Latest / Shades of Murder / 61: Devil Monster of France - The Story of Lola Daviet
Transcript
- 0:03On October 14th, 2022, in a building courtyard in Paris,
- 0:07France, a homeless man stumbled upon a large black trunk.
- 0:11The horrific sight that lay inside would haunt him and the
- 0:15most experienced of officers. Investigation into this
- 0:20mysterious, grisly death would lead to an unusual suspect whose
- 0:24actions shocked and enraged an entire country.
- 0:28Who was this victim? And who was the monster who had
- 0:32murdered them and stuffed their body inside a plastic box?
- 1:14Hello and welcome to Shades of Murder.
- 1:17I am your host Alita Caldwell. In this podcast, I discuss cases
- 1:22of murder from around the world and throughout history,
- 1:26attempting to unravel the layers of darkness that help make
- 1:30humans and monsters. Please be forewarned that each
- 1:36episode contains specific and at times very graphic and
- 1:40disturbing details of the case. This show is not intended for
- 1:43all audiences and listener discretion is strongly advised.
- 1:48Some stories make us believe in the existence of evil.
- 1:53When there is no diagnosis of a severe mental illness or a
- 1:57nightmarish childhood background to grasp the barbaric actions of
- 2:03an offender, what else is left besides viewing them solely as a
- 2:09monster? The depths of depravity in the
- 2:12void of emotion portrayed by the perpetrator can only be
- 2:16explained by the unexplainable darkness of another soul.
- 2:22This is the story of the devil monster of France, Dabia
- 2:27Binquered. Paris is an absolutely
- 2:30mesmerizing city. The capital of France is known
- 2:33by many, particularly by its residents as the New York City
- 2:38of Europe. Paris is truly a remarkable
- 2:40place full of centuries old buildings, astonishing museums
- 2:44and breathtaking landmarks. The Arandas men's or districts
- 2:49are lined with unique shops and picture perfect St. cafes.
- 2:54Paris has long been on my bucket list and the year before this
- 2:58horrible tragedy occurred, I took myself there to celebrate
- 3:01earning a degree. Even though it was still in the
- 3:04midst of the great pandemic, I made the most of my journey and
- 3:09loved the experience. I have never been to New York
- 3:12City, but I can only imagine it holds the same kind of feverish
- 3:17global energy that Paris does. It was in December, mind you,
- 3:21but the streets were still crowded and flourishing with
- 3:24people everywhere. The roads were riddled with
- 3:27traffic jams and pedestrians ignoring the lights running
- 3:31around the taxis to reach the next block.
- 3:34There's an undeniable magnetic International Energy there with
- 3:39every imaginable kind of culture represented.
- 3:42My lifelong association with Paris being the height of
- 3:45fashion did not let me down. Everyone was very fashionable
- 3:48and classy in an effortless way. The people are also much warmer
- 3:53and friendlier than other cultures, often to pick them as
- 3:57the French simply have more manners and are quiet and they
- 4:01expect the same in return. I barely spoke any French and my
- 4:06phone would not work outside the country.
- 4:09I walked everywhere with a local map and just my visual sense of
- 4:13direction, which thanks to hiking in the woods with my
- 4:16boyfriend over the years, had significantly improved.
- 4:20I would just leisurely stop and eat and explore whenever I felt
- 4:24like it. Something about the people and
- 4:26the places I've visited made me feel very welcome and relaxed,
- 4:31as if it could be my second home.
- 4:33I've been waiting more than three years to discuss this case
- 4:38for most of my long time listeners.
- 4:40You probably have noticed that I don't cover cases that have not
- 4:44been handled within the criminal justice system unless they are
- 4:48murders which remain unsolved or there has been injustice for the
- 4:52victim and their family. I prefer not to cover cases that
- 4:56I feel are incomplete. That is, no one has been held
- 4:59accountable for the crime. Many podcasts have covered this
- 5:03case, but not in its entirety because it was only in October
- 5:08of this year that the story came to some kind of closure.
- 5:13Harris is a sprawling, massive metropolitan city divided into
- 5:1720 diverse and unique air endorsements or districts.
- 5:21Like any large urban city, sections and districts are known
- 5:24for being more appealing and safer than others.
- 5:27The 19th Erdosmund, where this story takes place, is known for
- 5:31being somewhat sketchy, although it does have its lovely quiet
- 5:35parts, especially for families. It has also been associated with
- 5:39a lot of petty crimes and drug trafficking.
- 5:42That is more of a cautionary tale for tourists rather than
- 5:44its residents, though, and most never encounter any problems.
- 5:49This is one of those stories that serves as a reminder that
- 5:53although stranger danger is extremely rare, when it does
- 5:57occur it often unfolds into a parent's worst nightmare.
- 6:01On the afternoon of October 14th, 2020, two 12 year old
- 6:04schoolgirl Lola Devier disappeared.
- 6:08Her parents expected her home after middle school, which was
- 6:10only a short walk away. When she never returned, they
- 6:14immediately sensed something was wrong.
- 6:16Lola was a darling and very responsible young girl.
- 6:20She was respectful and considerate to her parents and
- 6:23would never have just run off without telling them.
- 6:26Lola's parents were concierge or caretakers of the residential
- 6:29building where the family lived. They immediately contacted the
- 6:32police and reported their daughter missing.
- 6:34Officers began searching around the communal areas of the
- 6:37apartment complex. Since her father was the
- 6:39caretaker of the building. He immediately began reviewing
- 6:42the CCTV footage. At 3:15 PM, he watched as his
- 6:46daughter Lola entered the building with an unknown woman.
- 6:49Lola appeared to be helping the woman inside with some heavy
- 6:52luggage. Then he watched in horror when
- 6:55less than two hours later, at 4:59 PM, this same woman, now
- 7:00wearing different clothing, was carrying two pink suitcases, one
- 7:03which she used to prop open the door.
- 7:06The woman left and within a few minutes she was seen awkwardly
- 7:09dragging a heavy black trunk covered in a blanket down the
- 7:13hallway towards the lobby. What if the neighbors even
- 7:16helped hold the door open for her?
- 7:19Only a few hours later, a homeless man walking in the
- 7:22courtyard of the building stumbled upon what appeared to
- 7:25be a plastic trunk. He opened it to see what lay
- 7:28inside. The man was horrified at what he
- 7:31saw. Underneath some layers of
- 7:32clothes appeared to be a child. The man immediately contacted
- 7:39the authorities. When investigators arrived at
- 7:42the scene, they were not prepared for the disturbing and
- 7:44brutal sight of 12 year old Lola Davia's corpse.
- 7:50She was nude and had multiple deep gashes and cuts on her
- 7:53body. The young girl's face was
- 7:56covered in duct tape. The once vanished child had now
- 8:00become a victim of an atrocious murder.
- 8:03A forensic pathologist would determine that the official
- 8:06cause of death was cardio respiratory failure due to
- 8:09asphyxiation and cervical compression.
- 8:12Many large cuts have been made to the girl's face and back.
- 8:16Her neck had been sliced so deeply by a bladed weapon that
- 8:20her head was partially severed. The girl had also been a victim
- 8:24of brutal sexual assault. Witnesses at the scene told the
- 8:28police that they saw the woman leave the building around 5:00
- 8:30PM carrying a large trunk which she stuffed inside a friend's
- 8:34car. Another witness said the suspect
- 8:36had offered him money to assist her in moving the trunk.
- 8:39CCTV footage collected from a nearby bar on Rouman in minutes
- 8:44after she left the building showed the same woman with two
- 8:47very heavy suitcases casually sitting at a table.
- 8:50In a bizarre and brazen moment, a man whom she was talking to on
- 8:54the street sits down at the table with her.
- 8:57He asks her what's inside the trunk to what She tells him she
- 9:01is selling kidneys and encourages him to look inside.
- 9:05At one point the woman does open the trunk and pairs inside.
- 9:08It was later realized that she was looking at Lula Davi's body.
- 9:13The man didn't think too much about the weird transaction he
- 9:16had with the stranger at the time, but then hours later he
- 9:19heard about the grisly news about a 12 year old girl being
- 9:23found deceased inside an eerily similar looking trunk.
- 9:26He immediately contacted the police and reported the odd
- 9:29encounter he had with a woman at the cafe.
- 9:32Investigators soon learned that the sister of the suspect lived
- 9:35at the same building complex. When they entered the apartment,
- 9:39they discovered what they believed to be the weapons used
- 9:42in the crime. There were a pair of scissors
- 9:45and oyster knife, which is what it sounds it should be used for
- 9:48to shock open an oyster and what was described as an IKEA knife.
- 9:52They were all spatter with blood.
- 9:54The CCTV footage in the area along with witness statements
- 9:58and phone records LED investigators to locate the
- 10:01suspect slightly before 8:00 AM the morning after the heinous
- 10:05murder of this young girl. The suspect was handed at a
- 10:08friend's house in Wah Colombs, a suburb of Paris. 3 suspects, in
- 10:14addition to the murder suspect, were arrested and held in
- 10:17custody. One man and one woman,
- 10:20identified as the main suspect's older sister, was later released
- 10:24without charges. An older man who was suspected
- 10:27of sheltering the suspect remained in custody.
- 10:31It was later learned that the man was a friend of the suspect.
- 10:34She had persuaded him to drive her, the two suitcases and the
- 10:37trunk back to his home. According to this man, Dabia
- 10:41Binka Red, the suspect took a chauffeur driven car, which the
- 10:46man had arranged for her, back to the residential building,
- 10:49where he had picked her up with the trunk.
- 10:51When officers brought her older sister Frija in for an
- 10:54interview, she told police that her sister was unemployed and
- 10:57homeless. She lived with a friend outside
- 11:00of Paris, but sometimes she let her younger sister stay at her
- 11:03apartment with her. Debbie's sister told
- 11:05investigators that her younger sister always had trouble
- 11:08fitting in, and during the last month she had started
- 11:11sleepwalking. She said that she would wake up
- 11:14and say strange, incoherent things.
- 11:17Frija described her sister as being bipolar, even calling her
- 11:21a bad seed. She claimed not to know anything
- 11:24about the crime and was later released without facing any
- 11:28charges. On several occasions, a witness
- 11:30referred to as Mr. K noticed the suspect hanging out.
- 11:34She was known around the 19th Eridasmund for begging.
- 11:38W would call it to passerby, sometimes asking them for a
- 11:41cigarette, other times trying to scrounge up a few coins.
- 11:44He did not know the woman personally, but he saw her from
- 11:47time to time and wondered whether she might be a little
- 11:50unstable, even a little unhinged.
- 11:54The suspect in the murder of 12 year old Lola Davie was
- 11:57identified as 24 year old Dabia Binqueret.
- 12:01The main suspect was held in custody for 48 hours before
- 12:05being brought before the Parisian Judicial Court.
- 12:08During this period, she was interviewed 6 times by the
- 12:12police. The first three interviews
- 12:14yielded nothing for investigators.
- 12:17The suspected killer swore that she was not involved in any way
- 12:21with the assault and murder of the young French girl.
- 12:24When investigators first brought Dabia Binkirit into the
- 12:28interrogation room, they showed her grotesque, disturbing
- 12:32pictures of the young girl's corpse.
- 12:35The only thing she said was again after each photo, when the
- 12:40gendarmerie or Parisian police shot the suspect.
- 12:43Pictures of Lola's mutilated dead body, she said.
- 12:47And I quote, I too was raped and I saw my parents die in front of
- 12:51me. It is unknown whether her claims
- 12:54were ever true. Dabia Binky Red initially flat
- 12:58out denied being involved and kept repeating to investigators.
- 13:01I don't want to answer you. Then she began telling them
- 13:05events that were contradictory with one another.
- 13:07And we're not at all convincing. The suspect offered far fetched,
- 13:12bizarre versions of what happened that day.
- 13:15However, something in the interrogation room shifted, and
- 13:19during the fourth interview, Dabia Binka Red broke her
- 13:23silence before confessing. She looked at the investigators
- 13:26and smiled, telling them I've always wanted to be a police
- 13:29officer. According to the suspect's
- 13:33confession, the following sequence of events occurred on
- 13:36the afternoon of October 14th, 2022.
- 13:40She had woken up that morning around 10 or 11, had breakfast
- 13:43with her older sister at her apartment, and then she went for
- 13:47a walk. She just walked aimlessly and
- 13:49ended up on the metro towards Champs Elise.
- 13:52She ended up going to her former boyfriend's residence, where the
- 13:55two got into a terrible argument alone.
- 13:58Now along with her two suitcases, she returned to her
- 14:02sister's apartment building. Debia Binka Red was standing
- 14:05near the entrance with two overly sized pieces of luggage.
- 14:09She didn't have her own pass since it was her sister's
- 14:12apartment, not hers, and the caretaker had refused to give
- 14:16her one. Then she appeared, a young girl
- 14:20just returning home from school. Debia asked the girl for help
- 14:24with her suitcases. The young girl was happy to
- 14:27assist in opening the door, but when the woman said she could
- 14:30really use her help getting them upstairs and inside her citrus
- 14:33apartment, the girl told the lady that she wasn't supposed to
- 14:37go inside a stranger's place. But the friendly and pretty
- 14:41older woman reassured the young girl that everything's fine,
- 14:45everything would be OK, She just really needed her help to get
- 14:48the suitcases up the stairs and inside her citrus apartment.
- 14:52The kind and trusting young girl decided to go with her.
- 14:57Before she entered the apartment, she begged the older
- 15:01woman not to hurt her. Once inside the apartment, the
- 15:05woman turned on her. She threatened to kill her if
- 15:09she didn't do what she was told. Dabia forced the terrified young
- 15:13girl to wash herself in the shower.
- 15:16She slammed the girl's head against the wall of the shower
- 15:20and sexually violated her vaginally and anally.
- 15:25She also forced her to perform sexual acts upon her.
- 15:29Tabia described how Lola had turned into a ghost.
- 15:33She didn't say a word. She slapped the girl, afraid
- 15:37that she would tell her family about the assault.
- 15:41It is not known of the exact moment over the more than hour
- 15:45and a half horrific assault on this young girl, but the attack
- 15:51turned deadly. Tabia grabbed a pair of scissors
- 15:55and began to stab the girl over and over again.
- 15:59She slashed at her face and multiple times across her back.
- 16:03Then she pulled out a box cutter and slit the girl's throat and
- 16:07stabbed her numerous times with the scissors.
- 16:13Tabia grabbed duct tape sealing the girl's mouth shut and
- 16:17wrapped the tape around her face.
- 16:20It is believed that Lola Daviay was still alive when she taped
- 16:25up the young girl, leaving her to suffocate to death.
- 16:29Debiah Binky Red admitted to investigators that she had lured
- 16:33Lola to her sister's apartment where she quote UN quote,
- 16:37committed harm of a sexual nature and other violent acts
- 16:40against Lola that caused her death and hid her body in the
- 16:44trunk. On Monday, October 17th, 2022,
- 16:47Dabia Binkirid spoke not a word as she faced the three judges
- 16:52who were investigating this atrocious crime.
- 16:56The 24 year old woman was charged with the murder of a
- 16:59minor under 15 years old. Under French law Article 2:20
- 17:041/4 of the French Penal Code, killing a person under the age
- 17:09of 15 is considered an aggravating circumstance which
- 17:12brings with it the possibility of a life sentence.
- 17:17Dabia Banker Ed was also charged with rape with acts of torture
- 17:21and barbarism as defined by the French Penal Code.
- 17:25When rapists proceeded accompanied by are followed by
- 17:28torture and acts of barbarity, the crime is punishable by life
- 17:33imprisonment. During another court hearing,
- 17:35she withdrew the confession, claiming that it had all been a
- 17:38dream, none of it was real. Then she told the police that
- 17:42she was battling a ghost and had to defend herself from being
- 17:46stabbed. Dabia Binkered also made the
- 17:50statement that it would be impossible for me to kill a
- 17:53child. The Attorney General reported
- 17:56there were minimum of 38 wounds inflicted on 12 year old Lola
- 18:01Davia's body. Her rib cage had been perforated
- 18:05by at least two stabbings made from a pair of scissors and her
- 18:09skull had been partially split. The young girl entered
- 18:13unimaginable terror, suffering and pain before she died.
- 18:19Strangely, it was also revealed that there were post it notes
- 18:23that have been written in red ink placed on the soles of the
- 18:26girl's feet. On them were the numbers 0 and
- 18:29one. The investigation had taken an
- 18:32even darker and more mysterious turn.
- 18:36There is no known reason as to why Debia Benki Red wrote these
- 18:41numbers. In numerology, 0 means nothing
- 18:45and everything. The great void 1 symbolizes
- 18:49unity, the beginning, the source of all existence.
- 18:53Together they symbolize infinite potential.
- 18:58It could also hypothetically represent binary code where one
- 19:02means something is receiving electricity, or it is on and 0
- 19:06means that it is not, it is off. The investigation failed to ever
- 19:12unearth, nor did the suspect ever tell why she wrote these
- 19:16numbers on her victim's feet, but I doubt it was for no
- 19:20purpose. At least at the time of the
- 19:22murder, these numbers held significance.
- 19:26Investigators quickly learned that Diabiya Binky Red was an
- 19:30illegal foreign national. She initially came to France in
- 19:342016 legally on a student resident permit, but something
- 19:40went off in her life along the way.
- 19:43In 2018, she was the victim of a domestic violence incident in
- 19:47which the details are unknown. Dabia Binky Red never finished
- 19:52school. She was unemployed and found
- 19:54herself living on the streets, often prostituting her body.
- 19:58In August 2022, only two months before this tragedy occurred,
- 20:02the woman was stopped at an airport in Paris with expired
- 20:05student papers. Since the woman did not have a
- 20:08criminal record, she was not detained.
- 20:10Instead, Yeah Being Curated was given a 30 day notice to leave
- 20:15France, but she ignored the request.
- 20:17Unfortunately, the OQTF order, also known as an Obligation to
- 20:22Leave French Territory order, failed to meet its purpose.
- 20:26It is a voluntary order to leave the country within 30 days.
- 20:30However, they are notorious for not being followed up on, with
- 20:34only one in 10 being observed. What made the circumstances even
- 20:39more alarming is that Dabiya Binkered was an Algerian
- 20:43national and they are at the top of the foreigners known for
- 20:47abusing the system in France. When news of this child
- 20:50murderer's immigration status was released to the public, the
- 20:55community was outraged by the failure of the system.
- 20:59Many members of the Republican Party and other ultra
- 21:02conservative groups looked to blame the liberal LAX
- 21:06immigration policies for causing Lola Davies death.
- 21:11It was the fuel the far right could only have dreamed of that
- 21:16proved that illegal immigrants were dangerous to the citizens
- 21:20of France and must be handled more harshly.
- 21:23The response to Dabia binquered nationality, lit a fire of
- 21:27ethnic centered bias and invoked A hatred towards Algerians.
- 21:32Eric Zumor, a far right party minister, bought up online
- 21:36domain names with the victim Lolas name to control the
- 21:40narrative. Others attempted to connect her
- 21:43murder to various actions on the part of President Macron,
- 21:47including tributes made to that year's Bayonne Dior winner,
- 21:51which is an annual football award.
- 21:53Kareem Benzema, who happened to be of Algerian descent.
- 21:56Some extreme far right groups even tried to make correlation
- 22:00between the young girl's death and Algerian protesters who were
- 22:04killed by French police during the same week Lola was killed in
- 22:081961. They raided social media,
- 22:12placing full blame upon the chaotic and loose illegal
- 22:16immigration policies and procedures established under
- 22:19President Macron that led to the girl's murder on ex.
- 22:23Jordan Bardella, president of France's far right National
- 22:26Rally party, wrote that the suspect had no business being of
- 22:30France for a right proponent. Eric Zumor wrote how Lola's
- 22:33murder should never have crossed her path.
- 22:37The Resemblament Nationale and other far right organizations
- 22:41used social media to arouse anger and spark demonstrations
- 22:45for all victims of crime in Lola's name across the country,
- 22:49using the hashtags Manuf por Lola and Justice por Lola.
- 22:53During protest, crowds of hundreds sing a rendition of the
- 22:57national anthem of France, shouting remigration, death,
- 23:01pedophiles and this is our Home. The people demanded change and
- 23:05justice, not just for Lola, but for everyone impacted by
- 23:09violence in the National Assembly.
- 23:11Prime Minister Elizabeth Borne called upon the ministers who
- 23:14wanted to address the murder to have a little decency and
- 23:17respect for the pain of the family.
- 23:19One minister in particular declared that the suspect of
- 23:23this barbaric act should not have been in French territory.
- 23:28It is difficult to argue that this was true.
- 23:30Justice Minister Eric DuPont Moretti accused the right of
- 23:34using the coffin of a 12 year old girl to further their
- 23:38political agenda. Interior Minister Gerald Armani
- 23:42also condemned the indecent behavior of these politicians
- 23:45who were using this tragic story of a girl's murder for their
- 23:50electoral campaigns. What both sides agreed upon was
- 23:54to allow a moment of silence for the slain young girl.
- 23:58While these parents were grieving and dealing with the
- 24:01most unimaginable pain and sorrow over the tragic loss of
- 24:05their daughter, they also had to deal with the onset of questions
- 24:09surrounding foreign nationals. Lola's parents were revolted by
- 24:14how politicians were trying to exploit their daughter's death
- 24:18to prove their stance on tougher immigration policies.
- 24:22They wanted nothing to do with the issue.
- 24:26Lowe's parents begged for the end of the politicization of
- 24:29their daughter's death. They asked that politicians stop
- 24:33any use of the name and image of our child for political ends.
- 24:37President Emmanuel Macron described the crime as atrocious
- 24:41and invited the family to the Alessi Palace.
- 24:44There he offered his deepest condolences and told them he
- 24:47would do everything in his power to unite the opposing sides and
- 24:52support their family in this time of pain and grief.
- 24:56President Macron, who was at the center of the right and far
- 25:00rights blaming of illegal immigration policies for Lola
- 25:04Davia's death, told the press that her parents have asked that
- 25:07all sides show their support. Instead of increasing the pain
- 25:11they are experiencing, the media lash back at politicians shaming
- 25:16them for exploiting a child's death to reignite their anti
- 25:20immigration beliefs. Although President Macron
- 25:23strongly discouraged the use of Lola's death within political
- 25:26arenas in late 20/22, he came forward with concerns of his own
- 25:31based on crime data. He stated that, and I quote, if
- 25:35we look at crime in Paris today, we cannot fail to see that at
- 25:38least half of the crime comes from people who are foreigners,
- 25:42either illegal immigrants or those waiting for a president's
- 25:46permit. In any case, they're in a very
- 25:48delicate situation, often coming in through these illegal
- 25:52immigration channels. The officer of the Interior
- 25:55Minister further supported this claim.
- 25:57According to their crime statistics in Paris, foreigners,
- 26:01both those who were residents and those of illegal immigration
- 26:05status, comprised 48% of arrests and those held in custody within
- 26:10the first six months of that year.
- 26:13Their purpose was to illustrate their over representation in all
- 26:17areas of crime. However, what was not addressed
- 26:20was the nationality of the majority of the victims.
- 26:24Although many illegal immigrants have indeed committed crimes in
- 26:27France, most of them have been committed against their own
- 26:30people and not against French nationals.
- 26:34According to crime statistics on homicide in France, specifically
- 26:38in Paris, the majority of murders that occur are intra
- 26:42racial, meaning they're within the same race, similar to crime
- 26:46data in many other nations, in particular United States.
- 26:49Most of violent crimes, including homicide, are
- 26:52committed against others of the same race or ethnic background
- 26:57as the perpetrator. France had experienced this kind
- 27:00of dangerous rhetoric and political jargon before.
- 27:04In 1973, in Marseille, a bus driver was murdered by a
- 27:08mentally ill man who was of Algerian origin.
- 27:11The hatred which rose from several articles triggered the
- 27:15murder of 20 innocent Algerians in the United States.
- 27:20We have also seen this kind of hate speech and profiling of
- 27:23racist and ethnic groups result in similar acts of hate crimes
- 27:28and violence. The fact remains that the
- 27:31murderer was under an expulsion order from France that was never
- 27:36enforced. If they had to aborted Dabia
- 27:39Binkyred, Lola Davia would not have been held captive, raped,
- 27:44tortured and brutally murdered. These are facts that can't be
- 27:49denied. However, there is no connection
- 27:52between her being Algerian and the vileness of her actions.
- 27:56The crimes of Dabiya bin Kirid have nothing to do with Lola's
- 28:00nationality or her own. According to Lola Dabiya's
- 28:04family, if their daughter's murder is to bring to light any
- 28:07social or political issue, then it is one of criminal
- 28:11responsibility, including harsher punishment.
- 28:14The impact Lola Dabiya's death how on the people of France far
- 28:19surpassed being shocked and horrified by what had been done
- 28:23to this innocent, beautiful child.
- 28:25It enraged the community. Discussions regarding the
- 28:29protection of children, violence against minors and the justice
- 28:32system's response to the most vile of crimes resurfaced, and
- 28:37many were justifiably angry and fed up with the lack of severe
- 28:42punishment. At the entrance of the multi
- 28:45story apartment complex where the little girl lived and died
- 28:50lay rows and rows of hundreds of bouquets, candles, letters and
- 28:55notes for the innocent victim. A book of grievances was set up
- 29:00in the town hall of the 19th Erdosumund for members of the
- 29:04community to share the condolences.
- 29:08On October 24th, 2022, Lola Daviere's funeral service was
- 29:12held in the Collegiate Church of Le Lers Pas de Calais, her
- 29:17mother's hometown. The funeral service was open to
- 29:21all, but the family requested that it stay peaceful and not
- 29:25have any sign of political conflict or mediate disruption.
- 29:30During the memorial, her brother spoke the following, choking on
- 29:33his tears. Loha, my adorable little sister.
- 29:38I hope you can hear me in heaven.
- 29:40Sadly, you left us too soon. I never had a chance to say how
- 29:44much I loved you. I hope I was there for you when
- 29:47you needed help. We're going to miss you, Lola.
- 29:50Davie's family was shattered by her horrific murder.
- 29:55They had lived a simple, modest life, but they were a very happy
- 30:00and loving family. After they lost little Lola,
- 30:04they decided to move away from Paris.
- 30:06The tragedy of losing their young daughter, especially in
- 30:09such a violent and deplorable manner, destroyed her family,
- 30:14but they hung into hope that one day justice would prevail.
- 30:20Tragically, Lola's father Johan couldn't hold on any longer.
- 30:27When he lost his little girl, he drowned in his demons.
- 30:31He would drink from the moment he woke up to when he went to
- 30:33bed each night. Within a few years, Lola's
- 30:37father had killed himself with alcohol.
- 30:40He died in February of 2024 at the age of 49 years old.
- 30:46Before his death, Johan Davie left a heartbreaking note on the
- 30:50door of the apartment where his daughter was brutally tortured
- 30:54and killed. And said, and I quote, my
- 30:58darling, I still don't understand why there was so much
- 31:01cruelty and barbarity towards you, you who were so kind.
- 31:06I can't wait to see you again. That note was signed.
- 31:09You're dead. Who loves you for life?
- 31:13Not only was Lola's mother, Delphine haunted by the tragic,
- 31:16horrible loss of her only daughter, but now she had lost
- 31:20her husband too. The senseless attack on Lola
- 31:25Daviay have ripped away too innocent, beautiful souls.
- 31:31Meanwhile, the focus of the investigation now centered
- 31:34around whether the woman who had committed these heinous, brutal
- 31:37acts of rape, torture and murder have been suffering from a
- 31:41psychiatric disorder at the time of the offence.
- 31:44Only time an expert psychiatric evaluations could determine
- 31:48whether or not she was criminally responsible under
- 31:51French law. Since the early 19th century,
- 31:54criminal responsibility has been the foundation of criminal law
- 31:57in France. There are three categories of
- 32:00criminal responsibility. The first category is a lack of
- 32:04criminal responsibility. This stems from a person who was
- 32:07suffering from a psychic or neuropsychic disorder at the
- 32:11time of the offense which abolish their ability to control
- 32:14their actions. The second is diminished
- 32:17criminal responsibility. This category is designated for
- 32:21individuals who psychiatric or neuropsychiatric disorder
- 32:25impaired their ability to control their actions. 1/3 is a
- 32:29full criminal responsibility, which indicates full awareness
- 32:33and the ability to control their actions.
- 32:36To determine the appropriate level of criminal
- 32:38responsibility, a judge or the court may recommend one or more
- 32:43expert psychiatrist. If an expert's assessment
- 32:46concludes that the individual lacked criminal responsibility
- 32:49as defined under the statute, a judge can declare the person as
- 32:53not being criminally responsible and therefore is not subject to
- 32:58incarceration. However, the judge can impose
- 33:00certain measures or precautions. These can include prohibiting
- 33:04access to the victim or their family or placing restrictions
- 33:08on where they live and where they can travel.
- 33:10In the majority of cases, a judge will impose an order of
- 33:13involuntary hospitalization in a psychiatric hospital.
- 33:17However, if the individual is considered to be a threat to
- 33:21other safety maximum security psychiatric unit, they may be
- 33:24placed in ten such units in France are monitored and
- 33:28operated by the Public Health division.
- 33:31Although it was determined that Debia Binkirid suffered from
- 33:35personality disorders, the accused was evaluated by three
- 33:39different psychiatrists. They all concluded that her
- 33:42judgement was not impaired due to a mental illness at the time
- 33:46of the offense and that she didn't have a treatable
- 33:49condition. The psychiatrist and
- 33:51psychologist all believed Diabea being carried had psychopathic
- 33:55tendencies that were incurable. She was described as not being
- 34:00schizophrenic, but a person who exhibited A schizotypal
- 34:04personality without being entirely delusional.
- 34:08Psychiatrists and psychologists both said that she showed cold
- 34:12or flat effect, abnormal thoughts and statements that
- 34:15were detached from reality. Debia being cared also conveyed
- 34:19no remorse or regret over her actions for three long years.
- 34:24Lola Davies killer was examined by multiple psychiatrists and
- 34:28psychologists while she was held in prison.
- 34:31It was believed by many during this lapse in time that she
- 34:34would be declared mentally unfit to stand trial and never face
- 34:38any real form of punishment. Dabia being carried would likely
- 34:42be diagnosed with a severe mental illness and be sent to a
- 34:45psychiatric facility for the criminally insane instead of
- 34:49being incarcerated. Then in 2025, almost three years
- 34:53to the date in which she had viciously tortured and murdered
- 34:58this beautiful little girl, Dabia Ben Cured would face what
- 35:03she had done. The psychiatrist did not believe
- 35:05her to be mentally ill, although she exhibited many signs of
- 35:09psychopathy. Dabia Ben Cured finally admitted
- 35:12to everything she had done to Lola Davier and was declared
- 35:16competent to stand trial. Once Debia Bing Heard was deemed
- 35:22competent to stand trial, the prosecutor's office asked for
- 35:25the case, to which the judge agreed.
- 35:27Even when a defendant pleads guilty to the charges, under
- 35:30French law, a full trial is still required to be held in
- 35:34front of the court. To Assis, the court that hears
- 35:37the most extreme of crimes, it is not merely a matter of guilt,
- 35:41which is determined during the trial, but both sides present
- 35:45evidence and aggravating and mitigating circumstances to
- 35:49convey both motive and intent. Meanwhile, the death of Lola
- 35:53Davier continued to create major controversy in conflict between
- 35:58the political parties and division amongst women.
- 36:01Alice Cordier, founder of the group Nemesis, stood in front of
- 36:04the Parisian Criminal Courthouse when the trial began to, in a
- 36:08quote denounced the dangerous impact of mass immigration on
- 36:12Western women so that this subject becomes a public debate.
- 36:16She attacked feminists, claiming that since most are associated
- 36:20with left wing politics, they are more concerned about the
- 36:23welfare of the accused who had allegedly been a victim of
- 36:27trauma and rape, then they are there to support Lola and her
- 36:30family. There is no evidence to support
- 36:33this allegation she made against individual feminists or
- 36:36feminists based organizations in France.
- 36:39Rather, all it did was create more conflict and division
- 36:42amongst the people. On Friday October 17th, 2025,
- 36:47almost three years to the day that 12 year old Lola Devier had
- 36:52been viciously raped, tortured and murdered, her sadistic
- 36:56perpetrator would finally face the scales of justice.
- 37:00Lola's family and their supporters arrived to the
- 37:02courthouse, adorned and matching white T-shirts.
- 37:05Then now infamous portrait of the young girl smiling on them
- 37:09were written the words You'll be the son of our lives and the
- 37:13star of our nights. Before the trial began, Lola's
- 37:17brother Timo was granted a moment to directly address his
- 37:21sister's killer. The young man bravely looked at
- 37:25Debia, binquered and said to her.
- 37:28We would like you to tell the truth, the whole truth, and
- 37:31nothing but the truth to all of France and to us.
- 37:36The reasons why Debbie had been killed, decided to rape, torture
- 37:40and mercilessly kill this innocent young girl were never
- 37:44revealed. Her story kept changing during
- 37:48the police's interrogation of her and throughout her trial.
- 37:52First she claimed that she wanted vengeance upon Lola's
- 37:55mother, who refused to give her a building pass since she wasn't
- 37:59a resident. Then she said she had gotten
- 38:01into a huge argument with her ex-boyfriend that day.
- 38:04When she saw Lola so vulnerable, she saw what was the perfect
- 38:11target to release. Her rage toward Debbie had been
- 38:14Keratol de Court that it wasn't little Lola she wanted to hurt
- 38:18that day, it was him. She loved him so much, but he
- 38:23had insulted her and told her he would never be the father of her
- 38:27child. She felt full of revenge and
- 38:31hatred. When she crossed the path of
- 38:34Lola, Debia Binkered said that he had a gun and she had planned
- 38:39to shoot him with it, but wasn't planning on killing him.
- 38:43It was only 15 minutes after she had this heated altercation with
- 38:47her former lover that Debia spotted Lola returning from
- 38:51school. She claimed that she didn't
- 38:53initially plan on harming Lola Davya, but once she had
- 38:58convinced the young girl to help carry the suitcases upstairs to
- 39:02her sister's apartment, she decided she was going to hurt
- 39:06her. Then on the second day of the
- 39:08trial, Debya being carried story as to why she tortured and
- 39:12killed the girl changed now she blamed it on a combination of
- 39:16drugs she was on. Debia being carried have been
- 39:19taking medication for anxiety, another for epilepsy and Lyrica
- 39:24which is used to treat neuropathic pain.
- 39:27Debia being carried alleged that she was using the drugs to deal
- 39:31with the psychological pain she was suffering from selling her
- 39:34body in the streets of Paris. She said that she had taken 3 of
- 39:38the tablets the day before she attacked Lola and she fell into
- 39:42a dark violent state. When the judge inquired as to
- 39:47why she had never shared this information before now, the
- 39:50accused stated I know I killed a baby, an Angel, she must be in
- 39:55heaven by now. When Debia being cured was asked
- 39:58if the drugs is what drove her to rape and murder Lola, she
- 40:02said yes, it was the drugs, she just wasn't herself that day.
- 40:07Then on the third day, the deranged young woman once again
- 40:11changed her story. Now the sequence of evil events
- 40:14that unfolded was because she was bewitched by her former
- 40:18boyfriend. Debya Binkaran alleged that a
- 40:21man in his 30s known as Fatah A, who was currently in prison and
- 40:26was on screen from his cell during the trial, had placed a
- 40:30spell of witchcraft on her. It was the evil spell that had
- 40:35LED her to rape, torture and murder the 12 year old girl.
- 40:39The courtroom will listen to the dark and dramatic and totally
- 40:43unbelievable tale the sick woman spun.
- 40:47She told the judges that it was Fatah that had led me to do it
- 40:50and that she had no idea what she was doing.
- 40:53Dabia Benkara claimed that when she was with him, he made her
- 40:57drink something that caused her to have hallucinations.
- 41:00Ever since then, she had viewed the world as upside down.
- 41:04She even described how he had taken her to a cemetery where he
- 41:08had buried children he had killed.
- 41:11And yet the accused provided no other information regarding this
- 41:14bizarre and shocking story. When her former boyfriend Fatah
- 41:19was asked about these allegations, he said.
- 41:22I am baffled by what I just heard.
- 41:24I'm a stranger to all this, he testified to the court.
- 41:28I had the impression that she was a little possessed.
- 41:32I had the impression that she was talking to people, that she
- 41:35saw me as someone else. Fatah clarified that he was in
- 41:40prison for divorce related offenses, but that he didn't
- 41:44want Debia around his young son because of her immoral and
- 41:49unpredictable behavior he described to the courtroom.
- 41:52Hell, on a trip to the mall one day she stole some candy and
- 41:55this infuriated him because he wanted his son to be taught not
- 41:59to steal. Dabiya Binkered was void of any
- 42:04emotion and she matter of factly explained to the court how she
- 42:07took all of her hatred and rage out on the poor girl.
- 42:11She didn't want to kill her, but she wanted to hurt someone and
- 42:15knew that either way, Lola was going to die that day.
- 42:18Dabiya Binkered told the courtroom.
- 42:20I took revenge on the little girl.
- 42:23She was a weaker person than me. I didn't choose her.
- 42:25It came suddenly. Since I had raped her, I might
- 42:28as well kill her. In shock and disgust, Loa
- 42:32Devier's family in the courtroom had to listen to this woman
- 42:35speak about how while Lola was suffocating on her own blood,
- 42:39she turned up the music loud and smoked a cigarette while the
- 42:44young girl's body shook and jolted, fighting for its last
- 42:50breath. During the trial, the courtroom
- 42:52filled with Lola Davie's loved ones was further traumatized by
- 42:56the graphic horrible images shown of her multiple injuries,
- 43:01including those inflicted upon her genitals.
- 43:03Several family members could not take any more and walked out of
- 43:08the courtroom, but her mother Delphine and brother Tebow
- 43:14remained there watching and listening to every horrific
- 43:19moment their daughter and sister suffered at the hands of what
- 43:23they called the Devil Monster Woman.
- 43:27They refused to turn their heads away or cover their ears.
- 43:31They were determined to receive justice for their Lola.
- 43:36When the horrific and disturbing images of Lola Devier's injuries
- 43:41were displayed on screen in court, her murderer stared at
- 43:46the screen without any sign of emotion.
- 43:50At the trial, Delphine described her late daughter as her mini
- 43:53me. She was a very social, loving,
- 43:56happy go lucky young girl, naive, always ready to help
- 44:00others. Her propensity for being a
- 44:04sweet, friendly, trusting little girl became her death sentence.
- 44:09Pictures of Lola Davier as a vibrant, lovely little girl
- 44:14enjoying her life were projected on the courtroom wall.
- 44:18Delphine testified in the courtroom how she had always
- 44:21taught her children about being wary of strangers.
- 44:26Delphine stated how she used to tell them and I quote, if you're
- 44:29attacked, don't hesitate to scream, there will always be
- 44:32someone who will hear you. Then her daughter encounter what
- 44:36she described as this devil monster.
- 44:40I couldn't save my Lola. My heart is forever broken, she
- 44:45told the courtroom. Delphine stressed to the judges
- 44:48how she not only lost Lola because of Debia being carried.
- 44:53She lost her husband, her job, her home, everything was gone
- 44:59except for her son, which is the only reason she's still
- 45:05breathing. She looked at the devil monster
- 45:08Debia been carried and said this thing won't take away the love
- 45:13and our family. Lola's grief stricken mother
- 45:16pleaded with the court to not spare the accused any
- 45:19punishment. She deserves to be locked away
- 45:22forever. In a heart wrenching moment
- 45:24during the trial, Lola's mother asked her forensic pathologist
- 45:28whether her daughter had suffered at the end, stating how
- 45:32she had been plagued haunted by the question over the last three
- 45:35years. The expert told the mother the
- 45:38truth about asphyxiation and how it has three aspects.
- 45:42There are the physical, psychological and emotional
- 45:46effects. Because the ACT induces extreme
- 45:48anxiety in the victim, Being unable to get oxygen to breathe
- 45:53is an intense and serious source of anxiety.
- 45:57The pathologist could not lie about the degree of how much her
- 46:01young daughter had suffered. Mitigating circumstances
- 46:04surrounding the accused backgrounds were presented by
- 46:06the defense of trial. Debia being carried had a
- 46:09volatile, unhappy childhood. She had spent her years in both
- 46:12Algeria and France with cold, unaffectionate aunts and an
- 46:16abusive father. There had been a documented
- 46:18report of a domestic violent incident with a past boyfriend,
- 46:22a history of mental illness and the claim she had made
- 46:25previously to the police about being a victim of rape.
- 46:30But three psychiatric experts said they had noted psychopathic
- 46:34tendencies in the accused and they did not believe she
- 46:37suffered from any mental health condition that could be cured.
- 46:41A court psychiatrist who evaluated the accused testified
- 46:44as to how unsettled and frustrated she felt and not
- 46:48being able to find a diagnosis or reason for the horrific acts
- 46:53W being cured had committed. The psychiatrist, Corrine Jean,
- 46:57told the court in a quote. In 15 years of expertise, this
- 47:01is the first time I felt this way.
- 47:05I found myself faced with a paralysis of my thoughts, a
- 47:09feeling of unease that catches in the throat.
- 47:12The doctor also shared with the courtroom how the accused was
- 47:15very interested in the media coverage surrounding the murder.
- 47:20This invested interest by the accused further supported the
- 47:24belief that Debia being carried had strong psychopathic
- 47:29tendencies. When she was asked to respond to
- 47:31the psychiatrist evaluation of her, she stated UN quote.
- 47:35I realized that I was talking nonsense to them.
- 47:38Her voice was strangely high pitched and barely audible when
- 47:45she replied. According to the Attorney
- 47:47General, Debia being carried was not simply out for revenge and
- 47:52targeted the young girl in a moment of rage.
- 47:55She was a predator who lured and trapped the girl to satisfy her
- 48:00own sexual pleasures. The prosecutor argued that the
- 48:03sentence must represent the depravity of the crime.
- 48:07The cruelty, the barbarity and the severe suffering inflicted
- 48:12on both the victim and her family must be reflected in the
- 48:16defendants punishment. Before she pled guilty to all
- 48:20charges and the judges sentenced her, she expressed remorse and
- 48:23apologized to Lola's family for her horrible actions.
- 48:27Debbie have been carried stated I asked for forgiveness and what
- 48:32I did is horrible. That is all I have to say.
- 48:35Her words felt choreographed, shallow and meaningless.
- 48:39Outside the courtroom, hundreds of residents called for the
- 48:42death of Debbie Have been carried.
- 48:44But for the citizens of France, justice would prevail even if
- 48:48death was not an option under the current law.
- 48:51While the verdict was being read, the presenting judge
- 48:54addressed the extreme cruelty of the criminal acts, which he
- 48:57called true torture and total dehumanization.
- 49:02In a moment that stunned all of France and much of the world,
- 49:06the judges handed down a life sentence.
- 49:09The sentence is what is referred to as an irreducible life
- 49:13sentence. This means that there is no
- 49:15possibility of parole or reduction in sentence.
- 49:20In France, a life sentence without parole specifically
- 49:24means that there is no chance of parole before serving a minimum
- 49:28of 30 years. After 30 years, a convicted
- 49:31offender may ask a judge to review the ban on their
- 49:35possibility of parole. Since Debbie had been carried
- 49:38had been incarcerated for three years before her trial, this
- 49:41means she will have to serve 27 years before being able to
- 49:45request a review. This penalty may not sound
- 49:49severe enough to listeners in the United States and other
- 49:52countries who currently work under a crime control model of
- 49:55justice. However, in France, this is the
- 49:58longest sentence permitted under the law.
- 50:01It is extremely uncommon and is usually only granted to mass
- 50:06murder, such as terrorists and serial killers.
- 50:10Capital punishment has been abolished in France since 1981.
- 50:15The maximum sentence of life imprisonment without parole,
- 50:18also known as perpetuate incompressible, was established
- 50:22in 1994 in response to some of the most brutal and shocking
- 50:26murders France had experienced in decades.
- 50:28It was designed to make prison a truly only about a dozen men,
- 50:34mainly serial killers and terrorists, had received the
- 50:36punishment. Michelle Fournier, also known as
- 50:39the Ogre of the Ardens, was convicted of killing twelve
- 50:42women. And Jahidas Salah Abdesalem, one
- 50:46of the terrorists behind the 2015 attack in Paris, which took
- 50:50the lives of 130 people, are two examples of the individuals who
- 50:54have received this sentence. 27 year old Debia bin Cured was the
- 51:00first woman in France to have been given a life sentence.
- 51:05This verdict was unprecedented and made a loud, bold statement
- 51:10to the people of France and the world that anyone who commenced
- 51:14A sadistic, brutal murder, especially against a child, will
- 51:19face the most serious of consequences, no matter the
- 51:23gender of the offender. After she was sentenced to the
- 51:27most severe punishment under French law, Lola Davi's brother
- 51:31Tebow expressed great gratitude to the justice system, stating
- 51:37his family is happy with the outcome and how the system has
- 51:41restored the memory of his sister.
- 51:44It has restored the truth. Lola's mother told the media
- 51:48that this was the case. Even if it won't give us back
- 51:51our Lola, we believed in justice.
- 51:54And justice was received. Lola's mother, Delphine and her
- 51:57brother Tebow were seen embracing and crying together
- 52:01after the historical verdict was read.
- 52:04They could finally breathe a little.
- 52:07Justice had come at last for their little Lola, and it was a
- 52:12step toward healing. The lure for the family, called
- 52:15Tilt Lupetit, spoke of how it fixed a wrong, a wrong that had
- 52:20been waiting over three years to be reversed.
- 52:24Alexander Volla, the lawyer for the now convicted Dabia
- 52:28Binkered, stated that he was not at all surprised by the sentence
- 52:31and that his client had not decided whether or not she would
- 52:34appeal. It was difficult for anyone to
- 52:36deny that justice was not met once this historical verdict was
- 52:41delivered. However, for the National Rally
- 52:43Party, being given a life sentence for such a barbaric
- 52:47crime, but still not enough. The subsequent deportation of
- 52:51violent foreign criminals must come after incarceration.
- 52:55I would presume that if or when Debia been carried is granted
- 52:59parole, which would be shocking if she ever were, she will be
- 53:05deported back to her native country of Algeria.
- 53:09The country had waited for three years for justice to finally be
- 53:13given to Lola Davia. She had become the stolen child
- 53:19of all of France, despite her parents ongoing request to not
- 53:25have their daughter's murder become political.
- 53:27Her death had ignited a debate around the due diligence of
- 53:32deportations and the threat of foreign nationals.
- 53:35Lola Devier had become a symbol of justice reform, particularly
- 53:39in the area of protecting children, and also brought out
- 53:42more of an emphasis being placed on mental health support as well
- 53:46as the reform of migration laws. I would like to 1st discuss this
- 53:51case through the framework of the French legal system.
- 53:53It is vastly different from the United States and Britain and
- 53:57understanding these differences is critical to the way the case
- 54:00was handled, from the investigation to the sentencing.
- 54:05The justice system in France is a civil law system. the United
- 54:09States and Britain are both based on a system of common law
- 54:12which relies heavily on and builds upon its prior case
- 54:16decisions. In contrast, France places a
- 54:19heavier reliance upon its statutes and applies relevant
- 54:23codes and regulations to the Act and its parties.
- 54:27Each case is decided as an individual separate case from
- 54:31the next, with little to no reference to past court
- 54:35decisions. French law is divided into two
- 54:39areas of legislation, draw public or public law, which
- 54:43governs state and public bodies, and draw privet or private law
- 54:48which governs private individuals and entities.
- 54:50The private law is further broken down into two sections.
- 54:53The first is draw civil and the second is draw Pannell, which
- 54:58governs criminal law. Similar to the United States,
- 55:00The highest importance is placed upon the rules set forth by the
- 55:04Constitution of France. The courts in France are split
- 55:07into administrative courts and judicial courts, with the letter
- 55:10handling all matters of civil and criminal law.
- 55:14The highest judicial court is the Supreme Court of Appeals,
- 55:17also known as Court de Sicion. A unique aspect of French law is
- 55:22the Constitutional Council, also known as the Concierge
- 55:25Constitutional. This is the third branch that
- 55:28overseas statutes before they become law national elections
- 55:32and address questions posed by citizens surrounding the
- 55:35legality of laws. This court includes 9 appointed
- 55:38members who are nominated by the President and confirmed by
- 55:42Presidents of the two Houses of Parliament, the National
- 55:45Assembly and the Senate. The first version of the French
- 55:48Constitution was the Declaration of the Rights of Man and its
- 55:51Citizens, established on August 26th, 1789.
- 55:55Charles de Gaulle founded the Council on October 4th.
- 55:58T58 man who is most famously associated with a massive
- 56:02International Airport outside Paris.
- 56:05There are three criminal courts established in France that
- 56:08handle varying levels of seriousness.
- 56:11The Tribunal of Police is composed of a single judge who
- 56:14determines cases of a minor nature, with potential fines not
- 56:18exceeding more than €3000 and with no time in prison.
- 56:22The second level of crimes is determined by the Correctional
- 56:25Tribunal, which is made-up of three judges.
- 56:28These judges handle more serious offenses, which are classified
- 56:31as dilits under the Penal Code of France.
- 56:34Such crimes face penalties of up to 10 years in prison.
- 56:38The accusations within the 1st 2 criminal courts are presented by
- 56:42a prosecutor. The most serious of crimes are
- 56:44judged by the court the asses, which is composed of three
- 56:48professional judges and 9 jurors in which they all deliberate
- 56:51together. It is not required that all
- 56:53jurors and judges come to a unanimous decision.
- 56:56Rather the decision must be made based on a minimum of eight
- 56:59votes. If a decision of a high crime is
- 57:02appealed, the jury in the Appellate Assis Court increases
- 57:05to 15, including three judges and 12 citizen jurors, with a
- 57:10majority of 10 needed to convict.
- 57:12I find it interesting how a jury is involved in appellate cases
- 57:16when only judges hear appellate cases in the United States.
- 57:19Also interestingly, there is no official transcript of the
- 57:24trial. The court clerk writes notes,
- 57:26but they are often done by hand during the proceeding which
- 57:30becomes part of the records, but there is no complete word for
- 57:34Word documentation of the event. This is strange to me, but I
- 57:39think because their case decisions are not based upon
- 57:42past court cases, maybe they don't see the purpose in keeping
- 57:46an official transcript of each case.
- 57:49Still, it seems as if there would be significance in having
- 57:52more official records when an individual is held in custody.
- 57:56This is called guarde avoux. Under French law, anyone
- 58:00arrested is read and given notice of rights that are very
- 58:03similar to Miranda rights in the United States.
- 58:06However, a defendant who invokes the right to remain silent is
- 58:09very rare in France, since remaining silent when the person
- 58:13is capable of explaining their circumstances is a strong
- 58:18indication of guilt. A person can be held for an
- 58:21initial 24 hours for investigative purposes.
- 58:25If it is deemed necessary for the investigation to go longer,
- 58:29the person can be held for an additional 24 hours under
- 58:32written authorization of the district prosecutor.
- 58:35For incidents of a more serious nature, such as drug trafficking
- 58:39or organized crime, this period can be further extended, with
- 58:43suspects of terrorist activity being held up to 6 stays.
- 58:48However, only under written authorization by the Judge of
- 58:51liberties and detention is this permitted.
- 58:54Criminal investigations in France are split into two
- 58:57general categories. Then, minor and simpler crimes
- 59:00are handled by the police and the public prosecutor.
- 59:02For more complex and serious offenses, these crimes are
- 59:06handed over to an investigating magistrate.
- 59:09It is recorded that more than 90% of criminal cases proceed
- 59:13with the police working along with the Public prosecutor to
- 59:16investigate and are never handed over to the magistrate.
- 59:20Investigating magistrates are located throughout the country
- 59:23and under certain circumstances may collaborate as a team.
- 59:26Once a preliminary investigation has been performed by the Public
- 59:30prosecutor, the investigation magistrate is then given
- 59:33authority to commence the investigation.
- 59:36There are some circumstances where a third party with a
- 59:39vested interest in the case may also file a complaint with the
- 59:42magistrate. This tends to be the victim or
- 59:45the victim's family, but it can also be a non governmental
- 59:48organization. If their claim is approved, the
- 59:52status of the third party. This person or the group then
- 59:55has access to the information and evidence which is gathered
- 59:58throughout the investigation. Once they have become a formal
- 1:00:02party to the investigation then they are parties to the trial
- 1:00:05and any subsequent appeal. The scope of the investigation
- 1:00:08under the magistrate is restricted to the facts and the
- 1:00:11individuals who are listed in the order.
- 1:00:14Given by the public prosecutor, they ultimately determine
- 1:00:17whether a violation of the law has occurred and who the
- 1:00:20offender is. If the organization is shown to
- 1:00:22have evidence which is significant and corroborated
- 1:00:25that the individual or organization is criminally
- 1:00:28responsible for the act, they are brought to appear before the
- 1:00:32Magistrate. They are then informed that they
- 1:00:34have been placed under a formal investigation, also known as
- 1:00:38Me's in examine. The investigation Magistrate has
- 1:00:41a plethora of tools to use with or without the assistance of the
- 1:00:45police, including what are known as dawn raids on the suspects,
- 1:00:48premises, wiretaps and of course interrogation.
- 1:00:52Once an investigation has been finished, the investigation
- 1:00:55Magistrate formally acknowledges its completion and the files are
- 1:00:58then handed over to the Public Prosecutor.
- 1:01:01Her reviews and submits observations in a formal
- 1:01:04document. It includes their opinion as to
- 1:01:06who, if anyone, should be charged and prosecuted in a
- 1:01:09trial. This document is copied and
- 1:01:12given to all parties of the investigation.
- 1:01:14However, in stark contrast to the United States, the
- 1:01:17investigation magistrate has more authority over the
- 1:01:20prosecutor since they can bind a party over to trial whether the
- 1:01:24prosecutor has recommended them to be or not.
- 1:01:28All parties are allowed to submit their own observations
- 1:01:31prior to a final decision being made.
- 1:01:33Unique to the French legal system, neither prosecutors nor
- 1:01:37judges are considered lawyers in France in the sense that they
- 1:01:40are not members of the local bar and they generally have not
- 1:01:44received professional training which is applicable to lawyers.
- 1:01:48Most of the time. The outcome is one of two
- 1:01:50decisions. The investigation magistrate
- 1:01:53decides to dismiss the person in any associated charges or the
- 1:01:57individual or organization is bound to trial.
- 1:02:00There is 1/3 rare outcome and that is when the magistrate
- 1:02:04declares that they are without jurisdiction to determine the
- 1:02:07direction of the case. The dismissal of a case can be
- 1:02:10appealed by the public prosecutor.
- 1:02:12Although the other parties can't typically appeal a decision,
- 1:02:15they are able to be active in the process and intervene to
- 1:02:20influence the investigation. This can include a formal
- 1:02:23request for an expert or to search for evidence that could
- 1:02:26be exculpatory. Before an individual is given
- 1:02:29the status of being under formal investigation, very little can
- 1:02:33be done to influence the investigation or prepare a
- 1:02:36defense. This is because it is very
- 1:02:38difficult for the defense counsel to obtain any
- 1:02:41information surrounding the investigation as they are not
- 1:02:44allowed direct contact with any potential witness or counsel.
- 1:02:49Since this would be perceived as an attempt to influence their
- 1:02:52testimony, this act would be considered a serious violation
- 1:02:56and defense lawyers avoid making contact with witnesses in any
- 1:03:00matter, so it is not considered an issue.
- 1:03:03The investigating magistrate is unique to a legal system since
- 1:03:07they don't investigate for one side.
- 1:03:09Rather, their role is to investigate and gather evidence
- 1:03:13that could both be incriminating and exculpatory, meaning that it
- 1:03:17could lead to potential doubt regarding the guilt of the
- 1:03:20suspect. Unlike a homicide investigating
- 1:03:22in the United States, who searches for evidence to support
- 1:03:25the prosecution of an offender, the investigating magistrate is
- 1:03:29expected to uncover the truth behind what occurred.
- 1:03:33France does not have a legal term for homicide.
- 1:03:35Instead it is divided into unintentional injuries versus
- 1:03:39intentional attacks on another person.
- 1:03:42Within the latter of the Criminal Code defines 2 types.
- 1:03:45The 1st is the intentional cause of a persons death without
- 1:03:48premeditation, which is defined as murder.
- 1:03:51The second is premeditated murder or murder line and wait,
- 1:03:55which is defined as an assassination.
- 1:03:58The intentional rate of death in France in 2023 was 1.3 per
- 1:04:03100,000 residents, which is 1 if not the lowest in the European
- 1:04:07Union. Female offenders are
- 1:04:10exceptionally rare, with an estimation of their committing
- 1:04:13murder being as low as 6 per 1,000,000 residents, Similar to
- 1:04:18studies performed in the United States and many other nations,
- 1:04:22most homicides are committed by youth crime.
- 1:04:24Data from 2016 to 2017 indicated that 320 women committed
- 1:04:30homicide in Paris. 57% of the offenders were under 36 years
- 1:04:36old. The majority of the incidents
- 1:04:38occurred in highly populated areas, with 30% in the urban
- 1:04:42areas of Paris. Of these female offenders, 44%
- 1:04:46were unemployed and 9% were identified as foreign.
- 1:04:50There are 6 maximum security prisons and seven maximum
- 1:04:53security sections within prisons in France.
- 1:04:57Many long sentences are carried out in detention centers or
- 1:05:00sections designed for such. Since female prisoners are rare,
- 1:05:05most of their facilities are within a separate section of the
- 1:05:08male prisons. In fact, only two out of the 59
- 1:05:12criminal facilities are specifically designated to
- 1:05:15females. In France, there are currently
- 1:05:17480 individuals, which is .7% of criminals having a life sentence
- 1:05:22in France. There are 75,897 people who are
- 1:05:27currently incarcerated in France.
- 1:05:29Females comprise 3.3% of the prison population.
- 1:05:33Between January 2023 and 2024, country did see an increase of
- 1:05:379.6% in its female prisoners. Of these female prisoners, 23.2%
- 1:05:43were identified as foreign nationals.
- 1:05:45What is it in? Arguably the most important and
- 1:05:48disturbing element of this case to discuss is the gender of the
- 1:05:52offender and the prevalence of female sex based violence.
- 1:05:56As mentioned while discussing the trial, the Attorney General
- 1:05:59and prosecutor pointed out that the crimes committed by Dabiya
- 1:06:03Benkurid we're not simply out of revenge or rage.
- 1:06:07They were crimes committed by someone seeking to fulfill their
- 1:06:11own sick, perverse sexual fantasies or desires.
- 1:06:15Dabiya Benkurid was a child predator, a vicious pedophile.
- 1:06:20Our society, even with more and more cases every year that
- 1:06:24involve women, has trouble grasping the concept of female
- 1:06:27predators. The typical image of the
- 1:06:30pedophile in people's minds still draws up a white older man
- 1:06:35who often works in the vicinity of children, such as a teacher
- 1:06:39or sports coach. A violent predator of children
- 1:06:42is the weird man who drives around in a windowless van.
- 1:06:46A woman in her early 20s who by most standards of beauty would
- 1:06:51have been deemed to be attractive and physically fit,
- 1:06:54does not fit within the mold of a pedophile, nor a predator, and
- 1:06:59society's mind, Dabiya Ben Carried, was the opposite of a
- 1:07:04criminal profile for either of these types of sexual offenders.
- 1:07:10It's only been in recent years that the media and the legal
- 1:07:13system have begun treating females who have inappropriate
- 1:07:17and illegal sexual contact with their underage students as the
- 1:07:22criminals they are. What?
- 1:07:24A man under the same circumstances would be labeled
- 1:07:27as a rapist and a pedophile. Women have been painted as being
- 1:07:31misunderstood, desperately lonely, and mentally ill.
- 1:07:35The media has gone so far as to encourage the narrative of this
- 1:07:39being a young boy's ultimate fantasy getting with the hot
- 1:07:43older teacher. This is not a new portrayal by
- 1:07:46any means as it has been commonly depicted in all forms
- 1:07:50of media. Fortunately, today female
- 1:07:53educators who prey on young vulnerable males or females are
- 1:07:57being cast in a different and more dangerous light than in
- 1:08:01previous decades. The research done on female
- 1:08:04sexual predators yields very conflicting results depending on
- 1:08:08what sources the data has come from.
- 1:08:10Hence lies a big reason as to why they are not part of the
- 1:08:15stranger danger equation or conversation most parents have.
- 1:08:20But studies show their prevalence is much higher than
- 1:08:24expected. One research study based on 232
- 1:08:28sexual offense arrests of women from 2001 in 21 U.S. states
- 1:08:33discovered that of the women arrested for sexual offenses,
- 1:08:3645% were Co offenders. Research on female Co offending
- 1:08:41has revealed that some of them also engage in abuse on their
- 1:08:44own before or after Co offending with a partner, typically male.
- 1:08:50A more recent study done in 2015 that analyzed all sexual crime
- 1:08:54incidents between 1992 and 2011 across 37 states showed that out
- 1:09:01of the 800 and 2150 sex crimes that were reported, if .4% were
- 1:09:08committed by females. Of the 43,018 incidents
- 1:09:12involving females, 38.1% were committed with a Co offender
- 1:09:17with 85% of them being male. What was shocking to learn from
- 1:09:20the study is that 61.9% of the cases that were committed by
- 1:09:26women were committed by women alone, indicating that 2/3 of
- 1:09:31all sexual offenses committed by females are done on their own
- 1:09:34without any force, coercion or abuse by a Co offender.
- 1:09:38The belief that a female who commits sexual offenses is
- 1:09:42almost always accompanied or forced by a male partner is a
- 1:09:46lie. It is a myth that perpetuates
- 1:09:49the idea that females are victims and they are innocent or
- 1:09:53at least less culpable of the crime.
- 1:09:56A meta analysis based on 17 samples from 12 different
- 1:09:59countries showed that sexual offenses committed by females
- 1:10:03reported to police were approximately 2.2% of all
- 1:10:07incidents. However, in shocking contrast,
- 1:10:11victimization surveys revealed the prevalence of such offenses
- 1:10:16to be as high as 11.6%, which is almost 6 times higher than the
- 1:10:21official crime data. Males were much more likely to
- 1:10:24self report that their offender was a female. 40% of males
- 1:10:29reported they were molested or abused by a female versus only
- 1:10:324% of females who reported their offender was a woman.
- 1:10:36Another unofficial source supported the disturbing truth
- 1:10:40about female sexual offenders. Data from the National Society
- 1:10:44for the Prevention of Cruelty to Children revealed that 5% of
- 1:10:48girls and 44% of boys who reported abuse through the child
- 1:10:52helpline claimed to have been abused by a female.
- 1:10:57A meta analysis of female sexual offenders in 12 countries
- 1:11:01unearthed a similar alarming pattern.
- 1:11:04Officially, reported crimes indicate that they account for
- 1:11:06around 2% of sexual offenders. However, when victimization data
- 1:11:11was exclusively evaluated, 12% of all sexual offenders were
- 1:11:16female. Much of this conflicting data
- 1:11:18stems from the fact that many health professionals, as well as
- 1:11:22law enforcement, don't perceive females as being sexual abusers
- 1:11:27or predators. Too often, their victims are not
- 1:11:30believed. Other adults explain away the
- 1:11:33actions of the female offenders, behavior that was misunderstood
- 1:11:37or misread by the victim in some way.
- 1:11:39This is particularly true when the offender is the victim's
- 1:11:43relative, especially when it is their mothers.
- 1:11:46Instead of being supported and given compassion, victims are
- 1:11:49told they must have misinterpreted how their mother
- 1:11:52touched them. It was a figment of their
- 1:11:54imagination or even a fantasy. When a female does sexually
- 1:12:00offend, they are frequently portrayed as the Co offender of
- 1:12:03a man who forced them to participate.
- 1:12:06Or at least that is how they depict their role in the
- 1:12:08offence. Or the woman must have been
- 1:12:10severely mentally ill to have committed such a sick act
- 1:12:13against a child. Or even more dangerous is the
- 1:12:17notion that when a female sexually offends, little to no
- 1:12:21harm is done. All of these beliefs align with
- 1:12:25the long held traditional view of female criminals.
- 1:12:28Females who commit sexual homicide constitute
- 1:12:31approximately 5% of all known offenders.
- 1:12:35Due to this very low rate of female sexual offenders being
- 1:12:38arrested, much less charged and convicted of such offenses, it
- 1:12:42remains a low prioritized area of study.
- 1:12:46There is very little research that has been conducted on
- 1:12:49female sexual offenders, much less female sexual murderers.
- 1:12:54Homicide arrests between 1976 and 2022 showed that females
- 1:12:58accounted for 11.6% of offenders.
- 1:13:03Of these homicide offenders, 6201 cases were defined as
- 1:13:08sexual murders. An analysis of 158 single victim
- 1:13:12cases revealed some interesting characteristics and patterns of
- 1:13:16female sexual murderers. The average age was 27.9, with
- 1:13:2175.3% being between the ages of 18 and 39 years old.
- 1:13:26Female sexual murderers targeted acquaintances in 42% of the
- 1:13:31incidents and 33 point .9% were strangers. 76.6% of these
- 1:13:37homicides were committed in areas with higher populations.
- 1:13:40Firearms were used in 63.9% of the murders.
- 1:13:46For society to believe that girls and women are capable of
- 1:13:49purposely and knowingly sexually harming children, including
- 1:13:53committing violent acts that lead to their deaths, we must
- 1:13:58let go of ingrained perceptions and preconceptions surrounding
- 1:14:04females. Not all females are kind,
- 1:14:07nurturing, nor are they protective of children.
- 1:14:10Not all females are trustworthy. Many females are just as
- 1:14:15dangerous and predatory as males can be.
- 1:14:19Females can target, manipulate, and harm children.
- 1:14:23Females can be sexual offenders. Girls and women can be sick,
- 1:14:27twisted, and depraved for the sheer reason of wanting to
- 1:14:32inflict harm, control, and seek to fulfill their own vile sexual
- 1:14:36pleasures just as boys and men can.
- 1:14:39The sooner societies acknowledge and accept this fact, the less
- 1:14:44likely an innocent child will fall prey to a sadistic female
- 1:14:49predator like Debia Binkered. Thank you so much for listening
- 1:14:58to the tragic, heartbreaking story of Francis Lola Davier.
- 1:15:07For those of you who aren't already aware, I alone am Shades
- 1:15:10of Murder and it's a true labor of love.
- 1:15:15I know there are countless true crime podcasts out there and
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- 1:16:46Until next time, stay safe and watch out for Shades of Murder
- 1:16:55happening in the streets next door, actually inside your own
- 1:17:02home. Shades of Murder is created,
- 1:17:07researched, written and edited by Elito Caldwell.
- 1:17:13Original music stranger composed by Stereo Code.