http://www3.haaretz.co.il/eng/scripts/article.asp?id=42835&mador=1
Ha'aretz, March 22, 1999
Court won't reconsider its decision on Sheinbein
By Moshe Reinfeld
A murder indictment will be filed today in the
Tel Aviv District Court against Samuel Sheinbein,
the 18-year-old American accused of a grisly
murder in Maryland in 1997.
A five-justice Supreme Court panel ruled in a 3-2
decision on February 25 that Sheinbein, as an
Israeli citizen, could not be extradited.
Yesterday, the deputy president of the Supreme
Court, Justice Shlomo Levin, rejected an appeal
by Attorney General Elyakim Rubinstein for an
additional hearing on the extradition issue
before an expanded panel of justices.
Rubinstein argued that Israel's principle of not
extraditing its citizens is intended to prevent
Israelis from standing trial in countries with
which they have no connection. This is not the
case with Sheinbein, who was born and raised in
the United States. The attorney general also
noted that Israel's failure to turn Sheinbein
over to the U.S. constitutes a violation of the
extradition treaty between the two countries.
In rejecting the appeal, Justice Levin noted that
an expanded panel of five justices had already
heard the matter and that the Supreme Court had
established a precedent of only reconsidering its
own rulings in "the most exceptional of
exceptional circumstances"
Justice Levin also added that proposed
legislation to amend Israel's extradition laws
might very well change the basis of the Sheinbein
decision. This is another reason not to hold
another hearing on his extradition at this point,
he concluded.
Sheinbein fled to Israel three days after the
burned and mutilated corpse of 19-year-old
Alfredo Enrique Tello was found in September of
1997. He had never visited Israel previously, but
his father, Sol, holds an Israeli passport.
The February 25 decision to keep Sheinbein in
Israel infuriated the victim's family and drew
criticism from U.S. officials, including Attorney
General Janet Reno.
In his appeal, Rubinstein said Israel's laws
facilitate citizenship for Jews in order to bring
about "the return of Jews to their historic
homeland and to build and be redeemed by it - not
to establish a shelter for criminals."
Sheinbein may plead diminished mental capacity,
an option not available in Maryland.
(c) copyright 1999 Ha'aretz. All Rights Reserved
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