Saturday, April 23, 2022

Roman Zadorov: Israel: Ongoing retrial: "Have I ever asked you to change a report?"...Accusations fly as forensic experts are at the heart of a row in an Israeli teen's murder retrial, Haaretz (Rporters Adi Hashmonai and Chen Maanit) reports..."In his testimony two weeks ago, Kugel responded to the prosecution’s claim that his testimony on Zadorov’s behalf involved him in a conflict of interest. “When I testified for the prosecution, they never had any complaints,” he said. “If the prosecution asks the court to believe me in dozens of cases in which I testify for their side, how can it challenge my integrity now? Are they saying that when I testify for them, I tell the truth, and when I testify for the defense, I’m suddenly a liar?” Prosecutor Sharon Har-Zion told Kugel that “in a number of testimonies you gave it appears that you have no problem hiding information.” She added that in cases in which Kugel was a defense witness, his testimony included “distortion and concealment of information.” Kugel denied this, telling Har-Zion, “It’s usually you who asks me to change a report.” She answered, “Have I ever asked you to change a report?” Kugel replied, “I don’t know, I don’t know you, and it’s better that way. But I have been asked to change reports in the past.”



BACKGROUND: ""Tair Rada was murdered inside a bathroom stall at the Nofei Golan School in Katzrin on December 6, 2006. Almost three years later, the Nazareth District Court convicted Roman Zadorov, a foreign citizen and resident of Katzrin, of murdering the girl. The verdict ignored a dense fabric of defense evidence that led to his conviction. Since then, however, the affair has continued to occupy the media and public opinion. Despite the firm verdict - the justice system has discussed it several more times and left the conviction intact. Zadorov, who worked in flooring at Rada's school, was arrested a few days after the murder, confessed to the murder and even reenacted it. He then retracted his confession, and as the trial progressed the defense was able to raise doubts among the public that Zadorov was indeed the killer. Subsequently, the defense presented two new opinions regarding the type of knife with which Rada was murdered as well as the marks that were on her pants. The district court reviewed the opinion, and decided at the end of the day to uphold the conviction. However, Zadorov's defense team appealed to the Supreme Court again and this time Zadorov was again convicted of murder - but only by a majority opinion. Justices Yitzhak Amit and Zvi Zilbertal convicted the defendant, while Judge Yoram Danziger acquitted him out of doubt. A year ago, Zadorov filed another appeal to the Supreme Court. About two months ago, Chief Justice Hanan Meltzer ruled that Zadorov should have a retrial."......(Jerusalem Post: Reporter Eli Ashkenazi; August 26, 2021.)...... "A blow to the prosecution in the Zadorov trial? “It is impossible to determine the size of the shoe by the imprint on the jeans of the late Tair Rada,” retired Chief of Staff Yaron Shur, a shoe imprint expert for the Israel Police, said today (Tuesday) in his testimony in the Nazareth District Court.  testimony was received that the imprint of Zadorov's salamander shoe on Rada's pants was found in the arena. However, during the appeals in the Supreme Cour, doubts arose as to the reliability of the shoe imprint." Time News report: December 21, 2021.

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STORY: "Forensic experts at heart of row in Israeli teen's murder retrial," by Reporters Adi Hashmonai and Can Maanit, published by  Haaretz, on April 17, 2022.


SUB-HEADING: "Roman Zadorov was convicted of killing 13-year-old girl at her school in the Golan Heights in 2006. The Supreme Court ordered a retrial last year in light of new evidence presented by his attorney


Prosecutors in a high-profile murder retrial have recently assailed the director of the Forensic Medicine Institute, but consulted the director’s predecessor and rival both before and during the hearings.


Roman Zadorov was convicted of killing 13-year-old Tair Rada at her school in the Golan Heights town of Katzrin in 2006. The Supreme Court ordered a retrial last year in light of new evidence presented by his attorney.


Prosecutors consulted Prof. Yehuda Hiss shortly before his successor, Dr. Chen Kugel, began testifying two weeks ago. During cross-examination, prosecutor Sharon Har-Zion accused Kugel of testifying on behalf of the defense as part of his personal war with Hiss.


Kugel was Hiss’ chief critic during the latter’s tenure as the institute’s chief pathologist, a role in which Kugel also later replaced him.


Hiss headed the institute from 1998 to 2004, and then served as its chief pathologist. Zadorov’s original conviction was due in part to an opinion submitted by a forensic pathologist working under Hiss.


In 2012, Hiss was ousted as chief pathologist due to the discovery that tissue and organs removed from bodies during autopsies were being kept for research and teaching purposes without consent having been obtained either from the dead while they were still alive or from their families after their deaths. Police opened an investigation into the issue, but that case was closed.


Hiss was put on disciplinary trial and reprimanded, but he has continued supplying forensic opinions to the prosecution since then.


The prosecution said that “due to the unique situation in this case, in which the head of the Forensic Medicine Institute is serving as an expert witness for the defense, the prosecution asked Prof. Hiss before the evidentiary hearings in the case began to provide the names of well-known forensic medicine experts so the prosecution could provide the court with its own opinion.


“After that, shortly before Dr. Kugel’s testimony, the defense submitted a supplementary opinion covering several new issues, which the prosecution had to address on very short notice,” its statement continued. “At this stage, the prosecution held a focused professional consultation with Prof. Hiss, who is an expert in the field with an international reputation.


“The relationship between Prof. Hiss and Dr. Kugel doesn’t interest the prosecution and isn’t relevant to this issue,” it concluded.


In his testimony two weeks ago, Kugel responded to the prosecution’s claim that his testimony on Zadorov’s behalf involved him in a conflict of interest.


“When I testified for the prosecution, they never had any complaints,” he said. “If the prosecution asks the court to believe me in dozens of cases in which I testify for their side, how can it challenge my integrity now? Are they saying that when I testify for them, I tell the truth, and when I testify for the defense, I’m suddenly a liar?”


Prosecutor Sharon Har-Zion told Kugel that “in a number of testimonies you gave it appears that you have no problem hiding information.” She added that in cases in which Kugel was a defense witness, his testimony included “distortion and concealment of information.”


Kugel denied this, telling Har-Zion, “It’s usually you who asks me to change a report.” She answered, “Have I ever asked you to change a report?” Kugel replied, “I don’t know, I don’t know you, and it’s better that way. But I have been asked to change reports in the past.”


The entire story can be read at:


https://www.haaretz.com/israel-news/.premium-forensic-experts-at-heart-of-row-in-israeli-teen-s-murder-retrial-1.10747618

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;



SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:




FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;

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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;