Our Boys (2019): Season 1, Episode 10 - Episode #1.10 - full transcript
The important points:
Age, mental state,
the murder of the boys.
The houses of the three terrorists
who kidnapped and murder
the three teenagers
were demolished today.
The Supreme Court
rejected the appeals
and the houses
of Hussam Qawasme and Abu Ayash
were demolished in Hebron.
IDE forces continue the search
for the terrorists
who haven't been caught.
The kidnapping of the three settlers
occured
when Palestinian prisoners
were protesting against Israeli policy
of imprisoning Palestinians
without a trial for six months.
What is your message
to your sons in the Israeli prisons ?
What happened ?
They tore down the Kawasme
and Abu Awsha homes in Hebron.
My sons stand strong, I stay strong,
the Palestinian people are strong.
- Where is Dad ?
- In bed.
Will he accept this ?
TRAITORS
OUR BOYS
Chapter 10
A shaft into a dark tunnel
These cookies are delicious.
Take them away
or I'll eat them all.
- Will Hussein be joining us ?
- Dad doesn't feel well.
What's wrong ? Is he here ?
I'll go say hello.
He doesn't want to talk
to anyone.
Is there anything I can do ?
We want you to demand that
the killers's homes be demolished.
Tell him.
We want the homes of the killers
to be demolished.
I see.
They haven't been convincted yet,
we're in the middle of the trial...
- That's impossible now.
- Why ?
The Qawasmi and Abu Eisheh homes
were destroyed.
They weren't even found
or brought to trial !
It's a different law
for Judea and Samaria.
Is there no law for settlers ?
Tell him we're against
demolishing all houses.
We're against demolishing houses,
but if you want equality, justice,
then demolish their houses too.
I'll talk to Hussein and we'll see.
Let's see what we can do.
Hussein is tired of this role
you gave him to play.
If you need him in court, help him.
Simon, come, sit down.
The analysts submitted
an assessment
of medium-high risk to you.
Yochi had several conversations
about seeking revenge
with Avisahi Elbaz.
In hindsight,
it sounded pretty serious.
Miller and Fogelman are the ones
that sprayed the graffiti.
Yochi is no longer
the nerdy kid we know, Simon.
He returned to Yitzar
and Itzik's source in Bat Ayin
saw him teaching Fogelman
how to use a weapon.
That's it ?
- That's medium-high risk ?
- Most people said high.
Either way,
you have to leave your house.
Is your mother still living with you ?
She has to leave too.
Tell me where you'd like to go,
and we'll see to it.
- What else ?
- You'll have to leave the Unit.
What are my options ?
The best option right now
is our arrangement with El Al.
You take a cooling-off period
of a year or two,
you work as a security officer in an
airport. For instance, in New York.
You've lost your minds, all of you.
I'm not running away !
I'm not giving in to terror.
Enough, Simon. This is protocol.
You did an amazing job.
You found them, you arrested them,
you got a confession in four days.
That's awesome.
But it came at a price.
-The arrangement with El Al is great.
- I can quit.
We don't want you to leave.
You're one of our best.
- Who is it ?
- People consoling.
I don't even know them.
- Where are you going ?
- To the restroom.
"I'm a Syrian refugee in Istanbul
and I can't come to Israel."
"Thank you, dear. I forgive you.
I couldn't wait for you to answer."
"How will we meet ?"
- How did you take him ?
- From the car, like this.
I dragged him.
Like this.
And I tossed him over here.
- Demonstrate on him !
- I can't demonstrate on people.
- It's okay, if he agrees.
- It's forbidden by the Torah.
Yossi, listen.
- I can't.
- It's okay.
I approve and I consent.
It's fine.
Tell me how I should lie down.
- I tossed him down like this.
- Then what ?
I walked over to him
and I kicked him twice,
like this.
- Sorry.
- It's alright.
Okay... I kicked him twice.
Actually, three times.
I kicked him and said,
"This is for Eyal,"
"this is for Naftali, and
this is for the third boy."
I don't remember his name.
Continue, Dr. Menkin.
What we're seeing here
is a man in a post-manic state.
Seemingly coherent,
communicative, in touch with reality,
but he still demonstrates
underlying traces of delusion
as seen here, when he refuses
to simulate the act
because he believes the simulation
itself is an act of murder.
So you estimate that
the defendant's chronic mania
reached its peak
at the time of the murder ?
Yes, he may have been aware
of what he was doing,
but he couldn't resist
his impulses and actions,
nor to perceive or take into
consideration other people's feelings.
What are you looking at ?
Possibly combined
with schizo-affectiveness...
- Where's the third murderer ?
- He didn't want to come.
He stayed in prison,
doesn't want to come.
- May I ask for quiet in the court ?
- You be quiet !
Avishai !
Are you alright ?
Why didn't you go to court ?
I have to finish the main points
for my testimony.
So what ?
You need some time out of the cell.
For some fresh air.
- It's very important.
- No, you're distracting me.
I have to prepare for my testimony.
That's all that matters.
The psychiatrist prescribed
anti-psychotic medications
such as Lithium, Seroquel
and Risperdal.
- You mean dr. Dvora Segal ?
- Yes.
But she didn't mention
a psychotic manic episode, right ?
No, she diagnosed him as hypo-manic.
I think she misdiagnosed him.
Can you assume why
she misdiagnosed him ?
It's possible she tried
to avoid labeling him.
She works
with the Ultra Orthodox community.
A label of mental ilness is
damaging in those circles.
Mr. Ohayon, are you about to finish ?
We have another proceeding.
I'm done.
The cross examination will take
place tomorrow at 8:45.
Excuse me,
I'd like to ask the witness a question
on behalf of Defendant No 3.
Make it brief, Mr. Himi.
Dr. Menkin, as an expert psychiatrist,
in your opinion, in his current state,
is Yosef Haim fit
to testify or to stand trial ?
Objection, the question
is not relevant to Defendant no 3.
Mr. Himi, is this going anywhere ?
If the defendant, in his mental state,
can get up in court and say,
"I, Yosef Haim,
am responsible for this crime,"
"I dragged these young men into it,
they knew nothing of my intentions,"
this does affect
my client's legal standing.
This is mockery and interference
in the defense considerations.
Your client's defense is causing
serious damage to his nephew.
I can't go on like this !
We're a family
and we'll remain a family.
Even within this disaster
that has befallen us.
We must remain united,
help one another,
and not, God forbid,
eat each other alive.
I asked a very prominent rabbi.
He also helped us with the lawyers.
He said, "Rabbi Shalom,
let the attorneys do their job,"
"leave it to the experts."
"It will help the boys.
Don't interfere or calculate."
"And we'll have a just trial.
Amen."
What is it, Rabbi Ya'akov ?
Forgive me, but how can we
accept such a thing ?
No, I won't have it !
This is my son. My son !
He's not in the same position
as Yosef Haim.
So I ask you. I beg you.
Go and tell him, ask him.
Had he listened to me,
this wouldn't have happened.
Try. You can influence him.
Tell him to say he planned it.
That they're kids,
they're influenced by him,
tell him to say it was his idea.
Pnina knows what I'm talking about.
She saw him ordering them around,
and they listened like soldiers.
He must say he is responsible !
How can I tell my son
to say such a thing ?
Everybody here knows
he is mentally ill.
He cannot control his own actions.
Pnina knows this very well.
He can't control his actions ?
He has a store, a family.
He dragged all these young fellows
around after him. I objected this,
but he bought them things,
had them over for Sabbaths...
He can't control his actions ?!
He must assume responsibility
for what happened...
And so must you.
- Demonstrate on him.
- I can't.
- It's okay, if he agrees.
- It's forbidden by the Torah.
The Psalms say: "For thy sake
are we killed all the day long."
Rabbi Shimon ben Lakish said,
"Applicable to Torah students"
"who demonstrate the rules
of ritual slaughter on themselves."
- Do you understand ?
- Enlighten us all.
When teaching to slaughter an animal,
you mustn't demonstrate on a person.
- Yeshiva students abide by this.
- Yosef Haim isn't a Yeshiva student.
But he knows the rules,
that is why he refused,
not because he was hallucinating.
Even then he remembered the rules.
You know what else he remembered ?
That just before the murder,
before they got to the forest,
he said to Defendant number 3,
"Get in the car and don't look,
because you'll have nightmares !"
- Do you remember this ?
- I do.
At the height of his alleged psychotic
break, during the murder itself,
he protects Defendant No 3,
prevents him from taking part
in the murder
doesn't even let him see it.
He shows empathy towards him.
Would you call it empathy,
Dr. Menkin ?
- You could argue that.
- I can.
And in that psychotic state,
can one demonstrate such empathy ?
- It's unlikely, but not impossible.
- What about...
"Not being able to perceive
or take into consideration"
"other people's feelings."
Do you remember saying that ?
Yes, well, unless perhaps it was
towards someone he felt close to,
someone he sees as his protege,
maybe.
Judging by the way the defendant
is denying Defendant No 3,
would you say he's his protege ?
Objection, speculation !
It's not the witness's expertise.
Dr. Menkin, a question: How much
are you being paid for this opinion ?
- Objection !
- Sustained.
- Hello.
- Hello, Abu Zuhdi.
How are you, Abu Iyad ?
How's your health ?
This is the father of the martyr
Mohammed Abu Khdeir.
These are the brothers,
Jawad and Khalil. Abu Rizek.
We'll wait downstairs, Abu Zuhdi.
Don't mind them, Abu Iyad.
They are angry,
like many people are,
that Mohammed's name
is engraved on the Mt Herzl monument,
but I tell everyone it's your right
to make your own decisions.
Everyone's a big hero
until it hits them personally,
then everything changes.
Hello !
- Attorney Lutfi Zuhdi.
- Nice to meet you.
You want me to talk to this dog ?
Now I will be mad at you, too !
God will forgive you.
- What's with him ?
- You know him...
He looks familiar.
What's his name ?
Abu Zuhdi. His son is Zuhdi.
Zuhdi... From the terrorist attack
in Idhna ! Why is he so upset ?
Because you demolished his house.
I represented the State in the appeal
against the destruction of the house.
But you demanded
the house be demolished.
No. The army did,
I defended the army's position.
- You represent the army ?
- I represent the State, Hussein.
- Always. That's my job.
- You don't represent us ?
My job is to ensure the state
gets justice for you.
Have the state tear down the houses
of those who burnt my son.
I can send a letter
to the Minister of Defense...
You, the State, you don't want
to demolish the houses of Jews.
Be honest.
Yes, demolition isn't
a punishment, it's deterrence,
and there is no need
for this in the Jewish sector.
- That's racism !
- It's not.
Even when a murder like this happens,
one in a thousand,
everyone condemns it,
everyone loathes the killers.
No one supports them.
Then why demolish a house ?
How can you compare ?
You have a state, power.
What do we have ?
Let it go, Hussein,
at least the truth came out.
I got him. He lied to us
the whole time.
I knew it from the start.
Let's go.
You represent your state
and I'll find someone
to represent Mohammed.
Lst month, Mohammed Abu Khdeir's
name was added
to the Memorial for the Victims
of Terrorism on Mt Herzl.
Today, the name was removed
at the request
of the Terror Victims Association
and the Abu Khdeir family.
Using Mohammed's name
is hypocrisy and propaganda.
It won't change the racism,
the occupation. Apartheid !
Mahommed is a Palestinian martyr.
Now he's an Israeli ?
- Rabbi Ben David ?
- Yes, thank you.
- Where to ?
- I told them on the phone.
Eshel prison ?
- Beer Sheva, yes ?
- Yes, thank you.
- Were you told how much it is ?
- 500 shekels, both ways.
Avishai, it's very important
that you be in court.
I'm sick of this act.
I can't look at Yosef Haim.
Then don't look.
You told me to focus
on the testimony.
I've been focusing
on the questions and preparing...
That's great. But there may be
an opening from Yosef Haim's direction.
It's important you be there,
that he see you there.
Do you understand, Avishai ?
Good.
Okay.
- Do you want to hear what I wrote ?
- Yes, let's go over it.
Okay.
One, that thing with the three boys,
the fact that I took it very hard
and I got depressed...
Two... My mental state,
the depression and OCD.
Three, that thing
with Yosef Haim.
Four, the thing about my age,
that I was very young,
not even 16 and a half.
That's very good,
I'm glad you did your homework.
But remember, I don't want you
to be a lawyer in there.
This is a testimony.
It's something else entirely.
It's more an emotional matter.
I want you to be you.
Just be you. Be Avishai.
With all your confusion,
your stuttering and insecurity.
- Can I just finish the...
- Yes.
Thank you.
Five. "Don't kill !"
I screamed that out. And six...
Come with me.
You can get dressed.
B14. Wait here.
Yosef Haim...
Are they taking care of you ?
Giving you your meds ?
- Prayers, kosher food ?
- Yes.
I know the prison rabbi,
I can talk to him.
Yosef Haim, I...
I want to ask
for your forgiveness.
Please, forgive me.
I know I was very hard on you.
I forced you to do things
that you simply couldn't do.
And I didn't accept your gifts.
You made a great effort
to respect your mother and father.
And I didn't acknowledge that.
Please forgive me.
Yosef Haim, I know you are
a kind, good man.
I know your acts were caused
by your mental distress.
Your illness got in your way,
I know it.
But...
We must help the children.
Get them a lighter sentence.
There's still hope for them,
for Yinon,
and for Avishai even more.
One may acquire eternal life
in one hour !
He who sacrifices his soul
for their brothers.
It's a huge step
towards complete repentance.
Please, I'm begging you.
Repentance for what ?
I don't know what I did.
I don't know what
I have to repent for.
The lawyer said that
because of what you told them
during the reenactment...
They tortured me. So I told them
what they wanted to hear.
In the beginning,
someone stomped on me.
On my head, on my body.
Then they hung me upside down
for hours.
I didn't sleep for three days, Dad.
Then they gave me electric shocks.
They electrocuted me !
What does everybody want
from me ?
I don't remember what happened.
I didn't do anything.
Dad !
Yossi, what's going on ?
What was that ?
Ophir, get a doctor.
We have a self-injury.
I'll be right there.
What happened ? Get out.
Move, move !
- Yossi, what happened ?
- Leave him alone, it's an act.
Shimon Cohen ?
Are you running away,
Shimon Cohen ?
That's Shimon Cohen, aka Simon.
Head of the anti-Jewish Division
in the Shabak.
A traitor and evil man
who hunts down and tortures Jews.
He lives on Shimoni Street,
in Jerusalem.
To whom it may concern.
Wear a bulletproof vest, Shimon,
some radicals may lose control.
- You're a traitor and a coward.
- We'll find you, even if you run.
Good Jews will always know
who you are.
Mrs Cohen, your son
sends innocent people to jail.
Get in the car !
Like Rabbi Ben David's grandson
who didn't do anything.
Do you know him, Rami Cohen ?
Avishai Elbaz, a righteous kid
who was used by your brother
and then betrayed like a dog.
Here we go. Shimon Cohen
is coming to us,
you can see him up close.
This is public property,
we can film here.
Get away !
You're breaking my arm !
- Violence against minors !
- Shimon, let him go !
I've forgiven you.
I'm not mad at you anymore.
And I won't ruin it for you.
I wish you a good day today.
I'm just telling you,
this trial is rigged.
It's a Palestinian country,
filthy leftists.
No matter what we say,
what we do,
we're going to jail for life.
On the witness stand,
Defendant no 3, Avishai Elbaz.
Avishai, I will ask you
several questions,
then the attorney will question you
about the matter at hand.
Testimony of a minor.
Behind closed doors.
Yes, but the family can be inside.
I'm the family's attorney.
Mr. Mahdi Mattar.
I don't care. You can't come in.
You are now testifying
in a court of law,
you are hereby warned to tell
the truth and nothing but the truth.
If you fail to do so,
you'll be punished by law.
Your Honor, the victim's family
says they're allowed in.
Yes, let them in.
Even though
this trial is behind closed doors,
the victim's family is authorized
to be in court.
Would you mind moving...
All right.
Quiet, please.
Avishai, introduce yourself.
When were you born ?
November 2nd, 1997.
- So, you just turned 17.
- Yes.
Where were you born ?
In...
Ashdod, but then we moved to...
Slow down, you're nervous,
it's all right.
I apologize, I...
Sometimes I... stutter
because I'm... I'm nervous, so...
But I want to say that I...
That I want...
To say exactly what happened,
all the details.
- I hope I'll have time to say it all.
- You will. Don't worry.
- Mr. Himi, your witness, please.
- Thank you, Your Honor.
Avishai, when did you
start stuttering ?
When I moved to boarding school,
to the yeshiva in Jerusalem.
Until then,
I was an excellent student.
But then I began to stutter
and I was diagnosed with OCD
and I started going to therapy
and taking pills.
At that time,
all these attacks occured
and the three boys were abducted...
It affected me very much.
So you could say
I had serious mental issues
and then this thing
with the boys happened.
Avishai, I'm trying
to understand something.
Many people suffer
from mental disorders.
The entire country took the abduction
of the boys very hard.
So how is it that specifically you
became part of this horrendous act ?
Yes, right...
Because there were other factors
that influenced me.
For instance, Yosef Haim.
And you mustn't forget
that I was very young,
not even 16 and a half, it's a very
tough age to withstand this pressure.
I'm hearing all this,
but I still don't understand.
Really. I don't understand.
How did all this result in your
participating in such a horrifying act ?
Such a heinous act
that ultimately ended
with such a grisly murder ?
But... I didn't murder him.
I don't understand why you...
- I didn't murder him.
- You didn't murder him ?
I am not a murderer,
I didn't know
that's what their intention was.
Really.
I'm sorry.
I can't take these guilt
feelings anymore.
It's such a shocking act...
I regret I was born.
I'm sorry...
I can't promise anything,
but he did very well, he did.
Everybody cried in court.
Did the judges understand
that he was dragged into it ?
I think so, it seemed that the
presiding judge was very empathetic.
What does it mean,
how long can it be ?
I'm pretty optimistic that the murder
charge will be dropped.
Is there anything else we can do ?
Not for the moment,
just pray for a fair trial.
That politics and the media
have no bearing.
Give him a hug from us, tell him we
love him, that we're thinking of him.
I'll tell him. Bye for now.
I'm saying this from experience,
it will be difficult to convinct
the third one of murder.
Why not ?
He beat him up first, he dragged him
into the car and tortured him.
Abduction is not murder.
He was younger than 17,
stuttering, crying.
I brought you to stand by me,
to explain to them
that there's no difference,
all three are guilty.
Any other symptoms
other than insomnia.
- Depression, anxiety ?
- No, just insomnia.
Can you pinpoint
anything as a trigger ?
I don't see any reason
to get into it.
Can you write
the prescription for me ?
I'll understand if you can't.
Okay. No problem,
I'll give it to you.
- Renovations ?
- What ?
Not exactly. Changes.
Changes are good.
Avishai's lawyer came
to see me this week.
He told me
about your testimony.
- What did he want ?
- Medical reports.
He said your testimony was
detrimental to Avishai's situation.
Now he's seeking
every possible direction.
- Yes, of course. It's legitimate.
- So, what happened ?
What made you say that he killed ?
You told me something else.
I don't remember.
It's a legal matter.
I remember exactly
what you said.
You explicitely said you don't think
he took part in the murder.
That's why I agreed to help you.
"It's for his own good,"
that's what you said.
Then it turned out
he didn't commit murder.
- It's not that simple.
- It's pretty simple.
- I was my assessment.
- You made me incriminate my pacient.
You did what you had to do.
You shouldn't feel guilty.
Listen, I am handling my own guilt.
Every day. Believe me.
- What about you ?
- No, I don't feel guilty at all.
You pulverized
the first person who blamed you.
He called me a traitor.
I'm no traitor. I'm an investigator.
Avishai confessed and I had
to support it in court. I did my job.
I hope it won't be your job
for much longer.
Avishai, you said earlier
you want to get the details right.
- That the truth is important to you.
- Right.
I would like to help you be precise
in your details and get to the truth.
- Like you really want to.
- Okay.
Excellent. During the reenactment,
you told the Shabak interrogator
that you were planning
on "kidnapping and killing".
Yes, but I explained to him
it was actually "judged by its end."
You didn't know
you were going to kill,
you thought you were going
to beat someone up.
You said that you wanted to kill
because you were confused
with the end of the act.
- Yes, exactly !
- Good. I'll tell you the truth.
I'm less interested
in the beginning of the night,
whether you knew or not,
let's put that aside for now.
I'd like to take you to your finest,
bravest moment.
When you yelled in the car,
after the kidnapping,
"Don't kill him !"
Is that right ?
Yes.
It's a shame we don't have
testimony to back that up,
but let's assume
it really happened.
What I'm trying to understand
is why you yelled, "Don't kill him".
It was after Yosef Haim told Yinon,
"Finish him off, finish him off."
So you yelled "Don't kill him" because
you knew he was going to kill him.
I think so. It could be
inferred by that.
Did you know at that moment
that he would be killed or not ?
We were in the car,
and it was crazy in there
with all the screaming and...
It all felt like
it was panic, not real.
I understand. While you were
yelling, what else were you doing ?
At that exact moment ?
- I don't really remember.
- I'll remind you, okay ?
Could it be that you held
Mohammed Abu Khdeir down
so he wouldn't resist ?
Yes, in that respect, I...
I said I was holding
his arms down when...
Yinon was choking him, but...
And if I remember correctly
from the reenactment,
you also helped Yinon choke him ?
No, I only held Yinon's elbow
because he was getting tired,
but only for a few seconds.
Okay. So, I'm asking again, when
you yelled out, "Don't kill him",
where were your hands exactly ?
Were they holding down
Mohammed's hands,
or holding up Yinon's elbow ?
- I don't remember...
- But one of the two for sure, right ?
You weren't doing anything
else with your hands.
I didn't...
But he didn't die from that.
In the forest, he was still alive...
Yes, but you saw in the car
that he was passing out,
not breathing, and you heard
the order to kill him.
I'm just trying
to find out, Avishai,
what did you do when you realized
he was going to be killed.
I...
I don't know.
- It felt like seconds...
- Like seconds...
Like seconds. Let's see.
You set out on this hunt at 11 PM,
for an innocent victim,
as long as he was an Arab.
For five hours
you wandered around.
You started out at Jaffa Gate,
then Damascus Gate, no luck there.
Next, Sheikh Jarrah,
you saw a bunch of kids
you tried, changed your minds.
Moving on, Beit Hanina,
another teenager,
once again you couldn't make it
happen, but you didn't give up.
You bought energy drinks and
cigarettes to get your strength up.
Next, Shuafat.
Your honor, tell my colleague
to get to the question.
- Mr. Korb, where is this going ?
- Just a minute.
So, Shuafat...
You saw Mohammed,
and you, Avishai,
you walked up to him,
you hit him, and you and your friends
got him into the car by force,
you drove away
with Mohammed in the back,
fighting for his life.
You went down to Highway 1,
turned on Begin Street,
you drove for 7 kilometers, then
up to Kiryat Moshe, by Angel Bakery,
reached Har Nof
and then to Jerusalem Forest.
Five hours, Avishai.
Then another 15 minutes
when you knew for sure
it would end in murder.
Does it still seem
like a few seconds to you ?
It was at the end, it was when...
- I couldn't do anything by then !
- You couldn't do anything ?
Let's examine that.
Could you have, for instance,
let go of Mohammed's arms ?
Could you have, instead of
helping Yinon, do the opposite ?
Try to stop him ?
Remove his hands
off Mohammed's neck ?
Could you have pounced
on Yosef Haim and try to stop him ?
When you got to the forest,
Mahommed was still alive,
could you have begged for his life ?
Couldn't you protect him
with your body ?
Protect him from Yosef Haim
who beat him with a crowbar
and set him on fire ?
Could you have done
any of those things, or not ?
I think you could have.
There were so many things
you could have done,
and you did not do them.
When you knew for sure
that an innocent boy your age,
who never harmed anyone,
was about to die.
No further questions.
Case PH 34700-07-014.
The ruling.
According to the indictment,
Defendants 1 and 2 decided
to take action gainst Arabs
in light of the kidnapping
and murder of the three boys,
Naftali Frenkel, Gilad Shaer
and Eyal Yifrach,
may they rest in peace.
The following day, Defendant no 3
was included by the other two
for another attempt.
The atmosphere in those days
was tense.
The tension was fueled
by various parties,
the country was raging,
and in Jerusalem,
a protest took place
in which the crowd was heard
to chant "Death to the Arabs".
The defendants took
these cries literally
and acted accordingly.
This is the shaft through which
the three plunged into the depths
of a dark tunnel of hatred and racism
from which they emerged that night.
Yet, the troubling thought persists.
From what fountain
did the three drink
such quantities of hatred and racism,
which blinded them so terribly
that they could not see how,
in sound mind,
they were suffocating,
bashing the head in
and burning alive a human being
created in God's image ?
What did the defendants learn
and internalize
at the various stations
of their education and upbringing,
that enabled the insufferable ease
with which they took the life
of a young Arab boy ?
We find Defendant number 1,
Yosef Haim Ben David,
guilty of kidnapping with intend
to hold a victim hostage,
battery and assault,
attempted arson,
kidnapping with intent to murder
and murder.
We find Defendant no 2
guilty of kidnapping with intend
to hold a victim hostage,
battery and assault,
attempted arson,
kidnapping with intent to murder
and murder.
As for Defendant no 3,
he is the youngest of the group,
suffering from personal issues,
psychiatric problems, stuttering.
He did not take part in the physical
beating of the victim,
pouring gasoline on his body
or burning him.
And yet, he captured the deceased,
assisted in his strangulation,
was present at the scene of the crime,
and took part in this criminal plan.
Therefore,
we find Defendant no 3
guilty of kidnapping with intend
to murder and murder.
The sentence will be ordered
on January 13th, 2016, at 2:30 PM.
Guilty of murder all three.
Don't cry, Miri.
Miri...
We know the truth.
This is all because
of a disease in our family.
We must be strong and united.
Keep our heads up.
Avishai. I'm sorry.
It's not over yet.
We'll fight when it comes
to sentencing.
It will be alright, don't worry.
Hussein !
Thank you, Uri.
You promised they'd get
life in jail and they did.
I don't know about that,
we have work to do for the sentence.
I want you and Suha
to take the stand
for the sentencing arguments
and convey the price you paid,
how your life changed
after the murder.
I only came to court so I could
look into my children's eyes.
If we have the strenght,
we'll continue our fight
to have their house demolished
with attorney Mahdi.
That's your right.
Good luck.
A FEW WEEKS LATER
Good luck, Avishai.
Be strong.
Thank you.
Hello, Avishai.
Welcome to the religious cell block.
This is the synagogue.
Morning prayer's at 6,
afternoon prayer at 1,
evening prayer at 7,
at 8 in the summer.
We also have a yeshiva,
you can join in on the lessons.
- Did you go to Yeshiva ?
- Yeah.
But I couldn't really make it there.
I'll pick you up after the prayer,
take you to your cell.
The Israeli court indicted
them for murder,
but is there any punishment
tht can ease the inhuman pain
of losing Mohammed so cruelly ?
Of course not.
"Suha to Toto: We landed, are you
waiting for me where we agreed ?"
"Toto to Suha: I'm waiting for you."
The killing of Mahommed with
this brutality and collusion
is just one example
of the crimes perpetrated
by Israeli against Palestinians.
Well ?
You sound like a political leader.
Let's hope they don't arrest you
when we get back home.
Will you stand next to me
and translate into Turkish ?
No, we'll print it out
for everyone there,
so you can speak from the heart,
without interruptions, okay ?
- Does he know where to let me off ?
- Yes, I told him.
Galata Bridge.
Suha, don't take long
with your aunt,
come back before
the honoring ceremony starts.
Okay.
Mr. Hussein, everyone is inside,
we have to go in.
I must wait for her.
- Don't worry, I'll wait for her.
- No, I will, you go in.
Are you sure ?
We must begin.
- I'll wait for her.
- Alright.
Hussein and Suha Abu Khdeir
appealed to the Supreme Court
demanding the killers' homes
be demolished.
The appeal was rejected.
Jerusalem's District Attorney prepared
a lawsuit against the killers
requesting financial compensation.
The State Attorney decided
not to file the case
due to the killers's lack of means.
In February 2016,
Avishai Elbaz (an alias)
was sentenced to 21 years in prison.
Yinon Ben David (an alias)
was sentenced to life in prison.
Yosef Haim Ben David
was sentenced to life in prison
and an additional 20 years.
I am the Messiah !
This is for Eyal, this is for Naftali
and I can't remember the third name.
Two years later, all three appealed
their conviction and sentencing
to the Supreme Court.
All their appeals have been
rejected unanimously.
Rabbi Ben David,
Yosef Haim's father,
is still the head of his yeshiva
in Har Nof.
His wife passed away
during the legal proceedings.
He is not sane, the doctor
from the USA diagnosed him
and they ignored this.
They wanted to appease
the Gentiles and the world.
Pnina Ben David (an alias) divorced
Yosef Haim while he was in prison.
She still brings their daughter
to visit her father regularly.
The character of Simon Cohen
was inspired
by several Shabak agents and police
officers who handled Abu Khdeir case.
The character of Dvora Segal was
inspired by several psychologists
that treated Yosef Haim and "Avishai".
The killers of Naftali, Gil-ad and Eyal,
the three abducted Jewish boys,
were located in Hebron
three months after the kidnapping.
They were shot to death during
a raid on their hiding place.
The families of the boys initiated
in their memory "The Unity Prize".
It is awarded annualy
to individuals and organizations
who promote Jewish unity
in Israel and abroad.
Mahommed Abu Khdeir has become
a Palestinian symbol
for the struggle against
the Israeli occupation.
Numerous memorial services have been
held around the Arab world in his honor
and city squares, streets
and institutions
have been named
after Mahommed Abu Khdeir.
THE END
Age, mental state,
the murder of the boys.
The houses of the three terrorists
who kidnapped and murder
the three teenagers
were demolished today.
The Supreme Court
rejected the appeals
and the houses
of Hussam Qawasme and Abu Ayash
were demolished in Hebron.
IDE forces continue the search
for the terrorists
who haven't been caught.
The kidnapping of the three settlers
occured
when Palestinian prisoners
were protesting against Israeli policy
of imprisoning Palestinians
without a trial for six months.
What is your message
to your sons in the Israeli prisons ?
What happened ?
They tore down the Kawasme
and Abu Awsha homes in Hebron.
My sons stand strong, I stay strong,
the Palestinian people are strong.
- Where is Dad ?
- In bed.
Will he accept this ?
TRAITORS
OUR BOYS
Chapter 10
A shaft into a dark tunnel
These cookies are delicious.
Take them away
or I'll eat them all.
- Will Hussein be joining us ?
- Dad doesn't feel well.
What's wrong ? Is he here ?
I'll go say hello.
He doesn't want to talk
to anyone.
Is there anything I can do ?
We want you to demand that
the killers's homes be demolished.
Tell him.
We want the homes of the killers
to be demolished.
I see.
They haven't been convincted yet,
we're in the middle of the trial...
- That's impossible now.
- Why ?
The Qawasmi and Abu Eisheh homes
were destroyed.
They weren't even found
or brought to trial !
It's a different law
for Judea and Samaria.
Is there no law for settlers ?
Tell him we're against
demolishing all houses.
We're against demolishing houses,
but if you want equality, justice,
then demolish their houses too.
I'll talk to Hussein and we'll see.
Let's see what we can do.
Hussein is tired of this role
you gave him to play.
If you need him in court, help him.
Simon, come, sit down.
The analysts submitted
an assessment
of medium-high risk to you.
Yochi had several conversations
about seeking revenge
with Avisahi Elbaz.
In hindsight,
it sounded pretty serious.
Miller and Fogelman are the ones
that sprayed the graffiti.
Yochi is no longer
the nerdy kid we know, Simon.
He returned to Yitzar
and Itzik's source in Bat Ayin
saw him teaching Fogelman
how to use a weapon.
That's it ?
- That's medium-high risk ?
- Most people said high.
Either way,
you have to leave your house.
Is your mother still living with you ?
She has to leave too.
Tell me where you'd like to go,
and we'll see to it.
- What else ?
- You'll have to leave the Unit.
What are my options ?
The best option right now
is our arrangement with El Al.
You take a cooling-off period
of a year or two,
you work as a security officer in an
airport. For instance, in New York.
You've lost your minds, all of you.
I'm not running away !
I'm not giving in to terror.
Enough, Simon. This is protocol.
You did an amazing job.
You found them, you arrested them,
you got a confession in four days.
That's awesome.
But it came at a price.
-The arrangement with El Al is great.
- I can quit.
We don't want you to leave.
You're one of our best.
- Who is it ?
- People consoling.
I don't even know them.
- Where are you going ?
- To the restroom.
"I'm a Syrian refugee in Istanbul
and I can't come to Israel."
"Thank you, dear. I forgive you.
I couldn't wait for you to answer."
"How will we meet ?"
- How did you take him ?
- From the car, like this.
I dragged him.
Like this.
And I tossed him over here.
- Demonstrate on him !
- I can't demonstrate on people.
- It's okay, if he agrees.
- It's forbidden by the Torah.
Yossi, listen.
- I can't.
- It's okay.
I approve and I consent.
It's fine.
Tell me how I should lie down.
- I tossed him down like this.
- Then what ?
I walked over to him
and I kicked him twice,
like this.
- Sorry.
- It's alright.
Okay... I kicked him twice.
Actually, three times.
I kicked him and said,
"This is for Eyal,"
"this is for Naftali, and
this is for the third boy."
I don't remember his name.
Continue, Dr. Menkin.
What we're seeing here
is a man in a post-manic state.
Seemingly coherent,
communicative, in touch with reality,
but he still demonstrates
underlying traces of delusion
as seen here, when he refuses
to simulate the act
because he believes the simulation
itself is an act of murder.
So you estimate that
the defendant's chronic mania
reached its peak
at the time of the murder ?
Yes, he may have been aware
of what he was doing,
but he couldn't resist
his impulses and actions,
nor to perceive or take into
consideration other people's feelings.
What are you looking at ?
Possibly combined
with schizo-affectiveness...
- Where's the third murderer ?
- He didn't want to come.
He stayed in prison,
doesn't want to come.
- May I ask for quiet in the court ?
- You be quiet !
Avishai !
Are you alright ?
Why didn't you go to court ?
I have to finish the main points
for my testimony.
So what ?
You need some time out of the cell.
For some fresh air.
- It's very important.
- No, you're distracting me.
I have to prepare for my testimony.
That's all that matters.
The psychiatrist prescribed
anti-psychotic medications
such as Lithium, Seroquel
and Risperdal.
- You mean dr. Dvora Segal ?
- Yes.
But she didn't mention
a psychotic manic episode, right ?
No, she diagnosed him as hypo-manic.
I think she misdiagnosed him.
Can you assume why
she misdiagnosed him ?
It's possible she tried
to avoid labeling him.
She works
with the Ultra Orthodox community.
A label of mental ilness is
damaging in those circles.
Mr. Ohayon, are you about to finish ?
We have another proceeding.
I'm done.
The cross examination will take
place tomorrow at 8:45.
Excuse me,
I'd like to ask the witness a question
on behalf of Defendant No 3.
Make it brief, Mr. Himi.
Dr. Menkin, as an expert psychiatrist,
in your opinion, in his current state,
is Yosef Haim fit
to testify or to stand trial ?
Objection, the question
is not relevant to Defendant no 3.
Mr. Himi, is this going anywhere ?
If the defendant, in his mental state,
can get up in court and say,
"I, Yosef Haim,
am responsible for this crime,"
"I dragged these young men into it,
they knew nothing of my intentions,"
this does affect
my client's legal standing.
This is mockery and interference
in the defense considerations.
Your client's defense is causing
serious damage to his nephew.
I can't go on like this !
We're a family
and we'll remain a family.
Even within this disaster
that has befallen us.
We must remain united,
help one another,
and not, God forbid,
eat each other alive.
I asked a very prominent rabbi.
He also helped us with the lawyers.
He said, "Rabbi Shalom,
let the attorneys do their job,"
"leave it to the experts."
"It will help the boys.
Don't interfere or calculate."
"And we'll have a just trial.
Amen."
What is it, Rabbi Ya'akov ?
Forgive me, but how can we
accept such a thing ?
No, I won't have it !
This is my son. My son !
He's not in the same position
as Yosef Haim.
So I ask you. I beg you.
Go and tell him, ask him.
Had he listened to me,
this wouldn't have happened.
Try. You can influence him.
Tell him to say he planned it.
That they're kids,
they're influenced by him,
tell him to say it was his idea.
Pnina knows what I'm talking about.
She saw him ordering them around,
and they listened like soldiers.
He must say he is responsible !
How can I tell my son
to say such a thing ?
Everybody here knows
he is mentally ill.
He cannot control his own actions.
Pnina knows this very well.
He can't control his actions ?
He has a store, a family.
He dragged all these young fellows
around after him. I objected this,
but he bought them things,
had them over for Sabbaths...
He can't control his actions ?!
He must assume responsibility
for what happened...
And so must you.
- Demonstrate on him.
- I can't.
- It's okay, if he agrees.
- It's forbidden by the Torah.
The Psalms say: "For thy sake
are we killed all the day long."
Rabbi Shimon ben Lakish said,
"Applicable to Torah students"
"who demonstrate the rules
of ritual slaughter on themselves."
- Do you understand ?
- Enlighten us all.
When teaching to slaughter an animal,
you mustn't demonstrate on a person.
- Yeshiva students abide by this.
- Yosef Haim isn't a Yeshiva student.
But he knows the rules,
that is why he refused,
not because he was hallucinating.
Even then he remembered the rules.
You know what else he remembered ?
That just before the murder,
before they got to the forest,
he said to Defendant number 3,
"Get in the car and don't look,
because you'll have nightmares !"
- Do you remember this ?
- I do.
At the height of his alleged psychotic
break, during the murder itself,
he protects Defendant No 3,
prevents him from taking part
in the murder
doesn't even let him see it.
He shows empathy towards him.
Would you call it empathy,
Dr. Menkin ?
- You could argue that.
- I can.
And in that psychotic state,
can one demonstrate such empathy ?
- It's unlikely, but not impossible.
- What about...
"Not being able to perceive
or take into consideration"
"other people's feelings."
Do you remember saying that ?
Yes, well, unless perhaps it was
towards someone he felt close to,
someone he sees as his protege,
maybe.
Judging by the way the defendant
is denying Defendant No 3,
would you say he's his protege ?
Objection, speculation !
It's not the witness's expertise.
Dr. Menkin, a question: How much
are you being paid for this opinion ?
- Objection !
- Sustained.
- Hello.
- Hello, Abu Zuhdi.
How are you, Abu Iyad ?
How's your health ?
This is the father of the martyr
Mohammed Abu Khdeir.
These are the brothers,
Jawad and Khalil. Abu Rizek.
We'll wait downstairs, Abu Zuhdi.
Don't mind them, Abu Iyad.
They are angry,
like many people are,
that Mohammed's name
is engraved on the Mt Herzl monument,
but I tell everyone it's your right
to make your own decisions.
Everyone's a big hero
until it hits them personally,
then everything changes.
Hello !
- Attorney Lutfi Zuhdi.
- Nice to meet you.
You want me to talk to this dog ?
Now I will be mad at you, too !
God will forgive you.
- What's with him ?
- You know him...
He looks familiar.
What's his name ?
Abu Zuhdi. His son is Zuhdi.
Zuhdi... From the terrorist attack
in Idhna ! Why is he so upset ?
Because you demolished his house.
I represented the State in the appeal
against the destruction of the house.
But you demanded
the house be demolished.
No. The army did,
I defended the army's position.
- You represent the army ?
- I represent the State, Hussein.
- Always. That's my job.
- You don't represent us ?
My job is to ensure the state
gets justice for you.
Have the state tear down the houses
of those who burnt my son.
I can send a letter
to the Minister of Defense...
You, the State, you don't want
to demolish the houses of Jews.
Be honest.
Yes, demolition isn't
a punishment, it's deterrence,
and there is no need
for this in the Jewish sector.
- That's racism !
- It's not.
Even when a murder like this happens,
one in a thousand,
everyone condemns it,
everyone loathes the killers.
No one supports them.
Then why demolish a house ?
How can you compare ?
You have a state, power.
What do we have ?
Let it go, Hussein,
at least the truth came out.
I got him. He lied to us
the whole time.
I knew it from the start.
Let's go.
You represent your state
and I'll find someone
to represent Mohammed.
Lst month, Mohammed Abu Khdeir's
name was added
to the Memorial for the Victims
of Terrorism on Mt Herzl.
Today, the name was removed
at the request
of the Terror Victims Association
and the Abu Khdeir family.
Using Mohammed's name
is hypocrisy and propaganda.
It won't change the racism,
the occupation. Apartheid !
Mahommed is a Palestinian martyr.
Now he's an Israeli ?
- Rabbi Ben David ?
- Yes, thank you.
- Where to ?
- I told them on the phone.
Eshel prison ?
- Beer Sheva, yes ?
- Yes, thank you.
- Were you told how much it is ?
- 500 shekels, both ways.
Avishai, it's very important
that you be in court.
I'm sick of this act.
I can't look at Yosef Haim.
Then don't look.
You told me to focus
on the testimony.
I've been focusing
on the questions and preparing...
That's great. But there may be
an opening from Yosef Haim's direction.
It's important you be there,
that he see you there.
Do you understand, Avishai ?
Good.
Okay.
- Do you want to hear what I wrote ?
- Yes, let's go over it.
Okay.
One, that thing with the three boys,
the fact that I took it very hard
and I got depressed...
Two... My mental state,
the depression and OCD.
Three, that thing
with Yosef Haim.
Four, the thing about my age,
that I was very young,
not even 16 and a half.
That's very good,
I'm glad you did your homework.
But remember, I don't want you
to be a lawyer in there.
This is a testimony.
It's something else entirely.
It's more an emotional matter.
I want you to be you.
Just be you. Be Avishai.
With all your confusion,
your stuttering and insecurity.
- Can I just finish the...
- Yes.
Thank you.
Five. "Don't kill !"
I screamed that out. And six...
Come with me.
You can get dressed.
B14. Wait here.
Yosef Haim...
Are they taking care of you ?
Giving you your meds ?
- Prayers, kosher food ?
- Yes.
I know the prison rabbi,
I can talk to him.
Yosef Haim, I...
I want to ask
for your forgiveness.
Please, forgive me.
I know I was very hard on you.
I forced you to do things
that you simply couldn't do.
And I didn't accept your gifts.
You made a great effort
to respect your mother and father.
And I didn't acknowledge that.
Please forgive me.
Yosef Haim, I know you are
a kind, good man.
I know your acts were caused
by your mental distress.
Your illness got in your way,
I know it.
But...
We must help the children.
Get them a lighter sentence.
There's still hope for them,
for Yinon,
and for Avishai even more.
One may acquire eternal life
in one hour !
He who sacrifices his soul
for their brothers.
It's a huge step
towards complete repentance.
Please, I'm begging you.
Repentance for what ?
I don't know what I did.
I don't know what
I have to repent for.
The lawyer said that
because of what you told them
during the reenactment...
They tortured me. So I told them
what they wanted to hear.
In the beginning,
someone stomped on me.
On my head, on my body.
Then they hung me upside down
for hours.
I didn't sleep for three days, Dad.
Then they gave me electric shocks.
They electrocuted me !
What does everybody want
from me ?
I don't remember what happened.
I didn't do anything.
Dad !
Yossi, what's going on ?
What was that ?
Ophir, get a doctor.
We have a self-injury.
I'll be right there.
What happened ? Get out.
Move, move !
- Yossi, what happened ?
- Leave him alone, it's an act.
Shimon Cohen ?
Are you running away,
Shimon Cohen ?
That's Shimon Cohen, aka Simon.
Head of the anti-Jewish Division
in the Shabak.
A traitor and evil man
who hunts down and tortures Jews.
He lives on Shimoni Street,
in Jerusalem.
To whom it may concern.
Wear a bulletproof vest, Shimon,
some radicals may lose control.
- You're a traitor and a coward.
- We'll find you, even if you run.
Good Jews will always know
who you are.
Mrs Cohen, your son
sends innocent people to jail.
Get in the car !
Like Rabbi Ben David's grandson
who didn't do anything.
Do you know him, Rami Cohen ?
Avishai Elbaz, a righteous kid
who was used by your brother
and then betrayed like a dog.
Here we go. Shimon Cohen
is coming to us,
you can see him up close.
This is public property,
we can film here.
Get away !
You're breaking my arm !
- Violence against minors !
- Shimon, let him go !
I've forgiven you.
I'm not mad at you anymore.
And I won't ruin it for you.
I wish you a good day today.
I'm just telling you,
this trial is rigged.
It's a Palestinian country,
filthy leftists.
No matter what we say,
what we do,
we're going to jail for life.
On the witness stand,
Defendant no 3, Avishai Elbaz.
Avishai, I will ask you
several questions,
then the attorney will question you
about the matter at hand.
Testimony of a minor.
Behind closed doors.
Yes, but the family can be inside.
I'm the family's attorney.
Mr. Mahdi Mattar.
I don't care. You can't come in.
You are now testifying
in a court of law,
you are hereby warned to tell
the truth and nothing but the truth.
If you fail to do so,
you'll be punished by law.
Your Honor, the victim's family
says they're allowed in.
Yes, let them in.
Even though
this trial is behind closed doors,
the victim's family is authorized
to be in court.
Would you mind moving...
All right.
Quiet, please.
Avishai, introduce yourself.
When were you born ?
November 2nd, 1997.
- So, you just turned 17.
- Yes.
Where were you born ?
In...
Ashdod, but then we moved to...
Slow down, you're nervous,
it's all right.
I apologize, I...
Sometimes I... stutter
because I'm... I'm nervous, so...
But I want to say that I...
That I want...
To say exactly what happened,
all the details.
- I hope I'll have time to say it all.
- You will. Don't worry.
- Mr. Himi, your witness, please.
- Thank you, Your Honor.
Avishai, when did you
start stuttering ?
When I moved to boarding school,
to the yeshiva in Jerusalem.
Until then,
I was an excellent student.
But then I began to stutter
and I was diagnosed with OCD
and I started going to therapy
and taking pills.
At that time,
all these attacks occured
and the three boys were abducted...
It affected me very much.
So you could say
I had serious mental issues
and then this thing
with the boys happened.
Avishai, I'm trying
to understand something.
Many people suffer
from mental disorders.
The entire country took the abduction
of the boys very hard.
So how is it that specifically you
became part of this horrendous act ?
Yes, right...
Because there were other factors
that influenced me.
For instance, Yosef Haim.
And you mustn't forget
that I was very young,
not even 16 and a half, it's a very
tough age to withstand this pressure.
I'm hearing all this,
but I still don't understand.
Really. I don't understand.
How did all this result in your
participating in such a horrifying act ?
Such a heinous act
that ultimately ended
with such a grisly murder ?
But... I didn't murder him.
I don't understand why you...
- I didn't murder him.
- You didn't murder him ?
I am not a murderer,
I didn't know
that's what their intention was.
Really.
I'm sorry.
I can't take these guilt
feelings anymore.
It's such a shocking act...
I regret I was born.
I'm sorry...
I can't promise anything,
but he did very well, he did.
Everybody cried in court.
Did the judges understand
that he was dragged into it ?
I think so, it seemed that the
presiding judge was very empathetic.
What does it mean,
how long can it be ?
I'm pretty optimistic that the murder
charge will be dropped.
Is there anything else we can do ?
Not for the moment,
just pray for a fair trial.
That politics and the media
have no bearing.
Give him a hug from us, tell him we
love him, that we're thinking of him.
I'll tell him. Bye for now.
I'm saying this from experience,
it will be difficult to convinct
the third one of murder.
Why not ?
He beat him up first, he dragged him
into the car and tortured him.
Abduction is not murder.
He was younger than 17,
stuttering, crying.
I brought you to stand by me,
to explain to them
that there's no difference,
all three are guilty.
Any other symptoms
other than insomnia.
- Depression, anxiety ?
- No, just insomnia.
Can you pinpoint
anything as a trigger ?
I don't see any reason
to get into it.
Can you write
the prescription for me ?
I'll understand if you can't.
Okay. No problem,
I'll give it to you.
- Renovations ?
- What ?
Not exactly. Changes.
Changes are good.
Avishai's lawyer came
to see me this week.
He told me
about your testimony.
- What did he want ?
- Medical reports.
He said your testimony was
detrimental to Avishai's situation.
Now he's seeking
every possible direction.
- Yes, of course. It's legitimate.
- So, what happened ?
What made you say that he killed ?
You told me something else.
I don't remember.
It's a legal matter.
I remember exactly
what you said.
You explicitely said you don't think
he took part in the murder.
That's why I agreed to help you.
"It's for his own good,"
that's what you said.
Then it turned out
he didn't commit murder.
- It's not that simple.
- It's pretty simple.
- I was my assessment.
- You made me incriminate my pacient.
You did what you had to do.
You shouldn't feel guilty.
Listen, I am handling my own guilt.
Every day. Believe me.
- What about you ?
- No, I don't feel guilty at all.
You pulverized
the first person who blamed you.
He called me a traitor.
I'm no traitor. I'm an investigator.
Avishai confessed and I had
to support it in court. I did my job.
I hope it won't be your job
for much longer.
Avishai, you said earlier
you want to get the details right.
- That the truth is important to you.
- Right.
I would like to help you be precise
in your details and get to the truth.
- Like you really want to.
- Okay.
Excellent. During the reenactment,
you told the Shabak interrogator
that you were planning
on "kidnapping and killing".
Yes, but I explained to him
it was actually "judged by its end."
You didn't know
you were going to kill,
you thought you were going
to beat someone up.
You said that you wanted to kill
because you were confused
with the end of the act.
- Yes, exactly !
- Good. I'll tell you the truth.
I'm less interested
in the beginning of the night,
whether you knew or not,
let's put that aside for now.
I'd like to take you to your finest,
bravest moment.
When you yelled in the car,
after the kidnapping,
"Don't kill him !"
Is that right ?
Yes.
It's a shame we don't have
testimony to back that up,
but let's assume
it really happened.
What I'm trying to understand
is why you yelled, "Don't kill him".
It was after Yosef Haim told Yinon,
"Finish him off, finish him off."
So you yelled "Don't kill him" because
you knew he was going to kill him.
I think so. It could be
inferred by that.
Did you know at that moment
that he would be killed or not ?
We were in the car,
and it was crazy in there
with all the screaming and...
It all felt like
it was panic, not real.
I understand. While you were
yelling, what else were you doing ?
At that exact moment ?
- I don't really remember.
- I'll remind you, okay ?
Could it be that you held
Mohammed Abu Khdeir down
so he wouldn't resist ?
Yes, in that respect, I...
I said I was holding
his arms down when...
Yinon was choking him, but...
And if I remember correctly
from the reenactment,
you also helped Yinon choke him ?
No, I only held Yinon's elbow
because he was getting tired,
but only for a few seconds.
Okay. So, I'm asking again, when
you yelled out, "Don't kill him",
where were your hands exactly ?
Were they holding down
Mohammed's hands,
or holding up Yinon's elbow ?
- I don't remember...
- But one of the two for sure, right ?
You weren't doing anything
else with your hands.
I didn't...
But he didn't die from that.
In the forest, he was still alive...
Yes, but you saw in the car
that he was passing out,
not breathing, and you heard
the order to kill him.
I'm just trying
to find out, Avishai,
what did you do when you realized
he was going to be killed.
I...
I don't know.
- It felt like seconds...
- Like seconds...
Like seconds. Let's see.
You set out on this hunt at 11 PM,
for an innocent victim,
as long as he was an Arab.
For five hours
you wandered around.
You started out at Jaffa Gate,
then Damascus Gate, no luck there.
Next, Sheikh Jarrah,
you saw a bunch of kids
you tried, changed your minds.
Moving on, Beit Hanina,
another teenager,
once again you couldn't make it
happen, but you didn't give up.
You bought energy drinks and
cigarettes to get your strength up.
Next, Shuafat.
Your honor, tell my colleague
to get to the question.
- Mr. Korb, where is this going ?
- Just a minute.
So, Shuafat...
You saw Mohammed,
and you, Avishai,
you walked up to him,
you hit him, and you and your friends
got him into the car by force,
you drove away
with Mohammed in the back,
fighting for his life.
You went down to Highway 1,
turned on Begin Street,
you drove for 7 kilometers, then
up to Kiryat Moshe, by Angel Bakery,
reached Har Nof
and then to Jerusalem Forest.
Five hours, Avishai.
Then another 15 minutes
when you knew for sure
it would end in murder.
Does it still seem
like a few seconds to you ?
It was at the end, it was when...
- I couldn't do anything by then !
- You couldn't do anything ?
Let's examine that.
Could you have, for instance,
let go of Mohammed's arms ?
Could you have, instead of
helping Yinon, do the opposite ?
Try to stop him ?
Remove his hands
off Mohammed's neck ?
Could you have pounced
on Yosef Haim and try to stop him ?
When you got to the forest,
Mahommed was still alive,
could you have begged for his life ?
Couldn't you protect him
with your body ?
Protect him from Yosef Haim
who beat him with a crowbar
and set him on fire ?
Could you have done
any of those things, or not ?
I think you could have.
There were so many things
you could have done,
and you did not do them.
When you knew for sure
that an innocent boy your age,
who never harmed anyone,
was about to die.
No further questions.
Case PH 34700-07-014.
The ruling.
According to the indictment,
Defendants 1 and 2 decided
to take action gainst Arabs
in light of the kidnapping
and murder of the three boys,
Naftali Frenkel, Gilad Shaer
and Eyal Yifrach,
may they rest in peace.
The following day, Defendant no 3
was included by the other two
for another attempt.
The atmosphere in those days
was tense.
The tension was fueled
by various parties,
the country was raging,
and in Jerusalem,
a protest took place
in which the crowd was heard
to chant "Death to the Arabs".
The defendants took
these cries literally
and acted accordingly.
This is the shaft through which
the three plunged into the depths
of a dark tunnel of hatred and racism
from which they emerged that night.
Yet, the troubling thought persists.
From what fountain
did the three drink
such quantities of hatred and racism,
which blinded them so terribly
that they could not see how,
in sound mind,
they were suffocating,
bashing the head in
and burning alive a human being
created in God's image ?
What did the defendants learn
and internalize
at the various stations
of their education and upbringing,
that enabled the insufferable ease
with which they took the life
of a young Arab boy ?
We find Defendant number 1,
Yosef Haim Ben David,
guilty of kidnapping with intend
to hold a victim hostage,
battery and assault,
attempted arson,
kidnapping with intent to murder
and murder.
We find Defendant no 2
guilty of kidnapping with intend
to hold a victim hostage,
battery and assault,
attempted arson,
kidnapping with intent to murder
and murder.
As for Defendant no 3,
he is the youngest of the group,
suffering from personal issues,
psychiatric problems, stuttering.
He did not take part in the physical
beating of the victim,
pouring gasoline on his body
or burning him.
And yet, he captured the deceased,
assisted in his strangulation,
was present at the scene of the crime,
and took part in this criminal plan.
Therefore,
we find Defendant no 3
guilty of kidnapping with intend
to murder and murder.
The sentence will be ordered
on January 13th, 2016, at 2:30 PM.
Guilty of murder all three.
Don't cry, Miri.
Miri...
We know the truth.
This is all because
of a disease in our family.
We must be strong and united.
Keep our heads up.
Avishai. I'm sorry.
It's not over yet.
We'll fight when it comes
to sentencing.
It will be alright, don't worry.
Hussein !
Thank you, Uri.
You promised they'd get
life in jail and they did.
I don't know about that,
we have work to do for the sentence.
I want you and Suha
to take the stand
for the sentencing arguments
and convey the price you paid,
how your life changed
after the murder.
I only came to court so I could
look into my children's eyes.
If we have the strenght,
we'll continue our fight
to have their house demolished
with attorney Mahdi.
That's your right.
Good luck.
A FEW WEEKS LATER
Good luck, Avishai.
Be strong.
Thank you.
Hello, Avishai.
Welcome to the religious cell block.
This is the synagogue.
Morning prayer's at 6,
afternoon prayer at 1,
evening prayer at 7,
at 8 in the summer.
We also have a yeshiva,
you can join in on the lessons.
- Did you go to Yeshiva ?
- Yeah.
But I couldn't really make it there.
I'll pick you up after the prayer,
take you to your cell.
The Israeli court indicted
them for murder,
but is there any punishment
tht can ease the inhuman pain
of losing Mohammed so cruelly ?
Of course not.
"Suha to Toto: We landed, are you
waiting for me where we agreed ?"
"Toto to Suha: I'm waiting for you."
The killing of Mahommed with
this brutality and collusion
is just one example
of the crimes perpetrated
by Israeli against Palestinians.
Well ?
You sound like a political leader.
Let's hope they don't arrest you
when we get back home.
Will you stand next to me
and translate into Turkish ?
No, we'll print it out
for everyone there,
so you can speak from the heart,
without interruptions, okay ?
- Does he know where to let me off ?
- Yes, I told him.
Galata Bridge.
Suha, don't take long
with your aunt,
come back before
the honoring ceremony starts.
Okay.
Mr. Hussein, everyone is inside,
we have to go in.
I must wait for her.
- Don't worry, I'll wait for her.
- No, I will, you go in.
Are you sure ?
We must begin.
- I'll wait for her.
- Alright.
Hussein and Suha Abu Khdeir
appealed to the Supreme Court
demanding the killers' homes
be demolished.
The appeal was rejected.
Jerusalem's District Attorney prepared
a lawsuit against the killers
requesting financial compensation.
The State Attorney decided
not to file the case
due to the killers's lack of means.
In February 2016,
Avishai Elbaz (an alias)
was sentenced to 21 years in prison.
Yinon Ben David (an alias)
was sentenced to life in prison.
Yosef Haim Ben David
was sentenced to life in prison
and an additional 20 years.
I am the Messiah !
This is for Eyal, this is for Naftali
and I can't remember the third name.
Two years later, all three appealed
their conviction and sentencing
to the Supreme Court.
All their appeals have been
rejected unanimously.
Rabbi Ben David,
Yosef Haim's father,
is still the head of his yeshiva
in Har Nof.
His wife passed away
during the legal proceedings.
He is not sane, the doctor
from the USA diagnosed him
and they ignored this.
They wanted to appease
the Gentiles and the world.
Pnina Ben David (an alias) divorced
Yosef Haim while he was in prison.
She still brings their daughter
to visit her father regularly.
The character of Simon Cohen
was inspired
by several Shabak agents and police
officers who handled Abu Khdeir case.
The character of Dvora Segal was
inspired by several psychologists
that treated Yosef Haim and "Avishai".
The killers of Naftali, Gil-ad and Eyal,
the three abducted Jewish boys,
were located in Hebron
three months after the kidnapping.
They were shot to death during
a raid on their hiding place.
The families of the boys initiated
in their memory "The Unity Prize".
It is awarded annualy
to individuals and organizations
who promote Jewish unity
in Israel and abroad.
Mahommed Abu Khdeir has become
a Palestinian symbol
for the struggle against
the Israeli occupation.
Numerous memorial services have been
held around the Arab world in his honor
and city squares, streets
and institutions
have been named
after Mahommed Abu Khdeir.
THE END