When reporting on this trial, which began on February 8, 2021, it is important not to judge the child’s parents prematurely and, preferably, to wait for the verdict, because the case is certainly difficult. This is the opinion of specialist lawyer Wojciech Kasprzyk.
– The situation in which Kacperek’s parents have found themselves is certainly not simple – says Wojciech Kasprzyk. – On the one hand, we have the tragedy of a child, and on the other, that of a parent. Under the applicable provisions of the Criminal Code, anyone who unintentionally causes the death of another person is subject to imprisonment for between three months and five years. The question is whether the child’s death was caused intentionally or unintentionally. If the prosecutor proves intent, the penalty is imprisonment for no less than eight years; it may be 25 years or even life imprisonment – the lawyer explains.
The lawyer adds that it should be remembered that, according to the Jelenia Góra District Prosecutor’s Office, forensic medical experts detected traces of methamphetamine or other psychoactive substances in the child’s body.
– Have all the circumstances of the case been proven? – lawyer Kasprzyk wonders while commenting on the case. – Are there perhaps facts that could change the course of the proceedings before the court? Let us remember that it has more than once been proven in court that the truth was different from what the media reported, while people wanted to lynch the accused. Let us not judge prematurely; let us wait for the verdict. The case is certainly difficult – says Kasprzyk, who some time ago defended Dominik K. in a high-profile murder case.
Kacperek’s mother has become an auxiliary prosecutor. The woman is experiencing the trial very deeply.
– There are hearings throughout February – says Joanna Wacyk. – Today’s is the first. I am prepared for anything to happen. I am afraid that I may see something I would not want to see, such as Kacperek’s clothes or photographs from the scene. Throughout all these months, I have wondered what it would be like when the day of the first hearing arrived. Will I be able to listen once again to the description of the entire day of April 27? After hearing all the witnesses, will I draw different conclusions? As an auxiliary prosecutor, I have the right to ask questions of the witnesses and Rafał. I intend to use this privilege if necessary. I have to see this case through to the end, because I will not find peace; it keeps coming back to me – says Joanna Wacyk.
The mother also addresses whether she considers Rafał B. guilty.
– Some media outlets wrote that I stand firmly behind Rafał – says Joanna. – In fact, I stand firmly behind justice. I defended Rafał when he was accused of hurting Kacperek. People invented that he had sold him, exchanged him... I was and remain certain that Rafał would never have done anything to harm his son. I never said that Rafał is innocent. He is guilty because he failed to look after him; he is guilty of the fact that our child is no longer alive. For me, no sentence will be adequate to this act, because no sentence will bring Kacperek back. And Rafał is already being punished with a punishment no parent would want to experience: he lives with the awareness that his own child died because of him. Rafał is suffering terribly, I know that, but no sentence will satisfy me – the mother adds.
The first hearing took place on Monday, February 8, at the District Court in Bolesławiec. We covered Kacperek’s case extensively in many articles, up to the tragic finale: the discovery of the child’s body in the Kwisa River.