Professional and medical elements will discuss the confinement conditions of Damian Kerlik, the main suspect in the Ushrenko family murder,
Justice David Rosen from the Tel Aviv District Court ruled Monday.
The experts will consider whether to remove Kerlik's hand and ankle cuffs while he is in his cell.
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| Damian Kerlik indicted in Ushrenko murder / Vered Luvitch |
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Indictment filed with Petah Tikva District Court against former head waiter at family's restaurant, who is charged with murder, robbery, conspiring to commit a crime, arson and break-in. His wife accused of manslaughter. Kerlik's father, daughter and sister-in-law to be indicted as well |
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Kerlik is being held in custody chained to his bed 24 hours a day and is only allowed out in order to relieve himself, eat or walk in the yard once a day. His lawyer Uri Keinan, from the Public Defender's Office, petitioned to the court regarding his client's confinement conditions.
The State Prosecutor's Office presented psychiatric opinions asserting Kerlik needs to be restrained since he at risk of hurting guards who enter his room, seeing as he is a martial arts expert. It was also claimed that some professional opinions deem him a danger to himself.
In his ruling, Judge Rosen noted that he has in fact decided not to rule on the matter and that professional elements should be the ones to determine the defendant's conditions.
"I believe that if a prisoner poses great danger to himself, he should be chained to his bed, in the absence of less extreme measures, in order to guarantee his safety. Nevertheless, it remains unclear on what basis did the medical opinions reach the conclusion that (Kerlik) was at high risk of harming himself, and therefore his matter will be brought before professional elements."
Less than two weeks an indictment was filed with the Petah Tikva District court against Kerlik and detailed how he murdered six members of the Ushrenko family in Rishon Lezion.
The indictment listed six counts of murder as well as counts on robbery, conspiring to commit a crime, arson and break-in.
It also detailed how Kerlik strangled baby Netanel Ushrenko and crushed his skull before stabbing him in the chest and back eight times. He stabbed Eduard Ushrenko 18 times, his wife Ludmila once, their son Dmitry 38 times, their daughter-in-law Tatiana 30 times, and granddaughter Rochelle nine times.
Kerlik's wife was charged with manslaughter, destruction of evidence, conspiring to commit a crime and robbery.