Thursday April 13, 1989, about ten kilometers from Dax, a partly dismembered body, who left a bloody trail for a hundred meters, is discovered by a freight train driver. The victim, completely unrecognizable, died recently after falling from a train. That morning, only the Hendaye-Paris express passed through here.
“SNCF professionals are unfortunately used to either people being hit on purpose or people jumping from the moving train. At that moment, the first intuition was that of suicide. But the discovery downstream, 5 km further, of elements of identity completely changes the situation. The ballerina, the identity papers, could not have remained attached to the train and been lost a few kilometers further, explains Me Thierry Sagardoytho, lawyer at the Pau bar and author of the book Cases closed in Béarn and Basque Country, published by Sud-Ouest. So, we are rather on the hypothesis where this woman was deliberately thrown out of the train, and above all that his murderer tried to get rid of things as if to erase the traces of the crime.”
A checkbook in the name of a certain Jeanne Agosta, 26 years old, living in Rouen, is found, as well as his train ticket. She was traveling second class, in the car 68, in place 35. She had come to spend the Easter holidays with her parents, on the Basque coast, before going to Rouen to meet her fiancé.
Blood in the toilet
The pathologist responsible for examining the body indicates that the young woman was beaten before death and was clearly raped. The gendarmes manage to board the Hendaye-Paris express, which is scheduled to arrive at 3:57 p.m. Jeanne Agosta's two travel bags are found. Car 68 is examined. Traces of blood and a few hairs were found on the sides of the wagon as well as in the toilets. Clues which support the theory of an attack.
On board, investigators question the passengers. Some speak of the disturbing behavior of a young employee who was pushing a cart loaded with drinks, sandwiches and candy. Another passenger noted that this same employee had scratch marks on his arms. The individual is identified as Nicolas D., 21 years old, second year medical student working occasionally for the Servirail company.
The gendarmes question him, then search his home. “In the laundry basket, there are the underwear and the shirt he wore on the day of the tragedy. And there is blood. From then on, his story changes. He says that he followed this stranger to the toilet, that she gave a smile that he took as an invitation. A furtive sexual relationship would have followed and she would have threatened to denounce her, says Me Thierry Sagardoytho. It was there, he said, that the fight broke out.”
Living train pier
Monday April 17, 1989, four days after the death of Jeanne Agosta, Nicolas D. is charged with rape and intentional homicide. Questioned again, he abandons the thesis of a tragic flirtation then admits to having spotted the young woman whom he followed to the toilets. He unlocked the toilet door with his pass. The passenger screamed, then was beaten in the face and body before being raped. However, he denies having thrown the young woman from the train.
A version that changed, Thursday June 6, 1991, when Nicolas D., 23 years old, appeared before the Landes Assize Court, in Mont-de-Marsan. The accused, who continued to provide contradictory versions, ends up admitting for the first time to having assaulted, raped and defenestrated the student on the Hendaye-Paris train while she was still alive. Until then, he claimed that Jeanne Agosta had thrown herself onto the tracks. After two days of trial, Nicolas D. is sentenced to life imprisonment with a twenty-year security sentence.
In September 2015, twenty-six years after the death of Jeanne AgostaNicolas D., who took his life, is reintegrated into society. Today he runs a renowned bookstore in the west of France.
Guests from “Hour of Crime”
– Me Thierry Sagardoytho, lawyer at the Pau bar and author of the book Cases closed in Béarn and Basque Country, published by Sud-Ouest.
– Mr. Alain Sallefranque, lawyer at the Dax bar and lawyer for Nicolas D.
Read more
