Sheinbein Fears He Would be Killed in a U.S. Prison -- 03/22/1999

Sheinbein Fears He Would be Killed in a U.S. Prison

22 March, 1999

By Patrick Goodenough
CNS Jerusalem Bureau Chief

JERUSALEM - (CNS) -- Samuel Sheinbein, the American teenager wanted for a gruesome Maryland murder, appeared briefly in a Tel Aviv court Monday, a day after Israel's Supreme Court rejected a request by the country's legal authorities to review its earlier decision not to extradite him to the U.S.

Sheinbein, 18, was charged with the premeditated murder of 19-year-old Alfred Tello, whose dismembered body was found in a vacant Montgomery County garage in September 1997.

Prosecutor Hadassah Naor said he could face life imprisonment if convicted.

Sheinbein's lawyer, David Liba'i, told CNS after the appearance it was too early to say how he would plead, but he would study the evidence before making a decision.

Liba'i has hinted in the past he may plead diminished mental capacity, an option not available in Maryland.

Sheinbein fled to Israel days after Tello's body was found, and fought a U.S. extradition request by claiming Israeli citizenship on the strength of his father's birth in pre-state Israel. Israeli law forbids the extradition of citizens, although they may be tried and imprisoned here for crimes committed abroad.

Liba'i rejected suggestions that his client fought extradition because he felt he would not get a fair trial in the U.S.

"The issue is, he is afraid that in Maryland, he will be killed in prison. Maybe he's right, maybe wrong, but he's fully convinced."

His family had supported his fight against extradition because they were concerned Sheinbein would attempt suicide if returned to the U.S., he told CNS.

Liba'i recalled that an alleged accomplice in the killing, 18-year-old Aaron Benjamin Needle, hanged himself in his cell in April 1998 just days before his trial was scheduled to begin.

Sheinbein himself had been hospitalized in Tel Aviv when he tried to take his life after his brother had arrived from the U.S. to urge him to return to face trial, Liba'i added.

Sheinbein will remain in custody at his attorney's request pending his next appearance.

In a decision which upset the Israeli and U.S. authorities, Israel's Supreme Court ruled late last month that Sheinbein was eligible for Israeli citizenship and thus could not be sent back to face trial.

Several days later, Attorney-General Elyakim Rubinstein appealed to the Supreme Court to hold another hearing before a larger panel of judges.

He argued that Israel's citizenship laws were not intended "to establish a shelter for
criminals," and noted the serious ramifications of the case on Israel's relations with other countries.

But Supreme Court deputy president Shlomo Levin turned down Rubinstein's appeal yesterday, saying the Supreme Court president or deputy may grant such a request only in "the most exceptional of exceptional circumstances" – if the contested ruling contradicted a previous Supreme Court ruling, or if "the importance, innovativeness, or problematic elements of the ruling justify another hearing."

The court has only once in its 50-year history agreed to reconsider a ruling.

Liba'i agreed this morning that the court had merely upheld a contentious law, which is currently under parliamentary review.

He said Israeli and American legal authorities should consult to ensure that the amendment being considered – which would allow citizens to stand trial abroad, but serve jail terms in Israel – would be agreeable to both countries.

The court decision not to extradite Sheinbein drew fire from U.S. officials, including Attorney-General Janet Reno.

"We were disappointed. We're still disappointed," a spokesman at the U.S. Embassy in Tel Aviv, Larry Schwartz, told CNS Monday.

He said U.S. Justice Department officials had indicated they would be working closely with their Israeli counterparts "to see that Sheinbein is prosecuted".

Earlier this month relatives of the victim, participating in a protest demonstration outside the Israeli Embassy in Washington, called on the U.S. government to withdraw its ambassador to Israel until Sheinbein was sent back to face trial.

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