Grâce à la liberté dans les communications, des groupes d’hommes de même nature pourront se réunir et fonder des communautés. Les nations seront dépassées.
Friedrich Nietzsche (Fragments posthumes XIII-883)

08 - Étude de cas : les épisodes "larmes"


Variations sur le dit "épisode des larmes"


Il s'agit d'une remarque que MMC aurait faite le 3 mai au petit-déjeuner. L'emploi du conditionnel se doit au fait qu'une telle remarque est peu plausible, à divers titres.  

- Du point de vue du message : il n'est certainement pas fréquent qu'une enfant de 3 ans fasse remarquer à ses parents qu'ils l'ont laissée seule avec ses frère et soeur. Les enfants de cet âge ne sont concernés que par eux-mêmes. Ils ne savent pas différer et oublient vite. Par ailleurs ils n'ont que leurs parents comme modèle, comment pourraient-ils les juger ?
-  Du point de vue de la forme : à cet âge les enfants ne construisent pas les phrases de cette manière.
- À qui MMC se serait-elle adressée ? À sa mère, selon son père, aux deux parents, selon sa mère.
- Qui a pleuré ? Les jumeaux, réveillant MMC (version 1 de KMC et GMC dans leurs dépositions respectives du 4 mai). Mais le 10 mai, GMC change son récit (version 2) : MMC et son frère Sean ont pleuré. KMC change le sien aussi, dans sa seconde déposition (6 septembre) : seule Madeleine a pleuré (version 3). GMC dépose le lendemain (7 sept) mais ne mentionne pas l'épisode dit "des larmes". En revanche
1) il réfute le témoignage de Pamela Fenn qui a entendu un enfant (pas un toddler) pleurer continûment entre 22h30 et 23h45, le 1er mai.
2) il dit qu'Amélie pleurant a réveillé MMC (ne sait plus quand, selon KMC le 1er mai). 
- Quand a-t-on pleuré dans le 5A ? Les versions 1, 2 et 3 ne le disent pas. Rachael MO, qui a passé toute cette soirée du 2 mai dans le 5B, exactement de l'autre côté de la cloison de la chambre des petits MC, n'a rien entendu (et pourtant toutes sortes de bruits s'entendaient d'un appartement à l'autre). Kate MC, qui reconnaît en septembre avoir dormi dans la chambre des enfants, le nuit du 2 mai, en déduit que l'épisode a eu lieu avant.

Dans le documentaire d'Emma Loach (diffusé le 30.04.2008, filmé bien avant), KMC adopte la version 2, mais dans interviewée le 1er mai, elle revient à la version 3. Dans l'édition de Crimewatch d'octobre 2013, KMC reprend la version 2.  Dans les entretiens "rogatoires", Fiona WP et Jane TB disent avoir entendu la version 2.










Extrait de 'Madeleine : One Year On'
transcrit par Nigel Moore - E. Loach - 30.04.2008
Gerry and Kate McCann are asked about their response when Madeleine allegedly told them on the morning of May 3 2007 that she and Sean had been crying the night before, when left alone.

Q : Tell me what happened, that morning... what Madeleine said.
Kate MC : Well, I... I can't remember if we'd just had breakfast, it was rou... it was, sort of, fairly early in the morning and she just very casually, really, said: (mimics Madeleine's voice) 'Where were you last night, when me and Sean cried?' and we immediately looked and said, you know: 'When was this, Madeleine? Was this when you were going to sleep?' and she didn't answer and then she just carried on playing, totally un-distressed.
Q : But did she tell you off when she was saying it?
KMC : No. It was a passing remark, you know, and...
Gerry McCann: Madeleine's very articulate and, errr... for her age, and, errm... you know, it's unlike her, if she's got something to say, to drop it. She just did... literally, dropped it, errm... and we both, kind of, looked at each other and said: 'Was it when we had just put them down?'
KMC : We obviously told the police because we thought 'does this indicate that someone's been round the night before?' and that's what's woken her up, which is significant, you know... you know, I've... you know, I've persecuted myself over and over again about that statement because you think 'Why didn't I, kind of, just hold her and say 'What d'you mean? What d'you mean?,' you know, 'What d'you mean you woke up?,' you know, and, kind of... but, you don't think that. I mean, it's easy saying that after what's happened...
L'histoire est ré-écrite ici, car l'idée que le ravisseur avait fait un coup d'essai (sans toucher ni à la fenêtre ni au volet) le soir d'avant est née plusieurs mois après le récit fait aux policiers portugais et britanniques.
Gerald MC : I think the worst thing is, we, kind of, almost thought about not going and, errm... and did. We weren't sure we were going to get into the Tapas, (to Kate) remember? And, errm...
KMC : In fact, we were all...
GMC : But, you know...
KMC : ...we were all going to go up to the Millennium again, that was... with the kids, which is what we did the first night. It was just, errm... it was just 'cause the walk was so long and we didn't have a buggy and the kids were tired by that time and I thought... we... we were... we did talk about going up to the Millennium that night.
GMC : But, I mean, the worst thing is, that you can't change any of that and it doesn't help find her and I think we've actually... despite, you know, our own guilt, we've tried to focus on what we can change and, errr... you know, in the first few days, you know, obviously we focussed much, much more on the negatives and it doesn't help; doesn't help Madeleine; doesn't help us; and it doesn't find her...
KMC : I mean it's...
GMC : ...and I suppose...
KMC : ... not like you never, never think about it, 'cause you do, you know, certainly, (to GMC) you know, you're perhaps a bit better than me at looking forward all the time but, errm... you know, I do go back and it does upset you and you think: 'Ohh, Why didn't I say: 'Why did you cry? Why did you cry?, you know, and 'Why didn't we go the Millennium?' and blah, blah, blah', you know, and then, as Gerry said, the... the guilt you feel for not being there and giving someone that opportunity, you know, but then I just have to, kind of, reel myself in and think, you know, I know how much I love Madeleine and I have no doubt that Madeleine knows how much, you know, I love her and I think... I mean, I know that, and I've just got to think, regardless of what all those people say out there; you know, those bloggers and people on the forums who obviously get some kind of kick out of being nasty. I know that, and I know Madeleine knows that, and I've just got to, kind of, keep hold of that, really...

Part 1




Part 2





transcrit par Nigel Moore - Sky News - 01.05.2008
Dermot Murnaghan : Was Madeleine upset the night before, about being left alone. Had she… had she had a moment and got out of bed and started crying and started looking for you?
KMC : I mean, I don't want to dwell on it too much, I mean, I don't know if you saw the documentary last night, so, I mean, I have talked about it, errm... Madeleine made a comment, errm… in passing, that, errm… 'Where were you when I cried?' Not just to mummy, by the way, just generally, errm… and it just seemed a bit odd. I mean, it was a very, kind of, passing remark and we just thought, 'Oh, she doesn't usually wake up' and, she woke up; that means that, you know, she must have fallen back asleep very quickly, errm... and then she moved on… you know, she moved on.
GMC : Anybody with young children will understand that children cry; they wake up at night. During that week there was one night, errr… and we can't give too much detail because it's part of the investigation file but there was one night where Madeleine came through and one of the other, errr… twins were crying, so, you know, and when she did mention to it… it to us and we asked her about it and she just dropped… she was completely fine and we thought, 'Was it when they were bathing, getting them, you know, first putting them down in that period when they're really tired. Of course, with hindsight, in the… in the context of what had happened; of Madeleine being abducted, it's put in a very different light and it's put in a very different light to us and, of course, we emphasised that to the police.
KMC : If Madeleine hadn't been abducted… if Madeleine hadn't been abducted we'd never have thought of that comment again, you know, it's only in hindsight that… you know, which is a wonderful thing, you think, 'I wonder was that relevant?' and hence the reason why we told the authorities, you know.


Crimewatch - 13.10.2013
KMC : I think we’ll all woke up around 7:30 and went through to have breakfast. It was at that point that Madeleine said (imite voix d'enfant) “Where were you when Sean and I cried last night?” And it's one of those questions that kind of throws you.
GMC  : We just made a mental note of it. We said, you know, actually we go out tonight, we need to make sure that we are really checking, we wouldn’t like to think they might wake up, be crying and looking for us


Kate MC 
Déposition 1 (comme victime)
04.05.2007 - PJ
Between the 28th and the day of the disappearance Kate says nothing unusual happened. She only refers to one episode on the morning of the 3rd, when Madeleine asked her why she had not come to her room when the twins were crying. Kate, as she did not hear anything, did not go to the room and found this a strange comment for her daughter to make to her. This was the first time that she made such a comment.
Déposition 2 (comme victime) 
06.09.2007 - PJ
KMC allait être constituée témoin assité le lendemain pour la suite de cette déposition.
When asked if she ever slept in Madeleine's room, she says that this happened on the Wednesday, because she was annoyed with Gerry. He ignored her after dinner when they went to the Tapas bar, which only happened that day. She decided to retaliate by sleeping in the other room, in the bed next to the window. She doesn't know if Gerry realised this because he was sleeping when she left, and if in fact her husband was aware of this, he made no comment.
Regarding this night she says that none of the children cried, she would have noticed as she was in the room. Regarding the fact that Madeleine on the next morning, Thursday, during breakfast said to both of them that she had been crying and that nobody had come to her room, she presumes that this crying must have been before she and Gerry returned to the apartment. When she asked Madeleine about this however, the child gave no importance to the matter. On this night they also checked on the children every half hour; however she thinks that 45 minutes had gone by from the time of the last check to when they arrived, as exceptionally they went to the Tapas bar. On this day she thinks that Gerry arrived at the apartment around 11.50pm and she arrived 5 minutes afterwards. She went to sleep in Madeleine's room 15/20 minutes afterwards. Before this she spent a few minutes in her bed next to Gerry's.
From reading her previous (et unique) statement, mainly lines 34-40 it can be understood that on the Wednesday night she (Kate) slept in the couple's bedroom, but that did not happen since she slept in Madeleine's room.
When asked if Madeleine slept in their room, she says yes, as mentioned, on the Tuesday night.
In "Madeleine"
Clarence had a phone call from a Spanish journalist who told him that he’d been given what appeared to be witness statements made by Gerry and me to the Portuguese police. The part of my statement in which he was interested was Madeleine’s comment to us on the morning of the day she disappeared: ‘Why didn’t you come when Sean and I cried last night?’
Kate MC ne semble pas avoir remarqué qu'elle n'a prononcé ces paroles ni dans sa déposition du 4 mai, ni dans cemme du 6 septembre. Les mots qu'elle reproduit dans "Madeleine" sont ceux que Gerald a prononcés dans sa déposition du 10 mai. Ce sont presque les mêmes mots que ceux prononcés par Jante TB dans l'entretien "rogatoire".




Gerald MC
Between April 29th, the day of arrival, and the time when MADELEINE disappeared, Gerry reports having noticed nothing unusual, except that on the morning of May 3rd, MADELEINE asked her father, GERALD, why he had not come into the room when the twins were crying. Gerry had heard nothing and had not gone into the room. It was the first time that MADELEINE had made that kind of comment.
On Wednesday night, 02/05/07, besides Gerry and his wife, David Payne also went to his apartment in order to check on his children and did not report anything strange. On this day, Gerry and Kate had already left the patio sliding doors closed, but not locked, so that their friends could possibly enter. He clarifies that the principal front door was always closed, but not necessarily locked with the key. He does not know if the window in the children's room was locked as he assumed the blinds could not be opened from the outside. Still on this night, Kate slept in the children's room, in the bed next to the window, as Gerry was snoring.
He cannot say exactly, but he thinks that on Monday or Tuesday Madeleine had slept for some time in his bedroom, with Kate, as she [Kate] had told him that one or both of the twins had cried, making much noise.
Thursday 03 May 2007
On the day Madeleine disappeared, Thursday, 03/05/07, they woke at the same time, between 7.30am and 8.00am. When they were having breakfast, Madeleine looked at her mother and asked her "why did you not come last night when Sean and I were crying?". He found this comment very strange, since Madeleine had never had this type of conversation and on the previous night, they had maintained the same checking system on the children and detected nothing abnormal. When they questioned her regarding this comment, she dismissed it without any explanation
When asked if on the night of May 1, 2007 he went to have dinner at the Tapas with Kate, he says yes. As customary they would come and check on the children every half hour, usually alternating. They arrived at the Tapas around 8.30pm, and then went to the apartment every half hour, until they arrived back, at around 11.00pm, plus or minus 10 minutes. Occasionally one of the others in the group made the check, he does not remember if this happened on the 1st. It is not true that Madeleine had been crying that night for an hour and 15 minutes, because she was not alone all that time.
Madeleine in Gerry's bed
When asked, he says that on one night, he cannot say which, Madeleine slept in his room in his bed. He thinks it might have been shortly after their arrival at the apartment. Madeleine came to his room saying that Amelie was crying and she couldn't sleep. He thinks that he hadn't heard crying before, and was alerted to this by Madeleine. He does not know if he or his wife comforted Amelie. That night Madeleine slept in his bed.
Kate sleeps in the spare bed
With respect to his wife, he says that on the Wednesday she slept in the children's room in the bed next to the window. He doesn't know why, but thinks it could have been because of his snoring. Also on that day, and after dinner, he returned to the apartment sooner than Kate.


Audition rogatoire de Jane TB  (Extrait)
08.04.2008 - LC
Q : "Right, okay. Now you have had your lunch, is there anything else that you need to say before we move on?"
Jane Tanner : "Errm... I don't think so. I think just to... I was thinking, one thing I didn't mention is at the... I'm not sure when, when abouts in the meal, but I did have a conversation with Kate about... she'd said that she'd... Madeleine had said something strange about 'Where were you last night when I woke up?'. And, as I say, I can't remember where in the meal she said this, but she did, sort of say. Oh, I thought she said... I thought that was a bit odd when... when Kate said, you know, Madeleine, obviously, she did say: 'Where were you when...', you know, I think she said: 'When Sean and I woke up?', I can't remember whether it was when two of them woke up. So I think Kate was more worried that night, you know, whether leaving them was the... the right thing, or so to speak, so... so you were saying then, about the frequency of the checks, I was just wondering if that was another reason, you know, why maybe the checks were more often."
Q : "Yeah. How did Kate seem when she mentioned that?"
Jane Tanner: "Fine, she was just, sort of, a bit, I think, you could see she was just a bit, sort of, concerned. I think, because it was, sort of, like 'Oh, I wonder if she did wake up?'. I think she thought she hadn't woken up, really, Madeleine just was saying it. But she did, yeah, you could tell it was... she was a bit, sort of, more worried, you know, than other... other nights, there'd never been anything, but obviously the fact she'd said that, sort of..."
Q : "Put it into mind?"
Jane Tanner: "Yeah, yeah."
Q: "And you don't remember exactly at what point that was said?"
Jane Tanner: "No, I think it was fairly early on, but, I mean, I don't know whether it was, errm... I would think it would probably be early on. I think it was when... I don’t think everybody else was there when she said that, so that would suggest it was early on. But I can't... that's... that's a recollection, I can't say for sure."
Q : "So you, on the Wednesday evening then, you stayed in the apartment with G***e?"
RMO : "Yeah, yeah. I remember reading my book on the sofa for a while and then think I... I went to bed but it would have been quite, you know, it would have been about nine, 'cause I'd been up most of the night before, errm... and, I mean, I know, that on Thursday night when we sat down at the table, Kate said that Madeleine and Sean had, you know, said they'd been crying on the Wednesday night (Kate n'a pas dit que c'était la nuit du mercredi, ce n'est qu'une supposition) and asking where, errm... they'd said they'd been crying and... and some, you know, this is sort of with hindsight but I... you know, I was trying to think whether I'd heard anything but..."
Q : "On the Wednesday evening?"
RMO : "Mmm."
Q : "Who said they'd been crying, sorry?"
RMO : "Kate did, when we sat down at the table on the Thursday night. Kate said that, errm... Madeleine and Sean had cried... said they'd been crying, errm... and, you know, wondered where she was, or wondered where, you know, Mummy and Daddy were, errm... I mean, this was, kind of, after Madeleine disappeared, we talked, she mentioned that when we sat at the table on Thursday and then after Madeleine had disappeared, errm... McCanns said: 'Oh well, I wonder whether on the Wednesday, you know, somebody had tried to get in perhaps or had got in and they'd seen something, errm... you know, and I was next door in the apartment but, I mean, I didn't hear any... well, you know, I didn't hear anything, I could well have been asleep, errm... you could hear quite a lot through the apartments because G***e, she always wakes up early but because she seemed to have diarrhoea every night, she'd wake up sort of six o’clock most mornings and we'd always have to put her in the... in the shower or in the bath, first thing, and Gerry and Kate would always hear that and so, you know, most of the comments first thing in the morning would be like, 'Oh, so G***e was up early again, she'd be invariably screaming her head off, so..."
Il doit être clair que la remarque sur l'intrus possible est une supposition postérieure à la l'action, La première occurence se trouve dans le documentaire d'Emma Loach. 

Q : "I just want to cover a couple of points that you raised."
Fiona WP : "Yeah."
Q : "Just going back to your meal, where you say that Kate spoke about... this is probably a little bit out of synch."
FWP : "Yeah."
Q : "But you said that Kate told you about Madeleine waking up?"
FWP : "Yeah."
Q : "And you couldn't remember... you didn't... you weren't sure whether it was the night before?"
FWP : "Yeah."
Q : "Or... you know, the night before that?"
FWP : "Yeah."
Q : "What were the circumstances regarding her telling you that?"
FWP : "She did... she brought it up and that she - I mean, this is awful in retrospect, as well - she asked what my opinion was on, errm... tut, on whether they were okay leaving the... the doors unlocked, because she was saying: 'Is it better that, if Madeleine wakes up, she can get out and find us or...,' errm... 'or locking it and, you know, finding that we're not there and the door's locked, if she woke up,' because Madeleine had woken up, what I thought was the night before. Errm... tut, and it was in that context, really, just asking, you know, what I thought. So it was obviously something that was on her mind a bit, huh."
Q : "So she asked you what your thoughts were regarding locking?"
FWP : "Yeah."
Q : "Did she say whether she had locked or..?"
FWP : "No, that was the point, I think they said they'd left it, well she'd said she'd left it unlocked."
Q : "Left the patio?"
FWP : "And she felt a bit nervous about it but Gerry... Gerry had sort of said: 'Oh, it will be fine,' you know. But she was obviously... because it wasn't something she was quite easy with, that's the way it came across, you know, but... but Gerry said, you know: 'It'll be fine. It'll be fine'. Because I don't imagine she would have said anything, otherwise, if it hadn't been on her mind. And the fact was she... she... you know, commented on it being really strange that... that Madeleine had said this, about waking up and them not being there, and she'd mentioned that in the context of that conversation."
Q : "And can you remember exactly what she said that Madeleine had said?"
FWP : "Tut, just words such as, errm.. 'Sean and I woke up and we were crying, mummy, and where were you?'"


Entretien MC avec Sandra Felgueiras
02.05.2008 - RTP1
SF : Why haven't you taken Madeleine with you, errr... if you already admitted that, errr.... during breakfast, she told you, 'Why didn't you come up, errr... the night before' while she and Sean were crying. Why didn't you decided that evening to take them with you?
KMC : Well, the thing is, Sandra, you know, it was a passing remark. I mean it was... you know, Madeleine just said, 'Where were you when Sean and I cried?' And we thought... it was one of those where you think, was that kind of, maybe, when they were getting the bath or... ? You know, 'cause sometimes, sort of, that time of night they're a bit tired; they cry a little bit. Errr... 'cause I thought, well, we were checking so regularly, that I thought if she'd woken up, that obviously means that she'd fallen back in her sleep again, very quickly, errm... you know, and obviously, at that point, you're thinking if someone's woken up, you know, they've just woken up. You never for a million years, and I'm sure everyone can appreciate, you would not, for one minute, think that somebody had tried to take her out of the bedroom, you know, but...

SF : So you didn't wonder, any time, that you could take... take them with you?
KMC :But, well, I mean, I then said to her... I mean, obviously, then I said to her, you know, 'What do you mean, Madeleine? When was this?' and she dropped it; she started playing with something. So, it was just a passing remark and... and to be fair, hindsight is a wonderful thing, you know... you know, errr... I mean, if what happened hadn't happened then that comment would never have passed through my head again. It was only because of what happened that suddenly you're thinking of everything, you think, 'was that relevant?' and that... that's why I mentioned that to the police, in case it was significant.
L'épisode n'est pas revenu à la mémoire de Kate MC parce que Madeleine a disparu, puisqu'elle l'a raconté à table jeudi soir et, selon Fiona, c'est à cause de cet épisode qu'ils ont laissé la porte du patio ouverte, pour que MMC puisse partir à leur recherche si elle se réveillait encore une fois.


Entretien MC avec Ryan Tubridy
13.05.2011 - RTE 
GMC :  The next morning she (Madeleine) said err mummy...I can't remember now whether it was mummy or daddy...why didn't you come when me and Sean were crying last night? We both looked at each other and (Gerald gesticule et mime la surprise) thought 'that's odd crying' and we didn't hear anything and we had been back checking. So we asked 'When did you cry?' Sometimes when we first put them to bed they cry, but she just dropped it, and as we said Madeleine is very articulate, did she wake up the night before when Amelie woke up?
KMC :  There was something about it that obviously stopped us in our tracks. It was probably just because our main concern was that the children had woken up, I mean never for one second did I think there was anything sinister going on and I just thought, have they woken up and obviously you know I was upset about that..

RT then asks Kate McCann if the point she is making is that someone had been in the apartment on this night the Wednesday, the night before Madeleine was reported as missing. `
Kate McCann confirms that this is exactly the point she is making.
'Absolutely' replies Kate qui, parce que Madeleine avait été prise, s'était rappelé la remarque et avait pensé que le ravisseur avait fait un essai la veille et dérangé les enfants, c'est même la première chose qui lui est venue à l'esprit : oh my god did someone try it the night before? 
KMC déclare qu'apprendre que Madeleine et Sean avaient pleuré l'a dérangée, on le comprend, mais on ne comprend pas qu'elle ait risqué que cela se reproduise. GMC dit "avoir pris note mentalement (de l'épisode)". 
Et si un ravisseur a fait une répétition la veille, comment est-il entré ? Il n'a pas touché à la fenêtre et au volet, pourquoi l'aurait-il fait le lendemain ?


Clarence Mitchell claims leaks are a 'blatant smear'
11.04.2008 - Sky News
Clarence Mitchell, spokesman for missing Madeleine McCann's parents Kate and Gerry, tells Sky's Anna Jones that the latest leak from the Portuguese investigation is a deliberate smear attempt - and says authorities must get on top of the problem.
00:00:56