The Jerusalem Magistrate’s Court acquitted Yona Simcha Schreiber on Wednesday over his attack on a Christian nun near King David’s Tomb on grounds of mental illness, ordered him to be hospitalized for up to six years.
Judge Ophir Tischler found that the evidence established that Schreiber did commit the acts described in the indictment, but he accepted the district psychiatrist’s conclusion that Schreiber was psychotic at the time and could neither understand the nature of his actions nor stop himself from carrying them out.
The ruling means that Shreiber cannot be held criminally responsible for the attack because of his mental condition at the time.
He had been charged with assault causing actual bodily harm motivated by hostility toward a religious group, as well as common assault. On April 28, he pushed a nun to the ground, then returned and kicked her, and finally assaulted a passerby who tried to intervene.
Acquitted by reason of insanity
The district psychiatrist diagnosed Schreiber with schizophrenia, finding that he had been psychotic for many years and lacked insight into his illness.
There was no conclusive evidence that specific psychotic thoughts directly caused the attack, the psychiatrist said. He nevertheless concluded that Schreiber’s illness directly influenced his actions and that, at the time, Schreiber could not understand what he was doing or refrain from doing it.
The psychiatrist recommended inpatient treatment, a position the prosecution ultimately accepted after requesting additional clarifications.
Under the court order, Schreiber’s hospitalization, dated from August 24, may continue for a maximum of six years, corresponding to the maximum penalty attached to the most serious offense in the case.
That period is a ceiling rather than a fixed sentence. A psychiatric committee may order his earlier release if it concludes that his medical condition permits. The committee has been instructed to notify both the prosecution and the defense of any such decision.
The court reached its final decision after several hearings over the psychiatric findings and the rights of the woman who was attacked.
At an August 16 hearing, the prosecution raised questions about the psychiatric opinion, prompting the court to ask the district psychiatrist for clarification. In a response filed the following day, the psychiatrist said he was convinced that Schreiber suffered from schizophrenia, had experienced psychosis for years, and was unable to understand or control his actions during the attack.
The prosecution initially agreed that the case should end with an acquittal and a hospitalization order. It then sought a short delay after an attorney representing the nun arrived at an August 24 hearing and said she had not been properly informed of the psychiatric findings.
Harassment and attacks against Christians in Jerusalem
The nun’s attorney, Zaki Sahlia, questioned the assessment and argued that the fact that Schreiber targeted the nun rather than other people nearby raised doubts about whether the attack resulted from his illness. He also placed the case in the context of recurring harassment and attacks against Christian clergy in Jerusalem.
Tischler rejected the argument that the law required a further delay before the court could act on the psychiatric opinion. The law provides victims with an opportunity to state their position before a plea bargain or another negotiated arrangement closes a case, he wrote, but this was not such an agreement.
The opinion came from the state’s own district psychiatrist and left the court required to address Schreiber’s continued detention, the judge added. He ordered that Schreiber be held in hospital conditions while the prosecution completed its consultations.
At Wednesday’s final hearing, the prosecution said it had fulfilled its obligations toward the nun, heard her position, and remained in favor of accepting the psychiatric opinion. The prosecution and defense then jointly asked the court to acquit Schreiber.
The nun’s attorney said she remained uncomfortable with the psychiatric findings but respected the court’s decision.
Schreiber’s public defender, Idan Gamlieli, said the district psychiatrist had determined that the “regrettable incident” resulted from Schreiber’s illness and that he required inpatient psychiatric treatment.
“We hope the medical treatment will help him return to optimal functioning,” Gamlieli said. “It is important to note that we understand the complainant’s difficult feelings and wish her recovery from the consequences of this regrettable incident.”
Nun's attack caught on video
The attack occurred at approximately 5:42 p.m. near King David’s Tomb in Jerusalem.
Schreiber, a resident of the West Bank settlement of Peduel, saw the nun wearing clothing that identified her as Christian, ran toward her, and pushed her forcefully to the ground.
She struck her head and became dizzy. Schreiber initially walked away but returned several seconds later and kicked her while she was still on the ground. When a passerby intervened, Schreiber attacked him with punches and kicks.
The nun suffered bruising to her face and leg. The assault, which was captured on video, prompted widespread condemnation from Christian representatives, academics, and Israeli officials.
Sahlia told The Jerusalem Post that an appeal was not likely, but that he was “still studying the decision” and that there were other avenues to pursue.