Expert on the Knutby case: Extremely narrow eye of a needle

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Expert on the Knutby case: Extremely narrow eye of a needle
Photo: Pavel Koubek/TT

Attorney Johan Eriksson will request an overturning of the murder conviction against the so-called nanny in Knutby, who was convicted of shooting dead pastor Helge Fossmo's wife in 2004. However, being granted an overturning is extremely difficult, according to Dennis Martinsson, a doctor of criminal law. It is not easy to determine whether it is strong enough, he says.

Overturning means that a judgment that has become final is overturned in the Supreme Court and a new trial is held. In Sweden, this has previously only been granted to a few people, and it has almost always concerned murder cases.

It's an extremely narrow needle's eye you have to get through to be granted a raise, says Martinsson, who has researched the raise process.

The reason for that is that the starting point must be that one should trust the judgments that come. But there is a small, small valve for when that can be done, he says.

New evidence

The most common reason for granting a retrial has been that the convicted person was able to present some new circumstance or evidence that was not available at the original trial. But that is not enough.

For this new evidence, one must make the assessment that it would likely have led to an acquittal.

There is also a possibility that the Supreme Court may determine that there are exceptional reasons for re-examining the matter for other reasons, after having made an overall assessment.

Johan Eriksson, who represents the so-called nanny, has pointed to two crucial pieces of information that emerge from Aftonbladet's review , which, according to him, provide grounds for an investigation.

Blood under the bed

This applies partly to the information that there was a pool of blood under the bed just a few minutes after the shots, blood that could not possibly have flowed through the bed in such a short time, according to Eriksson - partly to a statement from a forensic pathologist that the wife was already dead when the nanny fired the first shot, since the entrance opening showed no bleeding.

If you add it up, it's actually enough, he says in SVT's Morgonstudion on Wednesday.

According to Dennis Martinsson, it is difficult to comment on the matter based solely on media reporting, which also emphasizes that it is a party submission.

But it is clear that if some of these things that have emerged are true, it appears to be very serious and indicates possible shortcomings in the investigation.

Criminology professor Leif GW Persson believes that the verdict will be overturned and that the nanny will receive a new trial.

"It is completely incomprehensible how one can make such mistakes," he tells Aftonbladet's program 200 seconds.

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By TTEnglish edition by Sweden Herald, adapted for our readers

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