana, i dont read portuguese and  im sure 90 per cent of posters here dont either so please......ta
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 19, 2013, 09:29:36 AM
how much of what is being reported simply isn't true...the tools were supposed to have disappeared, were never found...so how can there be photographs of them...they didnt


From Leandro's testimony:

À testemunha foi também perguntado se tinha na sua casa algum serrote, ao que respondeu que sim, que tinha um serrote pequeno de dentes finos, e que quando a Polícia Judiciária lhe perguntou pelo serrote foi procurá-lo e verificou que tinha desaparecido.


The witness was also asked if he had a saw at home, to which he replied that he did, that he had a small fine-toothed handsaw, and that when the Judicial Police asked him about the saw, he went to look for it and noticed that it had disappeared. 


It's not clear when the PJ asked him this, nor when the saw disappeared.

DD (a PJ officer)
Questionado sobre os desenhos de uma faca e de uma serra que se encontram juntos a fls. 1885 dos autos, declarou que tais desenhos foram efectuados pelo arguido AA, na presença da testemunha, destinando-se os mesmos a retratar os objectos que teriam sido utilizados para proceder ao esquartejamento da CC.


If I've understood the above bit correctly, they weren't photographs, but drawings that João had done, in his presence, of the instruments used to dismember her. If that's the case, the "photos" would have been of the drawings.

ETA: From further in the PJ inspector's testimony:

Disse depois a testemunha que logo após a reconstituição se deslocou à Figueira para procurar os instrumentos de corte que o arguido AA disse ter utilizado, mas não os encontrou em casa, pelo que inquiriu o II sobre isso e ele confirmou-lhe que tinha tido uma serra daquelas e que não tinha dado conta quando tinha desaparecido.


(If I've understood that bit) The witness then said that after the reconstruction, he went to Figueira to search for the cutting instruments that João said he'd used, but they weren't in the house. He asked Leandro about it who confirmed that he had a saw like that and hadn't realised when it disappeared.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: sadie on November 19, 2013, 02:22:39 PM
Aot of work there Carana.  Well done 8@??)(
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 19, 2013, 03:07:18 PM
Aot of work there Carana.  Well done 8@??)(

My thanks go to whoever translated the first 7 statements. It's a shame that no one had the time to translate the other 30+ ones, which might have provided further insight.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: sadie on November 19, 2013, 03:31:58 PM
carana, i dont read portuguese and  im sure 90 per cent of posters here dont either so please......ta
There is always Google translate Red

We have to use that for your PT language posts.


But I see Carana has translated a good few of them for you.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on November 19, 2013, 03:47:21 PM
There is always Google translate Red

We have to use that for your PT language posts.


But I see Carana has translated a good few of them for you.

Must be confusing me with someone else dear.....
 8((()*/
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: sadie on November 19, 2013, 08:14:58 PM
Must be confusing me with someone else dear.....
 8((()*/
I am not so sure of that dear

But I aint wasting the time looking  8**8:/:
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 19, 2013, 10:05:58 PM
Why are you referring to appeal court documents Carana when you should be referring to the daily reports from the actual trial?

You have to go back to the trial as I have done if you ever going to understand this case.  Being able to translate Portuguese is a prerequisite of course.

I had another read of what you'd posted on this thread, which I presume came from press reports. They don't seem very balanced to me.

For example, there is a mention of the shopkeeper and whoever else who found her calm that night, but there's no mention of the witnesses who found her anxious and crying later that morning.

There's no mention of the phone calls to the extended family to see if she could be with them, nor the fact that she went to Joana's father's house to see if she could be there...
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 19, 2013, 10:27:50 PM
These reports mention some witness saying that she was treated like "Cinderella", but they don't mention all the witnesses who say that had never seen Leonor being aggressive towards her.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 28, 2013, 02:33:11 PM
Well done Carana  8((()*/

Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 28, 2013, 02:59:59 PM
part2
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 28, 2013, 03:56:05 PM
13 oct 2005 CM
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 28, 2013, 04:21:30 PM
Part 4
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 28, 2013, 04:48:36 PM
AGAIN I APOLOGISE IF THE TRANSLATION IS AT FAULT
Part 5
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 28, 2013, 05:04:28 PM
AGAIN I APOLOGISE IF THE TRANSLATION IS AT FAULT
part 6

Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 28, 2013, 05:43:22 PM
Part 7
AGAIN I APOLOGISE IF THE TRANSLATION IS AT FAULT IN ANY WAY


Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 28, 2013, 05:49:14 PM
A
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 28, 2013, 06:05:32 PM
A
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 28, 2013, 06:17:46 PM
A
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 29, 2013, 12:43:36 AM
A
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 29, 2013, 12:50:45 AM
a
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on November 29, 2013, 01:26:57 PM
Blimey Anna, what a collection.....it all proves Leonor and Joao were fitted up.....not.....thanks for all that
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 29, 2013, 02:21:04 PM
Blimey Anna, what a collection.....it all proves Leonor and Joao were fitted up.....not.....thanks for all that

You are very welcome ..............Lots more to come yet though
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Eleanor on November 29, 2013, 02:27:14 PM
You are very welcome ..............Lots more to come yet though

Any real Evidence yet?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 29, 2013, 02:29:33 PM
A
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 29, 2013, 02:31:04 PM
Any real Evidence yet?

Not a bit
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 29, 2013, 02:35:40 PM
A
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Eleanor on November 29, 2013, 02:36:09 PM
Not a bit

No.  I couldn't find any real Evidence either.  What a farce.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 29, 2013, 02:50:36 PM
A
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 29, 2013, 04:15:10 PM
A
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Eleanor on November 29, 2013, 04:30:31 PM

Sterling work, Anna.

Still no Evidence.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 29, 2013, 04:39:03 PM
Sterling work, Anna.

Still no Evidence.

Lots still to post, but you're right
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Eleanor on November 29, 2013, 04:46:14 PM

The European Court is going to have a fit when they consider this dreadful Miscarriage of Justice.  And only one Portuguese Judge is going to come out of this with any honour.

Does anyone know his name?  The Judge who voted that Leonor Cipriano is innocent.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 29, 2013, 05:03:42 PM
A
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 29, 2013, 05:50:07 PM
A
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 29, 2013, 06:06:49 PM
A
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 29, 2013, 06:15:18 PM
A
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 29, 2013, 06:33:59 PM
The European Court is going to have a fit when they consider this dreadful Miscarriage of Justice.  And only one Portuguese Judge is going to come out of this with any honour.

Does anyone know his name?  The Judge who voted that Leonor Cipriano is innocent.

Is this the one.....Santos Carvalho, one of four members of the Supreme Court of Justice called to decide on the future of Leonor and John Cyprian, convicted in the first instance by the death of joana, wanted to absolve the girl's mother of the crime of murder.
This judge is convinced that "there was no direct evidence, circumstantial only, even with regard to the victim dying"
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Eleanor on November 29, 2013, 06:38:12 PM
Is this the one.....Santos Carvalho, one of four members of the Supreme Court of Justice called to decide on the future of Leonor and John Cyprian, convicted in the first instance by the death of joana, wanted to absolve the girl's mother of the crime of murder.
This judge is convinced that "there was no direct evidence, circumstantial only, even with regard to the victim dying"

Thank you.  No where near enough attention is paid to him and his opinion.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: John on November 30, 2013, 12:23:08 AM
Thank you.  No where near enough attention is paid to him and his opinion.

Only an opinion, fortunately the other three supremo judges came to the opposite opinion and rightly so. Leonor is a murderer by her own free admission.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: colombosstogey on November 30, 2013, 06:15:16 AM
Is this the one.....Santos Carvalho, one of four members of the Supreme Court of Justice called to decide on the future of Leonor and John Cyprian, convicted in the first instance by the death of joana, wanted to absolve the girl's mother of the crime of murder.
This judge is convinced that "there was no direct evidence, circumstantial only, even with regard to the victim dying"

You always try to protect the person you love. HE HAD NOTHING to lose by saying that he was already convicted. He wanted to try and SAVE the women he loved.....simple.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Eleanor on November 30, 2013, 09:51:09 AM
Only an opinion, fortunately the other three supremo judges came to the opposite opinion and rightly so. Leonor is a murderer by her own free admission.

So no Evidence, only Opinions.  And not even unanimous.

And what's free about admission under torture?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 10:04:12 AM

You always try to protect the person you love. HE HAD NOTHING to lose by saying that he was already convicted. He wanted to try and SAVE the women he loved.....simple.

Sorry if I have misread your post but, Who wanted to protect the women he loved?
 It was the Judge who had the final vote on the reduction  of the sentence after the jury came out equal. It was he who made  the statement that Leonor should be Acquitted.
John has always blamed others....His sisters friend for persuading him to shoot someone(in a previous crime).
His Brother for taking and hiding the body of Joana
Leonor for killing her child
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Mr Gray on November 30, 2013, 10:20:24 AM
So still an astonishing lack of any real evidence
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Eleanor on November 30, 2013, 10:25:08 AM
So still an astonishing lack of any real evidence

It was a stitch up.  Plain and simple to see.  And only one person had the nerve to say so.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 30, 2013, 10:42:32 AM
Only an opinion, fortunately the other three supremo judges came to the opposite opinion and rightly so. Leonor is a murderer by her own free admission.

That might depend on what you mean by "free admission"...

Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 11:21:40 AM
S
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 11:36:37 AM
Ill treatment of child ?
13 oct 2005 DN


The issue of maltreatment joana, raised several times, was not proven by any witness. The psychologist of the Protection of Minors, Ana Sofia Paias, said to have detected "poverty", but not mistreatment.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 11:38:27 AM
Supporting the children?
13 oct 2005 DN

PAUL WARRIOR
The biological father of joana, the fifth witness to be heard, has ensured that he only knew that Leonor was a pregnant girl when "were already separated".  . When the baby had only five months, Leonor was handing her to him: "I Stayed with her two days".  Later, the woman returned to make another attempt to leave her daughter, to whose livelihood, admitted not contributed: "I was not to sustain the vices of Leonor. If you gave her money, she spent it in whimsy", he revealed.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 11:42:47 AM
When it was DISAPPEARANCE reported ?

Firstly by th café owner early morning of Monday when the searching was in process by the family
15 sep 2004 cm
 "She is a young girl quiet, docile and very understanding",she stressed to the CM Ofélia Zepherin, owner of the coffee shop where the child was fetching the milk and the cans of tuna, before disappearing (two people say she was seen next to the church) on the way back to the house, pointing out that "in the village everyone is worried about it and with fear of what might have happened to her, even because you never noted a case like this".  Ofélia Zepherin helped, in fact, the family trying to find the child, on the night in which she gave the disappearance, retracing the surroundings, including searching for to find her among the people that were at the party that was happening in the village. As the searches had no results, on the same night was called the GNR. Other inhabitants pointed out, however, the desire for everything to be clarified, so that the quiet is back to the village.
http://www.cmjornal.xl.pt/detalhe/noticias/nacional/portugal/crianca-desaparecida


IN THE 2006 APPEAL
arguida didn’t inform the police authorities about anything, despite there being GNR officers on duty in Figueira, because a popular fair called “Mussels Party” was taking place, and it was the third person (NN) that did it by telephone, at around 0.44 a.m. on the 13th of September, when she heard that the arguida hadn’t done so yet, and it was following said telephone call that the BB ended up talking to GNR officers near the church in Figueira;”.

13 oct 2005 DN
SANDRA FRANGANITO
The military of GNR that received the complaint on tour told us that Leonor reached between 10h00 and 11h00 on Monday, the morning following the crime .along with the sister, but she did not come to enter. The mother of joana attended the disappearance, gave a picture, and said to the soldier of the GNR, had not made any reference to the car or the suspected family.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 11:45:44 AM
Purchased food in house
Nothing that I can see in evidence either the trial or appeal 2006
Or statements says that the food was at home or the receipt

If anyone has evidence to the contrary I would be grateful for direction
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 11:48:45 AM
Shoes ?
13 oct 2005 DN
In court                  (different to appeal …..below)
Yesterday morning, after listening to the younger sister of the stepfather of joanana describe all of the clothes and shoes that she found in the house of the young girl, in Figueira, a student Dinamene Silva, of 20 years, has asked for the floor. " Leonor said to her that  joana had gone out with the red sandals, same as pamphlet  put on the streets , “but you saw these sandals  at home. And did you not confronted  Leonor?" Sara, the witness, hesitated and replied: "Did not."
                                 see appeal….
The appeal 20 april 2006The witness BB1 , sister of II, On Monday morning (day 13), around 14h, the witness was watching  BB. At home where was also  AA and II. At that time  BB said to her how it was it that  CC was clothed and on the sidewalk when she disappeared. Later, the witness has been faced with the shoes that BB had said that  CC had worn and has confronted  BB with this,  she responded  then that CC could not have changed to Shoes and that had worn the flip flops. However, subsequently, the witness found one of flip flops underneath the sofa in the room and another chinela in the room. She sought the footwear of CC and found at home all shoes, sandals and flip flops that she wore in this spring.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 12:02:18 PM
Cleaned the house with paraffin etc  When ??????????
It was purchased on 18th sep 2004(oil etc) and found in her bag at the prison  Although she had already cleaned the house before the disappearance, the her mother in law sent her for oil and wire to clean the Ticks off the door, however   In the statement below a date was not given for receipt


FROM APPEAL 2006
 Confirmed that the defendant eonor had in her possession when she reached the jail of Odemira, the receipt from the purchase of 1 liter of petroleum and a scourer of wire, that if she tried to undo, and which has been delivered to P. J. by Director of E. P. - Confirmed that the receipt is the fls. 876. Even mentioned that followed the trail of a Moroccan citizen who could have taken  CC, according to information of the suspect BB, but came to find out that at the time of disappearance of  CC this individual was in France.

LOURDES DAVID In court trial

The mother of stepfather of joana described the cleaning, with oil, which has been carried out - and in which she cooperated - in the house of Figueira, to finish with the Ticks, but said that the same were  on the outside of the residence, in particular near the door.
"The ticks appeared some days after the joana had disappeared, when already had been journalists and policemen. she said  Leonor  was a disgrace and that the house had to be cleaned of worms".


LOURDES DAVID  at the appeal 2006

AA5
The witness AA5, mother of II,
she noticed that there were ticks on the door of the house and a pillar and
old BB to go buy cresol for the kill.  Leonor bought oil, (18 apr 2004) saying that there was no cresol, and itself was the witness aa5 who proceeded to cleaning, outside the home, with the mop.

Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 12:14:27 PM
THE BIG CAR AND GERMANS was it ever investgated????????????????????????????????????????
Sep 12 2005 DN

On the day that completes a year about the disappearance of joanana Cipriano, eight years old, from the village of Figueira, in the municipality of Portimao - where she lived with her mother, stepfather and two brothers also minors - remains a mystery about what, in fact, has happened to the child. Abduction, sale or murder? The answer is a mystery.

The last track that will have been advanced two months ago to family members of joana, by an individual in Lagos, supposedly would indicate that the girl "was carried in a large car which was seen  on the street where she lived" and in which "were seen, once in a while, the Germans".  A situation that is already "the knowledge of an inspector of the Judicial Police (PJ) of Faro.

Curiously, this agent has--if proved elusive to be approached about the "case joana" by long-standing friends and journalists, limiting themselves to say that, as is natural, can not speak on the matter. This happens at a time when several people insist there, in the village of Figueira, "everyone speechless, who not one speaks for fear".
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Eleanor on November 30, 2013, 12:14:36 PM
Ticks can be common place in some areas.  I once had to deal with an infestation.  They climb up the walls and get everywhere.  And there were never any dead bodies in my house.
Petrol is known to deter them.

Although God know why such a fuss should be made about this.  Just another piece of circumstantial evidence that has no basis in fact.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 12:26:13 PM
Ticks can be common place in some areas.  I once had to deal with an infestation.  They climb up the walls and get everywhere.  And there were never any dead bodies in my house.
Petrol is known to deter them.

Although God know why such a fuss should be made about this.  Just another piece of circumstantial evidence that has no basis in fact.

That is very true Eleanor. fresh meat, Pigs will also attract them, or any animal really. When we were in Tangiers they washed the floor tiles with what smelled like paraffin
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 12:27:27 PM
The Saw ……………………………….....


7 may 2005 DN

"A journalist, when interviewing me, suggested that I would have helped to cut up the body, with material that I not even  have. AND he offered a chupa-chupa to my son, two years old, to compel him to say that joana had been beaten by the mother or by uncle and she was with  blood on the head."
7 may 2005
http://www.dn.pt/especiais/interior.aspx?content_id=1006701&especial=Caso j


14 Oct 2005 DN
In court
Stepfather of joanana back today to testify to help clarify whether there was or not in your home cutting instruments that John said the Judicial have used to cut the body of the young girl. We only lack hear two more defence witnesses and the forensic physician.
.................................................................................... Antonio Leandro, the stepfather of joana, heard yesterday in Court of Portimao, will return today to sit in the seat of witnesses by determination of the panel of judges, who wants to see clarified all details about the cutting instruments that John Cyprian says have used to cut the body of the young girl of eight years. The order of the juvenile court judge Alda Casimiro was read at the end of the afternoon, after having heard the inspectors of the PJ that investigated the case and several hours of technical discussion about blood, ticks and a cabinet where you have been hiding the body, into three pieces.
At issue is the need to ascertain whether there were or not at home of joana the two cutting instruments that, in statements to PJ in phase of investigation, John Cyprian said had been used to cut the body of the child: a knife black handle, a saw cut metal. As none of the two defendants - John and Leonor are accused of murder qualified, desecration and concealment of cadaver - provides explanations, the doubt can only be clarified by the companion of Leonor.
One of the inspectors of the PJ - the Fight Against Vandalism - said that the tools, used by Leandro on work on scrap, stayed in home at Da Figueira and that disappeared after the crime



14 Oct 2005 DN
 Saw again
Court trial

The stepfather of joana, Leandro, also gave a brief testimony, recognizing a keyhole saw used for manual jobs, equal to the one that I used to have at home. However, said ,he did not know where it is now the said instrument.
THE DRAWING OF A SAW
FROM APPEAL 2006
DD
The witness DD, inspector of P. J. , confirmed that having the apprehension of a bag that contained clothes of defendant AA Questioned about the drawings of a drill and a saw that are together the fls. 1885 of autos, stated that such drawings were made by the defendant AA, in the presence of the witness, it competed with the same to depict the objects that would have been used to carry out the rendering of CC. The witness was present at the self of reconstitution of rendering plant next to autos the fls. 2100 ss, whose content has confirmed, clarifying that the accused is that he chose the cutting instruments more similar with those he had used and that the forensic physician, who was present, confirmed that the same were appropriate for the act; also confirmed that the defendant has indicated how he proceeded to the rendering plant, helped by sister (in photographs represented by an agent), as well as the time it took, and that the forensic physician stated that the correct way to carry out the cuts and that the time required; further confirmed that the accused reconstituted also how to put parts of the body in bags and the rest In the compartments of the ark, which was precisely the same cabinet that was in casa Da Figueira and that had been seized. Then he said  to witness that soon after the reconstitution went to Figueira to browse the cutting instruments that the defendant AA said they used, but they were not found in the house, by which asked  II about this and he confirmed to him that he had a saw  and which had not given account when it had disappeared. The witness also stated having measured the distance from the home of BB "Pastry C. .." and that the result was about 840 meters, which travelled on foot, in normal step, takes around 6 minutes to go.

Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 12:45:29 PM
SEXUAL ABUSE and blood
well I don't think a man can work n scrap and not get cuts....transferred to switch etc
and possibly the fridge. I have drawers in one of my freezers and always found it easier to take it out when I was looking for something Same with fridge salad drawer

The explanation for the semen is below, but I wonder why it wasn't tested?



On the other hand, were detected "lightweight traces of blood" in "switch mirror and at the foot of the sofa" of the house where  lived the child with the mother, stepfather and two brothers also minors. In the mattress of the bed and the bedspread of joana "discovered traces of semen and not detected traces of blood", describes the same document.

However, the woman who lives cohabit with another uncle of joana, Nelson Cyprian, assumed the Judicial Police that "when he went to the house of Leonor and stayed in bed of joana, kept one or two sexual relations with his companion and without condom".  Such a situation could help to clarify how it is that, on some occasions, was  sperm on the bed of Joana
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 30, 2013, 12:47:11 PM
Ticks can be common place in some areas.  I once had to deal with an infestation.  They climb up the walls and get everywhere.  And there were never any dead bodies in my house.
Petrol is known to deter them.

Although God know why such a fuss should be made about this.  Just another piece of circumstantial evidence that has no basis in fact.

My understanding of this is that Leandro's mother (who incidentally testified that Leonor always kept her house clean and well kept), having presumably stopped to visit on her way back from whatever "SIC" is, was the one who noticed that there were bugs (whatever they actually were) on the door of the house and on a pillar and suggested to Leonor to go and buy some "creolina" to kill them. If "creolina" is creosote, I'm not aware that there are colourless varieties (although there may be). If not, it would seem unlikely to suggest splashing it inside the house. I have yet to find an indication in her testimony that the area involved the inside of the house. According to her stepmother, Leonor went shopping for some but couldn't find any and bought petrol* instead. This petrol* was only bought on 18 September. And it was the stepmother who used it on the outside of the house with a mop of some kind.

* It's not quite clear what this "petróleo" actually is. Petrol? Paraffin? Kerosene?

A testemunha AA5, mãe de II, declarou que a CC esteve em sua casa desde 5ª feira a domingo, dia 12 de Setembro, indo para a Figueira com a mãe pelas 18 h. Nesse dia à noite (já estava deitada) o II telefonou-lhe a perguntar se estava lá a CC, tendo a testemunha respondido que a CC tinha ido com a mãe, ao que o II a informou que a CC tinha desaparecido. Disse ainda a testemunha que a arguida BB tinha a casa sempre limpa e tratava bem da casa. Num dia, depois de lá ter ido a SIC, reparou que havia carraças à porta de casa e num pilar e disse à BB para ela ir comprar creolina para as matar. A BB comprou petróleo, dizendo que não havia creolina, e foi a própria testemunha que procedeu à limpeza, no exterior da casa, com a esfregona.

Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Eleanor on November 30, 2013, 12:51:00 PM
That is very true Eleanor. fresh meat, Pigs will also attract them, or any animal really. When we were in Tangiers they washed the floor tiles with what smelled like paraffin

I once pulled a tick out of the back of my son's neck.  And I used to lie in bed at night and count them crawling up the walls.
Petrol or parafin in relatively large quantities is the only way to deal with them if you don't want to leave the house while they fumigate it at great expense.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 12:51:50 PM
My understanding of this is that Leandro's mother (who incidentally testified that Leonor always kept her house clean and well kept), having presumably stopped to visit on her way back from whatever "SIC" is, was the one who noticed that there were bugs (whatever they actually were) on the door of the house and on a pillar and suggested to Leonor to go and buy some "creolina" to kill them. If "creolina" is creosote, I'm not aware that there are colourless varieties (although there may be). If not, it would seem unlikely to suggest splashing it inside the house. I have yet to find an indication in her testimony that the area involved the inside of the house. According to her stepmother, Leonor went shopping for some but couldn't find any and bought petrol instead. This petrol was only bought on 18 September. And it was the stepmother who used it on the outside of the house with a mop of some kind.




A testemunha AA5, mãe de II, declarou que a CC esteve em sua casa desde 5ª feira a domingo, dia 12 de Setembro, indo para a Figueira com a mãe pelas 18 h. Nesse dia à noite (já estava deitada) o II telefonou-lhe a perguntar se estava lá a CC, tendo a testemunha respondido que a CC tinha ido com a mãe, ao que o II a informou que a CC tinha desaparecido. Disse ainda a testemunha que a arguida BB tinha a casa sempre limpa e tratava bem da casa. Num dia, depois de lá ter ido a SIC, reparou que havia carraças à porta de casa e num pilar e disse à BB para ela ir comprar creolina para as matar. A BB comprou petróleo, dizendo que não havia creolina, e foi a própria testemunha que procedeu à limpeza, no exterior da casa, com a esfregona.

Right again Carana ,but Leonor did clean indoors with dishwasher liquid and water before child disappeared it should be in the news statements

here we go...
one of police enquiries, on 13 January, Leonor Cipriano confirmed having washed the floor "with a mop and handle, using water and dishwashing liquid".  But this "operation was made on the day on which Joana disappeared, by 28.02.2008 18:00 ", i.e. "before her disappearance", said the mother.
http://www.dn.pt/especiais/interior.aspx?content_id=1006711&especial=Caso%20Joana&seccao=SOCIEDADE
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 30, 2013, 01:03:07 PM
The first visit by the PJ squad hunting for forensics seems to have been on 22 September, unless anyone has found anything different.

On the other hand, the actions that are part of the reconstitution act are compatible with the blood traces that were collected in the living room (it should be noted that the reconstitution takes place in the living room), as a result of the search and apprehension act that was carried out on the 22th of September 2004 (cfr. pages 173 and 233 and following), which mentions that traces were collected on the floor, near the entrance door, inside and outside, near the interior electrical switch on the right hand side of the entrance door, near the entrance on the left hand side of the sofa, on a pair of trainers belonging to MM Silva that were located between the sofas, on a mop (handle) and its bucket.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 30, 2013, 01:12:02 PM
Right again Carana ,but Leonor did clean indoors with dishwasher liquid and water before child disappeared it should be in the news statements

The Faro PJ squad didn't examine the house until 22 September as far as I can work out (she disappeared on the 12 September, although it's often recorded as the 13th, as that's when the official report was filed).

Even if detergent had been used on areas that kids would frequently touch... why would that imply a post-massacre cleanup that no visitor to the house seemed to have noticed?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 01:19:59 PM
The Faro PJ squad didn't examine the house until 22 September as far as I can work out (she disappeared on the 12 September, although it's often recorded as the 13th, as that's when the official report was filed).

Even if detergent had been used on areas that kids would frequently touch... why would that imply a post-massacre cleanup that no visitor to the house seemed to have noticed?

Yes, She certainly had a lot of people in and out of the house in the days after Joane disappeared
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: John on November 30, 2013, 01:24:17 PM
So no Evidence, only Opinions.  And not even unanimous.

And what's free about admission under torture?

For the last time please stop posting falsehoods Eleanor.  Leonor freely confessed to the murder the very first time she came before the magistrates which was weeks before the torture incident.  Try and look at the events objectively as Anna and Carana have done.

I haven't had the time to look through this entire thread yet but I must commend the research so far.

However, in the final analysis, Leonor did freely confess to bludgeoning Joana's head against the house wall in what can only be assumed was some sort of spontaneous rage over some event.  It has been alleged that she saw some sort of incestual sexual encounter between her mother and her uncle and also suggested that the encounter was over the measly €10 change from the shopping which Joana probably wanted for the fair.  None of this can be proven however.

Maybe someone will explain to me why an innocent mother would admit to such a horrible act if innocent?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Eleanor on November 30, 2013, 01:31:43 PM
The PJ suggested that because Leonor was a peasant then the house must have been dirty, so any cleaning would have been for the purpose of covering up a dead body.  Although there is no evidence to suggest that the house was ever in fact dirty.

Personally, I only ever clean my house once a year, whether it needs it or not, although I did make some attempt to clean up the blood when I bled copiously from a cut to my thumb.  Yer, really, I bled all over the place for at least half an hour.  But I bet I left some residue littered about from trying to staunch the flow with many pieces of kitchen roll.
This of course will have been diffused somewhat by the bleach I use on the tiled floor when I do get around to cleaning.

PS.  I am a peasant.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 30, 2013, 01:39:05 PM
For the last time please stop posting falsehoods Eleanor.  Leonor freely confessed to the murder the very first time she came before the magistrates which was weeks before the torture incident.  Try and look at the events objectively as Anna and Carana have done.

I haven't had the time to look through this entire thread yet but I must commend the research so far.

However, in the final analysis, Leonor did freely confess to bludgeoning Joana's head against the house wall in what can only be assumed was some sort of spontaneous rage over some event.  It has been alleged that she saw some sort of incestual sexual encounter between her mother and her uncle and also suggested that the encounter was over the measly €10 change from the shopping which Joana probably wanted for the fair.  None of this can be proven however.

Maybe someone will explain to me why an innocent mother would admit to such a horrible act if innocent?

There could be lots of reasons, John, depending on the interrogation methods used... You have your conviction, which is fine by me. But what makes you think that intimidation and/or beatings couldn't make someone "voluntarily" "confess" to something that they hadn't actually done?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Eleanor on November 30, 2013, 01:41:44 PM
For the last time please stop posting falsehoods Eleanor.  Leonor freely confessed to the murder the very first time she came before the magistrates which was weeks before the torture incident.  Try and look at the events objectively as Anna and Carana have done.

I haven't had the time to look through this entire thread yet but I must commend the research so far.

However, in the final analysis, Leonor did freely confess to bludgeoning Joana's head against the house wall in what can only be assumed was some sort of spontaneous rage over some event.  It has been alleged that she saw some sort of incestual sexual encounter between her mother and her uncle and also suggested that the encounter was over the measly €10 change from the shopping which Joana probably wanted for the fair.  None of this can be proven however.

Maybe someone will explain to me why an innocent mother would admit to such a horrible act if innocent?

Shocked and horrified.  How can you post such falsehoods of which you admit there is no proof. 
So now it is the change from 10 Euros?

You should be ashamed of yourself on a Forum that purports to Justice.

Shut me up by all means.  I wouldn't really care.  But so long as I am allowed to post on this Forum then I am going to go on saying that this was a Miscarriage of Justice.

You of all people could have had a really good one here.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: John on November 30, 2013, 01:42:54 PM
There could be lots of reasons, John, depending on the interrogation methods used... You have your conviction, which is fine by me. But what makes you think that intimidation and/or beatings couldn't make someone "voluntarily" "confess" to something that they hadn't actually done?

She was a free woman up until that hearing and could return home every night.  There was no evidence of any beatings until much later.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: John on November 30, 2013, 01:43:46 PM
Shocked and horrified.  How can you post such falsehoods of which you admit there is no proof. 
So now it is the change from 10 Euros?

You should be ashamed of yourself on a Forum that purports to Justice.

Shut me up by all means.  I wouldn't really care.  But so long as I am allowed to post on this Forum then I am going to go on saying that this was a Miscarriage of Justice.

You of all people could have had a really good one here.

If you continue to post false information Eleanor that's exactly what will happen...your choice.

Its facts and evidence we are interested in and not semantics.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Eleanor on November 30, 2013, 01:45:37 PM
She was a free woman up until that hearing and could return home every night.  There was no evidence of any beatings until much later.

No visible evidence, you mean.  And I have never seen this interview, so let's have a cite.  Thank you.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Eleanor on November 30, 2013, 01:48:02 PM
If you continue to post false information Eleanor that's exactly what will happen...your choice.

Its facts and evidence we are interested in and not semantics.

What false information have I posted?  My choice is to say what I think.  Only you can ban me.  So the choice is yours.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 30, 2013, 01:48:31 PM
She was a free woman up until that hearing and could return home every night.  There was no evidence of any beatings until much later.

You mentioned this before. I haven't found anything to substantiate that. Where did you get that from?

I have found that the other 7 arguidos in this case were allowed to go home under caution, but I haven't found anything to substantiate that Leonor and João had that privilege as of 21 Sept.

Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: John on November 30, 2013, 02:09:31 PM
What false information have I posted?  My choice is to say what I think.  Only you can ban me.  So the choice is yours.

Members get banned for serious breaches of the forum rules which everyone has to abide by. 

You have inferred that the beating came before the first confession which is untrue. The beatings came weeks later.

Leonor was a free woman up until the day she and her brother João were brought before the first magistrate.  On the basis of her confession in court she was remanded in custody while João was released on bail.  He was rearrested a few days later and also remanded.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: John on November 30, 2013, 02:11:39 PM
You mentioned this before. I haven't found anything to substantiate that. Where did you get that from?

I have found that the other 7 arguidos in this case were allowed to go home under caution, but I haven't found anything to substantiate that Leonor and João had that privilege as of 21 Sept.

Its all there in the daily rags.  Leonor was allowed home up until her first appearance before the examining magistrate.  She had a police guard outside her house supposedly for her own protection.

I suggest you read the on-line back issues of the Correio da Manhã.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 30, 2013, 02:15:47 PM
Its all there in the daily rags.  Leonor was allowed home up until her first appearance before the examining magistrate.  She a police guard outside her house supposedly for her own protection.

Could you provide the links to the articles in the daily rags in question? I thought that we were supposed to try to back up assertions as far as possible.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 02:19:12 PM
29 3 2005

The 12 September, Joana Cipriano, eight years ago, she went out of the house in order to buy two cans of tuna and a package of milk. Never more to be seen. Belonging to a poor family, the neighbours as soon as they suggested that the mother would have beaten who having stolen, in sections, two euros.
In a first phase, the Judicial Police in Portimao has admitted that it could be possible that the mother had sold her to a German couple, by which, contrary to what they should have done, not researched the places where the child lived, only those having searched, and badly, ten days after. At 23, the mother of the child, Leonor Cipriano, was prey, having been held, on the following day, in detention of Odemira, where it was a preventive detention.


For those who do not know, this means that the judge considered, not that she was guilty, but that could well undermine the police investigations. The law prescribes that this type of prison may not stay, in a first phase, more than six months, for which the 18 of this month, the judge of the Court of Criminal Appeals of Portimao, after having returned to interrogate Leonor Cipriano, decided to keep her held here, on the basis that there was the possibility of leakage, disturbance of investigation, or social alarm, and novelty, which had arisen from some evidence.

http://pontedosor.blogspot.co.uk/2005/03/onde-est-joana-cipriano_29.html
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Eleanor on November 30, 2013, 02:19:47 PM
Its all there in the daily rags.  Leonor was allowed home up until her first appearance before the examining magistrate.  She a police guard outside her house supposedly for her own protection.

Daily Rags?  I see.  Have you not learned anything about Portugal, Secrecy and Daily Rags?

"Xcuse me, Your Honour.  The Daily Rag said it, so it must be true."

If Leonor needed protection then it was from Daily Rags and Public Opinion.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: John on November 30, 2013, 02:22:16 PM
Here, I will even help you out yet again since most members cannot read Portuguese.


Even before she was committed to prison, Leonor Cipriano spoke, admitted, confessed to accidentally killing her daughter.  No silence on that occasion!

Extract from the Correio da Manhã on 26 September 2004.



Mother Confesses to death of Daughter by Accident.

Several hours of questioning culminating in the confession of the crime. First João Cipriano took participation in the concealment of the corpse of her niece after her mother Joan admitted responsibility for the murder committed against a minor, on the night of the 12th of this month, in the house where they lived in Figueira.

An accidental death , the woman claimed before the judge of instruction of the Court of Portimão , Ana Soares , who ordered the arrest of the woman and told the man at liberty with the obligation to report daily to authorities.
The coercive measures were only known from about 3:00 a.m. early yesterday morning , at a time when dozens of popular revolt were still concentrated at the door of the Court (some remained there throughout the day ) .
According found the Morning Post , the uncle of the murdered girl , João Cipriano , who was the first to be heard by the judge (he was being interrogated since mid-afternoon until 21:30 ) , will initially admitted crime , but later , when statements were passed in writing , the individual eventually point the finger to his sister , the mother of Joan .
"It is with my sister " - was the expression used countless times by the individual when faced with issues related to the way they had the murder of the child , referring to all the explanations Leonor Cipriano case .
João Cipriano have just recognized that helped Sister ( request ) to rid the body of Joan , after the girl was killed . Ensured that the body was placed in a land close to home, but stressed that he was not sure where , because " it was dark " .
However , Joana's mother , Leonor Cipriano , who was heard between 21:30 and about 00:00 , came to confess to the murder of her daughter . The woman however justified that it was an accident , saying that she had given a slap to the child who had hit her head on a wall, falling unconscious.
Leonor Cipriano said to have been bewildered and panicked at the prospect of killing her daughter , so decided to wrap the girl's body in a cloth and put her in a plastic bag . She then asked the help of her brother to dispose of the body of her own daughter , which she said came to pass at a site in the vicinity of the house .
Like her uncle , the mother of Joan also have apologized to the dark, as well as the state of panic that would meet , not knowing where to put her daughter's body . This is , incidentally , the reason given by both to the fact that the clues provided so far to PJ about where laid the body prove completely false .
Lately , Joana's mother is taking the idea of finding psychologically affected with the case , verifying that often " says nothing to something," according to the expression used by a source close to the investigation .
After hearing the two suspects , Judge of Criminal gathered to decide on enforcement measures to apply , calling to his presence the mother and uncle of Joana around 1:30 a.m. . It was then reported that Leonor Cipriano would be in custody and João Cipriano who would freely through the term of identity and residence and daily presentations authorities ( GNR Silves ).

http://www.cmjornal.xl.pt/detalhe/noticias/nacional/atualidade/mae-confessa-morte-da-filha-por-acidente
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: John on November 30, 2013, 02:23:45 PM
Explain this Eleanor?

26 September 2004

However , Joana's mother , Leonor Cipriano , who was heard between 21:30 and about 00:00 , came to confess to the murder of her daughter . The woman however justified that it was an accident , saying that she had given a slap to the child who had hit her head on a wall, falling unconscious.
Leonor Cipriano said to have been bewildered and panicked at the prospect of killing her daughter , so decided to wrap the girl's body in a cloth and put her in a plastic bag . She then asked the help of her brother to dispose of the body of her own daughter , which she said came to pass at a site in the vicinity of the house.


http://www.cmjornal.xl.pt/detalhe/noticias/nacional/atualidade/mae-confessa-morte-da-filha-por-acidente
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: John on November 30, 2013, 02:28:47 PM
Could you provide the links to the articles in the daily rags in question? I thought that we were supposed to try to back up assertions as far as possible.

http://www.cmjornal.xl.pt/search.aspx?pesquisa=leonor+cipriano&date_de=&date_ate=&filt=&order=&page=27&pagres=10
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Eleanor on November 30, 2013, 02:40:27 PM
Explain this Eleanor?

26 September 2004

However , Joana's mother , Leonor Cipriano , who was heard between 21:30 and about 00:00 , came to confess to the murder of her daughter . The woman however justified that it was an accident , saying that she had given a slap to the child who had hit her head on a wall, falling unconscious.
Leonor Cipriano said to have been bewildered and panicked at the prospect of killing her daughter , so decided to wrap the girl's body in a cloth and put her in a plastic bag . She then asked the help of her brother to dispose of the body of her own daughter , which she said came to pass at a site in the vicinity of the house.


http://www.cmjornal.xl.pt/detalhe/noticias/nacional/atualidade/mae-confessa-morte-da-filha-por-acidente

On what date was Leonor taken to the police station and allegedly beaten for several hours?

Was she threatened with beating before that date?

Why was she beaten later if she had already confessed?

This simply does not make sense.

CdM is worse even than The Daily Star.

Please don't shout.  It does nothing to convince me.

However, do with me as you wish.  I have no idea why you should think that I would care.  This is just a Forum.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 30, 2013, 02:52:09 PM
25 sept 2004 - THIS MOTHER SHOULD BE DEAD

The alleged murderers (mother and uncle) Joan were conducted yesterday afternoon at the Court of Portimão to be present at court for criminal prosecution, and was greeted by hundreds of angry people who had gathered at the site. "Assassins" was the word shouted in unison by the popular indignation while the two suspects went through the doors of the building under heavy police escort.

The interrogation of the child's uncle , John Cipriano , has ended after 20.00 and will result in the confession of crime by this , according to a source close to the process. The individual had spent the night at the Prison of Faro.
The judge then heard the child's mother , Leonor Cipriano , who spent the night in the dungeons of the Judicial Police of Faro. The process leading to the implementation of coercive measures dragged into the night .
The two detainees were subject to major security measures by the PSP , which highlighted about 30 officers to the scene, including two dozen members of the Body of Intervention . The arrival of detainees , which was scheduled for 10:00 am, just came to check up around 15:00 , when they were still engaged in many popular place to see up close the two alleged perpetrators of the murder that shocked the country
The authorities were able , however , to fool most people concentrated at the Court . While a mobile car entered the garage at high speed , attracting general attention , the mother and uncle of Joana were sent to the front door , surrounded by members of the Body of Intervention PSP . Thus , individuals were able to escape the popular anger .
During this time , the road around the Court has truly become chaotic , with tailbacks to accumulate in the adjacent streets . Nevertheless , many people insisted on passing car at the site to see the awesome police apparatus placed there .
Many motorists even ended up parking the car nearby, joining the cluster of people waiting for the arrival of suspected death of Joan .
MORE THAN A DEATH
For Maria Amelia , one of the people who was at the Court of Portimão , " that mother deserves more than death " , stressing that "it is the fault of the rulers , since there must be popular justice " . And he confesses : "I always suspected the fault of this woman , because no one can be so cold before the disappearance of a child ."
Beside her , a lady gave an draws near : " They did what they did and are still protected by the authorities , something that they do not deserve ."
John Pacheco was the other popular that showed " shocked and disgusted " with the crime , because the girl knew by sight , by the time she attended the School of Sales in Portimão.
" She was and uncle were to be hanged , if indeed done what it says " , defended in turn Anthony Hunter . Despite his already advanced age , this popular collateral " have never in my life seen such a shocking case like this ."
In the crowd there were also those who still refuse to believe that any mother would be committing an act of that gravity. It was the case of Joseph Francis , who claimed still expect " everything was confirmed ."
Everywhere , the voices that were heard could not be more critical of the alleged perpetrators of the crime , insisting the majority of the popular need for stiffer penalties for such cases and even popular justice .
The many hundreds of people who were at the Court began to demobilize the evening , when the doors of the court were closed and police contingent was raised .
STEPFATHER WAS HEARD BY THE JUDICIAL
" Nobody knows what I 'm going through . Still do not believe this is happening to me , "he said yesterday, the CM , the stepfather of Joan Little , the ex- Faro Directorate of the Judicial Police ( PJ ) which was heard by inspectors SRCB all morning . António Leandro , who abandoned the premises of the PJ moments after his partner , Leonor Cipriano be taken in a civilian car to the Court of Portimão , refused to provide more statements about the case , though he admits not believe that the woman is implicated in the murder. For the stepfather of the murdered girl , the two detained only uncle of the child would be able to practice the act , as it possessed criminal records , including attempted murder of a family . According to PJ , the possible involvement of Leandro in girl's death is so far away .
LEONOR exonerate BROTHER TRIED
ww MAGDALENE BENTES
During the first interrogation in the Directorate of Faro PJ , Leonor Cipriano have tried to exonerate her brother , responsible for the effect her own husband . The CM was found that the woman will initially said the stepfather to carry out the body of Joan outside the housing version that will easily have been cleared by the PJ as António Leandro was in a cafe in the village during the period in which it was committed the crime . Leonor and her brother are, moreover , the only two occupants of the home when Joan arrived on the night of the 12th, coming from shopping. In possession of the girl would not have more than ten euros , an amount required by his uncle , who fall on suspicion of having been the main author of the aggressions inflicted on the lowest that have been removed from the scene lifeless . This is at least a strong suspicion Inspectors Regional Chamber Against Gangsterism ( SRCB ) the PJ in Faro , after detecting traces inside the house of the action taken by the mother and uncle .
Doubts remain however until the discovery of the corpse , when it will also be possible to determine the possible use of bladed weapons , which could have caused serious injury to the lowest since according to PJ , the intention of the two murderers have been the same for kill the child . At issue was the attempt on the part of both economies to extort the girl who used to receive money from relatives , especially the paternal grandparents .
Yesterday , inspectors of the PJ in Faro SRCB continued to hear people near the small Joan since the investigations , classified as very complex , will continue until the full investigation of the case.


25 Sept 2004 - MOTHER OF JOAN ON PROBATION

Leonor Cipriano, the suspected death of their daughter Joana Guerreiro, 8 years, will remain in custody, according to the decision of the court of Portimão enacted in the early hours of Saturday. His brother, João Cipriano, is obligated to periodic presentations to the authorities.

The two alleged murderers, accused of killing Joanna, which occurred on September 12, in the village of Figueira, near Portimão, the Court left the premises at about 2:45 a.m., where they were heard from the evening of Friday.
Joan's body remains undiscovered, the authorities have resumed the search operations this Saturday.

http://www.cmjornal.xl.pt/detalhe/noticias/ultima-hora/mae-de-joana-em-prisao-preventiva

Thanks for that. According to that link (dated 25 September 2004, 13h57), it seems to state that she would continue to be held on remand.



MÃE DE JOANA EM PRISÃO PREVENTIVA

Leonor Cipriano, suspeita da morte de sua filha Joana Guerreiro, de 8 anos, vai permanecer em prisão preventiva, segundo a decisão do tribunal de Portimão decretada na madrugada deste sábado. O seu irmão, João Cipriano, fica obrigado a apresentações periódicas às autoridades.

Os dois alegados homicidas, acusados da morte de Joana, ocorrida no dia 12 de Setembro, na aldeia de Figueira, perto de Portimão, deixaram as instalações do Tribunal cerca das 2h45, onde foram ouvidos desde a tarde de sexta-feira.
O corpo de Joana continua por encontrar, tendo as autoridades retomado as operações de busca este sábado.


One thing at a time perhaps. Where does it state that she was allowed home every day between 21- 24 Sept.?

Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 03:10:32 PM
Can't we just talk about this, without people getting overheated. We were going through the so called evidence of the trial. And items associated
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Eleanor on November 30, 2013, 03:16:25 PM

Okay, I am out.  Sorry if I got overheated about what I consider to be bordering on the obscene.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: John on November 30, 2013, 03:22:01 PM
I have removed that article Carana as there is far too much material to clutter this thread.  I think the best thing is for me to compile a list of articles in the lead up to the arrest and detention of Leonor Cipriano so that readers can see for themselves how it all developed.

We have to be guided by the events which occurred Eleanor.  I understand your passion for this case but we must stick to the facts.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 30, 2013, 03:30:36 PM
I have removed that article Carana as there is far too much material to clutter this thread.  I think the best thing is for me to compile a list of articles in the lead up to the arrest and detention of Leonor Cipriano so that readers can see for themselves how it all developed.

We have to be guided by the events which occurred Eleanor.  I understand your passion for this case but we must stick to the facts.

Ok. It might be useful to distinguish between the media frenzy prior to the trial, what was actually reported during the trial and to compare that with the official documents.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 30, 2013, 03:44:07 PM
In terms of the few facts...

Is anyone disputing that she disappeared on the evening of 12 Sept 2004?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: John on November 30, 2013, 03:44:36 PM
Ok. It might be useful to distinguish between the media frenzy prior to the trial, what was actually reported during the trial and to compare that with the official documents.

I completely agree.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on November 30, 2013, 04:01:47 PM
For people who think this was an unsafe conviction for one or both ofthe parties, what do you belive happened?
- leonor is innocent, her brother killed joana
- leonor is innocent but knows her brother killed joana and is complicit in covering up
-leonor is innocent, her brother sold joana, with or without her covering for him
- leonor is complicit with her brother  in agreeing to sell joana
- leonor could well be guilty alone in killing joana, joao is innocent but possibly guilty of disposal of the body
-leonor could well be guilty along with her brother in killing joana
- joana was abducted by a total stranger
- another family member or friend abducted or killed her
- any other options?


Hard to tell categorically with the plethora of stories and changed versions they gave over the years and some of the witness statements
 >@@(*&)


How many appeals have they been through?

Anyone know if their sentences are minimum tariffs? Or could they get out after serving,say,half..


Edited
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Mr Gray on November 30, 2013, 04:07:04 PM
Again posters want to believe there is evidence but to quote a tabloid story as supporting evidence is bizarre. it just shows again there is no real evidence
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: John on November 30, 2013, 04:14:26 PM
Again posters want to believe there is evidence but to quote a tabloid story as supporting evidence is bizarre. it just shows again there is no real evidence

Well if you take her own admission, her attempts to exonerate her brother and all the circumstantial evidence I am not in the least surprised that the jury unanimously found her guilty.

Joana's body lies somewhere and that for me is the really sad fact in this case.  No wonder Gonçalo Amaral pays homage to her every year on 12 September.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 04:17:10 PM
For people who think this was an unsafe conviction for one or both ofthe parties, what do you belive happened?
- leonor is innocent, her brother killed joana
- leonor is innocent but knows her brother killed joana and is complicit in covering up
-leonor is innocent, her brother sold joana, with or without her covering for him
- leonor is complicit with her brother  in agreeing to sell joana
- leonor could well be guilty alone in killing joana
-leonor could well be guilty along with her brother in killing joana
- joana was abducted
- another family member or friend abducted or killed her


Hard to tell categorically with the plethora of stories and changed versions they gave over the years and some of the witness statements
 >@@(*&)

It is a difficult one RB. That's why I am sifting through the evidence to find a tell-tale ,without the help of the hate that was stirred up in the people by police information leaks at the time. They were already condemned before they went to trial.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on November 30, 2013, 04:23:23 PM
It is a difficult one RB. That's why I am sifting through the evidence to find a tell-tale ,without the help of the hate that was stirred up in the people by police information leaks at the time. They were already condemned before they went to trial.

thanks Anna, appreciate all the hard work youve done....just trying to think of how many parents arrested charged and convicted  for the murder/accidental killingharm/that lead to death of their kids were innocent in the end.....its an extremely rare occurrence...so rare I dont think theres enough decimal places when writing a percentage....still......
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 05:07:00 PM
thanks Anna, appreciate all the hard work youve done....just trying to think of how many parents arrested charged and convicted  for the murder/accidental killingharm/that lead to death of their kids were innocent in the end.....its an extremely rare occurrence...so rare I dont think theres enough decimal places when writing a percentage....still......

Thank you for that, RB , I see where your coming from, but there are so many missing children and nobody arrested, because there is no proof of what became of them to charge anyone.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 30, 2013, 05:19:39 PM
Well if you take her own admission, her attempts to exonerate her brother and all the circumstantial evidence I am not in the least surprised that the jury unanimously found her guilty.

Joana's body lies somewhere and that for me is the really sad fact in this case.  No wonder Gonçalo Amaral pays homage to her every year on 12 September.

Hmmm. I thought we were going to try to establish facts?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on November 30, 2013, 05:39:12 PM
Thank you for that, RB , I see where your coming from, but there are so many missing children and nobody arrested, because there is no proof of what became of them to charge anyone.

But i was talking about people who have been arrested.....and this case is not one of a missing child with no suspects arrests charges or convictions
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 06:11:09 PM
Okay, I am out.  Sorry if I got overheated about what I consider to be bordering on the obscene.

Sorry, Eleanor, I did not intend to offend you, or anyone
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 30, 2013, 06:14:41 PM
But i was talking about people who have been arrested.....and this case is not one of a missing child with no suspects arrests charges or convictions

I'm still trying to find any probative evidence that this child died.


Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 06:17:06 PM
Hmmm. I thought we were going to try to establish facts?

OK Carana,
 She went missing 12 sep 2004 at around 8.30 pm when she was last seen near the church with a shopping bag
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on November 30, 2013, 06:27:53 PM
I'm still trying to find any probative evidence that this child died.

Good luck then...I was asking Anna a question, after her response to me when I asked of those who thnk this is an unsafe conviction which of the following do you thnk occurred, to which she replied, hard to tell, to which i replied how many people have been found innocent after being charged and convicted with the death of a child, any thoughts on that?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on November 30, 2013, 06:30:52 PM
OK Carana,
 She went missing 12 sep 2004 at around 8.30 pm when she was last seen near the church with a shopping bag

So they said though....any evidence for this? No....

This  fact is where she was last seen by an independent witness....
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: AnneGuedes on November 30, 2013, 06:36:36 PM
I'm still trying to find any probative evidence that this child died.
Have you found not probative evidence ?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 06:43:48 PM
So they said though....any evidence for this? No....

This  fact is where she was last seen by an independent witness....

That is very true RB She possibly didn't get that far, on her way home, but a witness none less
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 30, 2013, 06:44:35 PM
Have you found not probative evidence ?

Have you?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 30, 2013, 06:46:47 PM
So they said though....any evidence for this? No....

This  fact is where she was last seen by an independent witness....

Walking towards home, according to a lady having a ciggie out her window.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on November 30, 2013, 06:53:00 PM
That is very true RB She possibly didn't get that far, on her way home, but a witness none less

yes, I was just saying there is only an independentwitness who saw her alive on her way home....no independent witnesses to her being abducted or seeing a stranger nearby or anythng like that..so the witness statement cant mean joana went missing at 8 30 as she didnt see anything to warrant that
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on November 30, 2013, 06:54:42 PM
Walking towards home, according to a lady having a ciggie out her window.

So?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 30, 2013, 07:06:56 PM
So?

Whether or not she was kidnapped or killed / murdered by family members, someone seeing her walking towards home doesn't prove that she actually got back home. The only other detail that she might have done seems to be this uncorroborated statement about shoes.

What about children who are kidnapped on their way to school? Does one witness who saw a kid on the road to school prove that they actually got there? Or children walking to a bus stop? Would one testimony prove that they actually got on the bus?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 07:10:01 PM
So?

So you are saying that the café owner who was an independent witness could be lying too, including all the independent witnesses at the trial
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on November 30, 2013, 07:10:55 PM
Whether or not she was kidnapped or killed / murdered by family members, someone seeing her walking towards home doesn't prove that she actually got back home. The only other detail that she might have done seems to be this uncorroborated statement about shoes.

What about children who are kidnapped on their way to school? Does one witness who saw a kid on the road to school prove that they actually got there? Or children walking to a bus stop? Would one testimony prove that they actually got on the bus?

You should have made that point clear in your previous post then.....the discussion was about when she went missing and who she was last seen by...before getting there or not.....nothing to do whether she got home or not
 >@@(*&)

You do confuse me sometimes.....
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on November 30, 2013, 07:12:46 PM
So you are saying that the café owner who was an independent witness could be lying too, including all the independent witnesses at the trial
I never said any such thing, perhaps you misunderstood...

Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 07:19:19 PM
I never said any such thing, perhaps you misunderstood...

She was LAST SEEN at 8.30  I stand corrected, Why didn't you just correct me?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on November 30, 2013, 07:44:45 PM
She was LAST SEEN at 8.30  I stand corrected, Why didn't you just correct me?

----

OK Carana,
 She went missing 12 sep 2004 at around 8.30 pm when she was last seen near the church with a shopping bag


----


I did correct you.....in my later post

I dont know if those were your words or someone elses but I did say they werent right.....sorry, no offense.....
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on November 30, 2013, 08:27:07 PM
Reports vary as to when she went out / was last seen. However, the independent witnesses seem to agree more or less.

The lady at the shop said that she saw her at around 20:20 / 20:30

A testemunha NN, proprietária da "Pastelaria ...", declarou que no dia 12 de Setembro a CC apareceu na pastelaria, pelas 8h 20m / 8 h 30m, a comprar um pacote de leite e duas latas de atum.


and the lady at the window saw her walking home at around 20:30 / 20:40.

Witness AA3, at around 8.30/8.40 p.m., saw CC [Joana Cipriano] walking up the stairs near the market, into the direction of her home, with a bag, a sign that she was returning from shopping (and we know that she did the shopping, from the deposition of witness NN). This witness, who was smoking at the window, stayed at the window for some time and verified that there was no movement on location, nor did she see any cars, or heard any screams. This means that, according to the rules of experience, and given the fact that the route is short, what is normal is that the minor returned home.


Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on November 30, 2013, 08:29:47 PM
Only by 10 mins, and?.....
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 08:35:13 PM
----

OK Carana,
 She went missing 12 sep 2004 at around 8.30 pm when she was last seen near the church with a shopping bag


----


I did correct you.....in my later post

I dont know if those were your words or someone elses but I did say they werent right.....sorry, no offense.....

My fault I think..Sorry 8()-000(
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on November 30, 2013, 08:36:32 PM
My fault I think..Sorry 8()-000(

No worries no sorries....honest misunderstandings by me or you or anyone else are ok!
 8((()*/



Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on November 30, 2013, 08:44:40 PM
Reports vary as to when she went out / was last seen. However, the independent witnesses seem to agree more or less.

The lady at the shop said that she saw her at around 20:20 / 20:30

A testemunha NN, proprietária da "Pastelaria ...", declarou que no dia 12 de Setembro a CC apareceu na pastelaria, pelas 8h 20m / 8 h 30m, a comprar um pacote de leite e duas latas de atum.


and the lady at the window saw her walking home at around 20:30 / 20:40.

Witness AA3, at around 8.30/8.40 p.m., saw CC [Joana Cipriano] walking up the stairs near the market, into the direction of her home, with a bag, a sign that she was returning from shopping (and we know that she did the shopping, from the deposition of witness NN). This witness, who was smoking at the window, stayed at the window for some time and verified that there was no movement on location, nor did she see any cars, or heard any screams. This means that, according to the rules of experience, and given the fact that the route is short, what is normal is that the minor returned home.

So, She either made  it home in the window 8.40 ...8.45pm or was picked up.
If she walked back in the other direction, she would most likely have been seen again by these same witnesss
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on December 02, 2013, 03:39:32 PM
Whichever way she went to or headed back from that errand, it's roughly a 5-minute walk each way, plus waiting time in the café/shop.

Little MariLuz (Spain) disappeared on her way to/from buying a packet of crisps in her own village and never got home.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on December 03, 2013, 11:12:09 PM
Whichever way she went to or headed back from that errand, it's roughly a 5-minute walk each way, plus waiting time in the café/shop.

Little MariLuz (Spain) disappeared on her way to/from buying a packet of crisps in her own village and never got home.

Yes Carana, That poor little mite was found dead though. All these innocent little children . It's so very sad
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on December 04, 2013, 05:22:51 PM
And killed by a neighbour with a history of child abuse who should have been in prison, but the system screwed up and he was still on the streets. If what I've read is accurate.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on December 07, 2013, 04:59:06 PM
Whichever way she went to or headed back from that errand, it's roughly a 5-minute walk each way, plus waiting time in the café/shop.

Little MariLuz (Spain) disappeared on her way to/from buying a packet of crisps in her own village and never got home.

I think it is 5 minutes walking for an adult, not sure about a child. She left the café more than 5 mins before she was seen at church. I need to check the times again, something not right
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on December 07, 2013, 05:05:53 PM
I think it is 5 minutes walking for an adult, not sure about a child. She left the café more than 5 mins before she was seen at church. I need to check the times again, something not right

Maybe check why  a mother  sends her eight yr old child to walk 500 metres around this part and that part two hours after the sun has gone down! and then doesnt miss her for ages and then doesnt report her missing for ages......maybe thats "normal" in some parts....though




Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on December 07, 2013, 05:21:46 PM
Maybe check why  a mother  sends her eight yr old child to walk 500 metres around this part and that part two hours after the sun has gone down! and then doesnt miss her for ages and then doesnt report her missing for ages......maybe thats "normal" in some parts....though

When I was that age, I used to walk a mile to the village school, but that was well over 60 years ago  @)(++(*
  I do believe, it was said nothing like this had ever happened in Figueira
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on December 07, 2013, 05:27:33 PM
When I was that age, I used to walk a mile to the village school, but that was well over 60 years ago  @)(++(*
  I do believe, it was said nothing like this had ever happened in Figueira

Or PDL!!!

I know what you mean though....times are not the same though are they and she was sent out alone in the dark, dont small  villages have perverts?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on December 07, 2013, 05:49:25 PM
Or PDL!!!

I know what you mean though....times are not the same though are they and she was sent out alone in the dark, dont small  villages have perverts?

I guess they are everywhere, never heard of any near my home or anywhere really until recent years, but until there is evidence or suspicions, parents just carry on as normal. Kids of that age played outside together in Fig and yet a child was taken doing just that, in Wales. I think these sort of people just grab the opportunity when they can. Its really sick  ?8)@)-)
As for PDL.....Abduction ????
It was dark when I got home from school around 4.30pm, maybe that's why schools changed to 3pm
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on December 07, 2013, 08:10:56 PM
Maybe check why  a mother  sends her eight yr old child to walk 500 metres around this part and that part two hours after the sun has gone down! and then doesnt miss her for ages and then doesnt report her missing for ages......maybe thats "normal" in some parts....though

Sorry RB, I didn't really answer your question Distance 430 Mtrs
I have no Idea how dark it was, but light enough to be seen by a few witnesses, up until she reached "near the church"
She was seen walking back (latest 8.40)
John went looking for her and met up with the stepfather at 9.15-9.30pm in Celia's
They all went home and Leonor went to Celias before they all started searching for her
Eventually Celia called police around 12,30 am and Leonor saw GNR by the church and reported it. They told her to report it tomorrow ( quick of the mark these police ! ) So they carried on searching (which any good parent would do) with no help from police, while John looked after the babies.
 So phoning earlier would it seem, have been a waste of time
Next morning Leonor and John officially reported it at the Office
Then searched and contacted more family etc, etc while relative made up leaflets to distribute
    Before you ask, Yes they did buy cakes about 2-3am because they probably hadn't eaten and what else can you buy at that hour to eat .
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on December 11, 2013, 11:21:52 PM
So all the circumstantial and other evidence in this case is all false?


joanna was abducted?

As for cakes wasnt it stated somewhere leonor sent joana out for hot cakes at some ungodly hour all the time.....Hello? yes? No?
Right or wrong? Never mind about that......
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on December 12, 2013, 10:12:21 AM
So all the circumstantial and other evidence in this case is all false?


joanna was abducted?

As for cakes wasnt it stated somewhere leonor sent joana out for hot cakes at some ungodly hour all the time.....Hello? yes? No?
Right or wrong? Never mind about that......

What substantial evidence to convict for murder are you referring too, RB ?
I don't know whether the child was abducted, sold or murdered, or by whom.
Do you know something I don't ?
Does sending a child for cakes,(which I must have missed) make you a murderer ?
The child was well looked after and very fond of her mum according to witnesses, but even if that was not the case, it is not evidence for murder, or do you think it is ?
I would be grateful, if you could direct me to the items I have missed
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on December 12, 2013, 10:03:34 PM
What substantial evidence to convict for murder are you referring too, RB ? I never referred to any substantial evidence, I just find it hard to believe anyone is convicted in no evidence at all....there is the circumstantial that the police out together, some of the so called circumstangial could be deemed physical evidence the child returned home, ie the food purchased, all her shoes owned being there, and there is the matter of the two confessions and also the matter of the third in a letter she wrote, that one was not regarding murder but agreeing to selling her child which is different

I don't know whether the child was abducted, sold or murdered, or by whom.
Do you know something I don't ? No
 
Does sending a child for cakes,(which I must have missed) make you a murderer ? No, never even intimated this
The child was well looked after and very fond of her mum according to witnesses, but even if that was not the case, it is not evidence for murder, or do you think it is ? No again
I would be grateful, if you could direct me to the items I have missed My only reason for mentioning the stupid cakes is because of the last paragraph in your last post to me, saying "and before you ask abou the cakes", the cakes never crossed my mind and I wasnt going to say anything about them being bought or what time, but seeing as you brought it up I mentioned anecdotal evidence, sic Cristovaos book on the case,  that Leonor had a habit of sending Joana out at 3-4am to buy hot cakes!

Reply in green.....
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on December 12, 2013, 10:21:06 PM
I'm not sure I'd count on Cristovão's book as being particularly accurate. It's not mentioned at all in the baker's statement.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on December 12, 2013, 10:31:14 PM
So all the circumstantial and other evidence in this case is all false?


joanna was abducted?

As for cakes wasnt it stated somewhere leonor sent joana out for hot cakes at some ungodly hour all the time.....Hello? yes? No?
Right or wrong? Never mind about that......

I am sorry if I have offended you in some way RB This is where you mentioned the cakes
The rest can be looked up
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on December 12, 2013, 10:34:48 PM
I'm not sure I'd count on Cristovão's book as being particularly accurate. It's not mentioned at all in the baker's statement.

Im not saying its true or not..its anecdotal, it might be, and not everything gets into police statements all the time

http://joana-morais.blogspot.com/2008/04/smears-against-gonalo-amaral-portuguese.html

Scroll down to:
The Star of Joana - A Estrela de Joana
A summary of the Paulo Pereira Cristóvão's book done by Astro

Joana adored her mother, in spite of all the abuse she suffers at her mother's hands. Leonor often sends Joana at 3 or 4 a.m. to walk to a nearby cake factory, because Leonor likes to eat warm cakes.

Thats all
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on December 12, 2013, 10:37:18 PM
I am sorry if I have offended you in some way RB This is where you mentioned the cakes
The rest can be looked up

You didnt offend me, I was just thrown by you saying to me," before you mention the cakes", I never mentioned anything like that.....doesnt matter, its not important
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on December 12, 2013, 10:47:18 PM
Im not saying its true or not..its anecdotal, it might be, and not everything gets into police statements all the time

Fair enough, but the prosecution was highlighting every possible negative aspect, and that doesn't appear anywhere as far as I can see. Reading through the (untranslated) statements, I can't find anything to suggest that Leonor mistreated her. She ran the odd errand, helped around the house and helped look after the two younger ones, but also had friends and played. All of the witnesses who were asked said that they'd had never seen Leonor smacking her, nor heard rumours to that effect. In Leandro's (press) interview, he said he'd never even see her shout at her.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on December 12, 2013, 11:25:41 PM
Fair enough, but the prosecution was highlighting every possible negative aspect, and that doesn't appear anywhere as far as I can see. Reading through the (untranslated) statements, I can't find anything to suggest that Leonor mistreated her. She ran the odd errand, helped around the house and helped look after the two younger ones, but also had friends and played. All of the witnesses who were asked said that they'd had never seen Leonor smacking her, nor heard rumours to that effect. In Leandro's (press) interview, he said he'd never even see her shout at her.

As 2006 appeal
16- That the defendant John has time to have a beer with the Leandro and Carlos, in "Pastries ... ", to delay the return of them to home;



Do you know of any witnesses who saw Joana's purchases in the house ?,
or anyone who saw her going in her house?
 and did anyone who lived in the house state that all her shoes were there ?
I can't seem to find this anywhere !

It's a shame really, that the only sites who have translated to English are .....What's the word ???
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Eleanor on December 13, 2013, 02:58:06 AM

Is this the Cristovao who has recently been indicted on five criminal charges?  The one who was sacked from The PJ for stealing 80 Euros?
The Cristovao who made up the story of Kate and six dead bodies.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on December 13, 2013, 09:58:11 PM
Fair enough, but the prosecution was highlighting every possible negative aspect, and that doesn't appear anywhere as far as I can see. Reading through the (untranslated) statements, I can't find anything to suggest that Leonor mistreated her. She ran the odd errand, helped around the house and helped look after the two younger ones, but also had friends and played. All of the witnesses who were asked said that they'd had never seen Leonor smacking her, nor heard rumours to that effect. In Leandro's (press) interview, he said he'd never even see her shout at her.

Thats what prosecution teams do......and defence teams respond likewise.....i dont think the issue is really that she was a badly mistreated kid.....
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Eleanor on December 13, 2013, 10:08:07 PM
Thats what prosecution teams do......and defence teams respond likewise.....i dont think the issue is really that she was a badly mistreated kid.....

Since the Incest claims were unproven, one might wonder why Leonor suddenly took to beating the child to death.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on December 13, 2013, 10:12:50 PM
Since the Incest claims were unproven, one might wonder why Leonor suddenly took to beating the child to death.
Well if you are going to bring it up, unproven doesnt mean untrue.....not that I have any opinion on the allegations...but there might be motive there.....IF true
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Eleanor on December 13, 2013, 10:17:32 PM
Well if you are going to bring it up, unproven doesnt mean untrue.....not that I have any opinion on the allegations...but there might be motive there.....IF true

The Court didn't agree with you.  So where is the motive?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: sadie on December 13, 2013, 11:30:43 PM
Why should Kate McCann refute the allegation?  She isn't beholden to answer to you.

The allegation is in his book.  It is he who needs to prove it.  But since it has gone absolutely no where then I think we can discard it, don't you?

He hasn't been indicted on five Criminal Charges because he is a nice and honest man.
I endorse Eleanors statement.  Tbh, I thought that Cristavao had been indicted on seven Criminal Charges ... and they are pretty nasty ones IIRC.  But I will accept five, because I totally trust Eleanor.

Not the sort of man you would chose as a pal.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Eleanor on December 13, 2013, 11:37:43 PM
I endorse Eleanors statement.  Tbh, I thought that Cristavao had been indicted on seven Criminal Charges ... and they are pretty nasty ones IIRC.  But I will accept five, because I totally trust Eleanor.

Not the sort of man you would chose as a pal.

Actually, Sadie, you could be right.  It could be seven charges.  I was just being conservative.  And no one is going to accuse me of lying if I under estimate.

And Yes, they are all nasty charges.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on December 21, 2013, 11:42:36 PM
Actually, Sadie, you could be right.  It could be seven charges.  I was just being conservative.  And no one is going to accuse me of lying if I under estimate.

And Yes, they are all nasty charges.

The Public Prosecutor formally accused, on 14 December, the ex-vice-president of Sporting, Paulo Pereira Cristovao, seven crimes, among which circumvents qualified, money laundering, embezzlement, complainant qualified slandering devassa through computerised and illegitimate access qualified.

http://www.cmjornal.xl.pt/detalhe/noticias/sport/sporting/paulo-pereira-cristovao-acusado
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: sadie on December 23, 2013, 12:15:38 AM
The Public Prosecutor formally accused, on 14 December, the ex-vice-president of Sporting, Paulo Pereira Cristovao, seven crimes, among which circumvents qualified, money laundering, embezzlement, complainant qualified slandering devassa through computerised and illegitimate access qualified.

http://www.cmjornal.xl.pt/detalhe/noticias/sport/sporting/paulo-pereira-cristovao-acusado
Nice bloke, eh , anna !


And he helped Amaral co-ordinate this case, I believe.

He is also a story teller with two or three books about missing children.

Tbh, I dont believe a word he says, but some on here tend to hang onto every word said by him and Amaral.  Amaral, another PJ Officer, but convicted this time of Perjury, so we can safely refer to him as a liar, where as with Christavao he has not been convicted of anything.  Seems omminous tho with seven counts against him.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on December 27, 2013, 07:47:43 PM
John posted a few articles here:

http://miscarriageofjustice.co/index.php?topic=3031.0

Interesting to note how the media tone changes as of 21 Sept, when the boys from Faro took over...
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on December 27, 2013, 08:02:53 PM
Soooo... Still no body, no motive, no weapons, no probative forensic evidence, no cctv, a "voluntary reconstruction", a few negative points in the few translated testimonies, many (non-translated) comments mainly stating that Leonor had never been known to have even shouted at her.

That's it... to get convicted for life?

What happened to Joana and where is she, dead or potentially alive?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: John on December 27, 2013, 08:25:22 PM
Soooo... Still no body, no motive, no weapons, no probative forensic evidence, no cctv, a "voluntary reconstruction", a few negative points in the few translated testimonies, many (non-translated) comments mainly stating that Leonor had never been known to have even shouted at her.

That's it... to get convicted for life?

What happened to Joana and where is she, dead or potentially alive?

Not quite irrespective of the wishful thinking.  No body but plenty of false trails offered by her uncle João as to where her remains were discarded, not exactly the actions of an innocent man.  Then there are the missing tools testified to by the murdered girl's stepfather and the presence of all her footwear in the family home.  Finally, not forgetting the evidence of a neighbour who saw Joanna on her return journey carrying her shopping and last but not least we have the confession of the mother on her first appearance before the investigating magistrate.  All together a sorry mess and most certainly not the actions of a loving mother whose daughter had simply disappeared.

All we need now to conclude this sorry tale is to know what exactly did the murderous twosome do with Joana's remains?  Was she fed to the pigs, buried somewhere or sent in the boot of a car to a breakers yard in Spain to be crushed?

Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on December 27, 2013, 08:37:12 PM
Soooo... Still no body, no motive, no weapons, no probative forensic evidence, no cctv, a "voluntary reconstruction", a few negative points in the few translated testimonies, many (non-translated) comments mainly stating that Leonor had never been known to have even shouted at her.

That's it... to get convicted for life?

What happened to Joana and where is she, dead or potentially alive?



I read Johns articles .he's doing a good job there ! I already have the translated ones saved with many other news articles however.
I think it is highly unlikely that Joana is alive and I am sure she must have been apprehended on the backroad home.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: John on December 27, 2013, 08:41:32 PM
I haven't had a chance to get back into the newspaper articles Anna but I will do so over the next few days.  I want to make everything available in English so that readers can see for themselves the build up to the trial and the trial evidence itself.

I believe it is about time the myths in this case were dispelled for once and for all regardless of the language barrier.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: sadie on December 27, 2013, 10:48:53 PM

I read Johns articles .he's doing a good job there ! I already have the translated ones saved with many other news articles however.
I think it is highly unlikely that Joana is alive and I am sure she must have been apprehended on the backroad home.
I agree that Joana was likely abducted on the way home.

I dont think I agree with you over the likely route home, but I am open minded of course.

I prefer the route up the curved steps of the church as described by a smoking witness sitting IIRC outside his home (?on his balcony?).  This is the route that John describes.  The only likely abduction place there would be if she chose to take the northern path around the church, by the school.  There are only public looking buildings there with no houses at the NW corner of the church plaza.   She would be totally out of sight to anyone and there is also plenty of out-of-general sight parking there.


However, there is a possible variation to that path that nobody seems to have noticed.  Just 3 or 4 houses east of Joanas house there is a metal ladder which appears permanent leaning up against the road way wall.  This wall appears to be in excess of 6ft tall.  Everything is hilly in the area, and there is a gap between the houses at that point.  The gap links the upper road to the lower road. 

Did the locals use that gap as a shortcut?  Did Joana come down that incline between the houses to be grabbed by someone?

Street lighting at either end ... but the upstands are wide concrete and the lamps themselves are on the wrong side of the upstands to throw light on that cut thru.  They light the roads but not the cut thru.  There are no house windows that I can see closely overlooking either the short cut itself or the area at the bottom. 

There is parking at the bottom in a recessed car park.


Had Joana used this cut thru, or even intended to use it, then your route back, anna, would have been shorter and comes into the picture again, imo.  Likewise this cut thru is a slight short cut for the church route.



So we have three possible abduction places
1)  On the route across waste land that anna pointed out earlier
2)  Between the church and the ?school
3)  On this short cut just about 3 - 4 houses along from Joanas home
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: John on December 27, 2013, 11:30:06 PM
The village was seething on that particular day due to the fair activities.  Not an environment that any potential abductor would relish.  Too many eyes staring!
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on December 28, 2013, 10:43:17 AM
The village was seething on that particular day due to the fair activities.  Not an environment that any potential abductor would relish.  Too many eyes staring!


Would the fair have attracted people from beyond the village, or not? Village fêtes that I know would. The festivities weren't at the home end of the village, were they? Little MariLuz was abducted and killed in a village without anyone noticing. And it was just "luck" that someone at the swimming pool saw little Ylenia with a man after she'd gone to collect her shampoo that she'd forgotten.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on December 28, 2013, 10:53:49 AM
Not quite irrespective of the wishful thinking.  No body but plenty of false trails offered by her uncle João as to where her remains were discarded, not exactly the actions of an innocent man.  Then there are the missing tools testified to by the murdered girl's stepfather and the presence of all her footwear in the family home.  Finally, not forgetting the evidence of a neighbour who saw Joanna on her return journey carrying her shopping and last but not least we have the confession of the mother on her first appearance before the investigating magistrate.  All together a sorry mess and most certainly not the actions of a loving mother whose daughter had simply disappeared.

All we need now to conclude this sorry tale is to know what exactly did the murderous twosome do with Joana's remains?  Was she fed to the pigs, buried somewhere or sent in the boot of a car to a breakers yard in Spain to be crushed?

- João could either be one of those manipulative nutters who crave power, or could have been beaten and threatened with worse and gave a false confession. He had a dodgy background and doesn't seem to have been particularly popular.

If he had made a false confession, the next question was obviously what had he done with the body. If he really didn't know, but was being threatened, I find it plausible that he invented new possibilities to keep beatings, or worse, at bay.

- The missing tools: one was a knife with a black handle. Leandro said they didn't have any large knives with black handles. The saw: Leandro did say that he had a similar one at some time, but couldn't find it, when asked. In his press interview, he said he didn't know where João could have got it from, unless he'd stolen it from a neighbour. That comment gave me the impression that it wasn't an object that he would have used sufficiently frequently to notice that it was missing, let alone when.

- The presence of all her footwear: there's nothing to corroborate that other than one witness statement by someone who didn't even live there.

- Yes, there's a witness statement that she was seen on her way home with her shopping.

- Yes, it would seem that Leonor had made a confession to an accidental death after several days of interrogation... but under what conditions?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on December 28, 2013, 11:29:14 AM
I haven't had a chance to get back into the newspaper articles Anna but I will do so over the next few days.  I want to make everything available in English so that readers can see for themselves the build up to the trial and the trial evidence itself.

I believe it is about time the myths in this case were dispelled for once and for all regardless of the language barrier.

Thanks, John, for the articles that you've posted so far. I find it interesting that the slant changed as of 21 Sept 04 when the Faro boys moved in. 
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on December 28, 2013, 11:56:51 AM
I haven't had a chance to get back into the newspaper articles Anna but I will do so over the next few days.  I want to make everything available in English so that readers can see for themselves the build up to the trial and the trial evidence itself.

I believe it is about time the myths in this case were dispelled for once and for all regardless of the language barrier.

- How would tabloid articles prior to the trial dispel myths in a country in which judicial secrecy is supposedly enforced until the trial?

- Perhaps your Portuguese contacts could translate the rest of the witness statements?

-
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on December 28, 2013, 12:47:07 PM
Not quite irrespective of the wishful thinking.  No body but plenty of false trails offered by her uncle João as to where her remains were discarded, not exactly the actions of an innocent man.  Then there are the missing tools testified to by the murdered girl's stepfather and the presence of all her footwear in the family home.  Finally, not forgetting the evidence of a neighbour who saw Joanna on her return journey carrying her shopping and last but not least we have the confession of the mother on her first appearance before the investigating magistrate.  All together a sorry mess and most certainly not the actions of a loving mother whose daughter had simply disappeared.

All we need now to conclude this sorry tale is to know what exactly did the murderous twosome do with Joana's remains?  Was she fed to the pigs, buried somewhere or sent in the boot of a car to a breakers yard in Spain to be crushed?

I don't quite understand the purpose of this forum. You state that you were a victim of a miscarriage of justice, yet you don't seem to be open to the idea that this case may have also been a miscarriage of justice.

Why not?

I'm well aware that people sometimes say that their child has been kidnapped to hide a death due to abuse or whatever. However, in the case of Joana Cipriano, I can't find anything that would substantiate that.

If your Portuguese contacts are willing to translate, perhaps you could ask them to translate the witness statements retained by the Supreme Court before pre-trial media speculation?

Just a thought.

Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on December 28, 2013, 06:07:36 PM
I don't quite understand the purpose of this forum. You state that you were a victim of a miscarriage of justice, yet you don't seem to be open to the idea that this case may have also been a miscarriage of justice.

Why not?

I'm well aware that people sometimes say that their child has been kidnapped to hide a death due to abuse or whatever. However, in the case of Joana Cipriano, I can't find anything that would substantiate that.

If your Portuguese contacts are willing to translate, perhaps you could ask them to translate the witness statements retained by the Supreme Court before pre-trial media speculation?

Just a thought.

Arent you forgetting them agreeing to sell their daughter? And then passing it off as an abduction? Do you consider every single confession of Leonor and her brothers as bogus? Is there any statement by them that refutes ALL confessions?

Do you honestly believe someone would be sent to jail for life on NO evidence? Well, its not life for Leonor she will be out soon
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on December 28, 2013, 10:20:50 PM
Miscarriages of justice happen in every country. Hopefully, more modern police and prosecution procedures have reduced them, or are in the process of trying to.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on December 28, 2013, 10:25:39 PM
Miscarriages of justice happen in every country. Hopefully, more modern police and prosecution procedures have reduced them, or are in the process of trying to.

They do
But you didnt answer the previous post
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on December 28, 2013, 10:39:07 PM
They do
But you didnt answer the previous post


I'm aware that stories have changed over time. How much of that may be due to beating or psychological games? How much may be due to lawyers' advice? I don't know.

For a long time, I just assumed that they were guilty of the gruesome tale. It was only when I started to examine the so-called evidence that I began to wonder what on earth the evidence actually was.

And that's where I'm at. What evidence is there?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on December 28, 2013, 10:51:55 PM
According to Leandro's press interview, João apparently thought that Leonor had sold her and that Leandro's family pocketed the money; Leandro wouldn't have put it past João to have sold her, but also thought that supermarket lady or someone else may have taken her; Leonor seemingly thought the same (but also thought that a stranger may have taken her).

If they all think that someone else had sold her... then it doesn't seem as if any of them actually believe in the fridge/freezer "reconstruction".
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: sadie on December 28, 2013, 11:43:21 PM
Arent you forgetting them agreeing to sell their daughter? And then passing it off as an abduction? Do you consider every single confession of Leonor and her brothers as bogus? Is there any statement by them that refutes ALL confessions?

Do you honestly believe someone would be sent to jail for life on NO evidence? Well, its not life for Leonor she will be out soon

Red
Read Caranas very wise words and digest.

The real evidence is non existent.    The case should NOT have happened and would NOT have happened in any true Democracy.  It was a farce.


I do not like the sound of important people being involved, and wonder if an extremely lucrative  racket is going on?
 
I fear for Leonors safety when she is released eventually ... and will personally be keeping a watchful eye open for her.  I hope others will too.

Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on December 29, 2013, 04:53:04 PM

I'm aware that stories have changed over time. How much of that may be due to beating or psychological games? How much may be due to lawyers' advice? I don't know.

For a long time, I just assumed that they were guilty of the gruesome tale. It was only when I started to examine the so-called evidence that I began to wonder what on earth the evidence actually was.

And that's where I'm at. What evidence is there?

Beatings? Psyche games? Lawyers' advice? To produce a different version time after time? How many different confessions does anyone, suspects or police need? If Joana was abducted none of them would have tried to pin the blame on each other! IMO

Something rotten in the state of Denmark here as they say....

Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on December 29, 2013, 06:35:20 PM
Beatings? Psyche games? Lawyers' advice? To produce a different version time after time? How many different confessions does anyone, suspects or police need? If Joana was abducted none of them would have tried to pin the blame on each other! IMO

Something rotten in the state of Denmark here as they say....

That might depend on what you'd been through during interrogations. If the "interviews" * had been recorded on video, I might be less sceptical.

* Not just "interviews", but the entire process from when they were taken in to when they were taken out.

IFFFF CCTV had been part of PJ questioning procedures, it would have presumably been relatively easy to prove who was lying.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on December 29, 2013, 06:44:17 PM
That might depend on what you'd been through during interrogations. If the "interviews" * had been recorded on video, I might be less sceptical.

* Not just "interviews", but the entire process from when they were taken in to when they were taken out.

IFFFF CCTV had been part of PJ questioning procedures, it would have presumably been relatively easy to prove who was lying.

Sorry but youre still ignoring the issue if multiple and different content confessions
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on December 29, 2013, 07:09:02 PM
Sorry but youre still ignoring the issue if multiple and different content confessions

I'm not ignoring them. What isn't clear to me is the circumstances in which they were obtained.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Redblossom on December 29, 2013, 07:16:52 PM
I'm not ignoring them. What isn't clear to me is the circumstances in which they were obtained.
circumstances?

why would any circumstance change a confession time and time again....is there a specific type that was wanted? It makes no sense to me...leonor made a confession to the judge in sept 04....she then alledgedly made another one under duress n october and then two years later made another...was that the last one? Her brother made at least two different nes didnt he?

this is not normal
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: sadie on December 29, 2013, 11:48:12 PM
circumstances?

why would any circumstance change a confession time and time again....is there a specific type that was wanted? It makes no sense to me...leonor made a confession to the judge in sept 04....she then alledgedly made another one under duress n october and then two years later made another...was that the last one? Her brother made at least two different nes didnt he?

this is not normal
Nothing about this case is normal Red. 

Did you ever come across another case where severe torture was used?

Did you ever come across a case where the lead detectives, both, either have a criminal conviction for lying or are about to go thru the Courts on allegedly seven really nasty charges?

Did you ever come across a case where there are NO forensics and NO REAL evidence ?

Did you ever come across a case where the only so-called witness Leandro was allegedly badly roughed up by the lead detective in order seemingly to "persuade" him to give evidence, which  he at the earliest opportunity later rescinded?

Did you ever come across a case where the defendants were publicly derided with salacious propaganda that amounts, it seems, to lies.  Was this salacious propaganda released by the PJ? 

What happened about the so-called secrecy Laws in PT ?


Nothing about this case is normal. 
Even the defending lawyer Joao Grade turned out to be a mate of Amaral.  At his 50th birthday party FGS.  Grade instructed Leonor and Joao to keep their mouths shut in Court.  Wonder why?

I also wonder why he wasn't charged for apparantly taking drugs into a prison he was visiting?  that makes me feel uncomfortable. tbh ... especially as we are told that Amaral was the main drugs Ch Inspector.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on January 26, 2014, 12:34:27 AM
a
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: sadie on January 26, 2014, 12:54:46 PM
Can you please show a link or direction of these confessions made by Leonor, because the only one I know of was a statement made by them both on the advice of Leonors lawyer to shorten the sentence, but it was thrown out of court, because Joao denied writing it. Joao did confess to murder (confession by film of him demonstrating how he disposed of the body) I would greatly appreciate direction to the confessions by Leonor that you know of .
anna

Torture was used on Leonor.  was it also used on Joao but it has been kept hidden?

Nothing to do with this case can be trusted because of

1)  the torture.  So called evidence gained from torture is NOT evidence
2)  the fact that the lead detectives both are dicey, it seems.  Amaral having been convicted of perjury (lying) by the courts.  Cristavao allegedly due to be up in  Court on seven really nasty changes.  Of course, he is innocent until proven guilty, but also allegedly he was in trouble with the PJ previously and relieved of his position.  Please correct me if I am wrong on this.
3)  Disinformation put about, deriding Leonor and Joao, which was effectively propaganda designed to denigrade them before the case
4)  One of the judges was vehemently against the court ruling
5)  The defending Lawyer was a mate of Amarals
6)  The defending Lawyer seemingly was not charged with carrying drugs. 
Perhaps Grade was charged?  But surely he would have been struck off had he been found guilty.
7)   Cristavao made big money writing a book about this case.  Both detectives made mega money writing a book about the Madeleine case too.

Plus several other things.


If Joao is a drug addict, even without any real torture, he would be likely to respond in any way asked ... with the provision of drugs ... only my thoughts, I hasten to add
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on January 26, 2014, 01:00:48 PM
anna

Torture was used on Leonor.  was it also used on Joao but it has been kept hidden?

Nothing to do with this case can be trusted because of

1)  the torture.  So called evidence gained from torture is NOT evidence
2)  the fact that the lead detectives both are dicey, it seems.  Amaral having been convicted of perjury (lying) by the courts.  Cristavao allegedly due to be up in  Court on seven really nasty changes.  Of course, he is innocent until proven guilty, but also allegedly he was in trouble with the PJ previously and relieved of his position.  Please correct me if I am wrong on this.
3)  Disinformation put about, deriding Leonor and Joao, which was effectively propaganda designed to denigrade them before the case
4)  One of the judges was vehemently against the court ruling
5)  The defending Lawyer was a mate of Amarals
6)  The defending Lawyer seemingly was not charged with carrying drugs. 
Perhaps Grade was charged?  But surely he would have been struck off had he been found guilty.
7)   Cristavao made big money writing a book about this case.  Both detectives made mega money writing a book about the Madeleine case too.

Plus several other things.


If Joao is a drug addict, even without any real torture, he would be likely to respond in any way asked ... with the provision of drugs ... only my thoughts, I hasten to add

Yes I believe Joao was the one to weaken under torture IMO too, but any confession was taken as coming from both as they were silent at the trial
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on January 26, 2014, 04:32:58 PM
I've yet to see what concrete evidence this case was based on...
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: John on January 26, 2014, 10:03:35 PM
î
I've yet to see what concrete evidence this case was based on...

Do you know many innocent people who admit to beating their daughter to death?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: sadie on January 27, 2014, 09:28:57 AM
Do you know many innocent people who admit to beating their daughter to death?

John,

1.  Do you know any people who were tortured as Leonor (? and Joao ?) were, for was it two days before breaking?

You maintain that Leonor had already confessed, so why was it necessary to torture her?  In fact, why torture anyone?  Torture is NOT ON in a Democracy.  It is the stuff of horror movies and third World Fascist or Communist States.    

So called evidence from a Tortured person IS NOT EVIDENCE at all.  It is the language of fear.

I repeat,
If Leonor had already confessed, why torture her?  I dont believe that she had previously confessed.  My feeling is that that is a fabrication .... but I cant be sure ... and IMO of course


2.  Do you know many ordinary people (as against gangsters) who are advised by their Lawyer not to speak in Court?  Not to defend themselves?

Advised not to defend themselves?   By a lawyer who is not only a friend of Amaral, it seems, but (see below).  Is that a Legal Conflict of Interests?
 

3.   Do you know many Lawyers who, it seems, were not tried for the offence of carrying drugs when entering a prison ?  But then went on to represent their client, (Leonor), against the very man, Amaral ...  who as the Chief Inspector in charge of drug related matters, chose not to prosecute that Lawyer?  Or so it seems.

That is a Legal Conflict of Interests, is it not ?
 

4.  Do you know many ordinary people who are charged with what seems to be a trumped up offence.  Not only a trumped up offence ... but also the person charged, a vocal straight talking woman, was tried behind closed doors.  No public allowed to attend? 

Is that an Injustice?  

Why?  What were they hiding?  What were they frightened of ?  .... There has to be a reason
 
 
 

John, I dont think that you are doing yourself Justice in asking the question
"Do you know many innocent people who admit to beating their daughter to death?"
 
It shows that you haven't thought through the events, the extreme torture and the implications therein ... and sometimes you seem to be blindly supporting Amaral against all the pointers ... and all the odds.
 
Only my opinion, of course  8**8:/:
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on January 27, 2014, 12:02:31 PM
Do you know many innocent people who admit to beating their daughter to death?

There are obviously cases in which parents have admitted to killing their child. However, in this instance the credibility of the conditions under which these "confessions" took place and the lack of any corroborating evidence seems to be seriously undermined, IMO.

 
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on January 27, 2014, 12:09:13 PM
Some interesting background reading on false confessions.
http://en.wikipedia.org/wiki/False_confession

An extract:


False confessions can be categorized into three general types, as outlined by Saul M. Kassin in an article for Current Directions in Psychological Science:[2]

    Voluntary false confessions are those that are given freely, without police prompting. Sometimes they may be sacrificial, to divert attention from the actual person who committed the crime. For instance, a parent might confess to save their child from jail. In some cases, people have falsely confessed to having committed notorious crimes simply for the attention that they receive from such a confession. Approximately 60 people are reported to have confessed to the 1947 murder of Elizabeth Short, known as the "Black Dahlia."[3]

    Compliant false confessions are given to escape a stressful situation, avoid punishment, or gain a promised or implied reward. Interrogation techniques such as the Reid technique try to suggest to the suspect that he will experience a feeling of moral appeasement if he chooses to confess. Material rewards like coffee or the cessation of the interrogation are also used to the same effect. People may also confess to a crime they did not commit as a form of plea bargaining to avoid a harsher sentence. People who are easily coerced score high on the Gudjonsson suggestibility scale.

    Internalized false confessions are those in which the person genuinely believes that they have committed the crime, as a result of highly suggestive interrogation techniques.

According to the Innocence Project, approximately 25% of convicted criminals ultimately exonerated had, in fact, confessed to the crime.[4] In Canada, courts of law have recognized as valid confessions that were acquired, even though the interrogators lied by suggesting they had substantial evidence against a given suspect when in fact they did not, something known as the "bluff" technique.[5] The high pressure generated may push innocent individuals to produce a confession.[6]



A 2010 study from CUNY's John Jay College of Criminal Justice used laboratory experiments that test how the bluff technique correlates with confessions gained from innocent parties. Subjects were instructed to complete a task on a computer, then were falsely accused of a transgression such as crashing the computer or collaborating with a colleague to improve their task performance.[7] Bluff evidence, false evidence, and unreliable witnesses were used to test their effect. In the first test, 60% of the subjects confessed to the experimenter to pressing a computer key they had been instructed to avoid when, in fact, they had not; an additional 10% admitted to pressing the key to a study observer. A second group that tested subject reactions to charges of cheating produced nearly identical percentages of false confessions. The authors note, "innocent people who stand accused believe that their innocence will become apparent to others ... which leads them to waive their Miranda right to silence and to an attorney."[7]

False confessions greatly undermine the due process rights of the individual who has confessed. As Justice Brennan noted in his dissent in Colorado v. Connelly,[8] "Our distrust for reliance on confessions is due, in part, to their decisive impact upon the adversarial process. Triers of fact accord confessions such heavy weight in their determinations that 'the introduction of a confession makes the other aspects of a trial in court superfluous, and the real trial, for all practical purposes, occurs when the confession is obtained.' No other class of evidence is so profoundly prejudicial. 'Thus the decision to confess before trial amounts in effect to a waiver of the right to require the state at trial to meet its heavy burden of proof.'"





Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on January 27, 2014, 12:15:13 PM
And this is without being beaten up during interrogation:

Reid technique
From Wikipedia, the free encyclopedia

The Reid technique is a method of questioning subjects to try to assess their credibility and to extract confessions of guilt. Supporters argue the Reid technique is useful in extracting information from otherwise unwilling suspects, while critics have charged the technique can elicit false confessions from innocent persons, especially children. Indeed, Reid's breakthrough case resulted in an overturned conviction decades later.[1]

The term "Reid Technique" is a registered trademark of the firm John E. Reid and Associates, which offers training courses in the method they have devised. The technique is widely used by law-enforcement agencies in North America. However it has been widely discredited as it has a long history of eliciting false confessions.[2]

Contents

    1 Process
        1.1 Nine steps of interrogation
    2 Criticism
    3 Notes
    4 External links

Process

In the Reid technique, interrogation is an accusatory process in which the investigator tells the suspect that there is no doubt as to his or her guilt. The interrogation is in the form of a monologue presented by the investigator rather than a question and answer format. The demeanor of the investigator during the course of an interrogation is ideally understanding, patient, and non-demeaning. His or her goal is to make the suspect progressively more and more comfortable with acknowledging the presumed truth about what he or she is alleged to have done. This is accomplished by the investigators' first imagining and then offering the subject various psychological constructs as justification for their behavior.

For example, an admission of guilt might be prompted by the question, "Did you plan this out or did it just happen on the spur of the moment?" This technique uses a loaded question that contains the unspoken, implicit assumption of guilt. The idea is that the person under interrogation must catch the hidden assumption and contest it to avoid the trap. Critics regard this strategy as hazardous, arguing that it is subject to confirmation bias (likely to reinforce inaccurate beliefs or assumptions) and may lead to prematurely narrowing an investigation.
Nine steps of interrogation

The Reid technique's nine steps of interrogation are:[3]

    Step 1 - Direct confrontation. Lead the suspect to understand that the evidence has led the police to the individual as a suspect. Offer the person an early opportunity to explain why the offense took place.

    Step 2 - Try to shift the blame away from the suspect to some other person or set of circumstances that prompted the suspect to commit the crime. That is, develop themes containing reasons that will justify or excuse the crime. Themes may be developed or changed to find one to which the accused is most responsive.

    Step 3 - Try to discourage the suspect from denying his or her guilt. Reid training video: "If you’ve let him talk and say the words ‘I didn’t do it’[...]the more difficult it is to get a confession."[citation needed]

    Step 4 - At this point, the accused will often give a reason why he or she did not or could not commit the crime. Try to use this to move towards the confession.

    Step 5 - Reinforce sincerity to ensure that the suspect is receptive.

    Step 6 - The suspect will become quieter and listen. Move the theme discussion towards offering alternatives. If the suspect cries at this point, infer guilt.

    Step 7 - Pose the “alternative question”, giving two choices for what happened; one more socially acceptable than the other. The suspect is expected to choose the easier option but whichever alternative the suspect chooses, guilt is admitted. There is always a third option which is to maintain that they did not commit the crime.

    Step 8 - Lead the suspect to repeat the admission of guilt in front of witnesses and develop corroborating information to establish the validity of the confession.

    Step 9 - Document the suspect's admission or confession and have him or her prepare a recorded statement (audio, video or written).

Criticism

Critics of the technique claim it too easily produces false confessions,[4] especially with children.[5][6] The use of the Reid technique on youth is prohibited in several European countries because of the incidence of false confessions and wrongful convictions that result.[7]

In Canada, a Provincial Court judge ruled in 2012 that "stripped to its bare essentials, the Reid Technique is a guilt-presumptive, confrontational, psychologically manipulative procedure whose purpose is to extract a confession."[8] John E. Reid and Associates maintains that "it’s not the technique that causes false or coerced confessions but police detectives who apply improper interrogation procedures."[8]

It was discovered in December 2013 that an unredacted copy of the Federal Bureau of Investigation interrogation manual had been impermissibly placed in the Library of Congress and was available for public view. The manual confirmed American Civil Liberties Union concerns that the agency used the Reid technique.[9]

http://en.wikipedia.org/wiki/Reid_technique
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on January 27, 2014, 12:28:07 PM
Fantastic research by you both...............As is expected now  8@??)(
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Angelo222 on January 27, 2014, 12:36:35 PM
And this is without being beaten up during interrogation:


Leonor Cipriano wasn't beaten up before she confessed before the examining magistrate.   Have you not yet learned this?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on January 27, 2014, 01:07:52 PM
Leonor Cipriano wasn't beaten up before she confessed before the examining magistrate.   Have you not yet learned this?

She told Leandro that she had been, although when asked, he said that he hadn't noticed any bruising on her face or arms. He said that he and others had also been beaten whenever they were interrogated by the Faro PJ. João also said he was regularly beaten. On the balance of probabilities, I don't see why she would have been spared.

Even if she hadn't, there are lots of other ways to exert some form of coercion, including bluffing about evidence, or that the other person being interrogated (João) had insisted she'd done it.

If it's true that they both had a below average IQ, it wouldn't be difficult to manipulate confessions out of them.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Angelo222 on January 27, 2014, 01:30:09 PM
She told Leandro that she had been, although when asked, he said that he hadn't noticed any bruising on her face or arms. He said that he and others had also been beaten whenever they were interrogated by the Faro PJ. João also said he was regularly beaten. On the balance of probabilities, I don't see why she would have been spared.

Even if she hadn't, there are lots of other ways to exert some form of coercion, including bluffing about evidence, or that the other person being interrogated (João) had insisted she'd done it.

If it's true that they both had a below average IQ, it wouldn't be difficult to manipulate confessions out of them.

A bit of wishful thinking on your behalf Carana.  Lets keep to the facts eh?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on January 27, 2014, 01:33:06 PM
Sadie,

There may have been a valid reason for the lawyers to advise them not to testify in court, but it was a two-edged sword. The lawyers knew that unless they repeated their confessions in court, they were inadmissible. A disadvantage was that, by the same token, they couldn't actually clarify anything either.

What they hadn't counted on was a legal loophole which meant that João's "reconstruction" could be presented to the court (and was), despite the fact that his confession couldn't.

The lawyers' seem to have assumed that without the "confessions" or the "reconstruction", the case would have been thrown out as there was nothing else of any significance.

After all the build-up due to "leaks" and the ensuing media frenzy, finding them not guilty after being shown this "reconstruction" might well have been psychologically near impossible.



Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on January 27, 2014, 01:39:04 PM
A bit of wishful thinking on your behalf Carana.  Lets keep to the facts eh?

I have done. Leandro stated in court that Leonor had said that she'd only confessed because she'd been beaten. The beatings that Leandro and others said that they'd been subjected to were in his press interview two years after the events.

A lot of neutral-to-positive witness statements at the trial weren't translated, and there were a lot more of those than the negative ones.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on January 27, 2014, 01:59:26 PM
A question for John and Angelo (and anyone else)...

What makes you convinced that these were safe convictions?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on January 27, 2014, 04:09:42 PM
Please excuse any translation faults or advise and I will change

29 sep 2004 CM wed

The mother of joana, Leonor Cipriano, will have already been assisted twice District Hospital of Faro (HDF), provided that, on Saturday, it was decreed to preventive detention, second found the CM from hospital sources.

The woman, accused of killing her own daughter and is now awaiting trial in Prison of Odemira, presented complaints of stomach pains. The clinical director of HDF and the Prison Services only confirm, however, a trip to the hospital.
According to hospital sources, Leonor Maria Domingos Cipriano, 33 years of age, was conducted to the HDF in monday 27th and again yesterday. The woman would submit complaints of "strong pain in the belly" and have been subject to medical examinations to determine the reason of sorrows. On the day of yesterday, Leonor Cipriano have remained under observation at least up to the middle of the afternoon.
For its part, the clinical director of HDF, Larguito Clear, confirms the movement of Leonor Cipriano to hospital on Monday 27th sep, but belies her comeback in day yesterday. According to this responsibility, the mother of joana was assisted on Monday night: "She gave entry by 20h25 and left shortly after".
As part of the Prison Service, the information transmitted to the CM was similar to the clinical director of HDF, i.e. the mother of joana was only conducted at the hospital on Monday, after having said that she felt bad. After being assisted, the woman returned to the prison of Odemira, where she is to be accompanied by a doctor.
Leonor Cipriano is under detention since last Saturday, by determination of the judge of the criminal Court of instruction Portimao Ana Soares.
The woman is awaiting trial in Prison of Odemira - the only female prison existing in the South of the Country -, under special security measures, being avoided in particular the contact with the other female inmates. The care taken by Prison Services result from the fact that in prisons who practice crimes against children are accustomed be poorly received by other inmates.
UNCLE CHOOSES THE MUTE
The uncle of joana, John Cyprian, will have passed to adopt a cautious stance and nothing cooperative with the authorities provided that, at the time of reconstitution of crime (on Saturday), if his countenance fell to confess their participation in assaults on the child.
Due to these declarations, the man returned to be arrested, having appeared then in the reconstitution of murder (the house where they will be given the crime) its proponent officious, Sara Rosado. After a conversation with the lawyer Joao Cipriano has opted for silence.
The CM has succeeded yesterday contact the advocate of the alleged co-author of the murder of the young girl, which however also mentioned the secret of Justice not to make any statements. The same argument outside, incidentally, used the day before by John sheffield Pacheco, defender officiously of mother of joana.

http://www.cmjornal.xl.pt/detalhe/noticias/nacional/atualidade/mae-de-joana-recebe-assistencia-no-hospital-de-faro
 
She accused the police of kicking and beating her then and it was brushed under the carpet. It sounds to me like she had an early miscarriage but just my opinion

Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on January 27, 2014, 05:34:20 PM
Thanks for that, Anna. I hadn't read that before. That was quite some time before the October beatings.

It's not clear what the outcome of that hospital visit was.

I'll just post the PT original as well in case there are any lost-in-translation issues.

Sentiu-se mal na cadeia
MÃE DE JOANA RECEBE ASSISTÊNCIA NO HOSPITAL DE FARO

A mãe de Joana, Leonor Cipriano, já terá sido assistida duas vezes no Hospital Distrital de Faro (HDF), desde que, no passado sábado, lhe foi decretada a prisão preventiva, segundo apurou o CM junto de fontes hospitalares.

    29 de Setembro 2004, 00h00
    Nº de votos (0)
    Comentários (19)

Por:José Carlos Eusébio / Madalena Bentes / Ana Palma

 

A mulher, acusada de matar a própria filha e que aguarda julgamento no Estabelecimento Prisional de Odemira, apresentava queixas de dores de barriga. O director clínico do HDF e os Serviços Prisionais só confirmam, no entanto, uma ida ao hospital.
De acordo com fontes hospitalares, Leonor Maria Domingos Cipriano, de 33 anos de idade, foi conduzida ao HDF na segunda-feira e voltou ontem. A mulher apresentaria queixas de “fortes dores na barriga” e terá sido sujeita a exames médicos destinados a determinar o motivo das dores. No dia de ontem, Leonor Cipriano terá permanecido em observação pelo menos até meio da tarde.
Por seu turno, o director clínico do HDF, Larguito Claro, confirma a deslocação de Leonor Cipriano ao hospital na segunda-feira, mas desmente o seu regresso no dia de ontem. Segundo este responsável, a mãe de Joana foi assistida na noite de segunda-feira: “Ela deu entrada pelas 20h25 e saiu pouco depois”.
Por parte dos Serviços Prisionais, a informação transmitida ao CM foi semelhante à do director clínico do HDF, ou seja, a mãe de Joana apenas foi conduzida ao hospital na segunda-feira, depois de ter dito que se sentia mal. Após ser assistida, a mulher regressou à Cadeia de Odemira, onde está a ser acompanha por um médico.
Leonor Cipriano encontra-se em regime de prisão preventiva desde o passado sábado, por determinação da juíza de instrução criminal do Tribunal de Portimão Ana Soares.
A mulher está a aguardar julgamento no Estabelecimento Prisional de Odemira – a única cadeia feminina existente no Sul do País –, sob medidas especiais de segurança, sendo evitado nomeadamente o contacto com as restantes reclusas. Os cuidados tomados pelos Serviços Prisionais resultam do facto de nas prisões quem pratica crimes contra crianças costumar ser mal recebido pelos outros reclusos.
TIO OPTA PELO SILÊNCIO
O tio de Joana, João Cipriano, terá passado a adoptar uma atitude reservada e nada colaborante com as autoridades desde que, na altura da reconstituição do crime (no sábado), se descaiu a confessar a sua participação nas agressões à criança.
Devido a essas declarações, o homem voltou a ser detido, tendo comparecido então no local da reconstituição do homicídio (a casa onde se terá dado o crime) a sua defensora oficiosa, Sara Rosado. Depois de uma conversa com a advogada João Cipriano terá optado pelo silêncio.
O CM conseguiu ontem contactar a advogada do presumível co-autor do homicídio da menina, a qual no entanto evocou o segredo de Justiça para não fazer quaisquer declarações. O mesmo argumento fora, aliás, usado no dia anterior por João de Novais Pacheco, defensor oficioso da mãe de Joana.


Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on January 27, 2014, 05:37:38 PM
If she was released soon after from the hospital, I doubt that it would have been a miscarriage. Bad menstruation pains? Being thumped in the stomach?

What was the result from the hospital? The article doesn't seem to say...
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on January 27, 2014, 06:23:33 PM
Please excuse any fault in translation

Here you go Carana

30 sep 2004 CM


The mother of joana accused, monday,(27th) inspectors of the Judicial Police (PJ) have coerced physically to oblige her to confess the crime. The version, forged by women to be surprised the bleeding by one of the elements of the Regional Section for Combating Banditry (SRCB) that he wondered, has led to this entry about 20h25 District Hospital of Faro (HDF).
That unit of health hemorrhages and abdominal pain caused by "alleged internal injuries" resulting from the said police assault of which he said have been victim, were unveiled by medical examinations:the blood stains found in the chair where you will sit on this afternoon, were simply traces of menstrual flow.
A detail that escaped in time to inspector of PJ that he questioned, but was immediately seized by the woman. It took a few seconds for Leonor conjure up the plan that allowed her to be conducted to the HDF and escape for a few hours the pressure of interrogation to which has been subjected daily since her arrest. Subject to medical examinations the woman would eventually be extended to the Directory of the PJ, which pursues investigation in several directions to locate the body of small Joana.
The CM has found that, when confronted by the inspector as to the origin of blood stains left in the chair, Leonor Cipriano began by simulating a malaise and abdominal pains, allegedly resulting from internal injuries that would have been caused by physical duress that outside victim on the part of researchers to do talk. "They Beat me and gave me clogs in the belly to oblige me to speak," cried Leonor Cipriano Carnevale the body ahead of the astounded inspector.
When Confronted With the facts and without arguments, the investigator then asked which leads to suspicion to HDF, where the medical exams that was submitted revealed the lie and a truth: Leonor Cipriano was in "difficult days" and does not prevent for this eventuality before being transported from the Prison of Odemira, where she  is under preventive detention, for PJ of Faro. A route done daily by held since that collected the prison, on day 23, by decision of the investigating judge of the criminal Court of Portimao.
Main suspect in the murder of her daughter, practiced on 12 September, Leonor Cipriano continues to be interrogated by the inspectors of the SRCB of PJ of Faro that, despite intensive searches carried out in Figueira and other points of the region, they could not locate the corpse of the smallest. Although confess the crime, both the wife and the brother, John Cyprian, has hidden the place where deposited the body, in an attempt to escape a conviction.
NELSON ENSURES BEING INNOCENT
Nelson Cyprian, the uncle of joana who had been accused by her brother Joao to have provided  his car to transport the body of the young girl, says he has already been informed that the forensic examinations performed to vehicle by PJ prove that "had no involvement in the case, as had always said".
The car, a Seat Ibiza, white in color, was taken by the inspectors responsible for the case Joana last Sunday, so as to be subject to rigorous examination. The PJ will have guaranteed to Nelson that the car would be returned yesterday, but the CM found that until the beginning of the night that had not yet happened.
In agreement with Nelson Cipriano, the results will demonstrate that he is completely innocent in relation to this case, hoping in this way that "the people should no longer speak evil in my back".  This brother of two suspects of the death of joana confesses that he lived "days very complicated", due to suspected launched against him by Joao Cipriano.
Nelson reveals, on the other hand, that "still can't believe that they have killed the girl", because "the body continues not to appear".
In spite of not knowing what has happened, the brother of suspects tilts more to the possibility of her niece "have been sold", outdo that Leonor (the mother of joanan) and John (the uncle) "never had much money and maybe have succumbed to the temptation ... "
said The family stresses that only he knew about the disappearance of Joana three days after what happened, when I was in the cafe and saw the news about his niece in the Morning. At the time, Nelson, who claims to have been in a state of shock, addressed the house of her sister, in the village of Figueira, which told him that "Joana would have been kidnapped".

http://www.cmjornal.xl.pt/detalhe/noticias/nacional/portugal/leonor-alegou-ter-sido-agredida-pela-pj
The brother mentioned above was around on the searches ,,,Correct me if I'm wrong

Don't forget that what was fed to the press was not always accurate and why would she try and get out of anything when it was several days earlier that she went to prison on suspicion of murder.
 These pains lasted a long time for menstrual pains IMO ! At the end of the day what I'm saying is that she did try to complain of her treatment ,from the start.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: sadie on January 27, 2014, 10:45:00 PM
I just have to take my hat off to you guys.  Both Carana and Anna.

How you find the relevant documents, I do not know. I guess you can at least speak some of the lingo ?

Whilst Leonor has friends (strangers who care about injustices) like you, she has friends indeed
 8@??)(   8@??)(   8@??)(
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on January 28, 2014, 01:27:17 PM
Thanks Anna.

I think there's a translation problem with the date as the original doesn't say 24 September. The Monday referred to would have been Monday 27 according my calendar. The head of the hospital confirmed that she was there on that day, but denies that she'd also been there two days previously.

Whether she was beaten prior to appearing before the judge or not (which I wouldn't exclude), there are still all kinds of interrogation techniques that can lead to false confessions...



Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on January 28, 2014, 02:23:03 PM
Thanks Carana . I will change that date
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on February 09, 2014, 07:05:55 PM
I have done. Leandro stated in court that Leonor had said that she'd only confessed because she'd been beaten. The beatings that Leandro and others said that they'd been subjected to were in his press interview two years after the events.

A lot of neutral-to-positive witness statements at the trial weren't translated, and there were a lot more of those than the negative ones.

I don't think there was any positive statements put forward/used at the original court hearing but there were at the request for appeal in 2009
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on February 10, 2014, 10:51:33 AM
I think there were, Anna. I could be wrong, but my understanding is that the Supreme Court reproduced the original testimonies. The media only seem to have reported the negative ones.

A total of 45 witnesses, mostly relatives and villagers, testified in court over a trial period of just three days.
http://miscarriageofjustice.co/index.php?topic=2977.0

Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on February 10, 2014, 11:49:57 AM
I think there were, Anna. I could be wrong, but my understanding is that the Supreme Court reproduced the original testimonies. The media only seem to have reported the negative ones.

A total of 45 witnesses, mostly relatives and villagers, testified in court over a trial period of just three days.
http://miscarriageofjustice.co/index.php?topic=2977.0

 the 45 witness are in the 2006 appeal and I thought that some of the statements of Leandro's family (at least) were different (remember the shoes and house washing floors details)
  The request for appeal 2009 had much better statements. Could that be the fact that the previous threats were no longer actively involved ?
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on February 10, 2014, 12:15:19 PM
the 45 witness are in the 2006 appeal and I thought that some of the statements of Leandro's family (at least) were different (remember the shoes and house washing floors details)
  The request for appeal 2009 had much better statements. Could that be the fact that the previous threats were no longer actively involved ?

(I'm sure that I had an earlier appeal than the Supreme Court ruling... but I can't find it anywhere.)

By Supreme Court, I'm going off this (2006):

   
06P363   
Nº Convencional:   JSTJ000
Relator:   RODRIGUES DA COSTA
Descritores:   HOMICÍDIO
OCULTAÇÃO DE CADÁVER
PROFANAÇÃO DE CADÁVER
JÚRI
DOCUMENTAÇÃO DA PROVA
VÍCIOS
FUNDAMENTAÇÃO
RECONSTITUIÇÃO NATURAL
DOLO EVENTUAL
MEDIDA DA PENA
   
Nº do Documento:   SJ200604200003635
Data do Acordão:   20/04/2006
Votação:   MAIORIA COM 1 DEC VOT E 1 VOT VENC
Texto Integral:   S
Privacidade:   1
   
Meio Processual:   REVISTA.
Decisão:   CONCEDIDA PARCIALMENTE A REVISTA.

The neutral-to-postive witness statements that I was referring to are in that 2006 ruling. *

The 2009 case was the torture trial, I believe.

http://iscte.pt/~apad/ACED_juristas/maddietrab_ficheiros/Acordao%20Leonor%20Cipriano%20contra%20Goncalo%20e%20outros.%2022Maio2009.pdf

* Eta: http://www.dgsi.pt/jstj.nsf/954f0ce6ad9dd8b980256b5f003fa814/bfaf1cea93ab75fb8025716200388d89?OpenDocument&Highlight=0,cipriano
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on February 10, 2014, 12:35:55 PM
(I'm sure that I had an earlier appeal than the Supreme Court ruling... but I can't find it anywhere.)

By Supreme Court, I'm going off this (2006):

   
06P363   
Nº Convencional:   JSTJ000
Relator:   RODRIGUES DA COSTA
Descritores:   HOMICÍDIO
OCULTAÇÃO DE CADÁVER
PROFANAÇÃO DE CADÁVER
JÚRI
DOCUMENTAÇÃO DA PROVA
VÍCIOS
FUNDAMENTAÇÃO
RECONSTITUIÇÃO NATURAL
DOLO EVENTUAL
MEDIDA DA PENA
   
Nº do Documento:   SJ200604200003635
Data do Acordão:   20/04/2006
Votação:   MAIORIA COM 1 DEC VOT E 1 VOT VENC
Texto Integral:   S
Privacidade:   1
   
Meio Processual:   REVISTA.
Decisão:   CONCEDIDA PARCIALMENTE A REVISTA.

The neutral-to-postive witness statements that I was referring to are in that 2006 ruling.

The 2009 case was the torture trial, I believe.

http://iscte.pt/~apad/ACED_juristas/maddietrab_ficheiros/Acordao%20Leonor%20Cipriano%20contra%20Goncalo%20e%20outros.%2022Maio2009.pdf

Yes I have the 2006 appeal  underlined and it was the first after the original trial http://www.dgsi.pt/jstj.nsf/954f0ce6ad9dd8b980256b5f003fa814/bfaf1cea93ab75fb8025716200388d89?OpenDocument&Highlight=0,cipriano

However there was a request for review in 2009 which was denied because of correia's mishandling of the statements, meant for confession. When this lawyer arrived at the 2009 trial to defend Leonor, he was sent away again, because of his breach of the courts rules in the request for appeal (this is where the so called confessions are coming from) They were inadmissible, because the request was denied/thrown out
 When I can get to my computer used for storage I will post the Process 
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on February 10, 2014, 01:03:28 PM
Do you have any memory of an earlier appeal (i.e. prior to the 2006 Supreme Court one)? From what I remember, it was rejected... I must have found it after I'd read the SC one as I remember being confused because the initials used to designate various witnesses / protagonists weren't the same, e.g. CC wasn't Joana, but either Leonor or João. It was clearly the same case, though.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on February 10, 2014, 02:03:04 PM
Do you have any memory of an earlier appeal (i.e. prior to the 2006 Supreme Court one)? From what I remember, it was rejected... I must have found it after I'd read the SC one as I remember being confused because the initials used to designate various witnesses / protagonists weren't the same, e.g. CC wasn't Joana, but either Leonor or João. It was clearly the same case, though.

Sorry no I don't, but I will have a look. You did have a mix up with the names given to witnesses, but I thought that was from the mccannfiles, or else you found the 2009 appeal request. I will post it soon

In the mean time some interesting reading

http://translate.google.com/translate?sl=pt&tl=en&js=n&prev=_t&hl=en&ie=UTF-8&u=http%3A%2F%2Fpontedosor.blogspot.co.uk%2F2005%2F03%2Fonde-est-joana-cipriano_29.html

 

Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on February 10, 2014, 05:31:42 PM
Sorry no I don't, but I will have a look. You did have a mix up with the names given to witnesses, but I thought that was from the mccannfiles, or else you found the 2009 appeal request. I will post it soon

In the mean time some interesting reading

http://translate.google.com/translate?sl=pt&tl=en&js=n&prev=_t&hl=en&ie=UTF-8&u=http%3A%2F%2Fpontedosor.blogspot.co.uk%2F2005%2F03%2Fonde-est-joana-cipriano_29.html

Thanks. I'll read that.

I've based comments on the witness statements on the 2006 Supreme Court ruling (as the original trial isn't online), as far as I can remember. I DID have a question about MM, and that seems to be a mistake by whoever chose those initials to replace real names, as they were two people designated by the same initials. That is not at all related to the appeal case which I can no longer find.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Anna on February 10, 2014, 05:44:10 PM
Thanks. I'll read that.

I've based comments on the witness statements on the 2006 Supreme Court ruling (as the original trial isn't online), as far as I can remember. I DID have a question about MM, and that seems to be a mistake by whoever chose those initials to replace real names, as they were two people designated by the same initials. That is not at all related to the appeal case which I can no longer find.

I am still searching the Courts but can find no earlier appeal than 2006, but will continue trying
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: John on February 10, 2014, 06:46:04 PM
I am still searching the Courts but can find no earlier appeal than 2006, but will continue trying

There wasn't any other appeal.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on February 11, 2014, 11:10:52 AM
There wasn't any other appeal.

Deleted. What I thought that I'd just found again doesn't seem to be accurate.
Title: Re: The trial of Leonor and João Cipriano for the murder of Joana.
Post by: Carana on February 11, 2014, 12:12:30 PM
Anna had found the name of Santos Carvalho as the person who may have been the judge who didn't agree with the verict. However, he didn't find her to be totally innocent of all charges, but innocent of "qualified homicide". He does state that the only element of "proof" that the child had died was João's reconstruction.

An examination of the Supreme Court ruling found that this was perfectly legal and valid as there was no proof of coercion. Well, there wouldn't be if police interrogations (including in prison) aren't recorded...


(http://i.imgur.com/sQZzFiG.jpg?1)

Leonor Cipriano seeks help from the media just days after Joana disappeared.

IF JOAN DID IT - DOUBTS AFTER SEVEN YEARS OF JUSTICE

Versus poor girl rich girl: where he is a counterpoint to the Maddie case, or as the Court may have two weights and two measures diverge itself to the characterization of the sentence which condemned Leonor Cipriano to sixteen years in prison for the death of her daughter Joana a secluded village on the outskirts of Portimão in September 2004 ... A case continues to drag on in the courts and that this month will be due to the new chapter called 'collateral' effects and strangely the 'media' still neglecting ... maybe by little media attention of the stakeholders in the case of a girl played by existential doom, who was born and died a poor agricultural environment, away from the limelight of large cities and policy makers and economic circles.
 "A psychopath who delights in playing with the police and the courts', was this way that PJ traced the psychological profile of Leonor Cipriano.  The progress of the plot is known: although the corpse of the child was never found, Leonor and her brother were sentenced to penalties pesdas the murder of Joanna, an accusation essentially based on the discovery of human blood in a freezer at home as a result of Leonor dismemberment of the corpse of the girl, had been discovered in home purchases that her daughter off to the grocery store, the shoes she wore.  And, of course, on his own confession to the elements of PJ who investigated the case and came to answer in court under the terrible accusation of having forced Leonor to provide a confession under torture, which ended up being mostly acquitted: were they Paulo Pereira Cristovao, known for capturing the gang CREL and ATM II and current vice president of the Sporting area for Heritage; Leonel Marques, researcher of terrorism cases of the FP25 and the Revolutionary Brigades, Paulo Marques Bom, the "case Passerelle "; Nunes Cardoso, combating banditry in Lisbon, sentenced to two years and three months imprisonment with suspended sentence for the crime of document forgery, and Gonçalo Amaral, the former coordinator of the Criminal Investigation Department of the PJ of Portimão which investigated the Maddie case (see article on this 'blog') and the disappearance of Joana, sentenced to one year and six months in prison for making false allegations, suspended on probation.
 Remarkable that, seven years after the crime, the case Joana continue to drag on in the courts, although due to so-called side effects: Leonor Cipriano's lawyer, Marcos Aragão Correia, starts to be tried next February 9th for allegedly defaming Gonçalo Amaral.  The hearings will be held at 2. º Criminal Judgment of the Court of Faro and Gonçalo Amaral seeks compensation of three thousand euros Marcos Aragão Correia and also accused António Pedro Dores, president of the Association Against Exclusion for Development (ACED).  At issue is a document of April 8, 2008, entitled "Report on Torture Leonor Cipriano perpetrated by the Judicial Police", which Aragão Correia prepared for ACED and which was broadcast by association.
 All obvious, like say the detective Poirot.  But he does have small details that do not fit certain parts and overshadowing this case.  Justice itself began to have doubts, as can be seen by the wording of the declaration of vote of two judges of the Supreme Court, Dr. Santos and Dr. Carvalho Costa Mortágua, who enjoyed the action brought by Leonor lawyer whose look was defeated by the remaining judges who heard the case.
 The voting signed by Dr. Judge.  Santos Carvalho, we had access, you can read the following:
 'In the project presented, the defendant argued that Leonor Cipriano was to be acquitted of the crime of murder, but convicted of the crime of desecration of a corpse and concealing, while the defendant João Cipriano was to be convicted of two offenses, one offense of integrity severe physical, aggravated by the outcome (death) and qualified for revealing reprehensibility special agent, another desecration and concealment of the corpse.  I understand that in this case with gravity, where there is no direct and circumstantial evidence alone, even with regard to the actual death of the victim, the court must be limited to procedural truth, ie, that the results of legality and the objective value of evidence, as the pursuit of any other "truth" can lead to serious and irreparable miscarriage of justice.
 "A simple reading of the sentence shows that the only evidence which allowed estabalecer the events that led to the death of Joan is the replenishments of the facts during the investigation conducted with the cooperation of the defendant João Cipriano, but without the presence of the defendant Leonor Cipriano.  There were no eyewitnesses, the accused reverted to the silence of the trial, his statements in the investigation could not be evaluated by the Court and has not been possible to directly test the corpse.
 "As the court found that the jury was beaten by the lowest two defendants?  And how did you bumped his head on the corner of the wall?  And that was visible was bleeding from the mouth, nose and temple, the mercy of collisions on the wall?  And that such clashes and fall caused the death of the child?  And that the two defendants made sure (!) The death of a minor?  And then we butchered the corpse and put him in plastic bags in a freezer drawers?
 'The answer to these questions was obtained solely by reconstructions of the defendant João Cipriano, as other evidence indicated the sentence let say that there was a death, but not how it happened and who caused it (...)
 'The valuation of reconstructions without corroboration as to the defendant Leonor, as it happened, is illegal and unconstitutional and should have led to his acquittal for murder.  Have not so much the crime of desecration of a corpse and hiding because he could not have been executed by the defendant João Cipriano without the active cooperation of the defendant, with him present at the place and time of the crime.
 'The court jury determined that the defendant acted with João Cipriano intent to kill, even if the title eventual intention.  However, the reconstructions results to smack and not produced any useful evidence.  If it had been proved a powerful motivation that consisted of pronunciation, it might be possible to conclude that there was intent to kill, even by way of deception possible.  But not the motivation of the crime could be established.
 "Even after cutting the corpse and its concealment tell us nothing about the intention to kill this defendant, nor the participation of the defendant Leonor bodily harm in the lower, as they are known cases in which the agent did likewise despite the death was not caused intentionally, provided they install the panic and fear of police harassment.  And do not conjecture that the child may have died as a result of these cuts, because the prosecution established that the lowest ever was dead and then such facts can not be changed in this Supreme Court.
 'In short, it is clear from reading the sentence that the court jury decided the points indicated, against the defendants, and thus violated the presumption of innocence which requires the court to issue a condemnation only when it persists doubt reasonable.  And the conviction founded on mere conjecture or possibly perverse and asocial character of the accused is also illegal and unconstitutional '.
 The judges of the Court of Appeal that failed to avenge his thesis among their peers, hit a key and worrying aspect: it Leonor may have been the target of a wrong judgment 'the cause' of their social status.  Contrary to what happened to the McCanns, Joana's mother did not have at its disposal financial resources to pay for expensive lawyers, much less access to powerful 'lobbies' political powers along instituted to drop the case ruled that the heavy form.  It was enough to take a keen advocate of this thesis TR judge to take the case to the European Court of Human Rights and the results there could be others.

Link (http://www.google.com/translate?hl=en&ie=UTF8&sl=auto&tl=en&u=http%3A%2F%2Fcrimedigoeu.wordpress.com%2F2012%2F02%2F02%2Fcaso-joana-as-duvidas-da-justica-sete-anos-depois%2F)

Original (http://crimedigoeu.wordpress.com/2012/02/02/caso-joana-as-duvidas-da-justica-sete-anos-depois/)