The Trial, International Media, and The Law

There was substantial international press coverage of the Court Proceedings in Meilen, Switzerland. Links to a number of the articles are provided under Press Coverage.

“Do you really believe that someone looks like this after self-defence?” asked the Judge, as a photograph of Alex with the candle rammed down his throat was placed in front of the Defendant.

«Glauben Sie wirklich, dass nach Notwehr jemand so aussieht?» fragte der Präsident, als auf dem Bild der Tote mit einer Kerze im Rachen zu sehen war. 

Court proceedings

The accused B.V. was tried in the District Court in Meilen, Switzerland. The hearing began on Monday, 27th March 2017. The trial finished around 7pm on 30th March 2017. There was substantial international media coverage.

Exactly two years and three months had passed since the brutal killing of Alex Morgan. Since his arrest, the killer had been in custody in Zurich jail awaiting trial.

Keeping the killer’s family name out of the press

It was correctly reported in the Zurich-based Tages Anzeiger and NZZ that prior to the trial the Defendant had made an application to the Court, asking that he remain anonymous because of his ‘celebrity’ status. The Court refused the application. In the eyes of the law, all are equal.

Subsequently, the accused privately engaged the services of a specialist media and communications lawyer. This was in addition to the two criminal lawyers who were already representing him.

When the Daily Mail broke the story in the UK in the early hours of 28th March 2017, it was immediately picked up by other English-language newspapers. On the morning of Wednesday 29th March 2017, there was palpable agitation in the Defendant’s legal camp.

One of the Defendant’s lawyers approached Alex Morgan’s mother and told her that the Defendant’s media lawyer had been ‘extremely busy these last 24 hours’. He had demanded that international press articles with names and photos be taken down.

That afternoon, a substantial number of new journalists turned up in Meilen. By the end of the week, the back of the Court was packed.

Loss of anonymity

The Swiss press picked up on the fact that the British newspapers were covering the trial in detail, with names of all concerned in black and white plus photos. A story within a story. The Tages Anzeiger stated “So ist plötzlich niemand mehr anonym” (Suddenly, no one is anonymous anymore.) This meant that anyone in German-speaking Switzerland, who wanted to know who the killer and victim were, now knew where to look.

By the following week, the story of Alex Morgan’s brutal killing had reached the rest of the world. It was covered by journalists in Mexico, Japan, Georgia, Hungary, USA, Indonesia and Greece, amongst others.

You will not find the killer’s name on this website.

During the trial

International and national Swiss newspapers ran numerous stories on the case. For articles on the Court Proceedings, as well as media coverage prior to the trial, see Press Coverage.

The Courthouse in Meilen, Switzerland, was reserved exclusively for the hearing. No other cases were heard during this time.

Proceedings in the main Court room, where the case was heard, were transmitted live onto tv screens in other rooms for the benefit of the public. Simultaneous interpreters translated every word into English for those who did not understand German.

Trial was by three judges. There was no jury.

All those taking part in the court proceedings, as well as the public, were obliged to give up their personal effects and phones. They were also searched. Security was not dissimilar to that at airports except for the fact that all belongings had to be left in a secure area at the entrance.

The Indictment and the Law

The homicide indictment was officially published on 13th March 2017. Before this date, the Press did not know what the charges were.

When the story broke, media coverage was extensive. This was because of the brutality of the killing and the extent of the injuries which were detailed in the Indictment.

Add to that, the Indictment had additional charges of rape and attempted homicide, a fact no one had anticipated.

The Indictment was complicated in that it covered various possibilities of criminal intent: homicide by negligence, homicide by recklessness, voluntary / intentional homicide.

Legal argument turned on the question of criminal responsibility and intent. Actio libera in causa was central to the case: had the defendant either intentionally created the conditions that produced the lack of voluntariness or had he failed to take the precautions necessary to prevent those conditions?

Main questions raised during the trial

That the Defendant B.V. killed Alex Morgan was not in question. In short, the main questions raised during the trial are listed here below. They have been simplified for ease of reading and understanding. For an exact definition, please refer to the Swiss Criminal Code Schweizerisches Strafgesetzbuch.

a) did the killer act in self-defence? And if so, did he use reasonable force?

b) was the killer aware of what he was doing during the killing and act intentionally or was he psychotic? Was his mental functioning at the time of the killing sufficient to allow for the argument of diminished responsibility? Or was the mental impairment something that did not make any great difference and only made it harder for him to control himself?

c) if he was psychotic and consequently mentally impaired, was he nonetheless criminally responsible for his actions because he took drugs and alcohol knowing that he risked becoming violent? That his past tendency to violence after drug taking meant that he should have abstained from taking drugs and alcohol? That he knew that in consuming drugs and alcohol he risked others’ safety?

d) finally, the killer could not have known that the mixture of drugs and alcohol he ingested would make him violent and consequently he lacked criminal intent either totally or partially.

No injuries yet argued self-defence

The Defendant B.V. pleaded not guilty, although he admitted killing Alex Morgan. His lawyers argued that he had acted in self-defence even though medical and forensic evidence showed him to have suffered no injuries whatsoever except for a tiny cut to his finger.

The Indictment detailed the large size and weight of the killer: 196cm (6ft 4in) tall and 88kg (194 lbs) heavy.

Alex Morgan was far smaller and lighter at only 179cm (5ft 8in) and 70kg (154 lbs.)

Additionally, B.V.’s lawyers argued that he had become psychotic due to the drugs and alcohol consumed. That their client had not realized what he was doing during the killing. In essence, a two-part defence: at first he had to fight for his life because he alleged that Alex had attacked him, and then later that he had become psychotic and didn’t know what he was doing.

Time to take a shower before phoning for help

The killer’s defence lawyers chose not to focus on the fact that their client tried to move Alex Morgan’s body across the carpet. Or that the killer placed a large piece of luggage on top of Alex Morgan’s lifeless body and moved other pieces of evidence around the room.

Neither did they have a compelling explanation as to why the killer took a shower after killing Alex Morgan before phoning the police for help.

During his time in custody at Zurich jail, the B.V. changed his story several times. At the trial, he refused to speak. He remained silent when questioned by the judges, his head bowed low.

Violence and drug addiction

The State Prosecutor explained that the killer had been violent in the past. In 2011, the Defendant had attacked his father, who had fled the family mansion in Küsnacht and sought refuge and help at a neighbour’s house.

A witness stated that the killer had paid thugs to beat him up.

The Indictment also listed rape and attempted homicide, two crimes that occurred in 2014 as well as serious traffic violations. The Prosecutor described how the killer B.V. had been placed in a psychiatric hospital in 2011 because of psychotic hallucinations and had undergone drug rehabilitation until 2012. However, despite a doctor’s warnings, the Defendant had continued to consume large amounts of drugs.

The killer’s psychotic experiences were described in Court by his ex-fiancée. She also told the Judges that the accused would take a friend’s urine, which had no trace of drugs, to his doctor. He did this to pass the sample off as his own. In this way he deceived his doctor regarding his drug consumption.

Why did the Indictment not have a charge for Murder?

Under Swiss law, the word murder (Mord) is used for the premeditated killing of another person. The penalty ranges from ten years to life imprisonment. Furthermore, homicide can be considered murder if it is abhorrently cruel (e.g. inflicts great pain on the victim in the case, for example, of torture.)

Any homicide not meeting this ‘premeditated’ standard is considered to be a killing (Tötung), which in most countries is referred to as murder or assassination, and the penalty is less severe. Most homicides in Switzerland are considered ‘killings’, with a minimum penalty of 5 years upwards.

The Swiss equivalent for manslaughter is Totschlag. Killers are sentenced for Totschlag when they committed the crime in a very, and especially excusable, state of excitement. For example, a wife who’s been mistreated by her husband for years, and kills him in a fit of rage, would be sentenced for Totschlag. The penalty is one to ten years in prison.

Media use of the word ‘Murder’

The international press used legal terminology – murder, killing, or homicide – depending on the jurisdiction in which they were publishing their articles. The Swiss press did not use the word Mord because the Indictment did not stipulate that word.

Additional crimes of Rape and Attempted Homicide

Between the preliminary hearings and the publication of the Indictment on 13th March 2017, additional charges were brought. This was as a result of new evidence coming to light.

These crimes allegedly committed by B.V. were listed in the Indictment. They included attempted homicide (of another), rape (of another), and serious traffic violations. All matters in the Indictment were dealt with at the same time during the trial for homicide. In Switzerland, multiple cases can be heard together if they are closely connected either in nature or time period.

Plaintiffs who Prosecuted

The State Prosecutor led the criminal case against the Defendant for homicide, attempted homicide, rape, and traffic offenses.

Additionally, there were five private plaintiffs who took part in the criminal proceedings. These included both Alex Morgan’s mother and father, his two siblings, as well as the rape / attempted homicide victim. In Switzerland, victims of crime have the right to legal representation during a criminal hearing and consequently can call evidence and question witnesses.

Civil damages, if awarded, are decided upon by the criminal judges.

Prosecutor’s Summing Up

The Prosecutor outlined the case for the Judges on Thursday, 30th March 2017. He asked for a 16-year custodial sentence. He added «Der Täter zeigte aber keine Reue» (the perpetrator demonstrates no remorse.) Lawyers for Alex Morgan’s family, as well as the lawyer for the rape and attempted homicide victim, delivered their pleadings on the same day as the Prosecutor. The killer’s defence lawyers argued their client’s case the following day.

For the Sentencing and subsequent appeals to the Zurich Appeal Court and Supreme Federal Court, please see Verdict, Sentence & Appeal