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Friday September 11, 1998

Israel can extradite teen murder-suspect, judge rules

BATSHEVA TSUR
Jerusalem Post Service

JERUSALEM -- A teenager suspected of a brutal murder in Maryland last fall can be extradited to the United States even though he holds Israeli citizenship, an Israeli district court ruled Sunday.

Judge Moshe Ravid accepted Samuel Sheinbein's claim to citizenship but ruled that the teenager could not escape extradition since he had no close ties with Israel.

As Sheinbein listened to the ruling Sunday, he maintained the same expressionless look he had worn in previous court sessions. His mother wiped away her tears as the ruling was read.

The teenager isn't likely to be extradited in the near future. The Jerusalem District Court gave the defense 50 days to appeal the decision. If brought before the Israeli Supreme Court, the case could drag on for months.

Sheinbein's attorney, David Liba'i, who has been battling to keep the teen in Israel on the grounds that he is an Israeli citizen, said he would appeal within a month.

Israeli citizens generally cannot be extradited for crimes committed abroad.

Sheinbein fled to Israel in September 1997, a few days after the mutilated body of 19-year-old Alfredo Tello was discovered in a vacant lot near his parents' home. Sheinbein was 17 at the time of the murder.

The second suspect in the murder, Aaron Needle, hanged himself in April, one day before his trial was scheduled to begin.

Sheinbein received his citizenship from his father, who was born here before the state was established.

In his 56-page ruling, Ravid noted the youth had a U.S. passport "and used it when he came to Israel...He has no ties with this country.

"If he has no duties towards Israel and reminds himself of his Israeli citizenship only when the sword of justice hangs over him, why should he benefit from Israel's protection?"

But Liba'i disagreed.

"One cannot be an Israeli citizen only with respect to certain laws and not with respect to others. This is a legal innovation. There cannot be different types of Israeli citizens," he said.

The youth's family is eager to have him tried in Israel, where murder committed by minors is punished less severely than in the United States. They also say they fear for his life in an American jail.

Attorney Irit Kahn, who represented the state, was satisfied with the verdict. The youth had never invoked his Israeli citizenship before the murder, she said.

"Israel cannot become a haven for criminals," she said.

U.S. Embassy officials also expressed satisfaction, saying they hoped the extradition would not be held up long.

Sheinbein's father, a patent lawyer now in Israel, is also wanted by U.S. authorities for allegedly driving the youth to the airport when he fled to Israel.

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