Our Boys (2019): Season 1, Episode 8 - Chapter 8: Defendants 2 and 3 - full transcript

[HBO] HD. 'Chapter 8: Defendants 2 and 3.' (Season One) Avishai and Yinon try to navigate isolation in prison.

The trial of the three suspects
in the murder

of Mohammed Abu Khdeir
will begin soon.

The boy who was abducted
outside his home in Shuafat

and was allegedly brought here,
to the Jerusalem Forest.

His body was found
burned on July 2nd.

The residents
of neighboring Jewish Beit Zayit

erected a monument in his memory.

The monument was found
vandalized this morning.

The police stated they are investigating.

Hussein, is this your first time
at the murder scene? -Yes.

What'do you have to say to those
who vandalized the monument?



I have nothing to say.

I thank the people who built it.

I will rebuild it.

Come, hang the picture
-Enough, you do it.

It's hard for her, she can't.

No need to apologize.

I'm not going to the trial with you.

It'll be too much for me.

You can deal with them

I can't.

Neither can I.

What do you think I am?

But I have to.

No.



You don't have to.

Arms up.

Bend over.

You can get dressed.

Are those the guys
who killed Abu Khdeir?

I'll fucking fuck you over
you whores! Just wait!

Shut up!
-Get inside.

This jail is as small
as a scorpion's pussy!

You sons of whores!

Let's go.

So you're putting them in
total isolation?

Yes, isolation.
No contact with the Arab prisoners.

Don't worry.

Stand here.

Spread your legs.

Hands.

Cuffs.

Hands.

You're in protective custody
so your meals are in the cell.

You have one hour a day in the yard.

Good luck.

Give me the level.,

The level?

Pull?
-Yes.

Hold this.

It's Korb.

Hello?
-Hello, Mr. Abu Khdeir.

It's Uri Korb, how are you?

Fine. -I want to invite you
to my office at the Jerusalem DA's office

next Sunday at 9 a.m.
Can you make it?

What for?

To read you the indictment.

I want you to hear it from me
before we go to trial.

God willing.

Yes. You and your wife, Suha.

Okay.
-Thank you.

Why didn't you put on the shield
and turn it on?

Turn it on.

You turn it on.

I'll work on the roof.

Can't you see
that everyone's against you?

One, two, three, four.

One, two, turn, left, left.

Were you on that phone all day?

Give it to me.

What's with the mess?

Tell one of the girls to tidy up.

Next week we have to go
to the DA's office.

Uri, the guy who was here,
the prosecutor, wants to see us.

He'll come here?

No, we'll go to his office.

Tell Iyad to go with you

Why? He won't come.

Have you heard the way he talks?
What's with him?

He's influenced by Majid.
Sounds just like him.

This isn't about Majid.

Iyad did something wrong
and he's afraid to tell you.

What did he do?

Promise you won't tell him?

What did he do?

Swear on Mohammed's soul
that you won't tell him.

No need to swear.
Tell me what he did.

Iyad broke the machine.

By accident,
he was afraid to tell you.

Now he's beating himself up, poor thing.

Hussein, don't get
angry with him.

"Our Fathers'of blessed memory said,

"When the Israelites
stood on Mount Sinai

"their filth was removed.

"Only very little remained."

What is he?

Just a small-time Sephardi rabbi.

So he has a small yeshiva,

but he has no connections.

How do you think I can help you?

Shimon, I never asked you

for any favors
related to your work,

but Rabbi Shalom can't even get
a lawyer for his son.

Everyone deserted him.
Everyone.

Lawyers won't touch this case
because the whole country is against him.

Maybe there's someone
you can talk to.

It's a tragedy, Shimon,
the heart weeps.

And the poor kids,
what did they do?

They're good kids who got dragged
into this by their crazy uncle,

they didn't do anything

and now they'll pay
for the rest of their lives.

That's all.

But they confessed
to the murder.

Of course, Shimon,
they were tortured.

Like Arab terrorists,
no wonder they confessed.

Anyone would,

so what do you expect of naive kids

who know nothing of the army
or the Shabak?

So one crazy man,
that's how you explain this murder?

If he wasn't crazy
why would he do it?

For no reason?
Violate "Thou shalt not kill?"

There have been precedents...

Baruch Goldstein,
the Jewish underground. -Bah

Are you really comparing?

Those were messianic,
right-wing extremists,

we're not them.

You know what your problem is?

They convinced you
we did something horrible.

I don't have to be convinced.

Avishai, this prison is full of murderers,

two-bit murderers,

that killed for a parking space,
money, whatever.

They don't have lawyers?

How come we don't get a lawyer?

I hope this country bums

with all its liars, hypocrites and leftists.

"I don't have to be convinced."

Do you know that "Thou shalt not kill"
doesn't apply to what we did?

Meaning what?

It doesn't apply to Gentiles.

Didn't you know that?

Let's go.

You earn walk around the yard.

Come look.

What do you see?

Get up here.

Can you reach?

See?

Turn around.

Hands.

Fares, I'm calling in
an escape attempt,

declaring them HERs.

It's unfortunate, Avishai.

What escape?

How can we escape
through that crack? -Shut up!

I... I wasn't trying, I...

We just wanted to look, that's all.

What's HER?
-High escape-risk.

This is the 23rd day of
Operation "Protective Edge."

Another day of intense fighting.

Dozens of casualties
and total destruction in Gaza.

The international pressure on Israel
to stop the bombing increases.

The cabinet is-discussing...

Why like this?

I cooked,
use a plate.

Is everything okay?
-Yes.

Rami called.

Shimon, I want you to help him.

This rabbi means a lot to him.

I can't help him.
-Why?

He's a holy man.
-A holy man whose son is a murderer.

Someone raised that murderer.
He had to grow up in someone's house...

Rami said that boy is sick...

And they tortured him.

Nobody tortured him!
What are you talking about?

He murdered a boy in cold blood
and set him on fire!

How do you know that?

The court...
-What difference does it make? I know!

Alright.

A fellow Jew is in trouble,
we must help him.

I can't help him.

Where are you?

I see you.

Rabbi Shalom Ben David?
-Yes.

Attorney Asher Ohayun.
-Thank you, Sir,

for meeting me.

Mr. Koren highly recommended you.

We're helpless.

Rabbi, let's make this brief,
we're both busy men.

I read the file,
I'll represent your son.

Thank you, you're showing us
great mercy. -This isn't mercy.

Let me explain.

First, I heard that the young man
is repentant,

he knows that what he did
is not a Jewish act. -Of course.

Second, I understand
there were some mental issues.

We'll look into that.
-For many years.

Third, we all know very well
the background for this act,

the terrible crisis the people endured
when those boys were murdered

and the profound pain
that led to this act,

not that we're justifying it.
-Yes.

We can't ignore it, can we?
-Of course not.

My son was never involved in politics,
there was none of that in our home.

Of course.

Do the boys
have representation?

Yes, we have attorneys
Avi Himi and Zion Amir.

Oh, I see.

Serious, respectable peopl

Not cheap, obviously.

Rabbi Abuhatzeira urged them to step in.

They finally agreed, with God's help.

We'll do our best, okay?

Thank you.
-Hang in there.

What?! Why?

They're saying we tried to escape,

but it's not true,
they know that's impossible.

They're just abusing us.
-Don't worry, we'll sort this out.

Okay?
We have an attorney now.

You have an attorney.

He'll come see you
as soon as possible.

I'm sure he'll sort this out.

He's an excellent lawyer,
very famous.

When will he get here?

We're in handcuffs all the time

and we barely go out to the yard...

We'll sort it out.
-We have a lot to take care of,

we can't only focus on that.

We'll talk to him, Avishai, okay?

I'm sure he'll find a solution, okay?

I know I ruined your lives.

I'm sorry.

We love you,
you're our son,

you're so precious to us,
you hear me?

Dad?

Forgive me.

Someday we'll talk about everything,
but for now,

"thy faith in the nights,"
stay strong.

Avishai, hang up.

Okay, I have to go.

Already?

Yes. It's punishment
for the escape risk thing.

Good night, Mom.

Good night, Dad.

Good night.

Good night, my love.
Good night.

How are you, Yossi?

Rabbi Shalom.

Did you see him?

How is he?
-It's complicated.

He asked when he could see you,
he begged even.

Did you tell him that I can't?

I barely leave the house.

I go to the store
and everyone looks at me like a leper.

Yes, I told him.

Listen, he...

won't talk about what happened,
he says he doesn't remember,

he can't talk about it.

He must be in total denial.

That's nothing new.

It's from when his lung collapsed
on a flight to China.

He's never been the same.

The psychiatrist you told me about,

can she be trusted?

Of course, Rabbi Mintz recommended her,
from Kiryat Moshe.

She's the best there is.

And she's observant.

Very good.
Can you arrange a meeting?

I'll call her, I'll try...
Thank you.

All the best.

Rabbi Shalom.
-Hello, Dr. Segal, how are you?

Fine.
-Mr. Ohayun, the lawyer.

Good evening.
-Nice to meet you.

Please come

Please sit, Mr. Ohayun.

Thank you.

Can I get you something to drink?

No, thank you.

How is Margalit?

She'll be alright, God willing.

She doesn't know anything yet.

It's best.

I told you, I think she is much stronger
than you give her credit for.

Hiding this from her is wrong.
-She's strong?

How so, Ma'am?
-Dvora. -Yes.

Strength?

A son and two grandsons,
the entire family is shattered.

What can she do?

You're aware of her condition.

You've done so much for the family,

we appreciate it very much.

For Yosef Haim, for Avishai.

Excuse me.

Yosef Haim is
an entirely different story,

if I understand correctly.

His condition is much worse.

I spoke with Rabbi Mintz, he...

said that you could be very helpful.

Ma'am, I read the notes you gave
the Shabak and the police.

Let me just say...

you were too generous
with this material.

Not everything...
-You know the law

just like I do.
-I know, when it comes to Shabak,

people don't think straight
out of fear.

Rightly so.

In any case, your notes indicate
a severe mental disorder.

So what we need is your expert opinion

as to his mental state
before the murder

and if necessary later,
your testimony in court.

Rabbi Shalom, let me explain
something very important.

There's a big difference between
someone who has mental problems,

severe ones at that,

and someone who legally
can't be held responsible for his actions.

Who can't distinguish
between right and wrong.

It's called a psychotic state.

But that's not the case with Yosef Haim.
-Excuse me,

this says:
"Extreme obsessive symptoms."

"Anti-psychotic drugs."
-In micro doses...

"Narcissistic anti-social tendencies,"
the definition of a psychopath, right?

"Hypomania."

"Hypomania" again.

"Hypomania."
-Completely different from mania.

Are you sure?

How can you be sure?
It's a very thin line.

It's my job.

But you made a mistake here.

A man comes to you,
the next day he commits murder.

And you didn't see anything?

Rabbi Shalom, I suggest we end this meeting.
-There are countries,

and I'm not insinuating anything,

where this would be considered
medical malpractice.

Okay... -So I think
it's the least you can do

for this family.

Rabbi Shalom,
I understand your pain,

I do, and I know
you'd do anything

for your family and your son,
but this won't work.

It can't.

Because it's not true.

Ma'am... -And you have your
grandchildren to consider.

And Avishai.

And Yosef Haim can explain
how it happened,

he must assume responsibility.

He can explain
how he dragged Avishai into this.

If he pleads insanity,

it will be a grave injustice for Avishai.

You must consider that.

What's this?

He is 'high risk'.

We filed a motion, Weitzman agreed,
no handcuffs until the hearing.

Are you sure?

No one told me.
-Oh, please.

Don't worry,
this will be over soon.

Sit down.

Hello Avishai,
I'm Attorney Avi Himi.

How do you feel, Avishai?

Thank God.

And th-th-thank you...

I'm sorry, I... stutter sometimes.
-That's okay.

Avishai, do you know
what you're accused of?

Yes, I told them everything.

You...

are accused of murder.

Do you know that?

This is the indictment,
the charge is murder.

Not just you, the three of you.

But why me? I didn't kill...
-You,

unlike your friends,
didn't commit murder, right?

Not only did you not
commit murder,

you cried out in the car,
"Don't kill."

True?

Yes, yes.
-Excellent.

So why are you being accused of murder?

I don't know.

Because under the law,
if you knew of the intent to murder

and you joined in the act,
even if you didn't commit the actual murder,

you will be charged with murder.

That's the law.

Now, listen closely, Avishai,

because this is the most important question
you'll ever be asked.

Did you know beforehand
you were going to kill him?

N-No.

... I don't think so.

The plan was to kidnap him,
beat him up,

but l-l didn't think to kil .

Yes.

Okay, look,

"Investigator Simon asks,
what were you planning?"

You answer, "To kidnap."

"Investigator Simon asks,
Kidnap and...?"

You answer,

"Kidnap and kill."

Yes, but I told him

it's like "judging by its end."

He understood that,
you have to talk to him.

Avishai, this Simon guy,
which is not even his name,

his job is to incriminate you.

And that's what he did,
do you understand? -No, no, no.

He didn't mean to set me up,
I know he didn't.

He helped me and... -Yes?

Did he ever explain
the significance of intent to kill?

Did he ever say, Avishai, think hard,
think very, very hard,

whether you knew beforehand
you were going to kill?

That this is life or death,
that this could end with a life sentence?

Since the war began,
this is a serious escalation. -Simon.

May |?

We've never seen a wave
like this before.

A thousand percent increase in calls for
incitement and violence against Arabs.

Dozens of attacks against
Arab cab and bus drivers.

Death threats on left wing activists.

Over a hundred Facebook,
Twitter and WhatsApp groups

with racist elements.

The thing is they're posting with their real
names, not even hiding,

it's a first.

Ordinarily
we wouldn't give it another thought,

because we saw it never leads to actual
action,

but after the death of Abu Khdeir,
nothing is ordinary anymore.

And for dessert,
a little something from our friend.

"I'm proud and happy,
didn't I tell you?

"These Jews did a great deed
by not standing idly by,

"they murdered the Arab
from the Abu Khdeir family.

"They carried out the Pinchas act of zealotry
and responded to the wrath of God.

"We must keep setting them on fire,

"so they realize that for every murder
the enemy will bathe in his own blood."

Is that...

that Yochi guy?
Is he still out of jail?

When's his trial?

It'll take a while.

Is he giving us anything?

Honestly?

He gave us nothing.

Then let's lock him back up.

Okay, Simon?

This is incitement,
it must be a violation of his parole.

We need a highly publicized arrest,

something symbolic to create deterrence.

No problem,
he's giving us nothing.

But remember,
it's not only these guys anymore.

You start arresting people
for spewing hate,

half the country will be in prison.

So? How did it go?

Okay.

What?

What did he say?

tell you, but..

tell me first,

what was the name of the agent
who questioned you?

One was Iteik,

One was Itzik,

the other was Simon.

But they're probably
not their real names.

Why?

I have to talk to Simon.

What for?

I need him to talk to my lawyer
about something.

I need his help
regarding the investigation.

Are you nuts?
Why would he help you?

Those guys from the Jewish Division
are worse than the cops.

I'm sure he'll want to help.

What happened in there?

What did the lawyer say?
-He asked me questions about...

what happened.

He wanted to know exactly what happened.

If you hadn't told Simon
what you did,

there's no way they'd know
what really happened that night.

He knew without me.

How?

Talks of a ceasefire,
but the bombing continues...

Turn around.

They're here.

Go on in.
-Hello, come in.

Forgive me, I haven't eaten all day
and when I'm hungry...

I can't focus.

Thank you for coming.
Hello.

Please sit down.

Before I read the indictment,

I want you to know that
what you're going to hear isn't easy.

The indictment describes
what happened to Mohammed

the night of the murder.

In great details.

Do you want to ask her
if she wants to hear?

He wants to read the indictment,
do you want to hear?

It has all the details
of what happened that night.

Do you want to hear it?

Yes.

Okay, I'll skip the preamble.

"Defendants 1,2 and 3 drove to..."
-Why aren't you saying their names?

Why 1,2, 3?

The names of 2 and 3
can't be made public.

That's the law.

They're minors.

Young.

They're going by the book.
He can't say their names.

He has to say 1, 2, 3.

"Defendants 1,2 and 3

"drove to East Jerusalem to find
a victim to perpetrate their scheme."

Who else is here?

Is that the Ben David family?
-Quiet.

Is the Ben David family here?

Move. -Quiet!

Who are you?

A fan.
-Quiet!

Open up already.

Quiet.

Who's there?

Quiet, no talking!
-Yochi Har Zahav.

Stay away from the door.
Get back in your bunks.

I said, stay away!
-Alright.

He's gone.

What are your names?

Your first names.

Yinon and Avishai.

It's an honor to be your neighbor.

Yinon and Avishai.

The nation is with you.

They're afraid to say so,
but everyone's with you.

Know that.

You did what many people felt
had to be done,

but they didn't have the guts.

I know you're in darkness now,

but don't despair.

You mustn't despair.

"Around 4 o'clock, the defendants
arrived at the forest

"Defendant 1 stopped the Honda...

They choked him in the car?

So they didn't burn him alive?

He didn't say yet.

Shall I continue?

"Defendant 3 got out of the Honda,
the victim's head and upper body

slipped out of the vehicle
and he made wheezing sounds."

Aren't you going to translate?
-Not now.

"Defendant 1 raised the crowbar
and hit the victim over the head twice.

"As a result,

"the victim sustained
an injury to the head

"and two blood stains began
spreading on his hoodie."

What did he say

Why do we have to know everything?
What for?

Translate for me, Hussein,
I want to know.

They dragged him out of the car
and beat him, what do you want to know?

How he died in the end.

"Later on, Defendant 1 said to Defendant 2
that they must burn the victim

"to prevent him from attacking them

and to destroy evidence
linking them to the act.

"Defendants 1 and 2 poured gasoline
over the victim who was uncon..." -Enough.

Was he alive when they burned him?

Did Mohammed suffer?

She's asking if he suffered.

When they burned him, was he alive?

... don't know if he suffered.

But he had soot in his lungs,
so presumably he was alive.

But there was no movement
of the body at the scene, so...

he must have been unconscious
and likely didn't suffer.

He was unconscious when..

Hussein.

Her questions are important.

I know it's not easy to hear,

you're going to hear this again and again.
-Court?!

Tell him I won't be at the trial.

If he has something to say,
he should say it now.

What?

She's saying...
-What's the court for?!

What did she say?

She doesn't want to go to court.

No, no, you must be in court,

both of you,
she even more than you.

She's the mother

He says
he needs both of us in court,

so the judges will see our pain.

And you're more important than me,
he has to see you.

A trial is for people, not animals.

What trial am I supposed
to qo to?!

Watch the lawyers they
brought to defend them!

Both of us are not going

Mrs. Abu Khdeir!

Whatever the verdict, it won't ease our pain.

So what's the point?

Hussein...

Believe me,
the first phase is the hardest.

But after you get through it,

you get used to it.

You can even find some beauty in it.

How long were you in for
last time?

Two months.

I broke down last time.

I didn't think
could last another hour.

But now?

I mean it,

it's a privilege to be back here.

If only to help you
get through this tough time.

Avishai,

ask him about the Shabak guy,
I bet he knows them all.

He wants to talk to the investigator
that interrogated him.

He thinks he'll help him.

From the Jewish Division?

What's to talk about?

They're the rats and informants.

They're traitors.

He's not... like that.

I mean, he...

I explained something to him
and he really got it.

Yeah, right.

It's all manipulations, Avishai.

told him.

What's this investigator's codename?

Simon.

Simon?

He's the worst.

He has a cold heart,

like a fish.

I know him well.

Do you know
what his real name is?

How I can get to him?

How would I know?

But honestly, Avishai,

drop it.

The Sabbath he spent with them

he said his nephews
go to our grandfather's yeshiva,

Rabbi Shalom Ben David.

That lying bastard.
-No, no, I'm telling you,

he...

wasn't lying about that,
I know it.

How do you know?

Huh?
-I just feel it, he...

he was kind to me

He wanted to help me.

How evil.

My God.

If he wanted to help you,
would you be in here?

You know what?
Just so you see for yourself,

I'll try to find out.

So you come to your senses

and realize who these people are.

What's your grandfather's Yeshiva called?
-Ohel Aharon.

And he said
his name was Rami Cohen.

Rami Cohen?

I'll find out for you.

Calm down...please.
-Mukhtar, If he doesn't go to the court...

No, no, no...
Please...

Hold on.

Abu Iyad has suffered a tragedy

that no human can
possibly bear.

That is why I ask us to listen
to him with an open heart.

Because today he is conflicted,
to go to the Israeli court or not?

Please, explain.

I want to go, Mukhtar,

because this is my war against them,

I will not back down.

I am not asking
that you come to court with me,

just don't stand in my way.

This trial is hard for me.

As hard as Mohammed's death!

To face those Nazi murderers,

but they must be tried.
-If I may, Mukhtar.

I don't agree with this point.

As your eldest son told you,

this trial is a sham.

And I'm telling you,

if you take part,

you will lose the public's support.

Mohammed united the National Front

with resistance
and against normalization.

Going to court is normalization?

I am no political leader.

I am a father.

A father.

They took my son,
they murdered him.

I must go to court for Mohammed.

So they'll be tried, then what?

How do you know they won't be released
after people forget this?

And that's if they're not declared insane.
-Exactly.

Like that French Jew who killed
the cab driver from Beit Hanina.

What did they do to him?

They said he was insane.

If you want to maintain
the holiness of your martyr son,

do not go to that court.

What does the court have to do
with the sanctity of the martyr?

Even if the trial is a sham,
my father must be there.

Even if only to show presence.

What is the meaning
of our lives in Jerusalem?

Proving that we exist here.

You are all preaehing,

but no one has asked himself
what he'd do in Hussein's shoes.

Even if you ask yourselves,
you will not have an answer.

Because you are not in his shoes.

You'll all go home and
go on living your lives.

My father...

How will he go on with his
after this catastrophe?

Hello.
-Hello, my good man.

Are you Rami Cohen?

Yes, how can I help you?

Do you have a brother named Simon
or a similar nickname?

Who might you be?

We're here on behalf of Avishai,

Rabbi Shalom's grandson.

What grandson? -The one who's in jail,
from the Jerusalem Forest incident.

A friend of ours is in jail with him.

What do you want from me?

Your brother is in the Shabak, right?

In the security service,
but I can't talk about that.

Ever heard of the Shabak Jewish Division?

Those who hunt down Jews?

He incriminated
the rabbi's grandson.

Just so you know.

Iyad?

I thought someone came
to steal the machine.

I heard footsteps on the stairs,
I didn't know it was you.

What are you doing

I don't want it.
I'm taking it apart.

Don't you want to keep cutting?

I don't want it. Cutting concrete isn't our
job, we're electricians.

But the machine is more profitable
than electric work.

That's why you bought it.

I don't want it.

You mean more to me
than all the money in the world.

"Following the attack in Sajaiyah Market,
Nabil Shaath claims it's a war crime..."

Who could that be?

Shame on you.

You're my little brother
and maybe you didn't mean it,

but I'd never do to you
what you did to me, ever!

Shame on you, Shimon!

In the absence
of a forthcoming ceasefire,

targets are being attacked
by air and by land.

Following these attacks,
based on reports from Gaza,

another UNRWA school was hit

that provided refuge to many Palestinians.

The IDF has increased
the attacks in the last two days

to intensify the damage to Hamas.

The disturbing images from Gaza
continue to trouble world leaders:

"It's a severe situation,
the fire has to stop. Now."

Abu Khdeir's family will be recognized
as victims of terrorism,

thus from the ministry of defense.

Three suspects from Jerusalem
were charged today

with the kidnapping and killing of the boy.

This update by our correspondent,
Vered Pelman

A "manhunt"

is how the prosecution is defining
the acts of the three defendants

in the murder of Mohammed Abu Khdeir.

The indictment presented in
the Jerusalem court describes how

the three kidnapped the teenager, choked,
beat and burned him alive.

A thousand salutes to his mother!
-A thousand salutes to his mother!

Keep the martyr in his blood!
-Keep the martyr in his blood!

"I'm Suha, Mohammed's mother.
Who are you?”

"I want to talk to you,
Call my number if you want."

"It's already the last day of Ramadan and you
still haven't answered. Happy Holiday."

Dad...

Go ahead,
I'll stay here with the pretesters.

Alright.

You stay here.

Good morning.

Good morning.

You came alone?
-There's a protest. Everyone's outside.

And where is Suha?

She's not coming today.

All right, let's go.

Do you want to say anything?

Yossi, say something.
Do you have anything to say?

Yossi, why did you do it?

I am the Messiah.

I am the Messiah.

I am the Messiah.