כ' אלול התשפ"ד
23.09.2024

"Mother has suffered enough, including her health"

Attorneys' of the Starving Mother, celebrating a victory over the prosecution, after the judge dismissed the claim on whether to impose a year of prison

"Mother has suffered enough, including her health"
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The court sentenced today (Wednesday) the judgment for the Starving Mother, and rejected the prosecution's demand to impose a year of prison.

Recall, on 14th Av תשס"ט the defendant was indicted following many offenses of child abuse by the charge. List of prosecution witnesses included no less than -161 witnesses. Hearing of the case was referred to Judge Y. Shapiro. The evidence was rejected from time to time, in part due to the fact that the defendant gave birth to her sixth child.

On 29th Iyar תש"ע the parties announced to the Honorable Judge Y. Shapiro that reached a plea bargain in which the defendant returned to his denial, filed an amended indictment, the defendant admitted the amended indictment and was convicted.

The prosecution claims that the court has not received a recent report about the condition of Ch. and that the defendant breached the plea agreement by not acting on certain conditions in the arrangement. The children were not treated continuously and the defendant is not persistent in their treatment. In addition it is argued that the defendant did not come to all the treatments.
However, at the end of the report, and despite the difficulty in assessing the situation of minors, he returned to the probation service and noted that the defendant does not currently constitute a risk factor for children that have to end the legal process by subjecting the defendant to the test my supervision for a year and probation significant provision limits of behavior.

"Despite the severity of the offenses for which defendant was convicted," ruled Judge Amnon Cohen, "It seems to me that the passage of so much time, and taking into account the change of circumstances, especially in light of the stringency medical condition of the accused and the fact that she is a mother to 8 children, the youngest of who is about a month, it would not be right to impose today a sentence on the defendant to prison.
"The fact that welfare authorities have agreed to return the children to the accused after reaching the conclusion that the defendant is not a risk to her children, speaks for itself. I also took into account that, because the defendant admitted the crimes attributed to her, saved judicial time consuming and was in custody just 11 days after then she was full house arrest for more than 3 years. "

"I was impressed that since the case was, the Haredi community in Jerusalem, "wrapped" the family, and did everything she could to help in rebuilding the family. Also the fact that the welfare authorities have agreed to return the children to the accused after reaching the conclusion that the defendant is not a risk to her children speaks for itself. "

Accordingly Honorable Judge Amnon Cohen received the recommendation of the probation service and ordered the defendant to probation, "I accept the recommendation of the probation service and charges the accused of probation, however, the defendant did not incur this penalty unless you switch within a period of three years from the offense of child abuse by a responsible and convicted her, "the judge ruled.
"Also, I put the defendant under the supervision of the probation service for two years. Understandable that if you upload a picture of regression and suspicion from risk of children reports it to the court and will be considered expropriation of probation order and an alternative punishment."

" Great victory to the defense team," said the mother's attorneys, Yehuda Fried and Tal Gabay, to B'Chadrei Charedim. "The court did not accept the position of the prosecution, and imposed a sentence of probation, and we think she has suffered enough with her health situation."

The Starving Mother, will be ordered a test, which does not impose a penalty on the defendant, and is placed on probation, during which the probation officer oversees the defendant and assists in her reconstruction, and cooperation with welfare authorities, but not to punish with actual performance.

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