Azaria appeals 'unfounded conviction' with new attorney

IDF soldier Elor Azaria, who was convicted of manslaughter for killing an incapacitated terrorist in Hebron last March and sentenced to 18 months in prison, filed an appeal at the Military Court of Appeals on Wednesday.

At the same time, his defense attorneys, Ilan Katz and Eyal Besserglick, announced that they would not be representing him in the appeal process. The pair of lawyers reportedly had a dispute with the newest member of Azaria's defense team, attorney Yoram Sheftel.

The appeal stated that it had been written "with the very blood of the three attorneys of the appellant," adding the move was supported by "80% of the nation living in Zion, which desires the appellant's release."

At a press conference in Tel Aviv on Wednesday, Azaria's father, Charlie Azaria, said that the appeal was "the struggle of every parent." He added that "the court that convicted my son was mistaken. I will fight to the end, until his innocence comes to light ... A year-and-a-half is a lenient punishment for someone who committed a crime -- but even one day is a harsh punishment for someone who did not. We will take this to the Supreme Court if necessary."

Also at the press conference, Sheftel lashed out at Chief Military Advocate General Brig. Gen. Sharon Afek, claiming that he extorted the two defense lawyers who resigned from the case. "What led to that dramatic change in the attorneys' stance was a meeting they scheduled with the military advocate general this past Sunday, wherein they were told, 'If you do not file an appeal, the military prosecution also will not file an appeal,'" he said. "This is a scandalous statement that in a certain way borders on extortion with threats -- not from a criminal perspective, but from a moral perspective."

Sheftel further claimed that the military police intimidated the witnesses in the trial.

"My family and I cannot live with the completely unfounded conviction of a soldier, a combat soldier in the IDF ... for the completely justified killing of a murderous terrorist," he said.

Charlie Azaria added: "I was told that if we appeal, the IDF will also appeal. They are trying to scare the family, but my struggle continues because it is the struggle of every parent. I will not give up."

According to him, "Everyone who knows the details of the case knows for certain that Elor is innocent. Open your eyes -- tomorrow they will indict IDF pilots who dropped one-ton bombs."

Attorneys Besserglick and Katz denied Sheftel's claims, stressing that they had decided to resign after their stance was rejected.

"We also believe that the verdict is mistaken and disconnected from reality, and that is why we wrote 50 pages of the appeal that was presented and given to attorney Sheftel," they said in a joint statement." We believed that we had reached the maximum [potential] in this proceeding and that at this point we must seek out additional, alternative horizons for the benefit of the soldier, which we suggested to the family."

These alternatives likely included a pardon request or a mitigated punishment.

The attorneys continued: "Our recommendation to Elor and his family not to appeal was not due to 'extortion with threats' from the military advocate general, rather from the general practical assessment of risk versus benefit. We only had one thing in our sight, and that is the best interest of Elor Azaria. It is very surprising to us that attorney Sheftel, who received our full assistance, including our writing most of the appeal for him, chose to claim that we 'got tired' or that we 'became weak.'

"During this entire period, attorney Sheftel -- who was not a member of the defense team during the whole intensive trial and bothered to show up to court towards the end of the proceeding, after the verdict was given -- has chosen to give interviews as though he was a part of the defense team from the first day of the process."

The Military Advocate General also denied Sheftel's claims, though it refused comment on the content of the meeting with Azaria's lawyers.

Meanwhile, the Military Court of Appeals is expected to discuss Thursday at 2:30 p.m. the request to delay the implementation of Azaria's sentence. If the request is rejected, Azaria will begin serving his prison sentence on Sunday.

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