Dr. Israelson clarified in her testimony, inter alia, as follows: "Identification of the remains of the shooting is a certain identification, if I had only one sample and there was only one or two particles in it I would disqualify it, we will report to the world even if there is one, even if there are two and if there are 2,000, here we have a combination of a number of different samples, each of which contains a little but there is significance to the fact that we are talking about a number of samples together and this sentence loses its meaning when it comes to a large number of samples." (p. 456 of the protégé).
Dr. Israelzon said that many studies that examined the probability of secondary transfer of gunshot remnants in police facilities, police cars and handcuffs showed that at most 5 remnants of gunfire were found in a police facility in an extreme case, and that the chance of a secondary crossing is 20% on average. According to her, the likelihood of secondary transfer of gunshot remnants to hair, hands and clothes, as in this case, requires a large amount of contamination in order for these gunshot remnants to reach all the exhibits in this way (p. 456 of the protégé).
Dr. Israelzon stated that according to a study conducted by the police's forensic laboratory (P/102), it was found that in order for a few remnants of gunfire to pass as found on the defendant's hair, hands, and clothes in a secondary transfer, it depends on the strength of the contact, the duration of the contact, the type of action and the degree of closeness. Thus, the likelihood of finding two remnants of a shooting on a person from the street is between a minimum of 10 times and a maximum of 100,000 times in favor of the prosecution's thesis (p. 458 of the prosecution). Dr. Israelzon noted that the defendant had three gunshot wounds found about 3.5 hours after the incident. According to the same study, a person who is not related to a shooting incident, but is arrested and transported in a Border Police car, has a chance of between 1 and 100 if sampled in the first hour, and between 100 and 100,000 if sampled more than an hour later (p. 459 of the protégé). In other words, it was reported that according to the professional literature (P/102), the presence of three remnants of a shooting at a suspect who completely distanced himself from a shooting incident shows that the prosecution's argument is 100-100,000 times stronger than the defense's claim.
Expert Opinion on behalf of the Defense - Mr. Avner Rosengarten
- On February 19, 2023, Mr. Avner Rosengarten, Director of the Institute of Forensic Science, conducted an expert opinion on behalf of the defense, in order to answer the question of whether, based on a forensic opinion on the subject of gunshot remnants, it is possible to link the defendant to the incident described in the indictment (P/5).
Rosengarten expressed his opinion that there was no evidence in the findings of the prosecution's opinion that could link the defendant to the shooting incident, because the necessary comparison was not made to establish the conclusion that the defendant was connected to the shooting incident.