Friday, November 2, 2018

Back in action: Catch-up. (5): Roman Zadorov: Israel. (False confession case); Major development: A lawyer for an Israeli man convicted of murdering a 13-year-old girl more than a decade ago called Thursday for a retrial after a hair found on the victim’s body was determined not to belong to his client. Roman Zadorov, a Ukrainian-Israeli handyman, is serving a life sentence for the brutal 2006 murder of Tair Rada, who was found dead in a bathroom stall in her Katzrin school in the Golan Heights, with slashes to her neck, stab wounds across her body, and severe blows to her head. But his lawyers, along with thousands of vocal members of the public, insist that Zadorov was framed for an act he didn’t commit and that the real murderer was a woman whose name is gagged by a court order and who suffers from mental illness."


PASSAGE OF THE DAY: "Following a DNA analysis by investigators, the Abu Kabir Forensic Institute announced Thursday that the hair matched that of the former boyfriend of the woman, reigniting speculation on who committed the killing and whether Zadorov could be given a retrial. The ex-boyfriend, whose name is also under gag order, has been referred to in Hebrew media reports by the initials A.H., while the woman has been named as O.K. “This is decisive evidence in the sense that it must lead to a retrial and the acquittal of Zadorov,” his lawyer, Yoram Halevi, said in a press conference broadcast live on Israel’s prime-time TV news programs."

STORY: "DNA test raises fresh speculation in grisly murder case.  Lawyer for man convicted of murdering Tair Rada demands retrial after hair found on body determined to match ex-boyfriend of another woman linked to killing," by Times of Israel staff, published on October 25, 2018.
GIST: "A lawyer for an Israeli man convicted of murdering a 13-year-old girl more than a decade ago called Thursday for a retrial after a hair found on the victim’s body was determined not to belong to his client. Roman Zadorov, a Ukrainian-Israeli handyman, is serving a life sentence for the brutal 2006 murder of Tair Rada, who was found dead in a bathroom stall in her Katzrin school in the Golan Heights, with slashes to her neck, stab wounds across her body, and severe blows to her head.
But his lawyers, along with thousands of vocal members of the public, insist that Zadorov was framed for an act he didn’t commit and that the real murderer was a woman whose name is gagged by a court order and who suffers from mental illness. Following a DNA analysis by investigators, the Abu Kabir Forensic Institute announced Thursday that the hair matched that of the former boyfriend of the woman, reigniting speculation on who committed the killing and whether Zadorov could be given a retrial. The ex-boyfriend, whose name is also under gag order, has been referred to in Hebrew media reports by the initials A.H., while the woman has been named as O.K. “This is decisive evidence in the sense that it must lead to a retrial and the acquittal of Zadorov,” his lawyer, Yoram Halevi, said in a press conference broadcast live on Israel’s prime-time TV news programs. Prosecutors, however, were quoted by Hebrew media as downplaying the significance of the DNA findings and saying they did not conclusively prove the hair belonged to A.H., who claims O.K. confessed to him that she had carried out the murder while wearing his clothes. The development came just days after the Yedioth Ahronoth daily reported that a witness arrived Sunday at a police station in Nazareth Illit to testify that O.K. had confessed to her that she had killed Rada. O.K. is now claimed to have told three people that she committed the murder. The report also cited a document written by a psychiatrist who spoke with O.K. in 2014, in which she said she had a strong drive to kill someone. She said she was containing that urge, but only barely, and that she had purchased a knife and gloves with the intention of killing her neighbor. The psychiatrist had immediately sent her for involuntary commitment in a psychiatric hospital for evaluation. Shortly after the murder, Zadorov, who worked as a maintenance man at the school at the time, was arrested and charged with the killing. Two weeks after his arrest, police announced Zadorov had confessed to Rada’s murder and reenacted the attack for investigators. But a day later, Zadorov’s defense attorney announced that his client had recanted, claiming his confession and reenactment were coerced and included incorrect information.  In 2010, nearly four years after he was arrested, the Nazareth District Court sentenced him to life in prison. In 2015, the Supreme Court upheld Zadorov’s conviction in a split 2-1 decision. The dissenting opinion came from Justice Yoram Danziger, who said there was sufficient reasonable doubt to exonerate Zadorov. Zadorov’s appeals against that ruling were rejected, with Supreme Court President Miriam Naor saying that despite the substantial public interest in the case, there was no “legal justification” to retry Zadorov. The state attorney’s office and the Justice Ministry said in a statement that all the evidence against O.K. had been thoroughly checked and found to be unreliable. “The truthfulness of her version about her involvement in the murder was ruled out, but it was also ruled that there is no way to rule out the possibility that she had told various parties that she is the murderer as a result of a mental illness from which she suffers. To this day, there has been no new evidence verifying her remarks,” the statement said. Her lawyers, Daniel Haklai and Tomer Schwartz, said police had “carefully examined” and refuted the suspicions against her, and that she was dealing with her schizophrenia in an “inspiring” manner. Much of the public debate over Zadorov’s conviction focused on the type of knife used — the murder weapon was never recovered — and a bloody footprint found on Rada’s jeans. In his confession, Zadorov said he attacked Rada with a box cutter, which has a smooth blade, whereas a forensic expert testified that wounds on the victim’s chin were caused by a serrated knife."

The entire story can be read at:
 https://www.timesofisrael.com/dna-test-raises-fresh-speculation-in-grisly-murder-case/

Read Jerusalem Post story 'Grapevine: The true pursuit of justice' by Greer Fay Cashman  at the link below: (October 30, 2018);  "The case against Roman Zadorov, who in 2006 was convicted of killing schoolgirl Tair Rada and has spent the past 12 years in prison, has again leapt into the headlines of the Israeli media as new forensic tests suggest that Zadorov’s conviction is a miscarriage of justice. Before and during his trial, there were many questionable issues, and several people – including forensic experts and the dead girl’s mother – did not believe that Zadorov was guilty. The case brings to mind that of the late Amos Baranes, who like Zadorov confessed under duress to having committed murder and later retracted his confession. Although Baranes also spent a long period in prison for allegedly killing a girl soldier, he was lucky because Haim Cohn, the judge who sentenced him, later had doubts after receiving information from Ezra Goldberg, a retired policeman, who was convinced that Baranes was innocent. Cohn was a man of outstanding integrity. He visited Baranes in prison, researched all the details of the case again, and reached the conclusion that Baranes was not guilty. Cohn proposed that Baranes ask for a presidential pardon, but Baranes refused, saying that to do so would be tantamount to admitting to a crime that he did not commit. So Cohn asked then-president Chaim Herzog to pardon Baranes, and Herzog, a lawyer by profession, acceded to the request. Following his release, Baranes was given a new trial, after having been refused three times. Eventually justice Dalia Dorner agreed to his request. Cohn died a month later, but not before thanking Dorner for helping to put right an injustice. Baranes was subsequently acquitted. Coincidence is a strange thing. The new evidence that has come to light thanks to modern technology should be enough to enable Zadorov to receive a new trial. But the State Prosecutor’s Office is so far disinclined to move in that direction. Time-wise, the Zadorov issue surfaced in the same month as two major legal conferences and an appointment ceremony for new rabbinic court judges. In addition, retired Supreme Court justice Prof. Yoram Danziger, who wrote the minority opinion in the case against Zadorov, and who called for an acquittal, said in an address to the Friends of Tel Aviv University that the new DNA findings point to sufficient reasonable doubt to warrant a retrial. At all of the above events and at the appointment ceremonies of civil court and military court judges earlier in the year, speakers emphasized the need to pursue justice without fear or favor, and to respect the dignity of all those who come before the courts."
https://www.jpost.com//Israel-News/Grapevine-The-true-pursuit-of-justice-570715

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher; The Charles Smith Blog;