Patrick Dils

Overview

Patrick Dils was convicted and imprisoned for the murder of two children found dead along a siding of the SNCF to Montigny-the-Metz in September 1986. He was a 16-year-old apprentice cook at the time. After multiple proceedings and revision based on new facts, a jury acquitted him on April 24, 2002 and he was released later that day.

Timeline

• September 29, 1986 — Two children, Cyril Beining (1978–1986) and Alexandre Beckrich, were found dead along a siding of the SNCF to Montigny-the-Metz; Patrick Dils, then an apprentice cook and 16 years old, was questioned because he lived on the same street that they were “then is slackened”.
• April 28, 1987 — Patrick Dils was challenged at the exit of his work in a restaurant of Montigny-the-Metz where he was in training.
• April 28, 1987 (after thirty-six hours in custody) — After thirty-six hours of police custody and interrogations over several days, Patrick Dils acknowledged having made this murder and declared that he did not know why he killed these children.
• April 30, 1987 — Patrick Dils was accused of “Homicide S volunteers” and was écroué with the Prison of Metz-Queuleu.
• May 7, 1987 — The examining magistrate conducted a reconstitution during which Patrick Dils continued to admit the crime.
• May 30, 1987 — Patrick Dils wrote to retract with his lawyer.
• January 27, 1989 — Patrick Dils was condemned to life imprisonment by the Court of Assizes of the minors of the Moselle.
• July 26, 1990 — Patrick Dils’s lawyers deposited a first demand for revision near the Court of appeal; it was rejected for lack of new element.
• May 6, 1994 — Patrick Dils required the presidential pardon to François Mitterrand; it was not obtained.
• 1997 — Lawyers hired by Patrick Dils’s parents learned that in 1992 serial killer Francis Heaulme admitted that around the time the two children were known to have been murdered, he had been thrown stones at and he provided details of the murder not released to the public.
• October 24, 1997 — Regimental sergeant major of gendarmerie Jean-François Abgrall transmitted to justice an official document about a maintenance in 1992 with serial killer Francis Heaulme in the prison of Brest.
• March 27, 1998 — Maître Jean-Marc Florand deposited a new request in revision after learning that Francis Heaulme was near the place of the crime at the time it took place.
• September 29, 1986 (details obtained during investigations before July 16, 1998) — Francis Heaulme returned visit and provided new precise details about his timetable on September 29, 1986, day of the double murder, admitting being on the spot per hour and precise place while denying authorship.
• June 21, 1999 — The commission of revision of the penal judgments, chaired by Henri Gall, noted that the elements brought were completely unknown to the 1989 file and agreed to submit Patrick Dils’s dossier to the court of criminal appeal of the Court of appeal sitting in Cour of revision.
• June 26, 2006 — Francis Heaulme was put in examination for “homicides volontaires” in the investigation into the murder of the two children of Montigny-the-Metz.
• April 2007 — A DNA finding was announced: DNA found on pants seized in the residence of Francis Heaulme did not correspond to that of the two victims of Montigny-the-Metz.
• April 21, 2001 — The Court of revision canceled the judgment with life imprisonment of Patrick Dils but refused to give him freedom while waiting for a new judgment.
• June 20, 2001 — A new lawsuit opened before the Court of Assizes of the minors of the Marne.
• June 29, 2001 — Patrick Dils was convicted and sentenced to twenty-five years of imprisonment.
• April 8, 2002 — A third lawsuit opened before the Court of Assizes of the minors of the Rhone.
• April 23, 2002 — The prosecuting attorney claimed neither sorrow nor judgment in its opposition; the jury deliberated in a few hours.
• April 24, 2002 — Patrick Dils was discharged by the jury and released later that day, leaving prison at 22:10.

Background

Patrick Dils was born the June 30th 1970. At 16 years old, on April 30th, 1987, he was accused of “Homicide S volunteers” regarding two boys with Montigny-the-Metz, in the Moselle.

At the time of the murders, it was described that he was a sixteen-year-old “a little fragile and immature.” During the later narrative, it was also stated that he was a “youth” and “too frightened to speak” during the first lawsuit.

The offence

On September 29th, 1986, two children, Cyril Beining (1978–1986) and Alexandre Beckrich, were found died along a siding of the SNCF to Montigny-the-Metz.

Investigation

Seven months passed between the murder and the arrest of Patrick Dils.

According to Patrick Dils’s parents, the Varlet inspector of the Judicial police of Metz in charge of the investigation showed himself very aggressive and “baits himself” against Patrick Dils. They also stated that the examining magistrate of the time, Miss Maubert, showed the same type of behavior. During a visit to this judge, when they asked for a license of visit, she answered: “You will never see it, final point, leave my office.” It was also stated that she refused for sixteen months to grant a license of visit to the two parents.

Confession and recantation

After thirty-six hours of police custody and interrogations over several days, Patrick Dils acknowledged having made the murder and declared that he did not know why he killed these children. He later retracted: on May 30th, 1987, he wrote to retract with his lawyer.

The examining magistrate conducted a reconstitution on May 7th during which Patrick Dils continued to admit the crime.

Francis Heaulme and new facts

In 1997, lawyers hired by Patrick Dils’s parents learned that in 1992 serial killer Francis Heaulme admitted that at about the time the two children were known to have been murdered, they threw stones at him, and he provided details of the murder not released to the public. Based on the new evidence, Patrick Dils was granted a retrial.

On October 24th, 1997, regimental sergeant major of gendarmerie Jean-François Abgrall transmitted to justice a document describing a maintenance in 1992 at the prison of Brest with Francis Heaulme. In the official report, the written gendarme included Francis Heaulme’s remarks, stating that he held remarks about:

• having carried out a walk with bicycle along a way of railroad in the east of France,
• having received stones thrown by two children,
• being party and then passing by again on the spot a few minutes later,
• seeing the bodies of two children close to coaches not far from dustbins and a bridge,
• seeing later on the spot of the firemen and the police officers.

It was stated that gendarmes proceeded to research on the double crimes of the not elucidated children, but did not find anything because in 1992 Patrick Dils was already condemned and the double crime was regarded as elucidated and removed from databases.

In 1996, Patrick Dils’s parents required two Parisian lawyers, Maîtres Florand and Achoui, to re-study the file. Being interested in Francis Heaulme, they sent a mail to the gendarmerie of Rennes. Abgrall then decided to write his official report of legal information. On March 27th, 1998, Maître Jean-Marc Florand deposited a new request in revision after learning that the serial killer Francis Heaulme was near the place of the crime at the time where it took place.

During the return visit with Francis Heaulme, it obtained new precise details on his timetable on September 29th, 1986. This last admitted being on the spot this day, per hour and the precise place of the crimes, and admitted seeing the children and receiving the stones thrown by the two children, while denying being the author of the double murder. His presence was described as a “new fact likely to give birth to a doubt about the culpability of condemned”.

On June 26th, 2006, Francis Heaulme was put in examination for “homicides volontaires” in the investigation into the murder of the two children of Montigny-the-Metz.

In April 2007, it was announced that the DNA found on the pants seized in Francis Heaulme’s residence did not correspond to that of the two victims of Montigny-the-Metz.

Arrest

April 30th, 1987, Patrick Dils was écroué with the Prison of Metz-Queuleu.

Trial

First conviction (life imprisonment)

On January 27th, 1989, Patrick Dils was condemned to the Life imprisonment by the Court of Assizes of the minors of the Moselle for “Meurtre”.

It was stated that the fact that he was a minor would not have been taken into account, but that the excuse of minority, which was questioned systematically to sworn, would have made it possible to divide the duration of the sorrow by two, reducing it to a 25 years maximum under current law at the time described.

It was stated that for the first time since April 1987 his parents were authorized to see him five minutes in a corridor buckled by the gendarmes.

The parents of the victims said they would have wished Patrick Dils the capital punishment. A note/correction said that capital punishment was recently abolished in France by president Mitterrand, in 1981.

Retraction and handling in court (as described in later narrative)

According to the described account, the lawyer asked that the family not attend the lawsuit, but the parents went and realized that the lawyer did not fight absolutely and posed no capital question. It was stated that the only time where Patrick Dils wanted to defend himself, it would have said: “Keep silent yourself, lets make me. ”

A later emission account was described for May 2007: during “Make enter the defendant” on France 2, it was described that Patrick Dils spoke very little, was completely deafened, frightened and intimidated by the Court of Assizes, and pronounced only one ten words. It was described that the lawyer tried to defend him, but he complained that his “customer does not do anything for his own defense.” It was also described that Patrick Dils expressed that he was young at the time and too frightened to speak, and that he was moved because he re-examined for the first time his parents after two years of prison without visiting room. The account further stated that now, Patrick Dils expressed himself much more on the business and even wrote a book.

Revision attempts and presidential pardon

On July 26th, 1990, lawyers deposited a first demand for revision near the Court of appeal; it was rejected due to lack of new element.

On May 6th, 1994, Patrick Dils required the presidential pardon to François Mitterrand, which it did not obtain. François Mitterrand wrote with the family of the victims, ensuring them that he would never grant his grace towards a murderer of children.

Second conviction (25 years)

On April 21st, 2001, the Court of revision canceled the judgment with life imprisonment of Patrick Dils but refused to give him freedom while waiting for a new judgment.

On June 20th, 2001, a new lawsuit opened before the Court of Assizes of the minors of the Marne. Francis Heaulme appeared but like simple witness. Francis Heaulme refused to endorse the responsibility for this murder, in spite of the suspicions which weigh against him. He and Patrick Dils looked at themselves lengthily; Heaulme wished even good luck with Patrick Dils before leaving.

On June 29th, 2001, the court condemned Patrick Dils to twenty-five years of imprisonment. It was described as the general surprise and stated that journalists had already prepared their articles announcing his payment after the prosecuting attorney announced an inward conviction that Patrick Dils could not be the culprit because he would not have had time to commit this crime.

It was stated that Patrick Dils had ten days to appeal and did so, allowing him from now on the new laws in force voted for the circumstance.

Third trial and acquittal

On April 8th, 2002, the third lawsuit opened before the Court of Assizes of the minors of the Rhone. The law made it possible for the lawsuit to be held in public. Crowd pressed itself with the court.

It was stated that public opinion was favorable to Patrick Dils. He appeared with a new look, without fume glasses, recoiffé, and was “slackened.” Francis Heaulme was again heard, with testimonys with load weighing against him.

For the first time, Patrick Dils spoke about the torments endured in prison: he was beaten, ridiculed, violated even. He re-examined his consents in detail, and it was described that one of the only evidence of the culpability of Dils was reconsidered.

Evidence was produced by the gendarmerie showing that Patrick Dils did not have time to commit this crime: the children died towards 17:00, whereas Patrick Dils returned at his place only towards 18:45.

On April 23rd, 2002, the prosecuting attorney claimed neither sorrow nor judgment in its opposition; the jury deliberated in a few hours.

On April 24th, 2002, Patrick Dils was discharged on April 24, 2002. He left prison in the evening even to 22:10. Bodyguards surrounded the Dils family, preventing journalists from approaching them. It was also stated that he could express himself in front of the media, announcing his happiness to find freedom, finally. The close relations of the victims were described as disappointed, persuaded that a murderer was released.

Sentencing

On January 27th, 1989, Patrick Dils was sentenced to life imprisonment (“Life imprisonment” / “Imprisonment with Perpétuité”).

On June 29th, 2001, he was sentenced to twenty-five years of imprisonment.

Appeals and revision

On July 26th, 1990, Patrick Dils’s lawyers filed a first demand for revision near the Court of appeal; it was rejected due to lack of new element.

On April 21st, 2001, the Court of revision canceled the life-imprisonment judgment but refused to grant freedom while awaiting a new judgment.

On June 29th, 2001, after being condemned to twenty-five years, he had ten days to appeal and did so.

On April 8th, 2002, a third lawsuit took place, after which he was acquitted.

Outcome

On April 24th, 2002, Patrick Dils was acquitted by a jury and released later that day, leaving prison at 22:10.

It was stated that Patrick Dils was wrongly imprisoned for 15 years and awarded compensation of 1 million euros. It was also stated that the State poured a million euros to him for the miscarriage of justice. A compensation figure was also described as FRF million between 10 and 15 that should be allotted to Patrick Dils, but the precise amount was also stated as 1 million euros elsewhere.

Other details

Victims

• Cyril Beining (1978–1986)
• Alexandre Beckrich

Request for revision and legal basis described

The request in revision was deposited by lawyer Jean-Marc Florand before the commission of revision of the penal judgments of the Court of appeal to challenge a penal decision that had become final.

It was stated that the possibility related to one of four subparagraphs aimed by article 622 of the Criminal procedure code, and that the present request referred to: “After a judgment comes to occur or to appear a new fact or an unknown element of the jurisdiction at the day of the lawsuit, likely to give birth to a doubt about the culpability of condemned.”

The “new element” described in the narrative was the presence of Francis Heaulme on the spot of the double murder on September 29, 1986, at the day and hour when the murders were made. This presence was described as proven by two official reports: the one established by Abgrall and that of the rapporteur of the commission of revision which confirmed and supplemented the first.

It was also stated that, to date, despite strong suspicions, Francis Heaulme had not been accused in this business.

Compensation details and schooling

The narrative stated that compensating Patrick Dils was difficult, and referenced reprobation, the attack with the honor, loss of liberty, brutal stop of schooling, wrenching with affection of his family, and violences undergone in prison.

Music and public appearances

It was stated that singer Garou dedicated a new opus to Patrick Dils entitled: “The injustice” and that Patrick Dils made an appearance in the clip.

A note stated that the song “The injustice” written a few years earlier by Pascal Obispo arose from Obispo’s personal experiences and had nothing to do with Patrick Dils. It was also stated that Garou was approached by Mr. Dils during concerts of the “Dumbs” and later invited Mr. Dils to appear in the clip.

It was also stated that Patrick Dils recorded a song evoking his history entitled: “Condemned wrongly the”, with text written by Cédric Goueytes following the reading of the book of Patrick Dils “I wanted just to return at home.” The music was signed Cédric Lemire.