Jerusalem Magistrate’s Court Justice Shulamit Dotan has ordered Sunday’s hearing involving the suspected abusive Meah Shearim mom closed to the public and she has placed a gag order on the court’s decision in today’s hearing.

Following the three-hour proceeding, the court ruled the 3-year-old toddler being released from Hadassah Ein Kerem Hospital will not be reunited with his mother just yet, but taken to another undisclosed location.

Unconfirmed reports from chareidi media sources indicate that during the hearing, social workers presented new damaging evidence against the mother, evidence that contradicted the psychiatric evaluation provided to the court by Dr. Yaakov Weill, the state-appointed psychiatrist who determined the mother is not a threat to her husband or children. Nevertheless, the social workers called on the court to remove the mother’s custodial rights, but not the father’s.

Hadassah Approves Child’s Release:

Hadassah Hospital Deputy Director-General Dr. Yair Birnbaum approved the child’s immediate release, telling the court he favors the child being placed in the custody of familiar family members.

Representatives of the mother decried the decision to distance the child from his mother, who they insist is a model parent, pointing out the toddler being released from the hospital needs to be reunited with his mother and siblings. They continue to maintain that the court-appointed psychiatrist has evaluated the mother and ruled she is not a threat. Therefore, they feel keeping her from her son is unjustifiable.

The child will be moved to an undisclosed location as per the court’s order.

Health Ministry Psychiatrist Does Not Concur:

Further complicating the case, among matters not under the gag order, is the fact that the Health Ministry Jerusalem District psychiatrist, Dr. Malik Piotre does not agree with the clinical evaluation presented to the court by Dr. Weill. According to a Galei Tzahal (Army Radio) report, Piotre questions just how Weill could determine the mother in question is not a danger to her children following their four encounters while he never reviewed any of the damaging police evidence in the case which points to abuse. Some experts feel Weill exceeded his authority in the case in making such a statement. There are also reports circulating to damage Weill’s integrity, that after some 25 years, his contract with Hadassah Hospital was recently terminated and his tenure was not continued. No explanation was given.

There is also criticism among legal experts regarding Weill’s actions, for showing the evaluation to rabbonim prior to the court, with one expert, Prof. Emanuel Gross, an expert in criminal law, telling Galei Tzahal that will all due respect to the rabbinical community, “this is a state of law, not halacha” and the move by Weill should have disqualified him from the case. Gross added that it appears the court was seeking a way to ‘calm the waters’ but he feels this too was inappropriate in this case and possibly contrary to the law, stressing that he understands the court’s good intensions, but disagrees with the move.

At this point, it remains questionable if the Health Ministry’s district psychiatrist is accepting the report, in total or in part, but it is clear the court is not willing to place the hospitalized child in his mother’s arms upon his release.

There is agreement however on the matter that Dr. Weill states the mother is mentally sound, and therefore, fit to stand trial. The prosecutor is signaling a serious criminal indictment will be filed in the near future.

Mother’s Attorney Speaks:

Following the Sunday morning court hearing, attorney for the mother David
Halevy told Kol Chai Radio that he is prohibited from discussing the day’s court proceedings as per the court order.

Halevy reports “significant progress” regarding his client in the past 48 hours, recounting the emotional return home on erev shabbos, to the joy of her children.

Halevy does not see any justification at present to question the other children, adding in any event, this is not a matter for the court but for police.

Explaining the Child’s Sudden Weight Gain:

Attorney Halevy responded to the obvious question, the question that has many wondering, how exactly does he explain the toddler’s sudden and significant weight gain following the arrest of the mother, taking her away from his bedside. The state is using this to signal that without mom tampering with his care, the child returned to health.

Halevy explained that the answer is quite simple actually, pointing out that coinciding with the mother’s arrest, following months of naso-gastric and intravenous feedings, the hospital once again began feeding the child orally, explaining the weight gain. When asked if he suspects a “hospital conspiracy”, Halevy was careful to distance himself from such a term, preferring to permit the public to draw its own conclusions. He stressed the child did not receive food by mouth for “months” and therefore, “it is no wonder that he gained weighed so rapidly,” adding that during his hospital stay, he lost a significant amount of weight, during the period in which he was not feed orally.

“I think the child’s condition is the result of his illness, a prolonged stay in hospital, and the decisions made by doctors”.

In summation, Levy does confirm a decision concerning the toddler was reached and the family is willing to categorize the decision as satisfactory. He added it is too early to relate to a possible criminal indictment. If one is filed against his client, Levy stated he will address the matter at that time but he hopes this will not be the case.

Eida Rabbonim Speak:

Rabbonim Shlita of the Eida Chareidis told YWN Israel that the toddler’s medical issues began about 18 months ago, at the age of 1.5 years-old. He was first treated in Hadassah Mount Scopus Hospital, admitted numerous times. On February 12, 2009, he was moved to Hadassah Ein Kerem. He underwent many “expensive tests” including CT scans, MRI, and serological tests. Upon his arrival, his weight was 8.14kg (17.94 lbs). Due to continued episodes of vomiting and stomach aches, the decision was made to feed him intravenously and/or by naso-gastric tube. He was admitted to the oncology unit for some time as well.

The Eida feels the hospital contributed the deterioration in the child’s condition, demanding a state investigation addressing the actions of the hospital and other official agencies involved in the case.

Despite the Court Order:

While the Jerusalem court on Sunday morning banned publication of details of today’s hearing, Adken pager news and the Maariv website report the child was transported to Hadassah Hospital to Tel Hashomer Hospital in Tel Aviv. YWN did not seek to confirm this with Tel Hashomer due to the court order.

Eida Chareidis rabbonim on Sunday also told YWN on Sunday that Deputy Director-General of Hadassah Dr. Yair Birnbaum remains adamant in his refusal to launch an independent state investigation into the entire affair, a reality that just serves to increase their suspicions of Hadassah wrong-doing in the case. Hadassah Hospital assistant spokeswoman Carmit Orpaz was contacted, requesting a response. In a one-line statement on hospital stationary, Ms. Bossem-Levy stated the hospital “never objected to an investigation by any agency”.

In another point related to the case, the media over recent weeks has reported that Hadassah in a meeting with HaGaon HaRav Yitzchak Tuvia Weiss Shlita, Gavaad of the Eida Chareidis, the hospital offered to show the video evidence proving the mother removed the naso-gastric feeding tube and took other actions that were contrary to the child’s well-being but the Eida refused to watch it. In today’s conversation with Eida rabbonim, this was denied, with one of the rabbonim, who requested his name not be mentioned, explaining “why would we refuse. This would be to our benefit since it would reveal the hospital’s case to us”.

(Yechiel Spira – YWN Israel)