The defendant, in many cases, answered questions without thinking for a moment whether his answer was logical (for example, after denying that he was running in the street, and then retracting his statement and confirming that he was running in the street, the defendant was asked why he was actually running? and he replied, "I want to run"); The defendant personally attacked the plaintiff, especially when he did not have an answer to the questions that were hurled at him (for example, to the question - did you lean over him and stab him? he replied, "You have the face of a bad woman", and beyond that, he called you a "liar" on some of the occasions when he got into trouble with his answers); the defendant often answered with vague answers that did not have any substance (thus, he responded to the simultaneous stabbing that the technician saw and the neighbor's shouts, "I don't know what you're talking about"); The defendant also gave dismissive answers, without thinking about their meaning (such as "Why did Yoram shout at you to stop?" "I know what he sees? ... What films?"); and in general, the defendant was unable to elaborate on the merits of the act, without being able to explain why he was unable to elaborate.
Such an unequivocal negative impression, during testimony, is quite rare.
Great cruelty and special cruelty
The defendant murdered the deceased intentionally.
The murder was shocking, and was carried out with great cruelty. About 120 stab wounds were found on the deceased's body, most of them relatively superficial, and dry bruises. In any case, the deceased suffered a great deal during the incident, repeated pain, blow after blow, stab after stab. Before he lost consciousness, Ben realized that his life was a tool, and even told the teams that came to him, in his last breaths.
The cruelty is indeed great.
The prosecution is of the opinion that the cruelty is so great that it amounts to "special cruelty", and thus the aggravating circumstance stated in section 301A(a)(7) ofthe Penal Law, which requires a conviction for the offense of "murder under aggravated circumstances".