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Serious Crimes Case (Tel Aviv) 14098-08-22 State of Israel v. Ashbir Tarkin - part 78

September 9, 2025
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The shipment bag contained 12 bullet remains of a mixture of modern Western ammunition, one of which was aluminum.  The prosecution expert clarified that modern Western ammunition sometimes contains aluminum and said that the remnant of the bullet containing aluminum could be explained as a "memory of gunfire" due to previous use in another incident.  Rosengarten claimed that according to the work file, two bullet remnants of an Eastern European mixture were found in the shipment bag.  Rosengarten did not substantiate this position, and in any case I did not see any reason to ignore the existence of 11 remnants of gunfire in the shipment bag that corresponded to the type of ammunition associated with the backpack found at the scene.

Although there is limited significance to the presence of one or two gunshot remains in a sample taken from the same exhibit, when it comes to a number of gunshot remains with the same composition of materials found in different exhibits, their inclusion intensifies the weight that must be attributed to the findings.  In this context, I accept the position of the prosecution expert and reject the position of the defense expert according to which the existence of isolated gunshot remains on the defendant's body and clothes constitutes a meaningless finding that should be ignored.  As stated, according to the position of the prosecution's expert, Dr.  Israelson, which I accept, it is not possible to ignore the combination and accumulation of gunshot remnants, even if they are solitary, on the defendant's body, clothes and belongings.

The examination of the remains of the gunfire in the samples taken from the defendant's body, clothes and belongings was done in a clean laboratory work environment, in a manner that rules out the possibility of contamination of the samples in the testing laboratory.  Dr.  Israelson clarified in this regard that inspection samples from the work environment in the laboratory were found to be free of remnants of gunfire.

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