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Serious Crimes Case (Beer Sheva) 63357-03-18 State of Israel – F.M.D. V. Assaf Masoud Suissa - part 60

February 15, 2021
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Later, after leading the investigators to the scene of the incident, he said that when they arrived at the scene, the deceased asked defendant 1 where the money was, and he replied that he would continue to look straight, and suddenly he took out a stone with a sock and hit the deceased on the head several times with it (ibid., at pp. 16, paras. 20-24).

At the end of the reconstruction, defendant 2 was taken near the deceased's house, identified the house and said that they had come there on Sunday to meet the deceased and inquire about the purchase of drugs, and on the same day defendant 1 also tried to break into the house.  According to him, defendant 1 "planned to break into the apartment, he tried to enter through the small window there upstairs, he tried to climb on a washing machine, he saw that it was locked, he didn't succeed, he tried through the door, he didn't succeed either, and through the big window, and he didn't succeed...  He then really tried to climb to climb one of the...  The houses to see if there is an entrance from above"; Defendant 2 pointed to a house under renovation that Defendant 1 climbed to see if there was an entrance from above, and then told him that there was no and they went back to his house; when he himself was with him, but "I don't suggest that he do anything, it was all his idea.  I didn't at all, I didn't want to break into his house.  I did not offer him any idea" (ibid., pp. 2-3, file 013 on CD).

In the interrogation following the reconstruction of March 4, 2018 at 16:43 (Statement P/14, CD P/14B, transcript P/14A), to the question of whether he saw Defendant 1 bring with him the sock with which he said he attacked the deceased, he replied: "I saw him bring the sock from the house, it was empty, there was nothing in it, I did not ask him why he brought the sock because I don't know why.  What does a sock have to do with it?" and when asked if he didn't think it was strange to bring a sock to a drug deal, he replied that he didn't ask or attach importance to it.  According to him, it was a white sock, and defendant 1 told him that he had lost it; When asked why he would tell him such a thing, he replied that after defendant 1 hit the deceased, he asked him where the sock was, and added, "I asked him if this sock was also related to me, that if he killed me as well, he told me I didn't know I lost it" (P/14 S. 30-46).

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