"Jealousy does not prove the fact of murder": attorney of the historian Sokolov and the widow of rapper Cartwright - on the course of high-profile trials

In June 2020, it became known that historian Oleg Sokolov, accused of the murder of his graduate student Anastasia Yeshchenko, refused the services of lawyers Ekaterina Osadchuk and Alexander Pochuev and asked to be represented by Sergei Lukyanov.

In early August, it was revealed that the lawyer would also defend Marina Kohal, who dismembered the corpse of her husband, rapper Andy Cartwright (Alexander Yushko) and was accused of his murder.

In an interview with RT, Sergei Lukyanov said at what stage the high-profile cases are now, and why he believes that there is not enough evidence to accuse the rapper's widow of murder.

- Sergei, at what stage of consideration is the case of the historian Oleg Sokolov, which can probably be called one of the most notorious cases of recent years?

- Now the prosecution presents its evidence. Most of the witnesses have already been questioned, it remains to interrogate about three people, as well as examine the written materials of the case. Then the defense side, that is, we, will move on to presenting their evidence. For now, the matter is at this stage.

- At one of the sessions, Oleg Sokolov's correspondence with his former lover Anastasia Yeshchenko was read openly. You tried to get these correspondences to be read. Why?

- No, this is not entirely reliable information. These correspondences were already in the case and were examined by the investigator. The prosecution should have made them public. But they began to ask to examine the correspondence precisely in a closed session, so that the press would not be present and so that it would not go beyond the walls of the court.

But the process was initially conducted in an open format and there was no reason to make an exception for the investigation of correspondence. In these correspondence there is no data, for example, about intimate life, because of which it would be possible to close the corresponding court session. Therefore, we were against such an exception and the court shared our position.

• Associate Professor of St. Petersburg State University (St. Petersburg State University) Oleg Sokolov, suspected of murdering a graduate student, at a meeting of the Oktyabrsky District Court of St. Petersburg
• © Alexander Galperin / RIA Novosti

- The media reported that you agreed to defend Marina Kohal, who is suspected of dismembering her husband. Have you already communicated with her?

- Now my client is in a pre-trial detention center. When the last time I met her, Marina's condition was bad and depressed from what had happened.

- Why do you think that she was taken into custody without reason?

- She is charged with murder. But in order to accuse a person of murder and, on this basis, take him into custody, it is necessary to substantiate the suspicion of his possible involvement in this. And for this, first of all, it is necessary to establish a crime event that has not been established at the moment.

Moreover, the act of preliminary medical research also states that the cause of death has not been established. Marina Kohal herself testified that she did not kill, that she saw Alexander Yushko already dead. Therefore, it is impossible to talk about the murder and that my client was involved in this. Now we are awaiting the result of the forensic medical examination.

In addition, the fact that Marina Kohal herself applied to the police excludes the fairness of the court's conclusion that she might abscond, which means that the court's decision to detain her on this basis is also illegal. The meeting at which the complaint will be considered will be held on August 26. I am convinced of the loyalty of my position, which we will defend in court.

- According to one version, Marina killed her husband out of jealousy ...

- At the moment, I do not consider it possible and would not like to comment on the circumstances of this criminal case, but I note that if we talk about jealousy as a motive in principle, then jealousy does not prove the fact of the murder. If someone in the family is jealous of someone, which happens quite often in our life, and a person dies a natural death, and since there was jealousy, then they killed? Of course not. There must be strong evidence, which is not yet available. This can be said when the very fact of the murder is established.

• Marina Kohal, accused of the murder of Alexander Yushko, during the election of a preventive measure in the Smolninsky District Court in St. Petersburg
• © Alexander Galperin / RIA Novosti

- On the Internet you are already called a "dismemberment specialist." Is it a coincidence that you are doing two similar cases?

- This category of cases, which you name, does not exist. There is one of the forensic and criminological characteristics of murder - dismemberment. But this is nothing more than one of the nuances of such cases. Therefore, I would not single out such cases in a separate category.

I specialize primarily in criminal cases as such. And they turned to me precisely as a lawyer dealing with criminal cases. So yes, it can be called a coincidence.

I had completely different cases before that: on economic and corruption crimes, on violent crimes, on road accidents, and so on. There were cases that seemed to me and still seem very unusual from a legal point of view and in which good results were achieved.

- Explain what you mean by banal and non-banal cases?

- Cases can be complex and original not only from the point of view of actual circumstances, but also from a legal point of view. There are cases that at first glance seem simple, for example, a theft case, but from the point of view of legal content, such cases can be much more complicated than some high-profile cases covered by the media.

A parallel can be drawn with civil affairs. Some lawyers are proud of the fact that they have won cases worth millions, not 100 rubles. But the cost of the claim is not an indicator at all. And I have never understood and will not understand in this case the quantitative assessment. The cost of a civil lawsuit is absolutely not directly related to the complexity of this case.

The same is true in criminal cases. The small gravity of the crime, the lack of resonance do not mean that the matter is simple. And for such non-trivial cases, it is often necessary to make much more efforts to resolve the legal conflict.

 - Are there any peculiarities in dealing with such clients as Sokolov or Kohal?

- No, I communicate with my clients in the same way, regardless of the case. Everyone has the right to be protected. Exactly everyone. The Constitution makes people equal in the sense that any person is guaranteed qualified legal assistance and the right to defense. As for communication, I just do my job and protect people from illegal and unfounded - in whole or in part - accusations, defend their rights in the course of criminal prosecution.

- How do you feel about the fact that you are doing such specific cases? Do you give free rein to emotions or did you abstract from them like a professional?

- I will give an example of your colleague Ivan Golunov. Imagine that if the lawyer who intervened in Golunov's case said that he would not do this because it is related to drugs, that drugs are a horror, a scourge of the 20th and 21st centuries, that people cannot be defended in such cases at all, and he refuses to lead it for the reason that he has rejection on a personal and emotional level. Would you say that the lawyer is great? Of course not. Because you already see in fact that you cannot say that. And this is how it works in other matters: when we start choosing where and what emotions to experience, the right to protection collapses.