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Serious Crimes Case (Beer Sheva) 63357-03-18 State of Israel – F.M.D. V. Assaf Masoud Suissa - part 52

February 15, 2021
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According to him, after throwing away the clothes, they continued towards the train, where in an area of sewage water he threw the car keys (defendant 1 pointed to a low, vegetated area on the side of the road, with murky water inside).  According to him, Defendant 2 asked about the keys and he checked and saw that they were in his possession, Defendant 2 shouted at him "Throw them out now, you idiot", and he threw them into the water and accidentally threw the keys to his house as well, and then went down to search and couldn't find his keys.  Later, defendant 2 went to the train and he returned home (ibid., pp. 11-15).  To the question of whether there was anything that was thrown away and not caught, defendant 1 replied that there was an additional bag of clothes, a bundle of keys, tear gas and a packet of tobacco belonging to the deceased that defendant 2 had taken and he did not know what he did with it (ibid., at p. 17).

When asked if he had anything to add, he replied that when they were at the party, he spoke with Defendant 2, "and he told me to be careful not to talk about it with someone because otherwise he would hurt me and my family" (ibid., at p. 15).

In the post-reconstruction interrogation, Defendant 1 repeated his description of his conversations with Defendant 2 and their actions when they arrived at his home; described how he woke up the next day with headaches, drowsiness, and dizziness, not remembering anything, but when he saw Defendant 2  "tokens began to fall on me little by little"; described how they got rid of the objects while accompanying Defendant 2; and claimed that when he told Defendant 2 at the party that he felt bad about the things,  He replied, "I should keep my mouth shut and that it wasn't, and that if I spoke as it were, he would make sure to hurt me" (P/7 S. 55-64).

Regarding the clothes found in the garbage can, defendant 1 again identified his shirt, blue hoodie and black pants as his own, and the black jacket as belonging to defendant 2, and added , "And if I'm not mistaken, there was one of his socks there.  It could be that it was my sock from home because he changed clothes for me" (ibid. at 132-134).  He further claimed that defendant 2 was with him when he hid the weapon and saw exactly where he hid it (ibid., at paras. 118-122); When asked what they planned to do with the gun, he replied that defendant 2 planned to sell it and said that he had someone to buy it, and that at first he wanted to take the car as well, but because he didn't have the code and they burned it, it didn't work out (ibid., at paras. 129-131).

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