Author Topic: The trial of Leonor and João Cipriano for the murder of Joana.  (Read 75150 times)

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Offline Carana

Re: The trial of Leonor and João Cipriano for the murder of Joana.
« Reply #195 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.

Offline Carana

Re: The trial of Leonor and João Cipriano for the murder of Joana.
« Reply #196 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?

Offline Anna

Re: The trial of Leonor and João Cipriano for the murder of Joana.
« Reply #197 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

« Last Edit: January 28, 2014, 02:29:22 PM by Anna »
“You should not honour men more than truth.”
― Plato

Offline Carana

Re: The trial of Leonor and João Cipriano for the murder of Joana.
« Reply #198 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.



Offline Carana

Re: The trial of Leonor and João Cipriano for the murder of Joana.
« Reply #199 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...

Offline Anna

Re: The trial of Leonor and João Cipriano for the murder of Joana.
« Reply #200 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.
« Last Edit: January 28, 2014, 02:24:16 PM by Anna »
“You should not honour men more than truth.”
― Plato

Offline sadie

Re: The trial of Leonor and João Cipriano for the murder of Joana.
« Reply #201 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@??)(

Offline Carana

Re: The trial of Leonor and João Cipriano for the murder of Joana.
« Reply #202 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...




Offline Anna

Re: The trial of Leonor and João Cipriano for the murder of Joana.
« Reply #203 on: January 28, 2014, 02:23:03 PM »
Thanks Carana . I will change that date
“You should not honour men more than truth.”
― Plato

Offline Anna

Re: The trial of Leonor and João Cipriano for the murder of Joana.
« Reply #204 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
“You should not honour men more than truth.”
― Plato

Offline Carana

Re: The trial of Leonor and João Cipriano for the murder of Joana.
« Reply #205 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


Offline Anna

Re: The trial of Leonor and João Cipriano for the murder of Joana.
« Reply #206 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 ?
“You should not honour men more than truth.”
― Plato

Offline Carana

Re: The trial of Leonor and João Cipriano for the murder of Joana.
« Reply #207 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
« Last Edit: February 10, 2014, 12:53:16 PM by Carana »

Offline Anna

Re: The trial of Leonor and João Cipriano for the murder of Joana.
« Reply #208 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 
“You should not honour men more than truth.”
― Plato

Offline Carana

Re: The trial of Leonor and João Cipriano for the murder of Joana.
« Reply #209 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.