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723 FEDERAL SUPPLEMENT, 2d SERIES
Pablo was wounded in the Lod Airport
Attack; for him and his family the attack
became a watershed experience that negatively affected the quality of his life in
significant ways, including severe psychological injuries which grievously disabled
him and persisted for his entire life. (Trial Transcript, Dec. 3, 2009, p. 109, ln. 18–
25)
During interrogations with Israeli authorities, Kozo admitted that his fellow
attackers and he were members of the
JRA and that the attack had been carried
out in conjunction with the PFLP. The
PFLP also publicly claimed responsibility
for the attack; this claim was widely reported in the international press. Kozo
was tried and convicted in an Israeli court
for his involvement in the Lod Airport
Attack. He received a life sentence.
Kozo was released from jail in 1985 as
part of a prisoner release, and is believed
to be living in Lebanon. (Trial Transcript,
Dec. 2, 2009, p. 116, ln. 5 and p. 117, ln. 12)
Carmelo’s widow, Eladia Cardona–Rosario (‘‘Eladia’’) and his ten children (eight
with Eladia and two from a prior marriage) have suffered greatly from the loss
of their loving spouse and father. Pablo
and his family have suffered from his psychological injuries and chronic deep depression caused by the Lod Airport Attack
and Pablo’s consequent failure to be able
to resume his prior, functioning lifestyle,
including his inability to maintain employment.
The plaintiffs have established defendants’ liability for the Lod Airport Attack
primarily through the testimony of three
expert witnesses: Professor Barry Rubin
(‘‘Prof. Rubin’’), Professor Bruce Bechtol
(‘‘Prof. Bechtol’’), and Professor Rohan
Gunaratna (‘‘Prof. Gunaratna’’).
Two eyewitnesses to the Lod Airport
Attack, Ze’ev Sarig and Claude Chanan
Zeitoun, presented affidavit testimony (Exhibit Nos. 1 and 2); Mr. Sarig also testi-
fied before the Court at trial. (Trial Transcript, Dec. 2, 2009, pp. 9–34) Each of the
expert witnesses and two fact witnesses
also submitted affidavit testimony as exhibits to plaintiffs’ Pretrial Memorandum
that was submitted prior to the trial.
(Docket No. 23) (See also Exhibit Nos. 1,
2, 4, 6, and 8)
Professors Rubin, Bechtol, and Gunaratna offered documentary evidence, including government reports, publications, and
other information, in addition to their affidavit testimony and oral testimony at trial.
Although some of plaintiffs’ evidence is
cumulative, given the level of detail and
insight the witnesses provided regarding
the support by defendants to PFLP and
JRA terrorism generally, and the Lod Airport Attack specifically, the Court will
quote at length from their expert testimony.
A.
Testimony
Rubin
of
Professor
Barry
Plaintiffs presented affidavit and trial
testimony by Prof. Rubin, the director and
a member of the faculty of the Global
Research in International Affairs Center
(GLORIA) at the Interdisciplinary University (IDC), in Herzliya, Israel. Prof.
Rubin is also a senior fellow at the IDC’s
International Policy Institute for Counter–
Terrorism. He holds a doctorate degree
from Georgetown University, a master’s
degree from Rutgers University, and a
bachelor’s degree from Richmond College.
Prof. Rubin’s affidavit and trial testimony
were based upon his academic studies, research, teaching and publishing over the
course of his many years as a director of
IDC, a senior fellow at a counter-terrorism
institute, and a lecturer at numerous academic institutions. During the course of
his professional career and academic research, Prof. Rubin has obtained information from interviews with political leaders