By: Mark Newman
The second Bagatz hearing of Ellen and Mark Newman against the prosecutors in the Attorney General’s Office is coming up on September 23rd. The Israeli prosecutors continue to fight against justice when Americans are negligently killed and this must no longer be tolerated.
Why is the Israel Supreme Court giving any deference to the purported professional unbiased judgement of these blatantly biased prosecutors? It is as clear as day they are acting in the role of desperate defense attorneys for criminals and not criminal prosecutors for the State.
1-If the prosecutors never bothered to interrogate Mechinat Yeud’s Education Director Rabbi Naftali Rothstein, the driver of the evacuation vehicle, and their only response to the Israel Supreme Court’s show cause order in December 2018 is that interrogating Rothstein is too much trouble, doesn’t this reflect blatant unprofessional bias?
2-If the prosecutors never bothered to request the helicopter rescue report, doesn’t this reflect blatant unprofessional bias?
3-If the prosecutors never bothered to interrogate many people on the hike and not cross-interrogate anyone except Ettinger very briefly, doesn’t this reflect blatant unprofessional bias?
4-If Mechinat Yeud’s Rosh Yeshiva and Head of School, Rabbi Yaakov Shapira, admits he is the head of the school but isn’t responsible for anything, and the prosecutors accept this, isn’t that blatant unprofessional bias?
5-If Mechinat Yeud’s Program Director Joshua Ettinger, the hike leader, admits he didn’t tell the truth about his lack of any legally-required credentials and admits he didn’t comply with MASA’s one and only requirement regarding safety in hiking, and the prosecutors ignore this, isn’t that blatant unprofessional bias? Ettinger had complete knowledge and intent.
6-When the prosecutors ignore the Israel Ministry of Education’s own website on when and by whom it is safe for that specific hike to take place, isn’t that blatant unprofessional bias?
7—When the prosecutors ignore that Ettinger wrote in advance he is going to make the young men do the hike in 6 hours—which everyone knows should take 8-10 hours by intermediate to advanced hikers only and never in the summertime and never in the middle of the day (all according to the Israel Ministry of Education’s website)—and then they will climb Masada, isn’t that blatant unprofessional bias? Ettinger had complete knowledge and intent.
8-When the prosecutors ignore the Israel Ministry of Tourism official which said on the record to the police that specific hike at that time of the year at that time of day by rank beginners just off the airplane one week prior was completely unreasonable, isn’t that blatant unprofessional bias?
9—When the prosecutors ignore three written testimonies that Ariel Yitzchak a”h cried out for his life saying he had heat stroke, he felt like he was going to die, and he needed to go back immediately in the car, to which Ettinger told him: “no, keep going!”, isn’t that blatant unprofessional bias? [Note that two others on the hike testified that they had heard Ariel Yitzchak earlier on the hike complain he needed to stop and go back as it was too difficult. Not one single witness testified that Ariel Yitzhak couldn’t have said the above to Ettinger.]
10—When all ten items on Ariel’s Checklist—approved by Professor Yoram Epstein, Israel’s leading scientific authority on exertional heat stroke—were violated and the prosecutors ignore this, isn’t that blatant unprofessional bias? [The prosecutors and the police never once bothered to question any scientific expert on exertional heat stroke regarding this homicide caused by exertional heat stroke.] arielschecklist.com
Based on what logic or legal reasoning can any Court anywhere defer to the judgment of any such blatantly biased prosecutors?
If Israel is to be considered a country under the rule of law, then the prosecutors must enforce the law no matter who is the victim of negligent homicide. And if they are so biased that they can’t, then the Israel Supreme Court needs to remind them what their job is: Prosecute crimes and hold criminals accountable—even when the victim is an American 18-year-old teenager and only child.
Israelis and Americans need to read about this and act upon this information. Israel must be safe for all. Israel must be just for all.
Mark Newman is married to Ellen Newman and together were blessed with raising Ariel Yitzchak a”h for 18 years in Great Neck, NY to love Judaism and Israel. Mark has worked professionally for almost three decades in the US Federal government as a civil law enforcement officer.