Acquittal for father

Who shook little Rafael to death?

The defendant in the Vienna Regional Court on the first day of the trial.

(Bild: Jöchl Martin/Martin Jöchl, Krone KREATIV)

The three-month-old boy died in hospital from shaking trauma - that much is certain. But who did this to little Rafael remains a mystery. Because the jury at the Vienna Regional Court did not legally acquit the accused father of murdering his son.

It is a predetermination of nature "that makes babies particularly lovable for us", explains forensic scientist Nikolaus Klupp in the Vienna Provincial Court. They have a particularly large head in contrast to their small body, which they cannot yet hold themselves. If they are shaken, it ends fatally ...

Shaken violently twice
As in the case of little Rafael. He was only three months old when, according to the public prosecutor's office, his father grabbed him and shook him violently for several seconds. And did the same thing again a week later. Three days later, the infant died in Vienna General Hospital. According to the expert, everything pointed to a so-called "shaken baby syndrome". Klupp and a neuropathologist confirmed this once again on the second day of the trial.

There is no other explanation for me than that it is a case of "shaken baby syndrome".

Der Neuropathologe im Wiener Landesgericht kann jedoch den genauen Zeitpunkt nicht mehr festmachen.

But the accused 30-year-old, defended by Astrid Wagner, continues to deny having anything to do with the death of his son: "I am innocent!" The little boy had been ill from birth. He had a genetic defect. At a birthday party shortly before, he had been passed around a lot, so something must have happened. There is no other explanation for his sudden death.

Shaking trauma established: acquittal nonetheless
However, forensic pathologist Klupp makes it clear: Rafael had no pre-existing conditions. He was a healthy baby. And rough handling of the baby, even a fall from a height of one and a half meters, cannot cause such an injury. Only at the hands of another person. 

Lawyer Astrid Wagner obtains an acquittal for her client.

(Bild: ZWEFO)

But the majority of the jury did not believe that it was the father's hand. The exact time of the shaking can no longer be determined. The lay judges are acquitted - both of the charge of attempted murder a week before little Rafael's death and of the murder on February 3 - and do not have to justify their decision. The decision is not yet legally binding. The public prosecutor makes no statement.

The 30-year-old bursts into tears shortly after the verdict is announced and addresses the jury: "Thank you for believing me." He is released after the acquittal and can now see his two-year-old daughter again. What ultimately happened to Rafael, however, remains an open question after the trial ...

Mother was at birthday party with daughter
Shortly after the little boy's death, a murder investigation was also conducted against the mother. However, she was able to prove that she had spent most of the day at a birthday party with their two-year-old daughter. It was only when she returned home that something was wrong with her son. The proceedings against her were dropped in the spring.