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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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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])
AccusedJos de G.
ChargesRape, manslaughter[3]
Trial2 November 2015 – 21 November 2016 (2015-11-02 – 2016-11-21)
VerdictGuilty (rape)
Not guilty (manslaughter)[4]
Sentence5 years' imprisonment[4]

Template:Dutch name

On 6 October 1995, fifteen-year-old Nicole van den Hurk (Dutch pronunciation: [ˈnɪkɔːl vɑn dɛn ˈɦʏrk]) disappeared on her way to work in Eindhoven, in the Dutch province of North Brabant. On 22 November, her body was found in the woods between the towns of Mierlo and Lierop.

In 2011, Van den Hurk's stepbrother confessed to the killing,[5] but was released a month later due to lack of evidence; he later said he had falsely confessed to get her body exhumed for DNA tests.[6] DNA collected from the exhumed remains and from the crime scene led to the arrest of a man identified as Jos de G. (Dutch pronunciation: [ˈjɔs də ˈɣeː]) in January 2014.[7][8] Charged with rape and manslaughter, De G. was acquitted of manslaughter but found guilty of rape in November 2016, and was sentenced to five years' imprisonment.[2]

Background and disappearance

Nicole van den Hurk was born Nicole Tegtmeier on 4 July 1980 in Erkelenz, Germany, to Angelika Tegtmeier. Her biological father was married to another woman. In 1982, Angelika married Dutch singer Ad van den Hurk in Eindhoven, and he was legally recognised as Nicole's father. Ad and Angelika divorced in 1989 and Ad won custody of Nicole.[9][10] In April 1995, Angelika committed suicide in Tilburg.[10] At the time of her disappearance, Nicole was staying at her grandmother's house in Tongelre.[11]

Nicole left her grandmother's house at 05:15 on Friday, 6 October 1995, to cycle to the bakery in Woensel shopping centre [nl], where she was working a holiday job, and never arrived.[12][13] At 18:00, police found her bicycle in the river Dommel. Between then and 17 October, the police searched the river and a nearby forest, and on 19 October, her rucksack was found near Eindhoven's canal; the canal and its south bank were searched the following day. Between 28 and 29 October, these areas were searched again. Nicole's stepfather Ad denied the hypothesis that she had run away to Germany, where her extended family lived. By 20 November, police had received around 300 leads.[1]

On Wednesday, 22 November, a passerby found Nicole's body in the woods between Mierlo and Lierop.[10][14] Her funeral on 28 November was attended by some one thousand mourners.[15] The Openbaar Ministerie (Public Prosecution) believed that she most likely died from a stab wound which caused internal bleeding, but the exact cause of death was never determined.[16]

Investigation

On 24 October 1995, an anonymous caller told police he could identify the killer, but the call ended prematurely. The recording of the call was broadcast on national television in January 1996 in an attempt to trace the caller.[12] Later, the team of detectives was reduced to four.[1][12] In February, a friend of the Van den Hurk family arrested for drug trafficking told police that she had been forced to smuggle heroin by men involved in the killing.[1][17] The police said her story was flawed and was of no help. Meanwhile, Passie magazine offered a reward for details about the killer. Between May and June, Nicole's stepbrother Andy and stepfather Ad were arrested in connection with the killing, and then cleared.[1][12]

In 2004, a cold case team investigated the killing to no avail.[18][19] By 2011, Andy van den Hurk had moved to England. On 8 March, he confessed on Facebook to killing Nicole, and was arrested by British police.[5][20] He was extradited to the Netherlands on 30 March,[21][22] but was released five days later[23] as the Facebook post was the only evidence against him.[24] Later, Andy retracted his confession, saying that he believed his father Ad had raped Nicole and later killed her, which Ad denied;[25][26] in 2016, Andy said that he had falsely confessed in order to revive attention to her death and get her body exhumed for DNA testing.[6]

Nicole's remains were exhumed in September 2011 to allow DNA samples to be obtained.[27] On the same day, the reward for the killer's details was increased from 25,000 guilders to €15,000.[28] Within a week, the police announced that foreign DNA had been found on the remains[28] and had received more than twenty new leads.[29] In January 2014, the police arrested a 46-year-old man identified as Jos de G.[30] after his DNA matched samples found on the remains and at the crime scene.[19][31] De G. had previously been convicted of three rapes, being sentenced to three years preventive detention and compulsory treatment for one of them.[30][31] He was known to have left his ex-girlfriend's home after a fight a few hours before Nicole's disappearance.[32]

Trial

When the case first came to court in April 2014, De G.'s lawyer disputed the DNA evidence, as DNA from other people, including Nicole's ex-boyfriend, was also found on her remains;[32] he argued she may have had consensual sex with De G., had had multiple sexual partners, and may have been pregnant when she died.[33][34] In July, the murder charge against De G. was dropped in favor of manslaughter and rape charges.[3][35] At another hearing in October 2015, De G. denied contact with Nicole at the time of her disappearance, though he may have had consensual sex with her a few days earlier.[36]

De G.'s trial began 2 November 2015.[37] Prosecution experts testified to the DNA evidence.[38] Later in the month, the trial was suspended for two weeks during investigation into a witness's statement that De G. had confessed to killing a girl.[39][40] In a later interview, the witness and another person said De G. had made this confession while the three were in a mental institution together a decade earlier.[40] De G.'s attorney argued this testimony was motivated by the €15,000 reward.[41]

DNA from at least three people was found in a trace of sperm recovered from Nicole's remains.[42] Prosecution experts believed the DNA belonged to her stepbrother Andy, her then-boyfriend, and De G..[6] With experts disagreeing on the reliability of the sample, it was announced in March 2016 that scientists would re-analyse the DNA results using new methods.[6] On 19 April, the court heard that it was 2.28 million times more likely that the DNA belonged to De G. and two others, than to three random people.[43]

On 12 October, the prosecution demanded that De G. receive fourteen years' imprisonment, asserting that De G. could not have had consensual sex with Nicole, arguing that she had no time for a relationship.[16] On 21 November, De G. was found guilty of rape and sentenced to five years' imprisonment.[4] In determining the penalty, the court took into account the finding that De G. was legally insane at the time of the crime.[44] De G. was acquitted of manslaughter on the basis of the possibility that another of the three people whose DNA was found, who was never affirmatively identified, was involved in the death.[4]

See also

References

  1. ^ a b c d e f g Beenen, Carin (17 March 2011). "Chronologisch overzicht moordzaak Nicole van den Hurk". Eindhovens Dagblad (ED.nl) (in Dutch). Netherlands. Retrieved 24 July 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  2. ^ a b "Dit moet je weten over de zaak-Nicole van den Hurk". 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. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  4. ^ a b c d 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. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  5. ^ a b Young, Richard (18 March 2011). "Cold case murder – Stevenage man hands himself in". The Comet/Comet 24 (thecomet.net). Retrieved 25 July 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  6. ^ 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. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  7. ^ "Aanhouding voor 18 jaar oude moord op Nicole van den Hurk". NU.nl (in Dutch). Netherlands. 17 January 2014. Retrieved 23 July 2017.
  8. ^ "Verdachte moord Nicole van den Hurk is tbs'er". NU.nl (in Dutch). Netherlands. 21 January 2014. Retrieved 23 July 2017.
  9. ^ "Ad van den Hurk niet de vader van Nicole". Eindhovens Dagblad (ED.nl) (in Dutch). Eindhoven. 24 May 1996. Retrieved 23 July 2017.
  10. ^ a b c Belleman, Saskia (2 November 2015). "Familie Nicole hoopt op einde lijdensweg". De Telegraaf (telegraaf.nl) (in Dutch). {{cite news}}: |access-date= requires |url= (help); Cite has empty unknown parameter: |dead-url= (help)
  11. ^ "Vrijspraak Jos de G. voor doden Nicole van den Hurk, 5 jaar voor verkrachting". Boevennieuws.nl (in Dutch). Netherlands. 21 November 2016. Retrieved 23 July 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  12. ^ 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.
  13. ^ Het Zesde Zintuig. Season 2. Episode 1 (in Dutch). RTL Nederland (RTL.nl).
  14. ^ "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. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  15. ^ "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. {{cite news}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  16. ^ a b Pieters, Janene (12 October 2016). "Suspect could face 14 years in prison for 1995 rape, murder". NL Times (nltimes.nl). Retrieved 9 August 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  17. ^ Deadline (TROS), 8 February 1996.
  18. ^ "Stoffelijk overschot Nicole van den Hurk vrijgegeven". SIRIS.nl (in Dutch). Netherlands. 11 November 2011. Retrieved 16 August 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  19. ^ a b Newmark, Zack (17 January 2014). "Arrest made in teenage girl's 1995 murder". NL Times (nltimes.nl). Retrieved 4 August 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  20. ^ Kagie, Sandra (18 March 2011). "Verdachte aangehouden in zaak Nicole van den Hurk". Omroep Brabant (omroepbrabant.nl) (in Dutch). Eindhoven. Retrieved 25 July 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  21. ^ 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. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  22. ^ Young, Richard (31 March 2011). "Stevenage man extradited in Dutch murder case". The Comet/Comet 24 (thecomet.net). Retrieved 25 July 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  23. ^ Vossen, Asja (5 April 2011). "Andy van den Hurk op vrije voeten". Omroep Brabant (omroepbrabant.nl) (in Dutch). Eindhoven. Retrieved 25 July 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  24. ^ Janssen, Hans (1 April 2011). "Justitie in beroep: Andy van den Hurk niet vrij". Omroep Brabant (omroepbrabant.nl) (in Dutch). Den Bosch. Retrieved 25 July 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  25. ^ 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. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  26. ^ van Hoof, René (15 April 2011). "Ad van den Hurk ontkent beschuldigingen". Omroep Brabant (omroepbrabant.nl) (in Dutch). Eindhoven. Retrieved 25 July 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  27. ^ Beenen, Carin (9 September 2011). "Lichaam Nicole van den Hurk opgegraven". Eindhovens Dagblad (ED.nl) (in Dutch). Eindhoven. Retrieved 27 July 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  28. ^ a b Beenen, Carin (13 September 2011). "'Doorbraak in zaak Nicole'". Eindhovens Dagblad (ED.nl) (in Dutch). Eindhoven. Retrieved 27 July 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  29. ^ "Ruim twintig nieuwe tips over zaak-Nicole". Eindhovens Dagblad (ED.nl) (in Dutch). Eindhoven. 15 September 2011. Retrieved 27 July 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  30. ^ a b "Jos de G suspected in Van den Hurk murder". NL Times (nltimes.nl). 23 January 2014. Retrieved 4 August 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  31. ^ a b "Van den Hurk murder suspect a repeat offender". NL Times (nltimes.nl). 21 January 2014. Retrieved 4 August 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  32. ^ a b Zech, Maxime (24 April 2014). "Court hears details of cold case murder". NL Times (nltimes.nl). Retrieved 9 August 2017.
  33. ^ Pieters, Janene (2 December 2014). "Defense wants recusal in Nicole van den Hurk murder case". NL Times (nltimes.nl). Retrieved 9 August 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  34. ^ Newmark, Zack (24 December 2014). "Judge bias claim tossed in trial of teen's alleged killer". NL Times (nltimes.nl). Retrieved 9 August 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  35. ^ "OM laat moord vallen in zaak Nicole". De Telegraaf (telegraaf.nl) (in Dutch). Den Bosch. 3 July 2014. Retrieved 23 July 2017.
  36. ^ "Suspect reiterates denial in 1995 rape, murder; Lawyer: Consensual sex possible". NL Times (nltimes.nl). 5 October 2015. Retrieved 9 August 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  37. ^ 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. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  38. ^ Pieters, Janene (9 November 2015). "Murder suspect challenges DNA evidence in teen's 1995 rape, murder". Retrieved 9 August 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  39. ^ Pieters, Janene (12 November 2015). "New witness in 1995 teen girl's murder delays closing arguments". NL Times (nltimes.nl). Retrieved 9 August 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  40. ^ a b Pieters, Janene (13 November 2015). "New witness: De G. confessed to strangling teen girl". NL Times (nltimes.nl). Retrieved 9 August 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  41. ^ Pieters, Janene (20 April 2016). "Journalist ordered to testify in 1995 Nicole van den Hurk murder". NL Times (nltimes.nl). Retrieved 9 August 2017.
  42. ^ Pieters, Janene (31 March 2016). "DNA evidence re-examined in 1995 rape, murder". NL Times (nltimes.nl). Retrieved 9 August 2017.
  43. ^ Pieters, Janene (19 April 2016). "Court hears DNA evidence in 1995 murder". NL Times (nltimes.nl). Retrieved 9 August 2017.
  44. ^ 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.
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