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Serious Crimes Case (Tel Aviv) 14098-08-22 State of Israel v. Ashbir Tarkin - part 79

September 9, 2025
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With regard to the possibility of secondary transfer, i.e., the transfer of gunshot remains from the police officers, handcuffs, police vehicle or police facilities to the exhibits at the stage of being caught and transported to the police station until they are sampled, in the opinion of the two experts, this possibility is never ruled out.  Dr.  Israelzon stated in her testimony that according to her knowledge, based on many studies conducted on the probability of secondary transmission in such circumstances, the chance of secondary transmission of gunshot remains is 20%.  Rosengarten claimed that according to his knowledge of studies in the field, the chance of a secondary transition is 25%.  In her testimony, Dr.  Israelson clarified that the possibility of a secondary transfer, even if there are many remnants of gunfire, is not ruled out as an extreme situation.  However, the probability of secondary transfer of many gunshot remnants to the body, clothing and objects is low.

As a rule, the possibility of secondary transfer of gunshot remains cannot be ruled out, but at the same time, according to the testimony of Officer Cohen and the action report he compiled, it can be determined that the defendant's shirt and pants were seized during a search of his home while the policeman was wearing gloves on his hands and the clothes were packed in large envelopes, and in this way they were taken to the police station.  According to the testimony of Officer Sardes and the action report he compiled, it can be determined that the bicycle, the helmet and the delivery bag that were seized in the warehouse of the defendant's residence were transferred to a police vehicle while the officers were wearing gloves on their hands, but they were not packed or wrapped in any way that would have separated them from the place where they were placed in the police vehicle and subsequently at the police station, but the fact that no remnants of gunfire were found on the bicycle itself strengthens the conclusion that no secondary transfer of gunshot muscles was carried out on the road Transporting these exhibits from the warehouse to the police station.  It is reasonable to assume that the more polluted the vehicle was, the more it would have been expressed on the bicycle as well.  According to the testimony of Officer Balalo, it can be determined that the sample of the bicycle, the helmet and the delivery bag, as well as the defendant's sample were taken while wearing gloves and changing them between the various sampling operations, in a manner that reduces the likelihood of a secondary transfer.  Officer Bellalo used sample kits and placed the samples in designated sealed plastic boxes.  In this context, I will note that the defendant was asked in his testimony whether he was standing next to another person who fired the weapon that day, and he replied: "No, not that I know," while not ruling out the possibility that there was shooting in his vicinity and he did not notice (p.  565 of the protégé).

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