Wolfgang Werlé and Manfred Lauber
Encyclopedia
Wolfgang Werlé and Manfred Lauber are German half-brothers who were convicted of the 1990 murder of actor Walter Sedlmayr
. The murder, and subsequent trial and conviction of Werlé and Lauber in 1993, received extensive media coverage in Germany and elsewhere.
In 2009, Werlé and Lauber again received international media coverage when Werlé attempted to remove his name from foreign media sources, including the English language Wikipedia
, citing German privacy laws.
apartment. He had been tied up, stabbed in the stomach with a knife and was beaten about his head with a hammer. On May 21, 1993, a Munich court found Wolfgang Werlé and his half-brother guilty of Sedlmayr's murder and sentenced both to life imprisonment. Sedlmayr was one of Germany's prominent actors, and the case was described by the Berliner Morgenpost
as "the most spectacular in Munich's postwar history."
Witnesses at the trial said that the two brothers were involved in business disputes with Sedlmayr. The case became notable for its lurid tabloid newspaper coverage of Sedlmayr's homosexuality
, which had previously been private. The German media reported the identities of both of the brothers at the time of the trial. An appeal against the convictions was rejected in 1994.
Werlé was released on parole in August 2007, while Lauber was released in 2008. Both brothers continue to protest their innocence, and questions have been raised about the fingerprint
evidence. In 1998, a fingerprint from the shower curtain of the apartment was identified as belonging to a 44-year-old man from Ingolstadt
who had previously been questioned, but denied involvement with the murder.
a cease and desist
letter requesting that Werlé's name be removed from the English language Wikipedia
article Walter Sedlmayr
, citing a 1973 Federal Constitutional Court decision that allows the suppression of a criminal's name in news accounts once he is released from custody. Previously, the attorney for both men, Alexander H. Stopp, had won a default judgment in German court, on behalf of Lauber, against the Wikimedia Foundation. According to the Electronic Frontier Foundation
, Werlé's lawyers also challenged an Internet service provider in Austria which published the names of the convicted killers.
Wikimedia is based in the United States, where the First Amendment to the United States Constitution
protects freedom of speech
and freedom of the press
, under which the articles on Wikipedia would fall. In Germany, the law seeks to protect the name and likenesses of private persons from unwanted publicity.
On January 18, 2008, a court in Hamburg
supported the personality rights of Werlé, which under German law includes removing his name from archive coverage of the case.
On November 12, 2009, The New York Times
reported that Wolfgang Werlé has a case pending against the Wikimedia Foundation
in a German court. The German language Wikipedia article about the Sedlmayr case removed the names of the murderers. The Guardian
observed that the lawsuit has led to the Streisand effect
, an upsurge in publicity for the case resulting from the legal action.
On December 15, 2009, the German Federal Court of Justice
(Bundesgerichtshof) in Karlsruhe
ruled that German websites do not have to check their archives in order to provide permanent protection of personality rights for convicted criminals. The case occurred after the names of the brothers were found on the website of Deutschlandradio
, in an archive article dating from July 2000. The presiding judge Gregor Galke stated "This is not a blank check", and pointed out that the right to rehabilitation of offenders had been taken into consideration.
Walter Sedlmayr
Walter Sedlmayr was a Bavarian stage, television, and movie actor.-Career:After his 1945 wartime Abitur, Sedlmayr served as a Flakhelfer towards the end of World War II...
. The murder, and subsequent trial and conviction of Werlé and Lauber in 1993, received extensive media coverage in Germany and elsewhere.
In 2009, Werlé and Lauber again received international media coverage when Werlé attempted to remove his name from foreign media sources, including the English language Wikipedia
Wikipedia
Wikipedia is a free, web-based, collaborative, multilingual encyclopedia project supported by the non-profit Wikimedia Foundation. Its 20 million articles have been written collaboratively by volunteers around the world. Almost all of its articles can be edited by anyone with access to the site,...
, citing German privacy laws.
Sedlmayr murder and trial
On July 15, 1990, Sedlmayr's body was found in the bedroom of his MunichMunich
Munich The city's motto is "" . Before 2006, it was "Weltstadt mit Herz" . Its native name, , is derived from the Old High German Munichen, meaning "by the monks' place". The city's name derives from the monks of the Benedictine order who founded the city; hence the monk depicted on the city's coat...
apartment. He had been tied up, stabbed in the stomach with a knife and was beaten about his head with a hammer. On May 21, 1993, a Munich court found Wolfgang Werlé and his half-brother guilty of Sedlmayr's murder and sentenced both to life imprisonment. Sedlmayr was one of Germany's prominent actors, and the case was described by the Berliner Morgenpost
Berliner Morgenpost
Berliner Morgenpost is a German newspaper, based and mainly read in Berlin, where it is the second most read daily newspaper. Founded in 1898 by Leopold Ullstein, it was taken over by Axel Springer AG in 1959. The paper had a circulation of 145,556 issues in 2009, with an estimated 322,000 readers...
as "the most spectacular in Munich's postwar history."
Witnesses at the trial said that the two brothers were involved in business disputes with Sedlmayr. The case became notable for its lurid tabloid newspaper coverage of Sedlmayr's homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
, which had previously been private. The German media reported the identities of both of the brothers at the time of the trial. An appeal against the convictions was rejected in 1994.
Werlé was released on parole in August 2007, while Lauber was released in 2008. Both brothers continue to protest their innocence, and questions have been raised about the fingerprint
Fingerprint
A fingerprint in its narrow sense is an impression left by the friction ridges of a human finger. In a wider use of the term, fingerprints are the traces of an impression from the friction ridges of any part of a human hand. A print from the foot can also leave an impression of friction ridges...
evidence. In 1998, a fingerprint from the shower curtain of the apartment was identified as belonging to a 44-year-old man from Ingolstadt
Ingolstadt
Ingolstadt is a city in the Free State of Bavaria, in the Federal Republic of Germany. It is located along the banks of the Danube River, in the center of Bavaria. As at 31 March 2011, Ingolstadt had 125.407 residents...
who had previously been questioned, but denied involvement with the murder.
Privacy dispute
On October 27, 2009, lawyers for Wolfgang Werlé sent the Wikimedia FoundationWikimedia Foundation
Wikimedia Foundation, Inc. is an American non-profit charitable organization headquartered in San Francisco, California, United States, and organized under the laws of the state of Florida, where it was initially based...
a cease and desist
Cease and desist
A cease and desist is an order or request to halt an activity and not to take it up again later or else face legal action. The recipient of the cease-and-desist may be an individual or an organization....
letter requesting that Werlé's name be removed from the English language Wikipedia
Wikipedia
Wikipedia is a free, web-based, collaborative, multilingual encyclopedia project supported by the non-profit Wikimedia Foundation. Its 20 million articles have been written collaboratively by volunteers around the world. Almost all of its articles can be edited by anyone with access to the site,...
article Walter Sedlmayr
Walter Sedlmayr
Walter Sedlmayr was a Bavarian stage, television, and movie actor.-Career:After his 1945 wartime Abitur, Sedlmayr served as a Flakhelfer towards the end of World War II...
, citing a 1973 Federal Constitutional Court decision that allows the suppression of a criminal's name in news accounts once he is released from custody. Previously, the attorney for both men, Alexander H. Stopp, had won a default judgment in German court, on behalf of Lauber, against the Wikimedia Foundation. According to the Electronic Frontier Foundation
Electronic Frontier Foundation
The Electronic Frontier Foundation is an international non-profit digital rights advocacy and legal organization based in the United States...
, Werlé's lawyers also challenged an Internet service provider in Austria which published the names of the convicted killers.
Wikimedia is based in the United States, where the First Amendment to the United States Constitution
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
protects freedom of speech
Freedom of speech in the United States
Freedom of speech in the United States is protected by the First Amendment to the United States Constitution and by many state constitutions and state and federal laws, with the exception of obscenity, defamation, incitement to riot, and fighting words, as well as harassment, privileged...
and freedom of the press
Freedom of the press in the United States
Freedom of the press in the United States is protected by the First Amendment to the United States Constitution. This clause is generally understood as prohibiting the government from interfering with the printing and distribution of information or opinions, although freedom of the press, like...
, under which the articles on Wikipedia would fall. In Germany, the law seeks to protect the name and likenesses of private persons from unwanted publicity.
On January 18, 2008, a court in Hamburg
Hamburg
-History:The first historic name for the city was, according to Claudius Ptolemy's reports, Treva.But the city takes its modern name, Hamburg, from the first permanent building on the site, a castle whose construction was ordered by the Emperor Charlemagne in AD 808...
supported the personality rights of Werlé, which under German law includes removing his name from archive coverage of the case.
On November 12, 2009, The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
reported that Wolfgang Werlé has a case pending against the Wikimedia Foundation
Wikimedia Foundation
Wikimedia Foundation, Inc. is an American non-profit charitable organization headquartered in San Francisco, California, United States, and organized under the laws of the state of Florida, where it was initially based...
in a German court. The German language Wikipedia article about the Sedlmayr case removed the names of the murderers. The Guardian
The Guardian
The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
observed that the lawsuit has led to the Streisand effect
Streisand effect
The Streisand effect is a primarily online phenomenon in which an attempt to hide or remove a piece of information has the unintended consequence of publicizing the information more widely...
, an upsurge in publicity for the case resulting from the legal action.
On December 15, 2009, the German Federal Court of Justice
Federal Court of Justice of Germany
The Federal Court of Justice of Germany in Karlsruhe is the highest court in the system of ordinary jurisdiction in Germany. It is the supreme court in all matters of criminal and private law...
(Bundesgerichtshof) in Karlsruhe
Karlsruhe
The City of Karlsruhe is a city in the southwest of Germany, in the state of Baden-Württemberg, located near the French-German border.Karlsruhe was founded in 1715 as Karlsruhe Palace, when Germany was a series of principalities and city states...
ruled that German websites do not have to check their archives in order to provide permanent protection of personality rights for convicted criminals. The case occurred after the names of the brothers were found on the website of Deutschlandradio
Deutschlandradio
Deutschlandradio is a national German public broadcasting radio broadcaster. It operates four national networks, Deutschlandfunk, Deutschlandradio Kultur, Dokumente und Debatten and DRadio Wissen....
, in an archive article dating from July 2000. The presiding judge Gregor Galke stated "This is not a blank check", and pointed out that the right to rehabilitation of offenders had been taken into consideration.
External links
- Sedlmayr-Mörder – Namen dürfen genannt werden (in German, with picture gallery about the Sedlmayr case, December 16, 2009)
- Sedlmayr-Mörder auf der Flucht (in German, about one of the half-brothers, the one libertated in 2007-Wolfgang Werlé, March 19, 2010)