Caselaw

Serious Crimes Case (Center) 16924-10-22 State of Israel v. Iman Musrati - part 129

January 21, 2026
Print

These explanations provide an answer to another question that arose in the defense's summaries, regarding the operation of a step counting program in a 401 subscription.  In the defense summaries, paragraphs 95-99 describe that from the data of the health app when the iPhone was discharged, it is possible to find documentation of 144 steps at 1:11 p.m.  on the day of the murder, 84 steps at 1:39 p.m., and an additional 178 steps at 1:49 p.m.  The argument based on this is that since this is a telephone that is in the exclusive use of the defendant, and since there is no dispute that the device was in the family compound throughout the morning, the necessary conclusion is that the defendant was already in the compound at 1:11 p.m.  and left with the phone in his possession.  To this, it must be answered, first, that using a phone and carrying the phone on the body are different from each other, since in order to carry the phone, as opposed to opening it and using it for a conversation or browsing, it is not required to know the password.  In other words, the fact that a person walked with the phone with him does not necessarily indicate that it was the defendant, the owner and sole user of the phone, who carried it.  Moreover, and this is the main thing, as has just been explained, as long as the defendant did get out of the Mitsubishi on the edge of Route 44 to the south, near the family compound, at about 1:02 p.m., and returned to the compound on foot, there is no difficulty and no wonder as to the possibility that at 13:11 he already had a 401 subscriber and carried it on his body while walking around the family compound.  This is, as is evident from the other order N/24, at a very short distance that there is no difficulty in crossing it in a much shorter period of time than these nine minutes.

Finally, the defense argues that unlike the other people involved, no forensic evidence of the defendant was found in the Mitsubishi, and that this figure raises doubt regarding his presence in the vehicle.  The evidentiary testimony, in this context, consists of documents prepared by the mobile laboratory officer, Commander Nadav Hammer, his testimony in court, and the biological opinion of Dr.  Michal Sheinfeld of the National Center for Forensic Medicine.  Commander Hammer inspected the Mitsubishi on the afternoon of 30 August 2022 at the police parking lot in Glilot, and took separate biological samples from the license plates, the driver's cab, the steering wheel and the multimedia system, the gear lever and the brakes, the front passenger compartment, the rear passenger compartments on the left and right, as well as a bottle cap found in the rear of the vehicle and the fuel tank cap [P/19 - Vehicle inspection report, P/21 - Exhibit seizure report].

Previous part1...128129
130...165Next part