If Adam Dudała was tried today, after the changes in the Code of Criminal Procedure and the entry into force of the principle of full adversarial (equality of the parties), the judgment would have been quite different. The court could not just like that, to reject any request evidence brought by the defense. And judgment award 25 years in prison, relying only on the words of a key witness, a drug addict and a pedophile. Because no other evidence that Dudała killed two people, no. There are too many providers that did not. Not only that, there is also a lot of evidence and circumstantial evidence indicating the real culprit. Temida But in this case, not only blind but also deaf and if retarded. Because, after all impossible that the full malice and unfair assumption.
Adam Dudała, born in 1968, high (185 cm), well-built. Bald head, on his temple convex mouse. And with the impressive silhouette face injured child. Just a little podstarzałego. Blue eyes are intensely wwiercają in the caller. He’s been fifteen years, no one even passes. It has yet to odsiedzenia 10 years. I’m not the first journalist, who sits across from him in the visiting room next crime. Top already posted several articles, created radio and television reports. Not only because Dudała well out of the picture and syntax says. And not necessarily because his story could serve as a script for a thriller court.
This embedded – as they are called inmates of correctional facilities – is a model example of how sometimes justice is not working. The fact that he was sitting there behind your fault, everyone knows. Journalists who would like to help him, but also people associated with law enforcement and with Themis. Especially them. However, they will not do anything to correct this injustice. On the contrary, they do everything so that it is as it is. All applications Dudały, his defenders, the Helsinki Foundation for Human Rights to re-examine his case is dismissed. Why? As he tells me one of the judges familiar with the matter, the acquittal of the convicted now, years later, would mean for the judiciary, but also the prosecutor’s office and law enforcement agencies, piarowskie earthquake. Shame, embarrassment. Because like this? First, the district court judgment seems – in 2004. And then appeal – in 2005., Then the Supreme Court confirms him four times. Finally, in May of last year Prosecutor General’s Office no basis “for the PG to initiate further proceedings resume”. And they would all be wrong? Impossible.
In our law is valid presumption of innocence of the accused, which must only prove guilt, but it is fiction. But the principle of the presumption of veracity and niewzruszalności final judgment running at full steam. This imbalance leads to confusion, and sometimes crimes court makes landing behind bars innocent people. People like Dudała. One succeeds, often after many years, to prove his innocence. Others are not. According to Luke Chojniak, co-author of the report “The causes of unfair convictions in Poland” prepared for Civil Development Foundation in 2012. And keep updated, there are approx. 300 per year. They take mainly of incompetence prosecutors and judges. It estimates the real number is unknown, but even so these figures tend to a different approach to say ironic that prisons are full of innocents. Do amendment to the Criminal Procedure Code in this matter something will change? Let it be so. Let’s do an experiment and think about what evidence the court would have to consider if Adam Dudały heard the case today. But in this we need to move in the past.
gang war
This is the night from 19 to 20 July 1999. In Wiartel – village near Pisz in the province. Warmia-Mazury. Less than 70 km from here to Lomza, 107 km to Olsztyn. It is so important that in this area clash with each other for influence in two criminal groups – Lomza and Olsztyn. Drugs, protection money, extortion, prostitution … The war continues, which is normal in those days. Łomżyńscy decide to give socks Olsztyn, because you get too rampant. I recently beat the boys Slawomir W. called “General”. Łomżyńscy enter into Wiartla, searching for “language”, they want to see people connected with in Olsztyn told them where to find the rest of the company. It rains on “Kozyra,” which is a security guard escort agency under the graceful name of “Czar Tigress” in Olsztyn. “Kozyr” is drunk, mumble, deport him to the forest, tortures. Fall two shots, one shot, one with live ammunition, they target the butt to get frightened and began to talk. But one of the bullets hits the artery. The attackers abandon him in the forest, but then two of the group returns the car and takes the victim to get her to the hospital. However, “Kozyr” dying on the way, so throw him into the ditch and go on.
Less than two weeks later, on 4 August 1999., Vendetta goes on. Bandits go to “Spell Tigress” in Olsztyn, one of them enters the brothel and kills a firearm owner’s interest Janusz B. Less than a year later, most of the Lomza team, which did bloody cleanup is stopped. As the first “begins to unravel,” Slawomir R., ps. The bailiff, who then becomes key witness in the case. Questioned 8 June 2000. At the Prosecutor’s Office in Olsztyn admits to having participated in the murder, “Kozyra”. A 29 January 2001. Officers CBS admits to having participated in the murder in Olsztyn. It indicates the name for the shareholders. Only one of them is anonymous. He’s the one who had to shoot – Adam from Warsaw. According to the “Woźny” Adam was a man of medium height, up 173 cm, medium build, certainly not the type of packer. No scars, no special characters. At the scene of the crime they had to move a car from Mercedes red. The head of this order was Jaroslaw K. ps. Smith, the deputy “General”, which at that time was turned off, because he was sitting. Then the red merc in the testimony of the Crown changing colors. To finally during subsequent testimony turn into a Toyota Supra.
For a while low, skinny Adam from Warsaw turn into Adam Dudała. Also from Warsaw. 33-year-old leading snooker club on Jelonki, “the boy from the city,” skumplowanego with a group of Pruszkow, Andrew’s ward same Kolikowskiego, or “Pershing” (porachunkach gangster murdered in late 1999.) – Superbandyty, stars tabloids, a love interest of law enforcement, I develop that are still on. Except that Dudała is napakowanym guy, in addition stigmatized is loaded with growths on his temple. But it does not matter. Where did this procedure? Today it is difficult to reconstruct with all responsibility. Probably it was enough that his name was Adam, was from the capital and had niefajnych colleagues. In addition, from the little came on holiday to Wiartla, he knew everyone and everyone there knew him. So you could easily clog with the case. As I mention today Patricia, wife of Adam Dudały, her then boyfriend got in 2001. Summons to district police station. He called to ask what was going on, they said that about trifles, went and never returned. She went with him to Bialystok, in the corridor of the court was terrified eyes: I suspect in two murders, I do not know what’s going on. In 2004. It gave rise to the first sentence: life imprisonment. After the appeal upgraded to a quarter of a century. Of the seven people accused of the murder of two – Adam Dudała and “Smith” – he got 25 years. One – 13. Two after two years. One year. “Janitor”, Slawomir R., was off to a separate procedure. The die is cast, for Dudała closed the bars.
List of doubt
Michael Rapacki is now a private investigator, previously worked for many years as a police officer criminal department. He was hired by the family of Adam Dudały to investigate and analyze the case. Enucleation of the reasons why justice should once more review of more than 40 volumes of files.
The testimony of a key witness, who during the first testimony described the Adam from Warsaw, killer, as a man of medium height, for sure not the type of packer. Adam Dudała is higher than 10 cm. That Adam had no distinguishing marks. This is the mouse. This did not prevent Sławomir R. recognize Dudały during the presentation. Which was conducted in violation of any rules: Dudała was placed among a half younger than him, smaller and chudszych men. He distinguished himself as an elephant among bats. In addition, none of the co-defendants in this case did not recognize Adam Dudały in the courtroom during the hearing. According claimed to see him for the first time, though they recognized each other and have much to say about himself. When during one of the hearings Dudała asks for the experiment, which aims to denial testimony of the Crown and to demonstrate that this lie, the court did not agree. Crown witness during all hearings refuses to answer the questions of defense. The Court is satisfied with reading his testimony, but not the former, but later agreed. “Janitor” just nods.
When it came to murders for which he was sentenced Dudała, was 400 km from there – in Ustka, by the sea. Together with the guys from “Pershing” and himself a few days partying at the newly opened hotel. Vodka, girls and discos. In one of them Dudała celebrated his birthday. They had had a long tail: it was behind at least some of the officers. They took pictures. And rightly so, “Pershing” was one of the most coveted by celebrities criminal law enforcement agencies in the world. However, then neither the court nor the prosecutor’s office were not willing to ensure that those operating materials declassify. – To this day, (you know it otherwise, I can not give sources) are also to take billing and the ability to check, in which the BTS-edged logged on at that time Dudały cell phone. Nobody is interested in that – Rapacki says. To confirm that Dudała at the time was the unlucky elsewhere, that they are also useful statements from witnesses. Even the staff of the hotel where the team was playing, even if Jaroslaw Sokolowski ps. Weight, credible Crown witness in many cases, who also drank vodka there at the time. Or Christopher Jackowski, known as the seer of Człuchów. How to tell the participants of those events, Jackowski did a mascot, “Pershing”, which is very believed in his visions. During those days Dudała car was sent to Jackowski brought to Ustka (129 km). – Chris Andrew asked him to do me a vision – he tells Dudała. – This took me to watch, rubbed it, sniffed it, closed his eyes and said I’d go sit by car. We laughed with the boys, because I did not have anything to do with cars. We treated these visions as a story about ghosts in the long winter evenings: no one believes in them, but all a little scared. Today, it turns out that Jackowski was right – sighs. But, apart from the vision of a seer, nor prosecutors, nor the courts they were not interested to verify whether it was in Dudała murder or not. No witnesses not interrogated. Telecommunications data are still available if someone wanted to look them up.
A car that was first a red Mercedes to then change the color to “dark” in the testimony of key witness to finally become Toyota said. Dudała then was using his sister Mercedes, only the silver. This red was used by “Lomza”, soon after the event has been sold. Toyota, which according to the testimony of other participants in the event had to be transported “Kozyr” is yet another story. None of these cars – though they were within law enforcement – has not been secured and tested at least for traces of blood, which would have to remain in it if it carried would be “Kozyr”. The court enough that Dudała ridden Merce. In the end, also it has four wheels.
“spotty,” or Adam Ch. – Man Wołomińska associated with the group that works with “łomżyniakami”. Since the beginning of its name scrolls on the subject, but it is the investigating officers ignored. One of the lawyers involved to defend Dudały at that time says (with a request for anonymity, because in Bialystok grajdole will not have what to look for), that have the knowledge, who commissioned the work and who shot at Wiartlu and in Olsztyn. The unofficial, because it so happened that defended another person accused in this process, but to another case. And she revealed to him that the killer was indeed Adam, yes, from Warsaw, but not Dudała, but Ch. Colleague “Smith”, ie Jaroslaw K., on whose request has agreed to help łomżyniakom in competition with in Olsztyn. – I went from a prosecutor, to visitors from CBS, prompted by Me, I asked them to checked clues. But they sent me to the moon, had already spread in their solitaire card, did not need anyone they broke the hand – tells the lawyer. In his opinion, all the evil began with the exuberant ambition Central Bureau of Investigation officers. They wanted to be successful, but not quite what they had to do. In the province. Warmia and Mazury it was not Pruszkow mafia-type or Wołomin. – Sami idiots, troglodytes – she recalls. I even have a leader who zapanowałby over this company. “General” is a type of loser who constantly fell into sat. His right hand, or “Smith”, who ruled łomżyńskimi, it’s pretty simple gentleman of intelligence work tudzież of appearance of Frankenstein, whose main handicap was that we made friends with wołominiakiem, or “pimple”. The guest from him ten times cwańszym, a sadist. By the way, it was impossible to help someone Lomza arrived from Pruszkow. They hated each other, otherwise the class difference. – But the facts did not count, it was important that cebesie may announce the one hand, the breakdown of gang Lomza, on the other glued to the matter boyfriend from Pruszkow. They dreamed of working out of that group, the whole Polish police about it dreamed – she recalls. Dudała did not want to cooperate, played tough, but well advised him that he was not such a Cossack. As today, he says, he did not want to be disloyal to friends. He was not afraid because I did not do anything. But he was wrong.
This is just before the final judgment on Dudały when it comes to Warsaw following the killings. In August of 2004. In his apartment, during the event, he is shot by Adam Ch., Or “spotty”, a likely killer of Wiartla and Olsztyn. Dies at the hands of their partner Wieslaw B. A few days later, and Wieśka ram. As it turns out, the perpetrators are concubine “spotty” Agnes R. and his brother, Gregory – handled by him in revenge for his head “spotty”. The investigation Run by the same officers who did the murder, “Kozyra” and owner of “Spell Tigress”. During the proceedings come to light various details. Eg. That the “spotty” bribed and intimidated witnesses and participants in the killings. Agnieszka R. under someone else’s name and with someone else’s ID card in his hand drove to the crime on view with that team. That drove the pack, has paid money to wypiski, he threatened revenge for the wives and children if any of them rained. “Spotty” also pays lawyers to two killers from 1999. To buy themselves their amnesia. Officers are witnesses secret messages delivered to prison, from which it follows that the aid will still be delivered, as long as they testify, as it was fixed.
All these connections captures Barbara judge leading the case Piwnik. It includes them in a population of 214 pages memorandum, which he describes as policemen from the Bialystok CBS and men of prosecutors hid evidence and fabricated indictment. But it turns out, that it was far too little. In addition, after the death of “spotty” other bandits who participated in the murder, “Kozyra” and the head of the escort, they begin to say who actually fired. Except that neither the police nor the court it does not move. One of the officers reject the entry of the testimony to the minutes. A court recognizes restore the collective memory for collusion. One of the lawyers said today that nothing, no clue, is not verified. No one was on the way to confront the testimony Woźny, Slawomir R., of reality.
Slawomir R., key witness in this case, it’s really interesting character. Both externally – all wydziargany. And internally, I mean psychologically – a drug addict, serving a sentence of 25 years for a rape and attempted murder of a 5-year-old girl, which, according to his explanations wrong with an adult woman. And formally. As a pedophile is in prison uninteresting situation, you must try to keep the others convicted have not valued him justice. Therefore very happy to work with the authorities, and therefore the Prison Service, officers of the Central Bureau of Investigation and prosecutors to get the protection and privileges. He testifies everything, whatever he’s told. And never mind that tells nonsense, for example. It is a commando and jumping without a parachute from skyscrapers. Irrelevant that disregards the court and refuses to answer questions. It is useful, because it confirms every thesis that the prosecution will kindly accept.
Later in the investigation comes out, that Slawomir R., being embedded in the ward for violent offenders flow over all the riches. He had a television, a few phone calls through which contact with the free world. With billing that also with the prosecution and Bialystok CBS. Many of these issues coming out during Adam’s wife and brother Ch. “Spotty”. However, the Supreme Court did not strike it significant enough to order the reopening of the case Dudały. A lawyer who knows her, adds that even today you could easily verify certain things. Even seeing who Sławomir R. bring the package to the crime and has paid money to wypiski. It was not only the wife “spotty” Agnes R., who admitted to it. But then the cops who care about uchola him to be obedient to them. However, and this trail justice did not want to move. A report of the Helsinki Foundation for Human Rights to Bialystok prosecutor’s office that CBS officers who ran the two cases and have information about the innocence Dudały, but withheld them, it is settled last fall refused. Reason: The case itself are expired. The Supreme Court also did not consider it appropriate to accept this as a condition for the resumption of the trial.
Adam Dudały family did everything to prove his innocence. One of the ways in which the effectiveness believed was being examined on the polygraph, known as a lie detector. He made them a valued expert Jacek Bieńkuński. Result: test no trade with the matter. From the standpoint of criminal procedure is little compelling evidence. Also – as well as other – not included.
To summarize: the only evidence on which Adam Dudała was sentenced to 25 years imprisonment, were testimony of a key witness, which due to its imbalance and reliance should never be in this role.
This is not just my opinion, that opinion was also a court of another famous case, in which the accused was known lawyer prof. John Widacki. And here, “janitor”, Slawomir R., was a key witness, on the basis of which the patron accused of slander, among others, is that urged “Woźny” to make false testimony in favor of the boss’ Pruszkow “Miroslaw D. ps. Decidedly too short. The court conclusive in this case considered the testimony of “Woźny” unreliable. And anyway and the key witness he recalled everything previously said, explaining that he was just a tool in the hands of the Central Bureau of Investigation officers, who gave him ready to sign the protocols. In this and other cases in which he had to provide. So the question arises, how key witness deemed to be unreliable by a court can be interpreted for a second? Could it was about who is accused?
Just go out
– Naiwniara – laughing at me one of the lawyers involved in the case Dudały. For years, he is a lawyer specializing in criminal cases and with his vast experience, as derived, had become aware about how they are (or at least were until 1 July) in Poland arketing sentences. The idea is that everyone was happy, because each of the main actors in the theater of his business is to win. Here it’s happened something that breaks the law. Police and other departments have the event “out of stock” must make a tidy papers and statistics. They pick out the guilty and look for evidence of his guilt. Or they are manufactured. It is detected. The prosecutor, even if it is not entirely convinced draw up the indictment. Even in good faith. Thoughts: If this poor bastard is innocent, the court identifies. This does not happen because the judge, having on his head dozens of cases, did not want to go into the Haymarket details. His thinking is often this: if the guy was innocent, there would be no indictment. So therefore, we teach patron, everyone is happy when the accused wants to voluntarily surrender penalty. He gets the lowest possible sentence. And if you do not want to, and the evidence is missing? This is usually done so, to convict him, but not ukrzywdzić too much. Worse, if the culprit insists on his innocence. Then you can show him where his place. Let not committed. Such Widacki happens once in several thousand cases. But the boy out of town? Please … If Dudały things have gone too far to unscrew something. Too many people would be better off lost.
So Dudała had to sit, sits, and will sit. All legal opportunities have already been used. Marcin Free, a lawyer with the Helsinki Foundation for Human Rights, which is the second Dudała years in his battle to show innocence, admits that he ran out of ideas. Because what else can I do? To apply for resumption of the proceedings, one would have to introduce new evidence. But the Supreme Court four times already rejected the application and everything that they managed to collect. Where to get a new one? Even if the testimony of Agnes R., Concubine “spotty” and her mother in law, which testified that this probably killed him, did not arouse doubts law enforcement or by courts in this matter? Recently a glimmer of hope: a niece Dudały sister said, “Kozyra”. On Facebook. It assures her that she knew that Adam was not killed her brother, but is afraid to testify. Because he has children.
– I am preparing a complaint to the European Court of Human Rights on the latter provision the Supreme Court dismissing an application for resumption of proceedings in this case. In my opinion hasty – declares Marcin Free. But in his voice lack of conviction. You can not resume because of that conduct, even if the ECtHR has ruled a violation of human rights. There is one other possibility: a request to the President of the Republic for a pardon. – Until now, I did not take this option into consideration, because it seemed to me that this is the same as an admission of guilt – says Adam Dudała. And it would be a denial of his many years of struggle for recognition that there is a murderer. For some inexplicable reason, is for Dudały and his family important. I recently learned that an act of grace does not have to be based on the granting of uncommitted crime. The president has this right, he decided, it just needs to ask for it.
Dudała is in a trap. All efforts do not bring any effect. In addition, a prisoner who is not an admission of guilt, and so niezresocjalizowanym. There is therefore counting on a pass, which would have been entitled if he pokajał. It can not dream about the early release. I recently tried to get a break in the execution of the penalty. Speaking plain text: would his wife have a baby. However, although the district court to request a time-out granted, the appeal, the prosecutor’s complaint, dismissed him.
Patricia, wife of Adam, broke through the ancient Penelope. When it stopped in 2011. They were just a couple. They were married before a final judgment: in 2013. Patrycja every two weeks goes to her husband where this is currently sitting. Do not complain, do not hamletyzuje. He says that doing the right thing. – I love him, I know he is innocent. I could not leave dear to me in a difficult situation – she says.
Adam in his cell, in Iława jail, has a bed on the ground floor. The rungs of the berth define his intimate world. When he puts on his back, he can look at the photographs above his head: Patrycja in-law, John Paul II. When I can not stand – runs. Around the commons. After two or three hours. To get tired, do not think.
During our view Dudała gives me a notebook written calligraphy, which detailed the most important, in his view, the contradictions in the testimonies of witnesses who escaped the notice of the judiciary. The dimension does not care, because inmates so they have to be writing from pillar to post, I wish time to lean over their wypocinami.
Dudała, however, still believes. In the miracle. But also, as provides in justice, which sometimes happens. Because such Czeslaw Kowalczyk also accused of murder, he was released from prison after 12 years. Zbigniew Mount managed to jump out after three. I even got compensation. Dudała does not depend on compensation. He wants to leave. To be able to again meet his wife. You start to live normally. And only please the Supreme Justice behind.
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