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Serious Crimes Case (Beer Sheva) 63357-03-18 State of Israel – F.M.D. V. Assaf Masoud Suissa - part 42

February 15, 2021
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When the conversation was played to him in full, Defendant 1 immediately said, grabbing his head, "How come I didn't notice? How could I not have noticed? I thought he was just asking if he had a family, something like that, maybe he knew his family or something like that."  He later said that Defendant 2 asked him in the conversation if the deceased had a family, and he replied that he was from abroad and had no family, adding, "I thought he was just asking because maybe he knew his family or something, because [Defendant 2] was dealing with drugs, he was familiar and all these things, so I thought maybe he wanted to know because he knew the family or something like that,  What an idiot I am, how could I not notice...  I did not think that he intended to know this in order to murder him" (ibid., 163-180).  To the question of when they first spoke about the deceased, he replied that when they were at work he told defendant 2 that he knew someone who was looking to sell drugs and asked if he was interested, defendant 2 asked to find out details about him and check if he knew him, and he said that it could not be because he was not from Israel; And he thought he was finding out if his family was dealing with drugs, so as not to fall for an undercover agent or an informant, and "I didn't think it was for such a thing to murder him."  To the question of how he explains the fact that after the conversation defendant 2 came to him, and later that night they murdered the deceased, he replied: "I didn't murder him, I didn't know it would happen, if I knew it would happen, I wouldn't have asked him to come.  I just thought he was giving him the money and Pinto, the drugs were already in my house, he just had to give [the deceased] the money and take the drugs from me and that's it, I didn't know it would happen, I swear to you," and rejected the claim that from this conversation it can be learned that they planned to murder the deceased (ibid. at 181-204).

Regarding the claim that he and defendant 2 committed all the acts and murdered the deceased together, after planning, with full awareness and composure, and even acted to conceal the evidence that could have incriminated them, and that they had many opportunities to stop the acts but they did not do so, he replied that he did not know that defendant 2 was going to murder the deceased, and that "I am guilty that somehow I was not able to think in the right way and call the police, I was just afraid, I did everything he told me, I was also scared that he should feel that I am afraid of him" (ibid. 264-266).

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