On 6 October 1995, 15-year-old Nicole van den Hurk () disappeared on her way to work in
Eindhoven, in the
Dutch province of
North Brabant
North Brabant ( nl, Noord-Brabant ; Brabantian: ; ), also unofficially called Brabant, is a province in the south of the Netherlands. It borders the provinces of South Holland and Gelderland to the north, Limburg to the east, Zeeland to the w ...
. On 22 November, her body was found in the woods between the towns of
Mierlo and
Lierop
Lierop is a village in the Dutch province of North Brabant. It is located in the municipality of Someren, about 7 km south of Helmond.
History
The village was first mentioned in 1155 as Lirdob. The etymology is unknown. Lierop develop alo ...
.
In 2011, van den Hurk's stepbrother confessed to the killing,
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
Genetic testing, also known as DNA testing, is used to identify changes in DNA sequence or chromosome structure. Genetic testing can also include measuring the results of genetic changes, such as RNA analysis as an output of gene expression, or ...
.
DNA collected from the girl's remains and from the crime scene led to the arrest of a man in January 2014,
who is referred to only as Jos de G. () in media reports due to a commonly accepted privacy code from the Dutch media. Jos de G. was already convicted in other cases with the same
modus operandi. The
serial rapist
A serial rapist is someone who commits multiple rapes, whether with multiple victims or a single victim repeatedly over a period of time. Some serial rapists target children. The terms ''sexual predator'', ''repeat rape'' and ''multiple offending ...
was charged with rape and manslaughter, however De G. was initially acquitted of manslaughter but found guilty of rape in November 2016, and was sentenced to five years' imprisonment.
After the public prosecution appealed against the acquittal, De G. was convicted of both rape and manslaughter and his sentence was increased to twelve years.
Background and disappearance
Nicole van den Hurk was born on 4 July 1980 in
Erkelenz
Erkelenz (, li, Erkelens ) is a town in the Rhineland in western Germany that lies southwest of Mönchengladbach on the northern edge of the Cologne Lowland, halfway between the Lower Rhine region and the Lower Meuse. It is a medium-sized town ...
, Germany, to a single mother (Angelika Tegtmeier). After her birth, her mother began a relationship with a Dutchman (Ad van den Hurk); the three later moved to the Netherlands together, where the couple then married. The last name of baby Nicole and her mother, Tegtmeier, were changed into the last name of Nicole’s new stepfather, van den Hurk. In 1989, van den Hurk's mother and stepfather divorced with the stepfather winning
custody of Nicole.
Nicole was further raised by her stepfather, and later her new stepmother, along with their other children. One of Nicole’s stepsiblings, Andy, would later help with a breakthrough in the cold case. In April 1995, Nicole’s mother committed
suicide in
Tilburg
Tilburg () is a city and municipality in the Netherlands, in the southern province of North Brabant. With a population of 222,601 (1 July 2021), it is the second-largest city or municipality in North Brabant after Eindhoven and the seventh-larg ...
.
At the time of her disappearance, van den Hurk was staying at her grandmother's house in
Tongelre.
On the early morning of Friday, 6 October 1995, the fifteen-year-old began cycling towards , where she was working a holiday job, failing to arrive.
At 18:00 that day, police found her bicycle in the river
Dommel
The Dommel is a small river in Belgium and the Netherlands, left tributary of the Dieze. It is 120 km long, of which 85 km in the Netherlands. The Dommel takes in water from the Keersop, Tongelreep, Run, Gender and Kleine Dommel streams and merg ...
. 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. Her stepfather denied the hypothesis that she had run away to Germany, where her extended family lived. By 20 November, police had received around 300 leads.
On Wednesday, 22 November, a passerby found her body in the woods between
Mierlo and
Lierop
Lierop is a village in the Dutch province of North Brabant. It is located in the municipality of Someren, about 7 km south of Helmond.
History
The village was first mentioned in 1155 as Lirdob. The etymology is unknown. Lierop develop alo ...
.
Her funeral on 28 November was attended by some one thousand mourners. Her
post-mortem
An autopsy (post-mortem examination, obduction, necropsy, or autopsia cadaverum) is a surgical procedure that consists of a thorough examination of a corpse by dissection to determine the cause, mode, and manner of death or to evaluate any di ...
showed she had suffered two fractures to the jaw, other injuries to the head and fingers, and a rib injury caused by stabbing.
Investigation
On 24 October 1995, an anonymous man telephoned police saying 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.
Later, the team of detectives was reduced to four.
In February, a friend of the Van den Hurk family arrested for drug trafficking claimed to have been forced to smuggle heroin by men involved in the killing.
The police said this testimony was flawed and was of no help. Meanwhile, ''Passie'' magazine offered a reward for details about the killer. Between May and June, the victim's stepbrother and stepfather were arrested in connection with the killing, and then cleared.
Confession of the Stepbrother
In 2004, a
cold case
A cold case is a crime, or a suspected crime, that has not yet been fully resolved and is not the subject of a current criminal investigation, but for which new information could emerge from new witness testimony, re-examined archives, new or r ...
team investigated the killing to no avail.
By 2011, the victim's stepbrother Andy had moved to England. On 8 March, he confessed to the killing in a Facebook post, and was arrested by British police.
He was
extradited
Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdi ...
to the Netherlands on 30 March,
but was released five days later as the Facebook post was the only evidence against him.
Later, he retracted his confession, saying that he believed his father was the culprit; in a 2016 interview, Andy claimed to have falsely confessed to the killing in order to revive attention to his stepsister's death and get her body exhumed for
DNA testing
Genetic testing, also known as DNA testing, is used to identify changes in DNA sequence or chromosome structure. Genetic testing can also include measuring the results of genetic changes, such as RNA analysis as an output of gene expression, o ...
.
At the beginning of 2011, after the confession of her stepbrother, a new cold case team was placed on the case, which continued their research even after the confession turned out to be false.
Her remains were exhumed in September 2011 to allow DNA samples to be obtained,
while the reward for the killer's details was increased from 25,000
guilders
Guilder is the English translation of the Dutch and German ''gulden'', originally shortened from Middle High German ''guldin pfenninc'' "gold penny". This was the term that became current in the southern and western parts of the Holy Roman Emp ...
to
€
The euro sign () is the currency sign used for the euro, the official currency of the eurozone and unilaterally adopted by Kosovo and Montenegro. The design was presented to the public by the European Commission on 12 December 1996. It consists ...
15,000; within a week of this, the police announced that foreign DNA had been found on the remains
and that they had received more than twenty new leads.
Research
The prosecution case was based upon test results from physical evidence and investigation of the persons of interest. The total evidence in the case consisted of the following:
*
General forensic,
forensic pathological and
forensic entomological research of the victim’s remains and clothing.
*
DNA research
''DNA Research'' is an international, peer reviewed journal of genomics and DNA research. The journal was established in 1994, and is published by Oxford University Press on behalf of the Kazusa DNA Research Institute. The journal is edited by ...
of biological samples obtained from the victim’s remains and clothing.
*
Forensic identification of the hair found on the victim’s jacket.
* Tactical investigation of all the suspects.
*
Background analysis of the victim.
Suspect identification
The DNA evidence from the remains consisted of two clear male profiles; one belonged to Van den Hurk's boyfriend (at the time of her murder) and the other to an unknown male.
The cold case team made a connection between the
modus operandi in Van den Hurk’s case and another rape case in September 2000 in the same area (
Valkenswaard
Valkenswaard () is a municipality and a town in the southern Netherlands, in the Metropoolregio Eindhoven of the province of North Brabant. The municipality had a population of in and spans an area of of which is water.
The name Valkenswaard ...
). In that case another young woman was taken from her bicycle and raped at knifepoint. The perpetrator of that case was convicted for the crime in 2001. The similarities between the cases gave the detectives enough reasons to compare a previously taken DNA sample from the suspect with the DNA profiles obtained from Nicole’s remains.
On 14 January 2014, the police arrested a 46-year-old man identified as Jos de G. after his DNA matched samples found on the remains and at the crime scene.
The semen DNA profile and the
mtDNA profile of the hair found on the victim’s jacket both matched with the suspect.
De G. had previously been convicted of three rapes, being sentenced to three years
preventive detention
Preventive detention is an imprisonment that is putatively justified for non- punitive purposes, most often to prevent (further) criminal acts.
Types of preventive detention
There is no universally agreed definition of preventive detention, and m ...
and
compulsory treatment for one of them.
He was known to have left his ex-girlfriend's home after a fight hours before the victim's disappearance.
The “Third DNA profile”
The DNA sample obtained from Van den Hurk’s remains, was the prosecution’s main piece of evidence for De G.’s conviction. However, it was also a controversial piece of evidence, that was used by the defence team against the
manslaughter charges from the prosecution during the initial trial.
Collection of DNA samples
In 1995, these DNA samples were collected from three locations; two on the genital area of the victim’s remains and one on her underwear. The victim’s body was found after being exposed to bacteria and the natural elements for nearly 7 weeks, which resulted in decomposition of DNA material. Furthermore, the collection of DNA in 1995 was done in a more primitive way than would be done these days. These external factors gave the DNA sample a high risk of contamination.
Analysis by experts
Several different DNA analysis experts from different forensic institutes were asked to research the complex mixed DNA sample, namely:
* R. Eikelenboom (
Independent Forensic Services),
* J. Klaver-Koopman and T.J.P. de Blaeij (
Netherlands Forensic Institute
The Netherlands Forensic Institute (Dutch ''Nederlands Forensisch Instituut'') is the national forensics institute of the Netherlands, located in the Ypenburg quarter of The Hague.
It is an autonomous division of the Dutch Ministry of Security ...
), and
* J.S. Buckleton (
Institute of Environmental Science and Research
The Institute of Environmental Science and Research (ESR) is a New Zealand Crown Research Institute (CRI). Its purpose is to deliver scientific and research services to the public health, food safety, security and justice systems, and the enviro ...
from
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
).
All experts presented their results and conclusion during the trial and were interrogated about their findings. Furthermore, communication with M.W. Perlin, chief scientific officer of
Cybergenetics, about his opinion on the matter was used during the trial.
Several computer software programs were used by the experts for the DNA analysis. These programs analyze
DNA profiles using statistical methods, a process called
probabilistic genotyping. The programs that were used are:
*
TrueAllele, a program by
Cybergenetics (a genetic software company from the
US).
*
LRmix Studio and
MixCal, programs by
Netherlands Forensic Institute
The Netherlands Forensic Institute (Dutch ''Nederlands Forensisch Instituut'') is the national forensics institute of the Netherlands, located in the Ypenburg quarter of The Hague.
It is an autonomous division of the Dutch Ministry of Security ...
.
*
STRmix, a program by
Institute of Environmental Science and Research
The Institute of Environmental Science and Research (ESR) is a New Zealand Crown Research Institute (CRI). Its purpose is to deliver scientific and research services to the public health, food safety, security and justice systems, and the enviro ...
created by J.S. Buckleton and colleagues.
Test results
The three DNA samples were analysed by the experts, but the results were inconclusive as the samples contained complex mixes of DNA profiles. However, the samples contained two clear distinctive DNA profiles from two males—believed by experts to be a match to De G. and Van den Hurk's then-boyfriend. But, apart from the two clear DNA profiles, also some peaks were detected that did not match the two males.
This resulted in the speculation of at least one other suspect, which possibly could be responsible for the killing of the victim instead of De G. It took the DNA experts multiple years to come to a conclusion, and during this time wild speculations were made by the media, the defence team and the prosecution. The explanation from the experts about the inconclusive test results was misinterpreted by many as evidence for a “third DNA profile”. Mainly Nicole’s stepfather and stepbrother were accused of being involved in her murder.
Final trial conclusion
The DNA results of the
complex DNA mix consisted of two distinctive DNA profiles and a set of peaks, which were inconclusive. Relatively quickly, the court came to the conclusion that beyond a reasonable doubt the two distinctive profiles were from Jos de G. and her then-boyfriend. However, the discussion about the set of peaks would take years and they were the reason for the prosecution to appeal the court’s initial verdict. The possible reason for the existence of these peaks were:
# Contamination and
DNA degradation (from the DNA collection or before collection by external factors on the remains).
# One or more contributors to the DNA sample, other than the suspect, then-boyfriend or victim.
During the appeal, the
Supreme Court concluded that the second possibility was highly unlikely, based on the context and the results from the tactical investigations and forensic research of the case. Therefore, the possibility of at least one more contributor to the DNA sample was eventually rejected by the Supreme Court on 21 April 2020.
Trial
Court hearings
When the case first came to court in April 2014, De G.'s lawyer disputed the DNA evidence, as DNA from other people, including Van den Hurk's ex-boyfriend, was also found on her remains.
His lawyer argued that Van den Hurk may have had consensual sex with De G., as she had multiple sexual partners, and even may have been pregnant when she died.
In July 2014, the
parquet (public prosecution) dropped the
murder charge against De G. in favour of
manslaughter and
rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...
charges.
At another hearing in October 2015, De G. claimed to have never met the victim and denied contact with Van den Hurk at the time of her disappearance. Due to the hard evidence against this statement, the suspect and his defence team argued that Van den Hurk may have had consensual sex with De G. a few days before her murder and he was not able to remember the event due to his rough lifestyle at that moment.
Trial
De G.'s trial began on 2 November 2015. Prosecution experts testified to the DNA evidence.
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.
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.
De G.'s attorney argued this testimony was motivated by the €15,000 reward.
A trace of semen containing DNA from at least two persons—believed by experts to be De G., Van den Hurk's then-boyfriend and possibly a third suspect—had been found on her remains.
With experts disagreeing on the reliability of the sample and the conclusions that could be drawn from the test results, it was announced in March 2016 that scientists would re-analyse the DNA results using new methods.
On 19 April 2016, the court heard that it was 2.28 million times more likely than not that De G. was one of the people whose DNA was found on the remains.
Trial verdict
On 12 October 2016, the prosecution demanded that De G. receive fourteen years' imprisonment, asserting that he could not have had consensual sex with Van den Hurk, arguing that she had no time for a second relationship.
On 21 November 2016, De G. was found guilty of rape but acquitted of manslaughter. The court sentenced the
serial rapist
A serial rapist is someone who commits multiple rapes, whether with multiple victims or a single victim repeatedly over a period of time. Some serial rapists target children. The terms ''sexual predator'', ''repeat rape'' and ''multiple offending ...
to five years' imprisonment.
In determining the penalty, the court took into account the finding that he was
legally insane at the time of the crime. He was acquitted of manslaughter on the basis of the possibility of another suspect as the killer in this case, which could not be ruled out based on the test results of the complicated DNA mix.
Appeal and Supreme Court
The public prosecution appealed against De G.'s acquittal shortly after the trial ended. The appeal case began on 28 August 2018.
On 29 August, the prosecution demanded a sentence of fourteen years' imprisonment, as they had done in the initial trial. On 9 October, the acquittal was overturned and De G. was sentenced to twelve years' imprisonment for the rape and manslaughter of Van den Hurk.
The sentence was upheld by the
Supreme Court on 16 June 2020.
See also
Further reading
* Official court document on th
case (Dutch).
References
External links
*
Timeline of Nicole van den Hurk murder caseat
Eindhovens Dagblad
''Eindhovens Dagblad'' is a daily Dutch newspaper based in the city of Eindhoven. In 2017 it had a circulation of about 80,000.
History
''Eindhovensch Dagblad'' first appeared on 23 December 1911.
In 1963 it was bought by the owner of its comp ...
{{DEFAULTSORT:Hurk, Nicole van den, Killing of
1990s missing person cases
1995 crimes in the Netherlands
Events in Eindhoven
False confessions
October 1995 events in Europe
Rape in the Netherlands
Violence against women in the Netherlands