Seized by Murielle Bolle, a key figure in the Grégory affair who seeks to have her custody in 1984 annulled, during which she accused her brother-in-law of abducting the child, the Court of Cassation will rule on February 19th.
The Constitutional Council has given reason to Murielle Bolle. The lawyers of Muriel Bolle, now 49 years old, asked on Tuesday the high magistrates to cancel this custody which had taken place when she was fifteen years old, in conditions judged recently not in conformity with the Constitution by the Constitutional Council.
On 16 November, the "Sages" censored several provisions of the 1945 "juvenile delinquency" ordinance, which then governed the judicial treatment of minors, as drafted at the time. The law did not provide for the presence of a lawyer or notification of the right to remain silent. As a result, the court should logically wipe out any mention of these crucial minutes in this 34-year-old case.
In custody in early November 1984, a few days after the death of four-year-old Grégory Villemin, found in a river in the Vosges on 16 October 1984, Murielle Bolle accused her brother-in-law, Bernard Laroche, of kidnapping Grégory Her presence. She had then repeated her remarks before the investigating judge, before retracting by denouncing the pressure of the gendarmes. Even today, this flip-flop remains at the heart of the investigation.
The accusation favors the thesis of a "collective act" . The Grégory affair experienced a spectacular rebound in June 2017 with the indictments of Murielle Bolle and the couple Jacob, great-uncle and grand-aunt Gregory, for the kidnapping of the child. Canceled afterwards for procedural reasons, these indictments could be re-ordered once Murielle Bolle's appeals have been served.
The prosecution now favors the thesis of a "collective act" with Bernard Laroche. The latter was shot dead by Jean-Marie Villemin, Grégory's father, in 1985.
The lawyer Murielle Bolle, who claims his innocence and that of Bernard Laroche, also asked the Court of Cassation to recognize "proven partiality" of Judge Simon, who investigated between 1987 and 1990. A "bias" against Bolle who "oozes", according to the lawyer, the judge's "notebooks" in the file after his death.