At the time of the murder he must have had about five permille. He wouldn't be able to stand on his feet, and the police concluded that he killed two people and left no trace – said Jakub Stachowiak, author of a reportage about a double murder near Kalisz, in an interview after the broadcast of the “Superwizjer” TVN material. Piotr Mikołajczyk, a person with intellectual disabilities, confessed to the murder. He has been in prison for 13 years because he confessed to murder. – You cannot convict someone solely on this basis – said Professor Monika Płatek from the University of Warsaw.
After the reportage was broadcast “Superwizjer” TVN entitled “The case of Piotr Mikołajczyk's conviction” on Saturday evening, the author of the material, Jakub Stachowiak, prof., talked on TVN24. Monika Płatek, a specialist in criminology from the Faculty of Law and Administration of the University of Warsaw, and attorney Paweł Głuchowski dealing with this case.
Piotr Mikołaczyk has been in prison for 13 years for a double murder committed near Kalisz, to which he confessed. However, there are doubts as to whether subsequent courts issued correct sentences in his case, including the final one – 25 years of imprisonment. Mr. Piotr is a person with an intellectual disability, and apart from his self-accusation during the trial, no one accused him. Moreover, no traces of it were found at the crime scene.
The place of the murder for which Piotr Mikołajczyk was accused“Superwizjer” TVN
“At the time of the murder he must have had about five permille”
– You cannot convict someone solely on the basis of a confession if additional elements are not consistent with this confession. The admission itself cannot be the only element that served during times of torture to give us peace and proof (…). It is terrifying that the fourth power must be used to force us to reflect – said Prof. on TVN24. Monika Płatek.
Mec. Głuchowski emphasized that there was a surveillance camera near the house where the murder took place, but – as he pointed out – the police did not secure the recording from it. The facts in the police note are said to be inconsistent.
– Before the murder (Piotr Mikołajczyk – ed.) he drank a liter of vodka and four beers. My patron and I used to wonder and count. At the time of the murder he must have had about five permille, he would not have been able to stand, and the police concluded that a man goes, kills two people, leaves no trace (…) and watches what is happening on the property for several hours – commented the author reportage.
Stachowiak also said that during the interrogation, Mr. Piotr had a “massive hangover” after drinking a lot of alcohol the day before. – He signed his testimony in the child's handwriting and they gave him water – he noted.
“No one bothered to check if he had an alibi”
Jakub Stachowiak emphasized that the presumption of innocence was “completely broken” in this case. He pointed out that the investigation from the moment the crime was revealed to the arrest of Piotr Mikołajczyk lasted nine months. – Within three days he was identified, (…), detained, charged and the next day there was a request for arrest. But where during these four days – this is the key question – was his alibi checked? Whether it fits at all (…). Piotr Mikołajczyk was found to be a murderer and he was taken straight to the prosecutor's office. No one bothered to check whether he had an alibi, said the “Superwizjer” journalist.
The guests recalled the figure of the wrongly convicted Tomasz Komenda, who was released from prison and acquitted only after 18 years of serving his sentence. – In the case of (Tomasz – ed.) Komenda, there was also a situation where subsequent courts found him guilty. Only after 18 years did it turn out that it was not necessarily right – emphasized attorney Głuchowski, suggesting that the same could happen with Piotr Mikołajczyk.
– The only thesis that is authorized is that the accused is innocent until proven guilty (…). What we see in this case is a failure to take into account evidence that should be taken into account – pointed out Prof. Petal.
Main photo source: “Superwizjer” TVN