The Art Thief
by Michael Finkel
Contents
Chapter 33
Overview
At Breitwieser’s Swiss trial, the defense argues for time served, casting him as a passionate “borrower” who intended to return the art. Friends and his father bolster this portrayal. Prosecutors counter with evidence of widespread harm, missing and likely destroyed works, and high risk of recidivism. The case goes to the jury.
Summary
The defense opens by asserting that Stéphane Breitwieser’s 444 days in jail are sufficient, framing him as a courteous thief who avoided violence. Two witnesses support this: framer Christian Meichler, who praises Breitwieser’s collector’s soul, and Roland Breitwieser, who describes his son’s solitary nature and attachment to objects.
Breitwieser testifies that he always intended to return the art—“I was just their temporary custodian”—and swears he is finished stealing. His attorney develops a “borrowing” defense, citing the Bunton and Peruggia precedents where masterpieces were recovered intact and sentences were light, arguing Breitwieser sought the same outcome and has already served longer.
The prosecutor rebuts, documenting forty-seven theft methods, frequent offenses, and letters from institutions demanding restitution, emphasizing cultural harm. Witnesses for the prosecution detail losses: Lucerne’s cultural director mourns the 1584 Wagner Museum bugle (strap found, horn missing); Gruyères Castle’s curator notes partial recoveries but two paintings gone and upgraded alarms. Investigators believe many wooden pieces likely burned with the destroyed paintings.
Marie-Claude Morand, a Valais museum director, describes a lost Napoleon-commissioned tobacco box’s historic value and becomes emotional; Breitwieser apologizes, then displays expertise by correcting details about a hunting sword and citing a publication. In closing, the prosecutor reads a letter showing Breitwieser would have kept stealing and cites a psychotherapist’s report of no guilt and high recidivism. The prosecutor seeks a heavy sentence; the defense pleads for clemency. The jury is sent to deliberate.
Who Appears
- Stéphane BreitwieserDefendant; claims he intended to return the art, vows to stop, shows expertise, apologizes once.
- Swiss prosecutorLeads the case against him; details harm, quotes his letter, cites high recidivism, seeks a heavy sentence.
- Defense attorneyArgues for time served and a ‘borrowing’ theory; cites historical cases; calls supportive witnesses.
- Christian MeichlerFramer and friend; defense witness who empathizes and praises Breitwieser’s collector’s passion.
- Roland BreitwieserFather; defense witness who shares responsibility, describes his son’s solitary, object-focused nature.
- JudgeSkeptical of the borrowing claim; extracts an oath and sends the jury to deliberate.
- Marie-Claude MorandMuseum director from Valais; gives emotional testimony about a lost tobacco box; debates sword details.
- Cultural director of LucerneProsecution witness; mourns the missing 1584 Wagner Museum bugle and its historic strap.
- Curator of Gruyères CastleProsecution witness; recounts four thefts, partial recoveries, and irreplaceable missing paintings.
- Michel SchmidtPsychotherapist; report says he lacks guilt and is at high risk of reoffending.