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As Israelis Are Tried in a Palestinian’s Murder, Agonizing Intimacy in Court As Israelis Are Tried in a Palestinian’s Murder, Agonizing Intimacy in Court
(35 minutes later)
JERUSALEM — The slightly plump Israeli teenager on the witness stand insisted that he had not known the plan was to kill, and had “never dreamed” it would end that way.JERUSALEM — The slightly plump Israeli teenager on the witness stand insisted that he had not known the plan was to kill, and had “never dreamed” it would end that way.
The teenager, a second youth and one adult, Yosef Haim Ben-David, 30, are on trial in Jerusalem District Court, charged with the abduction and premeditated murder of a Palestinian teenager, Muhammad Abu Khdeir. He was snatched off a street near his East Jerusalem home, driven to a forest, beaten unconscious and burned to death in the early hours of July 2, 2014.The teenager, a second youth and one adult, Yosef Haim Ben-David, 30, are on trial in Jerusalem District Court, charged with the abduction and premeditated murder of a Palestinian teenager, Muhammad Abu Khdeir. He was snatched off a street near his East Jerusalem home, driven to a forest, beaten unconscious and burned to death in the early hours of July 2, 2014.
A year later, a final chapter of that traumatic period is playing out with agonizing intimacy in a cramped courtroom where the three defendants, who are all related, and the parents of the victim sit a few yards apart.A year later, a final chapter of that traumatic period is playing out with agonizing intimacy in a cramped courtroom where the three defendants, who are all related, and the parents of the victim sit a few yards apart.
Under a court order, the two teenage defendants’ names cannot be published because they are minors. At the time of the crime they were 16, the same age as Mr. Abu Khdeir.Under a court order, the two teenage defendants’ names cannot be published because they are minors. At the time of the crime they were 16, the same age as Mr. Abu Khdeir.
At a recent hearing in the case, the state prosecutor pressed the youth on the stand about premeditation. “So when did it occur to you” that the plan was to kill Mr. Abu Khdeir? the prosecutor asked.At a recent hearing in the case, the state prosecutor pressed the youth on the stand about premeditation. “So when did it occur to you” that the plan was to kill Mr. Abu Khdeir? the prosecutor asked.
Thumbing through a thick file, the prosecutor recounted statements to the police that the adult defendant, Mr. Ben-David, who was driving, had urged his young relatives to “finish him off” as they struggled with their captive in the back of the car. Then he asked, “Do you remember when Ben-David asked you for the crowbar?”Thumbing through a thick file, the prosecutor recounted statements to the police that the adult defendant, Mr. Ben-David, who was driving, had urged his young relatives to “finish him off” as they struggled with their captive in the back of the car. Then he asked, “Do you remember when Ben-David asked you for the crowbar?”
And in reference to the youth’s admission that he had doused the victim with gasoline, the prosecutor asked, “You wanted to wipe out the traces of DNA, right?”And in reference to the youth’s admission that he had doused the victim with gasoline, the prosecutor asked, “You wanted to wipe out the traces of DNA, right?”
The Israeli authorities have described the killing of Mr. Abu Khdeir as a revenge attack. It happened a few hours after Israel buried three teenagers — Eyal Yifrach, 19; Gilad Shaar, 16; and Naftali Fraenkel, 16 — who were hitchhiking home from their yeshivas in the West Bank when they were abducted and shot dead by Palestinians. Their bodies were found in a shallow grave near the West Bank city of Hebron after an 18-day search.The Israeli authorities have described the killing of Mr. Abu Khdeir as a revenge attack. It happened a few hours after Israel buried three teenagers — Eyal Yifrach, 19; Gilad Shaar, 16; and Naftali Fraenkel, 16 — who were hitchhiking home from their yeshivas in the West Bank when they were abducted and shot dead by Palestinians. Their bodies were found in a shallow grave near the West Bank city of Hebron after an 18-day search.
The kidnappings and killings prompted deep outrage, set off riots in East Jerusalem and contributed to an upward spiral of Israeli-Palestinian tensions and violence that led to the 50-day Gaza war last year.The kidnappings and killings prompted deep outrage, set off riots in East Jerusalem and contributed to an upward spiral of Israeli-Palestinian tensions and violence that led to the 50-day Gaza war last year.
The two Palestinian men who were suspected of abducting and murdering the three Israeli youths were shot dead by Israeli troops in a gun battle in September in Hebron. A third man was later arrested, tried and sentenced to three life terms by an Israeli military court.The two Palestinian men who were suspected of abducting and murdering the three Israeli youths were shot dead by Israeli troops in a gun battle in September in Hebron. A third man was later arrested, tried and sentenced to three life terms by an Israeli military court.
But the Abu Khdeir case remains open and personal, as the two sides wrangle over the grisly details in the courtroom, with its low wooden benches and its noisy air-conditioning units whirring high on the walls.But the Abu Khdeir case remains open and personal, as the two sides wrangle over the grisly details in the courtroom, with its low wooden benches and its noisy air-conditioning units whirring high on the walls.
As the prosecutor at the recent hearing questioned the teenage defendant accused of playing the more active role in events, the other teenager sat, thin and wan, on a bench across the room, separated from Mr. Ben-David by a prison guard. Both defendants were shackled hand and foot.As the prosecutor at the recent hearing questioned the teenage defendant accused of playing the more active role in events, the other teenager sat, thin and wan, on a bench across the room, separated from Mr. Ben-David by a prison guard. Both defendants were shackled hand and foot.
Three judges sat on a dais, and lawyers filled the front two benches. The victim’s parents, a sister and a cousin squeezed into the last bench by the back wall to observe the proceedings, together with a translator and some reporters. Other relatives came and went as seating space allowed.Three judges sat on a dais, and lawyers filled the front two benches. The victim’s parents, a sister and a cousin squeezed into the last bench by the back wall to observe the proceedings, together with a translator and some reporters. Other relatives came and went as seating space allowed.
Hussein Abu Khdeir, Muhammad’s father, has repeatedly demanded justice for his son in interviews with the Hebrew and Arabic news media. During a break in the hearing he reiterated his misgivings about the trial.Hussein Abu Khdeir, Muhammad’s father, has repeatedly demanded justice for his son in interviews with the Hebrew and Arabic news media. During a break in the hearing he reiterated his misgivings about the trial.
“I said from the beginning that they would claim insanity,” he said of the defendants. “Now, you see, the older one is ‘insane,’ ” he said, referring to Mr. Ben-David, who has refused to testify. His lawyer says Mr. Ben-David was not mentally sound at the time of the killing and is not fit to stand trial; the court has yet to rule on that claim.“I said from the beginning that they would claim insanity,” he said of the defendants. “Now, you see, the older one is ‘insane,’ ” he said, referring to Mr. Ben-David, who has refused to testify. His lawyer says Mr. Ben-David was not mentally sound at the time of the killing and is not fit to stand trial; the court has yet to rule on that claim.
At times during the court session Mr. Ben-David closed his eyes and moved his lips silently. At others, he conferred in whispers with his lawyer.At times during the court session Mr. Ben-David closed his eyes and moved his lips silently. At others, he conferred in whispers with his lawyer.
“It’s all an act,” the victim’s father said. “They burned Muhammad once. Every day we are burned anew.”“It’s all an act,” the victim’s father said. “They burned Muhammad once. Every day we are burned anew.”
The victim’s mother, Suha, compared the trial to a movie. “It’s like a movie,” she said. “We come to watch,” she said, describing the defendants as “cowards.” “If we don’t get justice for Muhammad,” she said, “we will go to a higher court.” The victim’s mother, Suha, compared the trial to a movie. “We come to watch,” she said, describing the defendants as “cowards.” “If we don’t get justice for Muhammad,” she said, “we will go to a higher court.”
The three defendants, all from Orthodox Jewish backgrounds, were arrested soon after Muhammad Abu Khdeir was killed.The three defendants, all from Orthodox Jewish backgrounds, were arrested soon after Muhammad Abu Khdeir was killed.
Mr. Ben-David, a resident of Adam, a West Bank settlement, owned an eyeglass store in Jerusalem. The teenagers are from Jerusalem and the nearby Israeli town of Beit Shemesh; one was a student at a religious school, or yeshiva, and the other a yeshiva dropout working at a toy store. Mr. Ben-David and one of the youths have been treated for obsessive-compulsive disorder, among other illnesses, according to the indictment.Mr. Ben-David, a resident of Adam, a West Bank settlement, owned an eyeglass store in Jerusalem. The teenagers are from Jerusalem and the nearby Israeli town of Beit Shemesh; one was a student at a religious school, or yeshiva, and the other a yeshiva dropout working at a toy store. Mr. Ben-David and one of the youths have been treated for obsessive-compulsive disorder, among other illnesses, according to the indictment.
Mr. Ben-David and the yeshiva dropout are also charged with trying to kidnap an 8-year-old Palestinian boy in the same area of East Jerusalem the night before Mr. Abu Khdeir was killed. That abduction failed when the Palestinian boy’s mother shouted and struggled with the kidnappers and the boy escaped.Mr. Ben-David and the yeshiva dropout are also charged with trying to kidnap an 8-year-old Palestinian boy in the same area of East Jerusalem the night before Mr. Abu Khdeir was killed. That abduction failed when the Palestinian boy’s mother shouted and struggled with the kidnappers and the boy escaped.
Israel’s internal security agency, the Shin Bet, said that while they were being questioned, the three defendants in the Abu Khdeir case admitted to the abduction and killing. The agency said the three also re-enacted the attack for investigators.Israel’s internal security agency, the Shin Bet, said that while they were being questioned, the three defendants in the Abu Khdeir case admitted to the abduction and killing. The agency said the three also re-enacted the attack for investigators.
In court, the prosecution showed video images of the re-enactment, in which Mr. Ben-David was heard describing, among other things, how one of the teenagers held Mr. Abu Khdeir’s arms in the back of the speeding car while the other — the one on the witness stand — choked him to stop him from struggling.In court, the prosecution showed video images of the re-enactment, in which Mr. Ben-David was heard describing, among other things, how one of the teenagers held Mr. Abu Khdeir’s arms in the back of the speeding car while the other — the one on the witness stand — choked him to stop him from struggling.
Asher Ohayon, the public defender representing Mr. Ben-David, said in an interview that his client was unable to remember his actions that night, let alone justify them, and was in “a state of denial.” Mr. Ohayon said that his client had told investigators he did not understand how he could have committed such terrible acts and that he was ashamed and regretted what he had done.Asher Ohayon, the public defender representing Mr. Ben-David, said in an interview that his client was unable to remember his actions that night, let alone justify them, and was in “a state of denial.” Mr. Ohayon said that his client had told investigators he did not understand how he could have committed such terrible acts and that he was ashamed and regretted what he had done.
The teenagers’ defense appeared to rest mainly on persuading the court that they did not know in advance that the night’s events would end with a killing and that they thought the plan was merely to give someone a beating.The teenagers’ defense appeared to rest mainly on persuading the court that they did not know in advance that the night’s events would end with a killing and that they thought the plan was merely to give someone a beating.
The indictment says that the second teenager remained in the car while the victim was taken into the forest, bludgeoned and burned.The indictment says that the second teenager remained in the car while the victim was taken into the forest, bludgeoned and burned.
“There is no question that he was present at the event,” said Avi Himi, one of the lawyers representing the second teenager, who is scheduled to testify on July 15. “The question,” Mr. Himi said, “is what was the role each of them played.”“There is no question that he was present at the event,” said Avi Himi, one of the lawyers representing the second teenager, who is scheduled to testify on July 15. “The question,” Mr. Himi said, “is what was the role each of them played.”