According to the statements of Mr. Ahed Abu Shuldom, the deceased's cousin, before the deceased was shot, he and the deceased discussed the exchange of the soda drink brought by the deceased with a "Coke" drink.
According to the accuser, the footage in the video that Muhammad watched was silent (see P/91) and in these circumstances, when Muhammad told the informant that the murdered person had spoken to the person in the car and asked him if he wanted to drink, he knew how to detail a well-known detail of a conversation about a drink, which he should not have known had he not committed the murder.
Counsel for defendants 2-3 argued in this matter that the interrogator Eyal Saban said in his testimony of October 29, 2020 (p. 43) that there was an interaction between the deceased and Ahed (the deceased's cousin who was present at the scene of the murder) related to a bottle of drink near the murder itself, and that at the time of the murder the deceased was holding a bottle of drinking. The problem is that, as it turned out, the investigators of the case, Saban and Zeitoun, confirm that in a video documenting the murder that was circulated on the Internet, the deceased is seen holding something in his hand, and there is no dispute that Muhammad was able to see the video on the Internet. Counsel for defendants 2-3 also argued that it is not possible to rule out the possibility that Muhammad saw in the video that the deceased was holding a bottle of drink, and that insofar as it can be identified that it was a bottle of drink, it is not necessarily something that was said about a certain individual, as the accuser believes.
The defense attorneys added in their summaries that interrogator Eyal Zeitun noted in his statements that it could not be seen that it was a soda bottle or as he said exactly: "No one saw that it was a soda bottle," but later on Investigator Zeitun confirms that "you can see something sparkling or something like that he is holding in his hand" (P. 9.11.2020, p. 133, paras. 1-6), and according to the defense attorney, it can be concluded from what he said that interrogator Zeitun also understood that it was a drinking bottle, but he could not say so. It was claimed that Mr. Zeitoun repeated the statement that it was a soda bottle since Muhammad told the informant that it was a bottle of soda, even though Investigator Saban believed that Muhammad's statement to the informant was about "drinking" in general and not about "a bottle of soda" in particular, and it follows that Investigator Zeitoun's assurance that it was a soda bottle is not strong enough, and it can even be said that it was not a soda at all. According to counsel for defendants 2 and 3, the video that was uploaded to the Internet does not contain audio and the question is whether it can be seen that the deceased's grip on a bottle of drink remains open, and in practice, if the deceased can be identified holding a bottle of drink, it is not a masked individual.