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A juvenile court judge in Jerusalemhas set a ten-day arraignment
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for a youth suspectedof murdering his parents and his sisters.
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Our reporter, Uri Cohen Aharonov,reports that the boy will be held
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at the Talbia mental hospitalin Jerusalem for observation.
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Our reporter said that the arraignmenthearing will be held in closed courts
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at the detention centerof the Jerusalem District Police
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in front of the juvenile Judge,Avraham Ben-Hador.
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During the hearing,the boy confessed to the crime,
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shed tears when he noticed his relatives,
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and asked for his homework from schoolto be brought to Talbia Hospital.
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We took him to the hospital…
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to be examined by a hospital psychiatrist.
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Before we went in, me and him,
and he wasn't handcuffed,
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a little murderer without handcuffs,
sitting there, just me and him, alone.
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And we're chatting and laughing,
anyone watching would've said,
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"A father and his son."
Or something like that. Nothing more.
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Then he goes into a room
with the hospital psychiatrist
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and some more staff members,
and I wait outside.
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After half an hour, or an hour,
something like that,
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the psychiatrist comes out
and asks me, "Are you all right?"
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I tell him, "Yes, why?"
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He says, "This kid… After him,
all psychiatry books should be updated."
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He came to you?
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He came to the wing for hospitalization
accompanied by policemen
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who left him in the closed wing,
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and went away, leaving him
for what was called "observation."
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Do you remember
your first impression of him,
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the first time you saw him?
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What did you see?
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The boy next door.
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There are those who come, you see them
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and you instantly say, "He's psychotic.
He did it out of delirium."
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You see them behaving aggressively,
violently, or disrespectfully in the wing.
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He came…
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He really respected all the rules,
all the codes.
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No aggression,
no violence, no social problems
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with others,
with the other boys in the wing.
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He was withdrawn, yes.
He didn't tell us anything.
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He didn't talk much.
But he abided by all the rules.
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Look, it was really…
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His IQ,
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I don't want to talk numbers,
but it was very high.
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And his behavior?
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Impeccable. It really isn't typical.
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We asked all the time
when we'd be able to visit him,
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and they said he was under observation
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and that they would tell us
when we'd be allowed.
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I think it was a week later, I can't
remember exactly, but not long after,
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I went with Ruth, the principal,
we went together.
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We went there and entered his room.
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And he welcomed us happily with a smile.
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He wasn't embarrassed at all.
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He was really happy we came
and thanked us.
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And we said, "The kids wrote to you,"
and he was very happy.
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And…
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You stand in front of him…
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"February 24, 1986.
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The important thing is thatyou're feeling well.
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What happened happened,and it's really sad and painful.
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But now,start thinking about the future.
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I ask you from the bottom of my heartto take care of yourself and be strong.
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When I heard you were asking
for school books,
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I knew it was the friend I know.
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He's a hardworking friend who likes
to study to succeed at school.
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He doesn't want to live,like you once told me,
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on welfare money after the Army.
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And for that, I and all our friendsadmire and respect you.
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I know all thisas a close and loving friend
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who spent time with youand enjoyed your company.
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Like that time at the movies when youand Yatzek finished my Coke
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and decided to leave me a little bit.
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Anyway, I miss you and am waitingfor you to come back. Yours, Yaniv."
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I felt like I was visiting a boy
who had been in an accident,
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and was in hospital for treatment.
I mean…
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He smiled, didn't say a word,
nothing about the incident.
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Nothing related to the incident.
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Nothing. Not at all.
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Did he seem sad?
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No.
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-You didn't see sadness.
-No.
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Not at all.
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Did you ever tell him,
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"I don't believe your story
about the green creature"?
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Of course. Of course I told him,
right from the start.
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Of course, I always confront
the patients with what I think.
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00:08:35,880 --> 00:08:39,039
And how did he respond when you told him,
"I don't believe you"?
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How did he respond?
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He said, "That's not true."
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Just like that, like I said it to you now.
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"That's not true. "
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"You're wrong." "Fine."
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-That's it.
-Yes.
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-Three weeks of that.
-No emotion--
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Three weeks of that.
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-Digging and staying in the same place.
-Same place.
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I'll use a metaphor.
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He maintained
his right to remain silent while talking.
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00:09:23,360 --> 00:09:28,720
"And you may be doctors,
professors, department heads…
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that doesn't impress me."
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"You won't know more than what I said."
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"I'm smarter than you are."
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He knows more.
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In this case he's smart, that too,
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but he knows more.
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"And what I know,
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I will not tell you."
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And that's it.
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00:10:03,600 --> 00:10:07,800
And if we respect the rules of the game,
as they say, that's all there was.
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00:10:23,839 --> 00:10:28,600
"We hope this was one of the first letters
you opened, and if not,
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we apologize for the words which probably
repeat themselves in the other letters.
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00:10:33,320 --> 00:10:37,560
It's important for us that you know that
we talk and think about you all the time.
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00:10:37,640 --> 00:10:41,760
We just don't know the right way
to express and tell you
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how much we love you and believe in you.
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We hope you don't read the garbage
they write in the newspapers,
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because most of it is dirty
and unfounded lies.
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It's really hard for us to express
ourselves well in writing
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because we ourselves are still confused."
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We want you to come back
as quickly as possible
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and know that everyone misses you
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and your constant smile.
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Be strong, and don't forget
we're always on your side.
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Yours with love, Shiri and Rakefet."
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The hardest thing was…
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00:11:29,839 --> 00:11:31,160
It was…
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I didn't understand.
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00:11:37,719 --> 00:11:38,959
The helplessness.
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00:11:41,199 --> 00:11:43,040
The helplessness as a professional
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that you feel…
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00:11:48,400 --> 00:11:50,199
when you sense…
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00:11:51,280 --> 00:11:54,680
You work a great deal
with your senses in our profession,
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a great deal.
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You sense…
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that he can feel your helplessness.
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And he will continue to maintain it.
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00:12:07,600 --> 00:12:08,719
He will feed it.
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00:12:14,120 --> 00:12:15,800
Was this some sort of…
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"intellectual battle"?
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Absolutely. It was. It absolutely was.
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JERUSALEM DISTRICT COURT
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We formulated our professional opinion
and submitted it to the court.
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00:13:17,040 --> 00:13:21,920
In our assessment,
we said he was fit for trial
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and there were no grounds for claiming
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any sort of psychiatric impairment that
could have led him to commit the crime.
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And…
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And if you ask me today,
all these years later,
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"So,
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why did he do it?"
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I will say, "I don't know."
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…from the Jerusalem District Court.
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Yossi, come on. Come in after me.
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00:14:47,599 --> 00:14:49,079
When I take a case,
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I think about it at night.
By my bed, I have a piece of paper.
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I wake up at night and write things down.
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00:15:00,959 --> 00:15:04,439
I'd been thinking about that case
from the very first day,
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and I decided how I'd run it.
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00:15:22,640 --> 00:15:25,000
After the investigation was completed,
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and it wasn't
a very complicated investigation
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since they didn't have
to investigate who did it,
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an indictment was filed
with the Jerusalem District Court,
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in its capacity as a juvenile court,
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on four counts of murder.
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I was the prosecutor, yes.
I prepared the indictment,
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I read the material,
and based on that material,
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we decided to indict.
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It was inevitable.
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00:16:03,719 --> 00:16:06,040
I never saw one single tear in his eyes.
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Not even…
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any kind of sobbing.
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00:16:20,319 --> 00:16:22,560
The feeling was…
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that he was indifferent to it.
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You annihilated your whole family,
and you're 14 after all.
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And you're not mentally impaired.
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The finest specialists examined him,
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including a psychiatrist
who specialized in children,
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The bottom line was that he was fit
for trial and no psychosis was found.
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We could hold the trial,
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he was responsible for his actions,
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and children over 14
could be sent to jail.
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Come…
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-Let us through.
-You see the boy?
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00:17:16,159 --> 00:17:19,359
-Gentlemen, move.
-Let us through.
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00:17:24,119 --> 00:17:25,560
At a certain point,
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we received news…
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00:17:32,560 --> 00:17:36,520
that the trial was being held
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at the Jerusalem District Court,
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and the whole department decided
to go to the District Court.
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We got there.
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They brought the boy.
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His legs were cuffed.
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His hands were cuffed.
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We stood there in a row.
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They brought the boy.
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00:18:20,760 --> 00:18:22,080
He looked at us,
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and smiled at the policemen.
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00:18:27,679 --> 00:18:31,120
And he wasn't at all moved.
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He wasn't moved when he saw us,
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I have no doubt he recognized some of us,
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00:18:38,960 --> 00:18:40,040
but…
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00:18:40,960 --> 00:18:42,840
it had no effect on him.
200
00:18:43,840 --> 00:18:45,200
He just didn't care.
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00:18:52,840 --> 00:18:54,720
He would come to our department,
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00:18:54,800 --> 00:18:58,280
he'd come to the Bookkeeping department
at the Ministry of Education,
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00:18:58,360 --> 00:19:01,080
and fiddle with everything.
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00:19:01,159 --> 00:19:03,080
Everything interested him.
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00:19:03,159 --> 00:19:07,520
Really, especially the calculator.
206
00:19:07,600 --> 00:19:10,280
He'd sit with the calculators,
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00:19:11,800 --> 00:19:13,320
and wouldn't stop.
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00:19:13,399 --> 00:19:16,360
He'd sit there making
all sorts of calculations.
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00:19:18,240 --> 00:19:21,840
At the end of the day,
this boy really was a genius.
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00:19:23,360 --> 00:19:24,960
Smart and brilliant.
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00:19:26,120 --> 00:19:28,960
And it saddens me again.
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00:19:30,800 --> 00:19:34,200
It saddens me
that a boy like that ended up this way.
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00:19:34,280 --> 00:19:36,520
I don't know
what was going through his mind.
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00:19:52,560 --> 00:19:55,520
To prove mens rea,
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00:19:55,600 --> 00:19:58,320
meaning he made the decision to kill
in that situation,
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00:19:59,120 --> 00:20:02,360
we can learn from
the act of taking the gun
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00:20:03,040 --> 00:20:06,600
and moving from one victim
to the next, to the next,
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00:20:07,720 --> 00:20:10,919
as a person intends to achieve
the natural results of that act.
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00:20:11,000 --> 00:20:15,000
You don't get into their minds unless…
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00:20:16,240 --> 00:20:17,840
they say they're going to kill.
221
00:20:18,919 --> 00:20:21,960
The court learns about the intent
from the fact of the act.
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00:20:22,040 --> 00:20:27,320
If you take a knife
and stab someone in the chest,
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00:20:27,399 --> 00:20:29,560
that means you intended to kill them.
224
00:20:46,440 --> 00:20:49,000
It was actually
the first time you saw him--
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00:20:49,080 --> 00:20:51,000
After the incident, yes.
226
00:20:51,080 --> 00:20:53,320
What did you expect to see?
227
00:20:54,399 --> 00:20:55,720
Pain? What did you expect?
228
00:20:55,800 --> 00:20:57,480
-Yes.
-What?
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00:20:57,560 --> 00:20:59,600
Yes. The pain of a boy.
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00:21:01,000 --> 00:21:02,919
A depressed boy, but no.
231
00:21:05,200 --> 00:21:07,480
Very proudly, with his head held high,
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00:21:08,200 --> 00:21:11,240
he smiled, he giggled with the policemen,
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00:21:11,320 --> 00:21:13,040
he just giggled,
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00:21:13,919 --> 00:21:17,080
to the extent that the department manager,
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00:21:18,280 --> 00:21:20,159
Lily Brown, said,
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00:21:20,240 --> 00:21:23,720
"There's no point in staying.
It's a monster."
237
00:21:38,240 --> 00:21:44,640
But the main battle was between Judge Tal,
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00:21:44,720 --> 00:21:46,159
if you can call it a battle,
239
00:21:47,960 --> 00:21:49,000
and the prosecution.
240
00:21:51,080 --> 00:21:52,480
I have to say
241
00:21:54,120 --> 00:21:59,399
that since Judge Tal had come
to the court, I had really admired him,
242
00:22:01,399 --> 00:22:03,360
as a person, as a figure,
243
00:22:04,640 --> 00:22:06,159
and…
244
00:22:08,240 --> 00:22:12,200
He said the following things,
which I remember very well,
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"In my opinion, it doesn't matter
what the professors decide
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00:22:19,919 --> 00:22:25,000
regarding liability
and the ability to stand trial.
247
00:22:26,200 --> 00:22:27,960
I will not change my opinion
248
00:22:29,360 --> 00:22:34,960
that this boy is not like other people.
249
00:22:35,600 --> 00:22:39,880
He has a problem
that perhaps the doctors cannot define,
250
00:22:40,760 --> 00:22:44,439
but I cannot treat him
as I would a regular defendant,
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00:22:45,040 --> 00:22:46,399
no way,
252
00:22:48,480 --> 00:22:50,080
especially regarding liability,
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00:22:50,159 --> 00:22:52,280
and we have to find,"
that's how he put it,
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00:22:52,800 --> 00:22:55,080
"some way of closing this case…
255
00:22:58,360 --> 00:23:02,960
without reaching that impasse of
fit for trial, unfit for trial…"
256
00:23:03,040 --> 00:23:04,320
As if he were telling me,
257
00:23:04,399 --> 00:23:06,560
"From now on,
I'm telling you what I think."
258
00:23:09,640 --> 00:23:11,960
Isn't that a very unusual statement?
259
00:23:12,040 --> 00:23:15,760
A judge saying,
"Before you say anything, I already--"
260
00:23:15,840 --> 00:23:16,960
A crazy statement.
261
00:23:17,040 --> 00:23:19,080
-Yes.
-It's a statement…
262
00:23:20,040 --> 00:23:23,040
"So you know what I think.
263
00:23:23,640 --> 00:23:26,080
I see that boy, I…
264
00:23:28,159 --> 00:23:32,280
I'm familiar with the charges. A person…
265
00:23:33,560 --> 00:23:36,560
A person of sound mind
would not do something like that."
266
00:23:42,520 --> 00:23:45,520
And then they came
and summoned me to their chambers.
267
00:23:47,480 --> 00:23:48,439
As a prosecutor.
268
00:24:01,560 --> 00:24:02,840
Some years later,
269
00:24:03,800 --> 00:24:06,600
I was volunteering
in the National Service.
270
00:24:06,679 --> 00:24:10,520
I became religious
and did National Service,
271
00:24:11,080 --> 00:24:14,159
and during my service
I was a registrar at the District Court.
272
00:24:14,240 --> 00:24:18,080
And he was tried at that time
at the District Court,
273
00:24:19,200 --> 00:24:21,600
and he came to me, all the way to me.
274
00:24:23,320 --> 00:24:28,240
And it was really hard for me,
and I deliberated with myself
275
00:24:28,320 --> 00:24:30,800
whether to avoid him or face him.
276
00:24:31,679 --> 00:24:33,919
Should I go into the courtroom?
277
00:24:35,439 --> 00:24:36,960
Would I talk to him?
278
00:24:38,600 --> 00:24:40,960
Would I go downstairs to see him?
279
00:24:42,280 --> 00:24:43,200
He--
280
00:24:43,280 --> 00:24:45,679
Wow, I need…
281
00:24:55,520 --> 00:25:02,040
Next to the holding cell,
there was a room to get office supplies.
282
00:25:03,159 --> 00:25:06,720
So, I knew the policemen and so on.
283
00:25:06,800 --> 00:25:10,520
I went downstairs and saw that
he wasn't in the holding cell,
284
00:25:10,600 --> 00:25:12,919
he was sitting at a table
with the policemen,
285
00:25:13,000 --> 00:25:15,720
and they'd bought him
a sandwich from the cafeteria,
286
00:25:15,800 --> 00:25:17,880
and he was talking to them and laughing.
287
00:25:18,800 --> 00:25:21,760
And I looked at him and told him,
I called him by his name.
288
00:25:22,840 --> 00:25:26,280
He looked at me,
and I looked at him and said,
289
00:25:26,360 --> 00:25:27,560
"Don't you know me?"
290
00:25:30,000 --> 00:25:31,640
I looked at him and said, "Adi."
291
00:25:32,480 --> 00:25:33,640
And he said, "Oh, Adi."
292
00:25:35,399 --> 00:25:36,800
And I asked, "How are you?"
293
00:25:38,120 --> 00:25:39,439
And he said to me, "Fine."
294
00:25:40,280 --> 00:25:43,800
I asked, "How are they treating you?
How do you feel?"
295
00:25:44,880 --> 00:25:48,000
And he said, "They're treating me
very well. I feel very good."
296
00:25:50,800 --> 00:25:55,080
I didn't know what I was asking
or what I was talking to him about.
297
00:25:56,040 --> 00:25:57,800
I asked him if he wanted to see a photo.
298
00:25:57,880 --> 00:26:00,040
I carried a photo of Shira
with me at all times.
299
00:26:00,560 --> 00:26:03,080
So I said,
"I have a photo from before the murder."
300
00:26:03,760 --> 00:26:05,240
"Would you like to see it?"
301
00:26:05,320 --> 00:26:07,720
He said,
"It wasn't murder. It was manslaughter."
302
00:26:09,880 --> 00:26:10,720
And…
303
00:26:12,040 --> 00:26:13,800
I didn't know what to do with that.
304
00:26:32,840 --> 00:26:35,760
All photographers, leave the room.
305
00:26:35,840 --> 00:26:37,159
Be gentle, please.
306
00:27:01,560 --> 00:27:04,240
This was an easy case to prove.
307
00:27:04,320 --> 00:27:05,159
To prove murder.
308
00:27:07,080 --> 00:27:10,919
Partly because of what I said,
I didn't have to get into his mind.
309
00:27:11,000 --> 00:27:13,000
But the court, I'm saying it again,
310
00:27:13,919 --> 00:27:15,800
stood there with its arms out…
311
00:27:17,960 --> 00:27:20,320
like in basketball, on defense. "I don't…"
312
00:27:23,360 --> 00:27:24,960
"Find some kind of solution."
313
00:27:26,399 --> 00:27:30,840
I keep saying it, "If the solution was
to convict him of manslaughter,
314
00:27:31,800 --> 00:27:33,880
the sentence was too light."
315
00:27:41,960 --> 00:27:43,439
We reached a plea bargain.
316
00:27:45,000 --> 00:27:48,480
We closed the case
for manslaughter and not murder.
317
00:27:49,560 --> 00:27:50,800
Why was this important?
318
00:27:51,600 --> 00:27:56,439
Someone who commits manslaughter
can inherit, a murderer can't.
319
00:28:02,760 --> 00:28:04,480
On the day I got the case,
320
00:28:05,159 --> 00:28:06,919
I thought about what I'd do.
321
00:28:07,640 --> 00:28:10,320
Among the things he said
was that he wanted to inherit.
322
00:28:10,399 --> 00:28:13,199
To inherit, I needed it not to be murder.
323
00:28:13,800 --> 00:28:17,159
So I went to the District Attorney
to end it as manslaughter.
324
00:28:19,280 --> 00:28:21,280
And if it's manslaughter,
he inherits.
325
00:28:22,560 --> 00:28:23,480
And he did.
326
00:28:24,880 --> 00:28:28,120
-He got everything, right?
-Everything. The house, everything.
327
00:28:28,199 --> 00:28:30,480
Everything, he was the sole inheritor.
328
00:28:34,480 --> 00:28:35,679
The day you took the case,
329
00:28:35,760 --> 00:28:38,560
you were already thinking
about the parents' pension and insurance?
330
00:28:38,640 --> 00:28:39,480
Yes…
331
00:28:40,159 --> 00:28:41,480
I play chess.
332
00:28:45,879 --> 00:28:49,199
I always plan ten moves ahead.
333
00:29:06,000 --> 00:29:10,760
I didn't even share the moves
I made with my partner.
334
00:29:15,679 --> 00:29:19,520
I told the kid everything
I was going to do.
335
00:29:19,600 --> 00:29:22,760
He knew everything.
I didn't hide one word from him.
336
00:29:24,439 --> 00:29:28,360
But he was smart.
He knew exactly, he understood.
337
00:29:33,520 --> 00:29:36,879
So he also knew from the start
that you were thinking ahead?
338
00:29:36,959 --> 00:29:37,800
Yes.
339
00:29:39,600 --> 00:29:40,439
He knew.
340
00:29:41,760 --> 00:29:43,240
Come on in…
341
00:29:44,439 --> 00:29:45,280
After me.
342
00:30:02,159 --> 00:30:04,480
Didn't the judge think
there might be a reason?
343
00:30:06,639 --> 00:30:11,040
They couldn't penetrate that shell,
if there was a shell, of why he did it.
344
00:30:12,120 --> 00:30:15,120
There was no talk of hatred or envy,
345
00:30:16,080 --> 00:30:18,840
nor of hating the father or the mother.
346
00:30:18,919 --> 00:30:23,199
We had no indication
347
00:30:23,720 --> 00:30:26,280
of the sisters abusing him or hating him.
348
00:30:26,360 --> 00:30:30,800
On the contrary,
this was a boy whose family loved him.
349
00:30:34,040 --> 00:30:36,159
But you didn't feel there was a reason?
350
00:30:36,240 --> 00:30:38,360
That's what I'm asking. You and the judge.
351
00:30:38,879 --> 00:30:44,000
I could not have come
to court and said, "Sir,
352
00:30:45,879 --> 00:30:47,800
there was a reason for the massacre."
353
00:30:49,000 --> 00:30:51,520
Not at all. I wasn't able.
354
00:30:54,720 --> 00:30:58,600
And say you thought
there was a motive, I'm just curious…
355
00:30:58,679 --> 00:30:59,520
Yes.
356
00:31:00,959 --> 00:31:04,399
The trial would've gone differently,
the sentence would be different,
357
00:31:04,480 --> 00:31:06,320
-everything would be different.
-Yes.
358
00:31:07,639 --> 00:31:10,879
If they had found a motive,
everything would have changed.
359
00:31:13,080 --> 00:31:14,439
But they never found one.
360
00:31:56,480 --> 00:32:02,520
BOY WHO KILLED HIS FAMILY
TO BE JAILED FOR NINE YEARS
361
00:32:04,520 --> 00:32:10,840
"LIFE BEGINS AT 20," SAID THE BOY TO
HIS RELATIVES WHO STILL SUPPORT HIM
362
00:32:38,560 --> 00:32:40,560
I think that if it had happened today,
363
00:32:41,520 --> 00:32:43,639
I'd understand it better than I did then.
364
00:32:44,760 --> 00:32:49,600
I could have made more assumptions,
in light of experience, than we had then.
365
00:32:50,719 --> 00:32:53,320
Today I'd look
in entirely different directions.
366
00:32:54,240 --> 00:32:55,719
-Entirely?
-Yes.
367
00:32:56,399 --> 00:32:57,560
Because…
368
00:32:59,120 --> 00:33:01,199
certainly, somehow,
369
00:33:02,480 --> 00:33:04,959
it's hiding within the family.
370
00:35:33,040 --> 00:35:38,040
Subtitle translation by: Harry Darkins
29369
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