Defendant 2: Yes
Investigator Malichi: Do you understand your right to consult with a lawyer before the interrogation?
Defendant 2: what is this (unclear word) What does this mean exactly?
Investigator Malichi: You have the right to consult with an attorney before the interrogation today
Defendant 2: Consult him about what?
Investigator Malichi: Not for what you want, your right (unclear word) as a suspect".
Later, after the commander of the Special Operations Unit entered the room and asked to find out with Defendant 2 if there were other cases in which he was involved, Investigator Malichi asked him again if he understood his right to consult a lawyer before the interrogation, and Defendant 2 replied with tears , "I understand"; and to the question of his position, whether he wanted to consult a lawyer or not, he replied , "I don't know if he can help me, how can anyone help me?" (ibid., at p. 2, paras. 25-27). It should be noted that in this interrogation, Defendant 2 again signed a form of notification of the suspect's rights prior to interrogation; and that during the interrogation he was also warned on suspicion of attempted break-in into the apartment, robbery and carrying a weapon, and again he was informed of all his rights, including the right to consult (P/12 Q. 30, 100-103).
It is not possible to accept the defense's argument that defendant 2 did not understand the meaning of the right to counsel. Defendant 2 was about 20 years old at the time of the interrogation, and as he testified about himself in the interrogation and in court, he is an intelligent person who studied for 14 years in the electronics track (sic. at p. 451), and his naïve claim in his testimony that he did not know what a lawyer was and what his role was, should not be accepted. Defendant 2 even waived his right to consult with a lawyer during the first interrogation (at the time he did not claim that he did not know what this meant), and twice signed a suspect's rights form, in which his rights were detailed in detail. Indeed, defendant 2 was apparently not satisfied with the development whereby his conversation with the commander of the Central Intelligence Unit did not yield the results he had hoped for; But he understood very well that he was being interrogated on suspicion of murder, as was even made clear to him in a conversation with the commander of the Central Intelligence Unit, and he expressed this in his statement that he did not know if a lawyer could help him.