No big money

Leon case: acquittal for dad and now what?

Tears after the acquittal at Innsbruck Regional Court.

(Bild: Christian Forcher/Fotoworxx/Christian Forcher, Krone KREATIV)

Leon's dad is innocent, the jury decided. The evidence did not prove to the lay judges that the 40-year-old had drowned his six-year-old son - witnesses, expert opinions and the like were in part inconclusive. The 17 months lost by the father of the family are worth a maximum of 26,150 euros in Austria - and he can't even hope for that ...

The relief was written all over Leon's dad's face on Thursday at Innsbruck Regional Court when it was announced that he was "not guilty" of the murder of his six-year-old son, who drowned in the Kitzbüheler Ache river at the end of August 2022. The case was tried for three days, dozens of witnesses were heard and several experts were consulted.

The father of the family was able to return to his wife and young daughter after the verdict - after exactly 523 days that the 40-year-old spent in custody. Blameless. However, he cannot hope for much compensation.

Lawyer: "There is a clear need for action"
Although it can be assumed that his defense will submit an application to the State Financial Procurator's Office, he will not be awarded a large sum of money. 20 to 50 euros per day of imprisonment - that means a maximum of 26,150 euros for Leon's dad. He can also get 10 to 20 percent of the legal fees back. There is a clear need for action, criticizes Viennese lawyer Christian Werner: "The entire costs should be reimbursed."

But even that would only be a small consolation for the lost 17 months ...

As a rule, the upper limit of 50 euros is not used as compensation for imprisonment. A day in prison is worth as much as a lunch.

Wiener Strafverteidiger Christian Werner sieht akuten Handlungsbedarf.

Bild: Klemens Groh

International comparison: Austria far behind
In Austria, acquittees are generally awarded around 20 euros per day of imprisonment by the Procurator Fiscal's Office. This figure used to be around 100 euros, recalls Viennese lawyer Christian Werner.

However, with a maximum of 50 euros per day, we are well behind our neighboring countries: In Germany, people have been receiving 75 euros for each day of imprisonment since 2020; this is to be increased further. In Switzerland, you can expect to receive 100 to 300 francs (106 to 318 euros) a day for guiltless pre-trial detention.

Leader France pays 250 euros per day
Other European countries also pay considerably more: in Scandinavia, you get 250 euros for the first day of detention, 615 euros for the second and between 80 and 100 euros for each subsequent day. Spain has a different system. It reimburses 50 euros per day for six months and 250 euros for 18 months or more. France pays the most per day - 250 euros. The USA is an extreme case: typically 50,000 US dollars (45,600 euros) per prison year; around 126 euros per day.

The prosecution's key points: a bottle, a pedometer, the 40-year-old's Google search and a possible motive.

The bottle as the murder weapon
Shards of a Frizzante bottle were found at the crime scene. It is believed to have been the murder weapon in a robbery against the 40-year-old - the laceration on the back of the man's head would have been consistent with this, according to a medical report. However, videos show that it was already in Leon's baby carriage before the crime. How she got there could not be completely clarified during the trial either. A DNA report did not provide complete information either.

Incomplete pedometer?
Another piece of evidence that prosecutor Joachim Wüstner relied on was the father's iPhone, which recorded his steps on the night of the crime. However, a crucial 13 meters, which the alleged robber would have had to have covered with the looted cell phone to a dustbin, were missing. The cell phone was found there. However, an IT forensic expert said on the last day of the trial: the "Apple Health" app is inaccurate when it comes to counting steps and can also malfunction. Other activities on the cell phone are also not meaningful - a lot happens in the background.

Crime scene in the Leon case at the Kitzbühel Ark.

(Bild: ZOOM.TIROL)

Google search: "fainting"
 The 40-year-old's search history was also scrutinized in the cell phone analysis. Around four weeks before Leon's death, he googled "fainting". However, the father of the family can conclusively explain this with a fire jellyfish experience during Jesolo's vacation. Witnesses also confirmed this at the trial.

Rejection of kindergarten as a motive for murder?
Completely overwhelmed with the severely impaired Leon - the motive that the public prosecutor presented to the jury for the accused murder of the six-year-old. Shortly beforehand, the parents found out that they had been refused a place at a kindergarten. And looking after the boy was not easy in other respects either; a lot had to be sacrificed. But not only Leon's dad, but also his mother spoke of an improvement in his symptoms, a lot of support from the family and constant hope. "I never had a thousand percent doubt about my husband's innocence," said the woman in the witness box.

Following this verdict, the incident remains unsolved. The main task of the public prosecutor's office is to clarify such cases. Following the unanimous decision of the jury, we have not succeeded in doing so. We have to take note of that.

Sprecher der StA Innsbruck Hansjörg Mayr

And in the end, the jury probably didn't either. In less than two hours of deliberation, it was clear to the lay judges: they believed Leon's father and acquitted him unanimously. Just one day later, the prosecution announced: "The public prosecutor's office will not contest this verdict. It is clear and error-free. The jury trial was conducted properly and flawlessly. There is no reason to shake the verdict." The acquittal is therefore final.