Tuesday, December 23, 2014
Nachlaot Case: Questions raised regarding conviction of Zalman Cohen
Guest Post
Was the Honorable Judge Amnon Cohen biased in the judgment of Zalman Cohen?
Recently, Zalman Cohen was convicted and sentenced to 9 years as one of the Nachlaot Pedophiles from the alleged "Nachlaot Pedophile Ring".
All of the material in this article is taken from either the Court Document of Zalman Cohen's verdict, or as a comparison, from the Court Document of Ben Tzion P. who was acquitted of all charges against him.
The verdict for Zalman Cohen was based entirely on the testimony of four minors who testified against him, along with their parents, the child investigators, and psychologists. There was no physical evidence of molestation (such as the presence of DNA or doctors' findings of physical damage to the bodies of the children). The type of evidence presented against him was quite similar in nature to what was presented against Ben Tzion. The children spoke in a way that seemed believable; that is, they did not appear to be intentionally lying. However, there were contradictions and impossibilities in the children's testimonies. The judges in Ben Tzion's case felt that this presented a doubt as to whether Ben Tzion ought to be convicted, and therefore acquitted him.
In the case of Zalman, the Honorable Judge Amnon Cohen explained away any problems with the children's testimonies as being due to their confusion since they must have been traumatized by experiencing the sexual molestation that had allegedly occurred.
The defense did not bring any personal eye witnesses in Zalman's favor. Zalman claimed that no one wanted to endanger themselves by testifying, but the judge dismissed that. (However, it is understandable that people would not want to get involved out of fear that they would also be accused of being members of the "Nachlaot Pedophile Ring".) The defense also brought two expert witnesses, who stated that children under pressure are likely to generate false memories that are indistinguishable from memories of actual events which transpired. The judge also dismissed the expert witnesses' statements about false memories.
The judge acknowledged that there had been some contamination of the children's testimonies in the Nachlaot Pedophile Case, and that there had been panic and gossip in the neighborhood, but decided that this did not invalidate the testimony of the four children who testified against Zalman in the case. The four minors who testified against Zalman were:
1. "Dalet", who also testified against Ben Tzion. She was the child who testified that the children undressed outside Ben Tzion's house. The judge decided that since she did not live in the neighborhood, but only came to visit her cousin, she would not have been exposed to the gossip. That is simply not true. She definitely heard the gossip from her cousins and relatives, regarding Zalman and others. Here is a quote regarding her testimony with regards to Zalman which appeared in the decision made by the judges in Ben Tzion's trial:
בתשובה לשאלות נוספות התבקשה לתת תיאור של זלמן שהיה בחדר ואמרה שהוא נראה חרדי מחופש. כאשר נשאלה מנין היא יודעת שהוא מחופש, אמרה: "אבא של בת דודה שלי אמר" (עמ' 18, שורה 29).
Was the Honorable Judge Amnon Cohen biased in the judgment of Zalman Cohen?
Recently, Zalman Cohen was convicted and sentenced to 9 years as one of the Nachlaot Pedophiles from the alleged "Nachlaot Pedophile Ring".
All of the material in this article is taken from either the Court Document of Zalman Cohen's verdict, or as a comparison, from the Court Document of Ben Tzion P. who was acquitted of all charges against him.
The verdict for Zalman Cohen was based entirely on the testimony of four minors who testified against him, along with their parents, the child investigators, and psychologists. There was no physical evidence of molestation (such as the presence of DNA or doctors' findings of physical damage to the bodies of the children). The type of evidence presented against him was quite similar in nature to what was presented against Ben Tzion. The children spoke in a way that seemed believable; that is, they did not appear to be intentionally lying. However, there were contradictions and impossibilities in the children's testimonies. The judges in Ben Tzion's case felt that this presented a doubt as to whether Ben Tzion ought to be convicted, and therefore acquitted him.
In the case of Zalman, the Honorable Judge Amnon Cohen explained away any problems with the children's testimonies as being due to their confusion since they must have been traumatized by experiencing the sexual molestation that had allegedly occurred.
The defense did not bring any personal eye witnesses in Zalman's favor. Zalman claimed that no one wanted to endanger themselves by testifying, but the judge dismissed that. (However, it is understandable that people would not want to get involved out of fear that they would also be accused of being members of the "Nachlaot Pedophile Ring".) The defense also brought two expert witnesses, who stated that children under pressure are likely to generate false memories that are indistinguishable from memories of actual events which transpired. The judge also dismissed the expert witnesses' statements about false memories.
The judge acknowledged that there had been some contamination of the children's testimonies in the Nachlaot Pedophile Case, and that there had been panic and gossip in the neighborhood, but decided that this did not invalidate the testimony of the four children who testified against Zalman in the case. The four minors who testified against Zalman were:
1. "Dalet", who also testified against Ben Tzion. She was the child who testified that the children undressed outside Ben Tzion's house. The judge decided that since she did not live in the neighborhood, but only came to visit her cousin, she would not have been exposed to the gossip. That is simply not true. She definitely heard the gossip from her cousins and relatives, regarding Zalman and others. Here is a quote regarding her testimony with regards to Zalman which appeared in the decision made by the judges in Ben Tzion's trial:
בתשובה לשאלות נוספות התבקשה לתת תיאור של זלמן שהיה בחדר ואמרה שהוא נראה חרדי מחופש. כאשר נשאלה מנין היא יודעת שהוא מחופש, אמרה: "אבא של בת דודה שלי אמר" (עמ' 18, שורה 29).
[Translation: In answer to additional questions, she was asked to give a description of Zalman who was in the room, and said that he looked like he was disguising himself as a Chareidi. When she was asked from where she knows that he
In contrast, in his statement regarding the conviction of Zalman, the Honorable Judge Amnon Cohen did not even mention the above statement.
"Dalet" also contradicted herself on the two occasions in which she was interrogated regarding Zalman. The first time she said he didn't do anything but just watched. The second time, she said he did participate to some extent. The judge, in point 37, dismissed the contradiction and stated that the fact that she contradicted herself increased her reliability as an witness.
The judge did mention the fact that "Dalet" was discussing the events with others in between the interrogation sessions by the child investigators (in point 46). Also, he mentioned how the mother of "Dalet" pressured her to say something about the possibility of being molested (in point 47). But in the end, in his point 48, he decided that the contamination of "Dalet's" testimony by these outside factors was not of any significance.
2. "Yud" was the second child who testified. He stated that he was forced to touch a girl's genitalia during an event when boys and girls were paired up. When asked what the girl's genitals were like, he said they were just like a boy's genitals. The expert child investigator expressed his opinion that at least this part of the boy's testimony represented an event which had not occurred. However, the judge decided to disagree with the expert child investigator's opinion in this instance, and stated that he believed the event must have really occurred but that since the child was so traumatized he didn't remember that a girl's parts are different from a boy's parts.
3. "Shin" was the third child who testified. The mother of Shin admitted to trying to force her child to say something for several hours, with such force that "Shin" ultimately had her eyes roll back and fainted. Subsequently, the mother took "Shin" to repeated therapy sessions in order to get her to talk about being molested. Although initially "Shin" denied being molested and said she didn't remember anything ever occurring, after the extreme pressure from her mother, and the repeated pressure from the therapist, "Shin" finally said that she "remembers". Rather than recognize that the mother was putting a strong amount of pressure on her child, which in and of itself was a traumatic experience which would be a strong inducement to generate a false memory, the judge felt that the child's fainting must be evidence that she had undergone sexual molestation by Zalman Cohen and others.
The judge's reasoning was that the mother and therapist didn't tell her what to say specifically, but just asked her to tell about being molested. Also the judge decided that because of the numerous details that "Shin" gave when she "remembered" the alleged molestation, it was unlikely that she had made it up. However, the research on false memory generation indicates that it is not necessary to ask specific questions in order to generate richly detailed false memories of events which did not occur in young children, and that the children actually believe the richly detailed stories that they tell. For example, some research was done in which it was suggested to children that they had experienced a number of events, some true and some false. One of the false events was the experience of having a finger caught in a mouse trap and having to go to the hospital to be treated for that. A number of children generated richly detailed storied about having their finger caught in a mouse trap even though the event had never occurred. (See the scientific research article: http://www.shoreline.edu/dchri s/psych209/Documents/Ceci% 20and%20Loftus.pdf)
"Shin" described in detail how she went from one apartment (Ben
Tzion's) to another apartment (Binyamin's) and then a third apartment
(Zalman's). The judge felt that the detail of how she went from one
house to the next was quite impressive. But almost every child in the
neighborhood would have been able to describe how to go to each of
those houses (regardless of whether they had been molested or not),
even if their parents had not taken them on a tour to see where they
were. And the parents did take the neighborhood children on tours to
ask them if they had been in those houses (as the judge mentioned at
several places in his statement). The neighborhood is quite small, and
gossips a lot. It would be amazing if there would be any resident of
the neighborhood, child or adult, who didn't know exactly where those
three individuals lived.
In addition "Shin" described in detail similar though not identical events that allegedly occurred in all three apartments. In all three apartments, there were similar details about watching a soccer movie, being in a bathtub, and the presence of a stick of some kind. (See point 112 in the judge's statement.) The events seem absurd and pointless. The judge stated that the reason for the similarity was that the three individuals, Ben Tzion, Binyamin, and Zalman acted together in most circumstances and that is why the events described are similar. However, nowhere did "Shin" say that all three men were present together at the time of watching the soccer movies, sitting in the bathtub, or during any of the alleged events. So I don't know how the judge arrived at that conclusion. Also, the judge made much of the fact that "Shin" did not say that Ben Tzion tried to sit on the stick "Eastern style", but instead used the stick to hit her, while the other two men sat on the stick. Therefore since the events she described were similar but not identical, they must be true, according to the judge.
4. "Mem" was the fourth child who testified. "Mem" stated that he was in Binyamin's house and that many of the other alleged pedophiles who were on the "list" were there, including Zalman. A movie was watched in which there was "Pritzut" (in English: "Immodesty"). One has to be knowledgeable about the Chareidi outlook to understand what "Immodesty" means to them. A movie with "Immodesty" would not necessarily mean a pornographic movie, but could simply be a movie in which girls were wearing short sleeved shirts and pants. Also, perhaps this is not common knowledge, but most Chareidim forbid the watching of any movies whatsoever, which makes it much more tempting for a child to want to go to someone else who has a computer where he can watch a movie for entertainment. I have no doubt that many Chareidi children whose parents forbid the watching of movies, probably do go to the houses of other people to watch movies.
"Mem" also acknowledged that there was extensive discussion of all the alleged pedophiles in the neighborhood, between himself and others.
The judge discounted the possibility that the panic and discussions in the neighborhood could have caused "Mem" to have a false memory. However, he didn't discuss at all the possibility that there could have been a real memory that was distorted. Perhaps at some time "Mem" did go to Binyamin's house, and watched a movie. But were all those other people (including Zalman) present? Did they undress?
The judge found support for "Mem's" testimony, from his mother's testimony. His mother said that "Mem" used to wet his bed up until the age of 12 years, and that after he gave his testimony, he was able to get over that problem. Therefore, the judge concluded that this proves he must have been molested and that giving his testimony made him feel better. However, there could be other explanations for why "Mem" got over his bed-wetting problem. Perhaps he simply matured and grew out of it.
In contrast, the judge also found support from the fact that after "Mem's" siblings testified, their mother stated that they seemed to get worse and develop more emotional problems than they had before. According to the judge, if a child's behavior and emotional state improved after giving testimony, that meant the child must have been molested. But if a child's behavior and emotional state got worse after giving testimony, that also meant the child must have been molested.
Although the Honorable Judge Amnon Cohen does not mention Ritual Abuse, he does mention the strange nature of the abuse as seen in the testimony of "Shin" but this does not seem to bother him. What is not seen in the Court Document of Zalman Cohen is what the parents claim occurred.
In order to understand the underlying point of view of the parents making the accusations against Zalman Cohen and the other alleged "Nachlaot Pedophile Ring" members, I think it is important to look at the lengthy documents which have been published by someone on the "rotter.net" website, under the pseudonym "Sheleg". In particular, the claim is made that the purpose of the "Nachlaot Pedophile Ring" was to perform ritual child abuse in order to convert the children to Christianity. The reason to understand the underlying point of view of the parents is to truly understand that either: 1) everything they say is true (including the claims of tunnels and secret rooms) and the Nachlaot Pedophile Ring really exists and the diabolical purpose of it all is to try to convert their children to Christianity, or 2) nothing they say is true at all and they are totally insane in their beliefs and outlooks, or 3) some of what they say is true, but their beliefs are mixed with a lot of crazy thoughts and one must be very careful before condemning anyone based on the testimony of these parents and their children.
What also needs to be looked at is not only the evidence presented regarding these four children who testified in the case against Zalman, but also the testimonies given by the other children which were not presented. These four children were among approximately 80 children that testified, and only these four were accepted by the child investigators. (In Ben Tzion's trial the judges requested to look at the testimony of the other children which the child investigators had rejected, in order to get a better overall picture of what actually happened.) The parents claim that all of these children were also molested, as well as others that did not testify. This supposedly went on for years. Nachlaot was one busy place and yet no one noticed.
In addition "Shin" described in detail similar though not identical events that allegedly occurred in all three apartments. In all three apartments, there were similar details about watching a soccer movie, being in a bathtub, and the presence of a stick of some kind. (See point 112 in the judge's statement.) The events seem absurd and pointless. The judge stated that the reason for the similarity was that the three individuals, Ben Tzion, Binyamin, and Zalman acted together in most circumstances and that is why the events described are similar. However, nowhere did "Shin" say that all three men were present together at the time of watching the soccer movies, sitting in the bathtub, or during any of the alleged events. So I don't know how the judge arrived at that conclusion. Also, the judge made much of the fact that "Shin" did not say that Ben Tzion tried to sit on the stick "Eastern style", but instead used the stick to hit her, while the other two men sat on the stick. Therefore since the events she described were similar but not identical, they must be true, according to the judge.
4. "Mem" was the fourth child who testified. "Mem" stated that he was in Binyamin's house and that many of the other alleged pedophiles who were on the "list" were there, including Zalman. A movie was watched in which there was "Pritzut" (in English: "Immodesty"). One has to be knowledgeable about the Chareidi outlook to understand what "Immodesty" means to them. A movie with "Immodesty" would not necessarily mean a pornographic movie, but could simply be a movie in which girls were wearing short sleeved shirts and pants. Also, perhaps this is not common knowledge, but most Chareidim forbid the watching of any movies whatsoever, which makes it much more tempting for a child to want to go to someone else who has a computer where he can watch a movie for entertainment. I have no doubt that many Chareidi children whose parents forbid the watching of movies, probably do go to the houses of other people to watch movies.
"Mem" also acknowledged that there was extensive discussion of all the alleged pedophiles in the neighborhood, between himself and others.
The judge discounted the possibility that the panic and discussions in the neighborhood could have caused "Mem" to have a false memory. However, he didn't discuss at all the possibility that there could have been a real memory that was distorted. Perhaps at some time "Mem" did go to Binyamin's house, and watched a movie. But were all those other people (including Zalman) present? Did they undress?
The judge found support for "Mem's" testimony, from his mother's testimony. His mother said that "Mem" used to wet his bed up until the age of 12 years, and that after he gave his testimony, he was able to get over that problem. Therefore, the judge concluded that this proves he must have been molested and that giving his testimony made him feel better. However, there could be other explanations for why "Mem" got over his bed-wetting problem. Perhaps he simply matured and grew out of it.
In contrast, the judge also found support from the fact that after "Mem's" siblings testified, their mother stated that they seemed to get worse and develop more emotional problems than they had before. According to the judge, if a child's behavior and emotional state improved after giving testimony, that meant the child must have been molested. But if a child's behavior and emotional state got worse after giving testimony, that also meant the child must have been molested.
Although the Honorable Judge Amnon Cohen does not mention Ritual Abuse, he does mention the strange nature of the abuse as seen in the testimony of "Shin" but this does not seem to bother him. What is not seen in the Court Document of Zalman Cohen is what the parents claim occurred.
In order to understand the underlying point of view of the parents making the accusations against Zalman Cohen and the other alleged "Nachlaot Pedophile Ring" members, I think it is important to look at the lengthy documents which have been published by someone on the "rotter.net" website, under the pseudonym "Sheleg". In particular, the claim is made that the purpose of the "Nachlaot Pedophile Ring" was to perform ritual child abuse in order to convert the children to Christianity. The reason to understand the underlying point of view of the parents is to truly understand that either: 1) everything they say is true (including the claims of tunnels and secret rooms) and the Nachlaot Pedophile Ring really exists and the diabolical purpose of it all is to try to convert their children to Christianity, or 2) nothing they say is true at all and they are totally insane in their beliefs and outlooks, or 3) some of what they say is true, but their beliefs are mixed with a lot of crazy thoughts and one must be very careful before condemning anyone based on the testimony of these parents and their children.
What also needs to be looked at is not only the evidence presented regarding these four children who testified in the case against Zalman, but also the testimonies given by the other children which were not presented. These four children were among approximately 80 children that testified, and only these four were accepted by the child investigators. (In Ben Tzion's trial the judges requested to look at the testimony of the other children which the child investigators had rejected, in order to get a better overall picture of what actually happened.) The parents claim that all of these children were also molested, as well as others that did not testify. This supposedly went on for years. Nachlaot was one busy place and yet no one noticed.
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