The defense's arguments in the case of Muhammad
The standard of evidence against Muhammad for the commission of the murder – In his oral summaries, counsel for Defendant 1, Attorney Neil Simon, argued that the burden of proof is on the prosecution to prove Muhammad's guilt, and that he obligates the prosecution to prove in his amendment that Muhammad committed his part in the murder as detailed in the indictment, beyond any reasonable doubt, since the defendants are charged under the laws of complicity in murder together with Muhammad. According to him, the burden of proof in Muhammad's case is no less than the burden imposed on the panel that heard the case in which an indictment was filed against him.
In his written summaries by Attorney Sadeh, the additional counsel for Defendant 1 (who joined the defense team after replacing Attorney Simon), Attorney Sadeh completed his defense arguments on the matter, noting that in paragraph 3 of the indictment, the accuser noted that "the decision to cause the death of the deceased was in Mohammed's heart" and in paragraph 5 it was noted that "Muhammad shared with Defendants 1 and 2, who are his relatives, his intention to cause the death of the deceased, and the three conspired between them to commit the murder of the deceased."
According to Attorney Sadeh, the accuser must establish with evidence that she did indeed make the decision to cause the death of the deceased in Muhammad's heart, and later that there was a conspiracy to commit the crime of murder, and that this offense alone. It was argued that the evidence shows that the accuser did not meet the burden and did not present a shred of evidence that she had made a decision in Muhammad's heart to cause the death of the deceased, and that it is based solely on the fact of the deceased's death and the fact that the deceased had harmed Muhammad in the past.
It was further argued that even if we were to assume that Muhammad killed the deceased, it could have been assumed, in the absence of other evidence, that he intended only to maim him and not to murder him.