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Killing of Nicole van den Hurk

Coordinates: 51°25′37.7″N 5°40′1.63″E / 51.427139°N 5.6671194°E / 51.427139; 5.6671194
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In this Dutch name, the surname is van den Hurk, not Hurk.
Killing of Nicole van den Hurk
Nicole van den Hurk
Datec. 6 October 1995 (body discovered 22 November 1995)
LocationEindhoven, North Brabant, Netherlands
Coordinates51°25′37.7″N 5°40′1.63″E / 51.427139°N 5.6671194°E / 51.427139; 5.6671194
TypeHomicide
SuspectsAndy van den Hurk (1996, 2011)[1]
Ad van den Hurk (1996)[1]
Jos de G. (2014[1]–2016[2])
ConvictedJos de G.
ChargesTrial: Rape, manslaughter[3]
Appeal: Manslaughter
TrialTrial:
2 November 2015 – 21 November 2016 (2015-11-02 – 2016-11-21)
Appeal:
28 August – 9 October 2018 (2018-08-28 – 2018-10-09)
VerdictTrial:
Guilty (rape)
Not guilty (manslaughter)[4]
Appeal:
Guilty (rape and manslaughter)[5]
SentenceTrial: 5 years' imprisonment[4]
Appeal: 12 years' imprisonment

15-year-old Nicole van den Hurk (Dutch pronunciation: [niˈkɔl vɑn də(n) ˈɦʏr(ə)k; - dɛn -]) disappeared on 6 October 1995 in Eindhoven (the Dutch province of North Brabant), the Netherlands. Her body was found in the woods between Mierlo and Lierop on 22 November.[6]

Nicole's stepbrother confessed to the killing and was arrested in 2011, but released five days later due to a lack of evidence.[7][8] He later claimed to have falsely confessed so that her body would be exhumed for DNA tests.[9]

In January 2014, DNA collected from Nicole's remains and the crime scene led to the arrest of a man who had been convicted in other cases with the same modus operandi.[10][11] The man, known as Jos de G. (Dutch pronunciation: [ˈjɔz də ˈɣeː]),[12] was charged with rape and manslaughter. The trial began in 2015 and hinged on expert testimony from DNA analysts.

In November 2016, de G. was convicted of rape but acquitted of manslaughter and sentenced to five years' imprisonment.[5][2] The prosecution appealed the acquittal, and in 2018 de G. was convicted of both rape and manslaughter, increasing his sentence to twelve years.[5][13]

Background and disappearance

[edit]

Nicole van den Hurk was born on 4 July 1980 in Erkelenz, Germany as Nicole Tegtmeier. Her mother, Angelika Tegtmeier, soon entered into a relationship with Ad van den Hurk; The three moved to the Netherlands where Angelika married Ad, and Nicole assumed his surname.

In 1989, Nicole's mother and stepfather divorced, and her stepfather won custody.[14][15] In April 1995, Nicole's mother committed suicide in Tilburg;[15] Nicole was living with her grandmother in Tongelre at the time.[16]

Mierlo/Lierop is located in Netherlands
Mierlo/Lierop
Mierlo/Lierop
class=notpageimage|
Location where Nicole van den Hurk's remains were found.

In October 1995, fifteen-year-old Nicole had been working a seasonal holiday position in Woensel shopping centre [nl]. She began cycling to work in the early hours of Friday, 6 October but never arrived for her shift.[6][17] At 18:00 that day, police found her bicycle in the river Dommel, and on 19 October her rucksack was found near Eindhoven's canal.[6] Police began a search of the canal and its south bank the following day. By 20 November, police had received hundreds of tips.[1]

On Wednesday, 22 November, a passerby found Nicole's body in the woods between Mierlo and Lierop.[6][15][18] Approximately one thousand people attended her funeral on 28 November.[19] Her autopsy revealed a fatal stab wound to the ribs, two jaw fractures, and other injuries to the head and fingers.[20]

Investigation

[edit]

On 24 October 1995, an anonymous man called police claiming he could identify the killer, but the call ended prematurely. A recording of the call was broadcast on national television in January 1996 in an attempt to find the caller.[17] Later, the team of detectives was reduced to four.[1][17]

In February, a friend of the van den Hurk family (who was under arrest for drug trafficking) claimed to have been forced to smuggle heroin by men involved in the killing.[1][21] The police said his testimony was flawed and provided nothing meaningful to the investigation.

Passie magazine offered a reward for details about the killer. Between May and June, Nicole's stepbrother and stepfather were arrested in connection with the killing, but later cleared.[1][17]

Stepbrother's confession

[edit]

In 2004, a cold case team investigated the killing to no avail.[22][23] By 2011, Nicole's stepbrother Andy had moved to England. On 8 March he confessed to the killing in a Facebook post and was arrested by British police.[7][24] He was extradited to the Netherlands on 30 March[25][7] but released five days later as the Facebook post was the only evidence against him.[8][6][26] He later retracted his confession, instead accusing his father.[27][28] In a 2016 interview, Andy claimed to have falsely confessed to the killing so that Nicole's body would be exhumed for DNA testing.[9]

In early 2011, after Andy's confession, a new cold case team was assigned to investigate.[6] Nicole's remains were exhumed in September to collect new DNA samples.[29] The reward for details about the killing was increased from ƒ25,000 NLG (€11345 EUR) to €15,000 EUR. Within a week, the police announced that foreign DNA had been found on the remains[30] and that they had received more than twenty new tips regarding the case.[31]

Research

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The prosecution's case was founded on test results from physical evidence and investigation of persons of interest. The evidence in the case comprised:[6]

Suspect identification

[edit]

The DNA evidence from the remains revealed two distinct male profiles; One belonged to van den Hurk's boyfriend, and the other to an unidentified male.[6] The cold case team connected the case to a similar one in September 2000 where a young woman in Valkenswaard was taken from her bicycle and raped at knifepoint. The perpetrator of that case was convicted in 2001. The similarities between the cases led the detectives to compare a DNA sample from that case to the DNA profiles obtained from van den Hurk's remains.[6][32]

On 14 January 2014, the police arrested a 46-year-old man whose DNA matched samples found on the remains and at the crime scene.[6][23][33][34] The semen DNA profile and the mtDNA profile of the hair found on the victim's jacket both matched with the suspect.[6] The suspect—known by the pseudonym Jos de G. due to a privacy code commonly accepted by Dutch media—was previously convicted of three rapes and had been sentenced to three years preventive detention and compulsory treatment for one of them.[33][34] He was known to have left his ex-girlfriend's home after a fight a few hours before van den Hurk's disappearance.[32]

DNA analysis

[edit]

The DNA sample obtained from van den Hurk's remains was the prosecution's main piece of evidence in the 2015 trial. However, it was also used by the defence as evidence against the manslaughter charges due to uncertainty surrounding the number of DNA profiles present in the samples.

Collection of DNA samples

[edit]

In 1995, van den Hurk's body was outside for nearly 7 weeks before being found. Three DNA samples were collected from her remains; two on the genital area and one on her underwear. These DNA samples were considered to be at high risk of contamination due to decomposition caused by exposure to bacteria and natural elements, and primitive DNA collection techniques of the time.[6]

Analysis by experts

[edit]

Several DNA analysis experts from different forensic institutes were asked to research the complex mixed DNA samples for the 2014 trial, namely:[6]

These experts presented their conclusions during the trial and were examined about their findings.

The experts utilised various computer programs which analyse DNA profiles using statistical methods in a process called probabilistic genotyping. These programs included:[6]

  • TrueAllele, developed by Cybergenetics,
  • LRmix Studio and MixCal, developed by the Netherlands Forensic Institute, and
  • STRmix, developed by J.S. Buckleton and colleagues at the Institute of Environmental Science and Research.

Test results

[edit]

The three DNA samples were analysed by the experts, but the results were inconclusive as the samples contained a complex mix of DNA profiles. The samples contained two clear distinctive DNA profiles from two males—believed by experts to be matches to de G. and van den Hurk's then-boyfriend— and some peaks that did not conclusively match either.[6]

The issues with the DNA analysis led to speculation about another suspect that could exonerate de G. The DNA experts deliberated for years before coming to a conclusion, during which time wild speculations were made by the media, the defence team and the prosecution. The explanation from the experts about the inconclusive test results was misinterpreted by many as evidence for a "third DNA profile"; Nicole's stepfather and stepbrother were accused of being involved.[citation needed]

Trial conclusion and appeal

[edit]

The DNA analysis concluded that the DNA samples contained two distinct DNA profiles and a set of peaks which were inconclusive. The court came to the conclusion that, beyond a reasonable doubt, the two distinctive profiles were from Jos de G. and van den Hurk's then-boyfriend. Two possible explanations for the presence of the peaks were presented:[6]

  1. Contamination and DNA degradation, or
  2. One or more contributors to the samples other than de G., van den Hurk, or her boyfriend.

The uncertainty about the peaks would take years to be resolved, and would eventually be the basis for the prosecution's appeal.

During the appeal, the Dutch Supreme Court concluded that the second explanation was highly unlikely based on the evidence from the tactical investigations and forensic research of the case. Therefore, the possibility of other contributors to the DNA samples was eventually rejected by the Supreme Court on 21 April 2020.[6]

Trial

[edit]

Court Proceedings

[edit]

When the case first went to court in April 2014, de G.'s lawyer disputed the DNA evidence since DNA from others, such as van den Hurk's ex-boyfriend, was also found on her remains.[35] The defence argued that van den Hurk may have had consensual sex with multiple partners including de G., and that she could have been pregnant when she died.[36][37]

In July 2014, the parquet (public prosecution) dropped the murder charge against de G. in favour of manslaughter and rape charges.[3][38]

At a hearing in October 2015, de G. claimed to have never met van den Hurk and denied having contact with her at the time of her disappearance. Due to the hard evidence against this statement, the suspect and his defence team argued that de G. may have had consensual sex with van den Hurk a few days before her disappearance and did not remember.[6][39]

Trial

[edit]

"He looked at me with those cold eyes and said he killed a girl", the first witness told the newspaper. De G. told the witness that he had sex with the girl and she laughed about the size of his penis. He killed her because she ridiculed him.

NL Times, November 2015

De G.'s trial began on 2 November 2015.[40] Prosecution experts testified to the DNA evidence.[41] Later that month, the trial was suspended for two weeks during investigation into a witness's statement that de G. had confessed to killing a girl.[42][43] In a later interview, that witness and another said that de G. had made this confession while they were patients in a mental institution a decade earlier.[43] De G.'s attorney argued this testimony was motivated by the €15,000 reward.[44]

A trace of semen containing DNA from at least two persons—believed by experts to be de G., van den Hurk's then-boyfriend and possibly a third suspect—had been found on her remains.[9][45] With experts disagreeing on the reliability of the sample and the conclusions that could be drawn from the test results, it was announced in March 2016 that scientists would re-analyse the DNA results using new methods.[9]

On 19 April 2016, the court heard that it was 2.28 million times more likely than not that de G. was one of the people whose DNA was found on the remains.[46]

Verdict

[edit]

On 12 October 2016, the prosecution demanded that de G. be sentenced to fourteen years' imprisonment, asserting that he could not have had consensual sex with van den Hurk as she had no time for a second relationship.[47]

On 21 November 2016, de G. was found guilty of rape, but acquitted of manslaughter on the basis that there could another suspect due to the inconclusive DNA analysis.[6] The court sentenced him to five years' imprisonment.[4] In determining the sentence, the court considered that he was deemed legally insane at the time of the crime.[48]

Appeal and Supreme Court decision

[edit]

The public prosecution appealed the manslaughter acquittal shortly after the trial ended.[49] The appeal case began on 28 August 2018.[20][50] On 29 August, the prosecution demanded a sentence of fourteen years' imprisonment as they had done in the initial trial.[51] On 9 October, the acquittal was overturned and de G. was sentenced to twelve years' imprisonment for the rape and manslaughter of van den Hurk.[13] The sentence was upheld by the Supreme Court on 16 June 2020.[52]

See also

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References

[edit]
  1. ^ a b c d e f g Beenen, Carin (17 March 2011). "Chronologisch overzicht moordzaak Nicole van den Hurk" [Timeline of Nicole van den Hurk murder case]. Eindhovens Dagblad (ED.nl) (in Dutch). Netherlands. Retrieved 24 July 2017.
  2. ^ a b "Dit moet je weten over de zaak-Nicole van den Hurk" [Here's what you need to know about the Nicole van den Hurk case]. NU.nl (in Dutch). Netherlands. 21 November 2016. Retrieved 23 July 2017.
  3. ^ a b Newmark, Zack (4 July 2014). "Homicide charge dropped in Van Den Hurk murder". NL Times (nltimes.nl). Retrieved 9 August 2017.
  4. ^ a b c Newmark, Zack (21 November 2016). "Jos de G. guilty of rape, not murder in '95 death of Nicole van den Hurk". NL Times (nltimes.nl). Retrieved 9 August 2017.
  5. ^ a b c "Dood Nicole van den Hurk" [Death of Nicole van den Hurk]. www.rechtspraak.nl (in Dutch). Retrieved 11 January 2023.
  6. ^ a b c d e f g h i j k l m n o p q r s Raad voor de Rechtspraak (21 April 2020). "Conclusie AG. Cold case: de verkrachting en doodslag van Nicole van den Hurk in 1995". linkeddata.overheid.nl (in Dutch). Retrieved 11 January 2023 – via Rechtspraak.nl.
  7. ^ a b c Young, Richard (18 March 2011). "Cold case murder – Stevenage man hands himself in". The Comet/Comet 24 (thecomet.net). Archived from the original on 29 July 2017. Retrieved 25 July 2017.
  8. ^ a b Vossen, Asja (5 April 2011). "Andy van den Hurk op vrije voeten" [Andy van den Hurk at large]. Omroep Brabant (omroepbrabant.nl) (in Dutch). Eindhoven. Archived from the original on 15 December 2019. Retrieved 25 July 2017.
  9. ^ a b c d Maas, Amy (10 April 2016). "Dutch police turn to Kiwi scientists to help solve 1995 cold case". Stuff.co.nz. New Zealand. Retrieved 25 June 2017.
  10. ^ "Aanhouding voor 18 jaar oude moord op Nicole van den Hurk" [Arrest made in 18-year-old murder case]. NU.nl (in Dutch). Netherlands. 17 January 2014. Retrieved 23 July 2017.
  11. ^ "Verdachte moord Nicole van den Hurk is tbs'er" [Nicole van den Hurk murder suspect is psychiatric patient]. NU.nl (in Dutch). Netherlands. 21 January 2014. Retrieved 23 July 2017.
  12. ^ DBNL. "N.N., Cees H., Willem Holleeder Moeten verdachten met initialen worden aangeduid? Frank J., Onze Taal. Jaargang 83". DBNL (in Dutch). Retrieved 11 January 2023.
  13. ^ a b "In hoger beroep 12 jaar cel voor verkrachten en doden Nicole van den Hurk" [On appeal, 12 years in prison for raping and killing Nicole van den Hurk]. www.nu.nl (in Dutch). 9 October 2018. Retrieved 9 October 2018.
  14. ^ "Ad van den Hurk niet de vader van Nicole" [Ad van den Hurk not the father of Nicole]. Eindhovens Dagblad (ED.nl) (in Dutch). Eindhoven. 24 May 1996. Retrieved 23 July 2017.
  15. ^ a b c Belleman, Saskia (2 November 2015). "Familie Nicole hoopt op einde lijdensweg" [Nicole's family hope for end to agony]. De Telegraaf (telegraaf.nl) (in Dutch).
  16. ^ "Vrijspraak Jos de G. voor doden Nicole van den Hurk, 5 jaar voor verkrachting" [Jos de G. acquitted of manslaughter of Nicole van den Hurk, gets 5 years for rape]. Boevennieuws.nl (in Dutch). Netherlands. 21 November 2016. Archived from the original on 10 August 2017. Retrieved 23 July 2017.
  17. ^ a b c d Graven, Henrieke (18 March 2011). "De zaak Nicole van den Hurk op een rij". Omroep Brabant (omroepbrabant.nl) (in Dutch). Eindhoven. Retrieved 24 July 2017.
  18. ^ "Na 21 jaar komt OM met strafeis in moordzaak Nicole van den Hurk". Nederlandse Omroep Stichting (NOS.nl) (in Dutch). Netherlands. 12 October 2016. Retrieved 25 July 2017.
  19. ^ "Belangstelling uitvaart Nicole enorm". Eindhovens Dagblad (ED.nl) (in Dutch). Eindhoven. 29 November 1995. Archived from the original on 21 February 2014. Retrieved 23 July 2017.
  20. ^ a b van Rooij, Bart-Jan (28 August 2018) [28 August 2018]. "Alles draait om het bewijs in hoger beroep in zaak Nicole van den Hurk". www.ed.nl (in Dutch). Eindhoven, NL. Archived from the original on 29 August 2018. Retrieved 29 August 2018.
  21. ^ Deadline (TROS), 8 February 1996.
  22. ^ "Stoffelijk overschot Nicole van den Hurk vrijgegeven". SIRIS.nl (in Dutch). Netherlands. 11 November 2011. Retrieved 16 August 2017.
  23. ^ a b Newmark, Zack (17 January 2014). "Arrest made in teenage girl's 1995 murder". NL Times (nltimes.nl). Retrieved 4 August 2017.
  24. ^ Kagie, Sandra (18 March 2011). "Verdachte aangehouden in zaak Nicole van den Hurk". Omroep Brabant (omroepbrabant.nl) (in Dutch). Eindhoven. Retrieved 25 July 2017.
  25. ^ Vermonden, Ronnie (30 March 2011). "Zaak Nicole van den Hurk: stiefbroer Andy in Nederland". Omroep Brabant (omroepbrabant.nl) (in Dutch). Eindhoven. Retrieved 25 July 2017.
  26. ^ Janssen, Hans (1 April 2011). "Justitie in beroep: Andy van den Hurk niet vrij" [Justice on appeal: Andy van den Hurk not free]. Omroep Brabant (omroepbrabant.nl) (in Dutch). Den Bosch. Archived from the original on 29 July 2017. Retrieved 25 July 2017.
  27. ^ Spierts, Twan (15 April 2011). "Andy van den Hurk: 'Nicole was zwanger toen ze werd vermoord'". Omroep Brabant (omroepbrabant.nl) (in Dutch). Eindhoven. Retrieved 25 July 2017.
  28. ^ van Hoof, René (15 April 2011). "Ad van den Hurk ontkent beschuldigingen". Omroep Brabant (omroepbrabant.nl) (in Dutch). Eindhoven. Retrieved 25 July 2017.
  29. ^ Beenen, Carin (9 September 2011). "Lichaam Nicole van den Hurk opgegraven". Eindhovens Dagblad (ED.nl) (in Dutch). Eindhoven. Retrieved 27 July 2017.
  30. ^ Beenen, Carin (13 September 2011). "'Doorbraak in zaak Nicole'". Eindhovens Dagblad (ED.nl) (in Dutch). Eindhoven. Retrieved 27 July 2017.
  31. ^ "Ruim twintig nieuwe tips over zaak-Nicole". Eindhovens Dagblad (ED.nl) (in Dutch). Eindhoven. 15 September 2011. Retrieved 27 July 2017.
  32. ^ a b Zech, Maxime (24 April 2014). "Court hears details of cold case murder". NL Times (nltimes.nl). Retrieved 9 August 2017.
  33. ^ a b "Jos de G suspected in Van den Hurk murder". NL Times (nltimes.nl). 23 January 2014. Retrieved 4 August 2017.
  34. ^ a b "Van den Hurk murder suspect a repeat offender". NL Times (nltimes.nl). 21 January 2014. Retrieved 4 August 2017.
  35. ^ Zech, Maxime (24 April 2014). "Court hears details of cold case murder". NL Times (nltimes.nl). Retrieved 9 August 2017.
  36. ^ Pieters, Janene (2 December 2014). "Defense wants recusal in Nicole van den Hurk murder case". NL Times (nltimes.nl). Retrieved 9 August 2017.
  37. ^ Newmark, Zack (24 December 2014). "Judge bias claim tossed in trial of teen's alleged killer". NL Times (nltimes.nl). Retrieved 9 August 2017.
  38. ^ "OM laat moord vallen in zaak Nicole". De Telegraaf (telegraaf.nl) (in Dutch). Den Bosch. 3 July 2014. Retrieved 23 July 2017.
  39. ^ "Suspect reiterates denial in 1995 rape, murder; Lawyer: Consensual sex possible". NL Times (nltimes.nl). 5 October 2015. Retrieved 9 August 2017.
  40. ^ Pieters, Janene (2 November 2015). "Nicole van den Hurk murder case in court 20 years after crime". NL Times (nltimes.nl). Retrieved 9 August 2017.
  41. ^ Pieters, Janene (9 November 2015). "Murder suspect challenges DNA evidence in teen's 1995 rape, murder". Retrieved 9 August 2017.
  42. ^ Pieters, Janene (12 November 2015). "New witness in 1995 teen girl's murder delays closing arguments". NL Times (nltimes.nl). Retrieved 9 August 2017.
  43. ^ a b Pieters, Janene (13 November 2015). "New witness: De G. confessed to strangling teen girl". NL Times (nltimes.nl). Retrieved 9 August 2017.
  44. ^ Pieters, Janene (20 April 2016). "Journalist ordered to testify in 1995 Nicole van den Hurk murder". NL Times (nltimes.nl). Retrieved 9 August 2017.
  45. ^ Pieters, Janene (31 March 2016). "DNA evidence re-examined in 1995 rape, murder". NL Times (nltimes.nl). Retrieved 9 August 2017.
  46. ^ Pieters, Janene (19 April 2016). "Court hears DNA evidence in 1995 murder". NL Times (nltimes.nl). Retrieved 9 August 2017.
  47. ^ Pieters, Janene (12 October 2016). "Suspect could face 14 years in prison for 1995 rape, murder". NL Times (nltimes.nl). Retrieved 9 August 2017.
  48. ^ van Rooij, Bart-Jan (22 November 2016). "Toch nog hoop op 'meer' bij familie Nicole van den Hurk". Eindhovens Dagblad (ED.nl) (in Dutch). Eindhoven. Retrieved 23 July 2017.
  49. ^ "Prosecutor appeals sentence in 1995 rape, murder". NL Times. 29 November 2016. Retrieved 29 August 2018.
  50. ^ "Hoger beroep zaak Nicole van den Hurk: verdachte Jos de G. 'ik vecht voor mijn onschuld'". www.ed.nl (in Dutch). 28 August 2018. Retrieved 29 August 2018.
  51. ^ "Eis: veertien jaar cel Jos de G. voor doodslag en verkrachting Nicole van den Hurk". www.ed.nl (in Dutch). 29 August 2018. Retrieved 29 August 2018.
  52. ^ "De moordenaar van Nicole van den Hurk krijgt definitief 12 jaar cel". Hart van Nederland. Retrieved 6 October 2020.
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