90 Years Old and Dementia: Lawyer Wants to Get Josef F. Out of Prison
Josef F., who was sentenced to life imprisonment in the Amstetten incest case, will turn 90 next Wednesday. Physically, her client is "in good shape" for his age, but his advancing dementia is becoming increasingly noticeable, his legal representative Astrid Wagner told the APA. She therefore wants to arrange for her client, who is currently in the Krems-Stein prison in so-called normal custody, to be transferred to a dementia center.
Lawyer Astrid Wagner: "Josef F. belongs in a dementia center"
The man's mental state is sufficient to cope with everyday life in prison, "but in truth, he needs special therapy," Wagner explained. Recently, Josef F. told her that he had been called by Chancellor Christian Stocker (ÖVP), who instructed him "to take care of the children." Furthermore, Josef F., who watches a lot of TV in his cell, imagines that US President Donald Trump communicates with him through hand signals during press conferences. During his favorite shows - according to Wagner, hit and folk music shows - Josef F. assumes that the applause after performances by artists is meant for him.
Wagner will therefore apply to the Krems Regional Court for her client to be transferred "to a better place," the lawyer announced. If necessary, a psychiatric report must be used to conduct another review of the soon-to-be 90-year-old's mental health. The general department in JA Stein is "certainly not the right place" for an elderly person.
"He wants to live until he gets out of prison"
When asked how Josef F. views his upcoming milestone birthday, the lawyer replied: "He wants to live long. He wants to live until he gets out of prison."
Whether and possibly where Josef F. will be transferred is fundamentally the responsibility of the General Directorate for Penal Services and the Execution of Custodial Measures. The law also provides for official reviews if these appear necessary, for example, for health-medical reasons.
According to the court, Josef F. is "no longer dangerous"
The Krems Regional Court determined last spring that Josef F. "is no longer dangerous, which would require placement in a forensic-therapeutic center." The combined personality disorder relevant for placement in preventive detention has been "buried, so to speak, due to a comprehensive, progressive dementia and physical decline." The danger posed by the 89-year-old has been reduced, and no further criminal acts with serious consequences are expected.
Furthermore, the progression of a chronic dementia condition was assumed. Josef W. was therefore transferred within the JA Stein from preventive detention to a cell in the General Department.
Josef F. sentenced to life imprisonment in 2009
The incest case in Amstetten became known at the end of April 2008. Josef F. (who now has a different name) had kept his daughter imprisoned in a basement dungeon for over 20 years and fathered several children with her. One died after birth. In March 2009, he was sentenced to life imprisonment in St. Pölten, and at the same time, placement in so-called preventive detention was ordered due to his dangerousness according to § 21 paragraph 2 of the Criminal Code. Josef F. was found guilty of murder by omission, slave trade, deprivation of liberty, rape, incest, and severe coercion - thus on all counts.
(APA/Red)
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