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Austrian Incest Dad Fit to Stand Trial

October 15, 2008 11:35 AM

By CHRISTEL KUCHARZ, ABC News Germany

Austrian prosecutors received a 130-page psychiatric evaluation today that shows Josef Fritzl, the man who is accused of imprisoning his daughter Elisabeth for 24 years, is clinically sane.

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“He suffers from a profound personality disorder but he’s not insane, and he will not be able to blame his actions on a moment of madness,” said Dr. Gerhard Sedlacek, the prosecution spokesman, in St. Poelten, Austria. Sedlacek is handling the case.

During a telephone interview with ABC News, Sedlacek confirmed that the court-ordered psychiatric evaluation had been conducted and that the man, who has reportedly admitted to holding his daughter captive in a dungeon below the family home, is lucid enough to stand trial.

A previously taken DNA test proved the man was the father of Elisabeth’s seven children during that time. Six children survived the ordeal. A baby boy died in the dungeon only days after he was born and Fritzl confessed that he burned the dead baby in the furnace of his house in Amstetten, Austria.

According to Austrian newspaper Der Standard, Dr. Adelheid Kastner, a well-known psychiatrist at the Wagner-Jauregg mental asylum in Linz, Austria, conducted six sessions with Fritzl during which he reportedly was very cooperative.

The psychiatrist did not disclose any details of her findings to the newspaper, but she is quoted as saying that Fritzl is not insane and that his claims to have “suffered a 24-year-long state of intoxication” are “simply impossible.”

Sedlacek explained that Fritzl’s legal team has, of course, the right to challenge the psychiatric report but, “We don’t know about that yet. It remains to be seen how the defense reacts to that evaluation.”

Dr. Rudolf Mayer, the defense lawyer, when asked by ABC News, said he had no comment on the psychiatric evaluation of his client.

Meanwhile, Mr. Sedlacek confirms that the prosecution needs another three to four weeks to finalize the charges against Fritzl. “We hope to be able to hand the complete charges against him to the judge in the first week of November. The defense team will then have two weeks to object to the charges. Any objections will need to be ruled by Austria’s highest district court,” he said.

“I think it’s getting tight to have a trial before the end of the year but chances are that we will have a trial very early on next year,” said Sedlacek. “One thing is for sure, the man will be put in a psychiatric institution, which could be the one in the prison, in addition to any sentence he’ll receive and he will face the full force of law.”

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October 15, 2008 in Christel Kucharz | Permalink | User Comments (39)

User Comments

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I was reading a comment. It said lets forgive and move on. That's easy said for anybody that hasn't been abused. Yes he new what he was doing. For the mother she has to live for the rest of her life knowing that her child was just a few feet away from her and what her husband had done. I can't say she knew, but if she did then shame on her and she deserves to get what the father did. As for the daughter and the grandkids they deserve a much happier life. I hope some way the can find the peace, joy, and happiness they deserve. I also pray nothing like this happens again.

Posted by: Henry | Oct 15, 2008 5:30:12 PM

monrotus, yeah, maybe you SHOULD make a point of reading an article before commenting. "grounded' is not exactly what happened here. Try "kept hostage in underground bunker for 24 years while raping her and producing 7 children, one of whom never saw the light of day until he was 19 years old". Come to think of it, best you shouldn't comment at all without full knowledge of the whole story - "forgive and move on" - riiiiiight.

Posted by: puppyfeet217 | Oct 15, 2008 6:48:43 PM

What the hell does this situation in Austria have to do with the U.S. election? Some of you are beginning to suggest to me that you are sufficiently mentally-disturbed as to deserve being cell mates with Fritzl.

If you're that loony, it's no wonder that your lives are so unsatisfying. Wacko ignoramuses usually do have trouble becoming successful in life. They can't achieve the necessary focus to earn a degree and establish a career, something that has nothing at all to do with political partisanship.

Posted by: Eleonora27 | Oct 15, 2008 6:55:11 PM

But one thing you are forgetting is that there is no proof that those children are his.

Posted by: monrotus | Oct 15, 2008 7:22:39 PM

How does a PARENT do this sort of thing to their own flesh and blood? When first reading about this story months ago i was extremely repulsed by this man's action's. I'd also like to know how the mother was clueless to all of this going on right under her feet. How could she not have known what was going on down in the basement? I'm sorry but no one is that much of an idiot that they couldn't possibly have any idea what was going on. This carried on for 24 years and this mother was clueless to this? Give me a break already. She's just as guilty as her REPULSIVE disgusting husband.

Posted by: SideSwipe08 | Oct 15, 2008 7:32:19 PM

monrotus - you really have to be trying to provoke a reaction from people and if your not do yourself a favor READ THE DARN STORY or STOP POSTING. Here's a hint DNA of children = his.Let me make this really easy - He fathered all of her children including one that died that he disposed of, he held most of them captive (not grounded)in a secret basement, his kept his daughter there for 24 years while he raped and abused her. IF YOU REALLY POSTED AND DIDN'T READ THE STORY YOU SHOULD BE ASHAMED OF YOURSELF another perfect example of why this world is getting so f...up.

Posted by: AttitudeOfGratitude | Oct 15, 2008 8:00:10 PM

Okay, I will read the story later tonight, but I'm at work right now so I don't have time.

But based on some things you guys have said maybe we shouldn't just forgive him. Its just i know i've had experience where the cops jump to conclusion so I thought we should try to give this man a fair trial inside AND outside the courtroom.

Posted by: monrotus | Oct 15, 2008 8:11:05 PM

I'm sorry but some things are just plain unforgivable. This guy will burn in the fires of hell!

Posted by: jackofall | Oct 15, 2008 8:22:48 PM

Monrotus, where in God's name have you been for the past several months? The entire world is aware of this story and its details! I've been following it in four languages, in the newspapers of six countries!

This man raped his daughter from the time she was 11. Once she turned 18, he forcibly kept her underground for 24 years, while she gave birth to HIS seven children, one of whom died shortly after birth. DNA tests have proved that the children are his. How could they not be, given that she had no access to other men?

This woman, Elisabeth Fritzl, did not see her relatives, her friends, doctors, dentists -- ANYONE, besides her father, for 24 years. She and three of her children, born of forcible incest, lived entirely underground without sunlight and fresh air. The other three were taken upstairs, where the father, Joseph Fritzl, tried to convince his wife that their daughter, Elisabeth, had simply left them on the doorstep, because she was supposedly living in some sort of religious cult. In reality, she was living in an underground prison, in the basement of the apartment building that her father owned.

Monrotus please: do not comment on stories about which you know nothing. Do some serious research before you bother to post at all.

Posted by: Eleonora27 | Oct 15, 2008 8:45:18 PM

Eleonora27, you don't recognize this user name but we've spoken before. Right now, I am LMAO. I am going to go find an OJ story and make a post wondering why everyone is so angry at him. Then I have to find a Hitler story suggesting he didn't get a trial in a court of law so who really knows if he's guilty or not? Some posts just cheer me right up, ya know? =)

Posted by: puppyfeet217 | Oct 15, 2008 9:00:57 PM

So I have now read about 2/3rds of the story and I take back what i said about forgive and forget, it was wrong.

But one thing troubles me is that once the girl reached the age of consent why did she stay with her father?

I would have moved out the day i turned 18 but maybe the culture is different in Australia

Posted by: monrotus | Oct 15, 2008 9:21:08 PM

Monrotus--just please quit posting comments. You are making yourself look ignorant. The daughter COULD NOT just "move out"--she was kept captive! It did not matter what age she was--she had no consent from the time she was kept underground in this man's own personal torture chamber, until she was thankfully found 24 years later. She had no choice. Please read all of any articles you choose to post a comment on. If you need attention that badly, go to a chat room of like-minded immature people.

Posted by: literatepeeps | Oct 16, 2008 6:10:43 PM

It is also worth noting that Austria and Australia are not the same country.

Posted by: Edward Rhodes | Oct 17, 2008 8:28:28 AM

Australia is the continent and Austria is the country.

Posted by: monrotus | Oct 17, 2008 3:41:06 PM

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