CALDERON–CARDONA v. DEM. PEOPLE’S REP. OF KOREA
Cite as 723 F.Supp.2d 441 (D.Puerto Rico 2010)
For the reasons set forth below, the
Court finds that plaintiffs have clearly
demonstrated both the Court’s jurisdiction
and the defendants’ liability for their injuries ‘‘by evidence that is satisfactory to the
Court.’’ 28 U.S.C. § 1608(e).
Findings of Fact
This Court conducted an evidentiary
hearing on December 2, 2009 and December 3, 2009, at which plaintiffs presented
evidence establishing, to section 1608(e)’s
satisfaction, the following facts.
On May 30, 1972, American citizens Carmelo Calderon–Molina (‘‘Carmelo’’) and
Pablo Tirado–Ayala (‘‘Pablo’’) arrived at
Israel’s Lod Airport near Tel Aviv, as part
of a large group of Puerto Rican pilgrims
touring Israel and visiting the Christian
religious sites in the Holy Land. For many
of the participants on this church-organized trip, this was to be the experience of
a lifetime, and one for which they had
saved up money to finance for many years.
Three members of the JRA, disguised as
regular passengers, who had just disembarked at Lod Airport on a flight arriving
from Italy, recovered their luggage from
the baggage carousel. They then removed
automatic weapons and grenades from
their luggage and began shooting and
throwing explosives indiscriminately into
the crowd of innocent civilians which included Carmelo, Pablo and other passengers 5 located in the terminal building.
5.
Several other persons who were not passengers were also killed by the JRA terrorists.
Adam Tzamir, age 11, had accompanied his
parents to greet an arriving relative, and was
murdered while standing in the arrivals hall
(Trial Transcript, Dec. 2, p. 25, ln. 18–22).
6.
According to Ze’ev Sarig, Managing Director of Ben–Gurion International Airport
from 2004–2009, who was Assistant to the
Deputy Director of Lod Airport at the time of
the Lod Terrorist Attack (Trial Transcript,
Dec. 2, pp. 11–12), an internal-airport terrorist attack had not been perpetrated prior to
445
At the time of the Lod Airport Attack in
1972, there were no armed Israeli security
personnel stationed inside Lod Airport,6
and therefore the JRA terrorists encountered no organized resistance. At some
point during the Lod Airport Attack, however, two of the terrorists were felled by
self-inflicted wounds (one from a ricocheting bullet and the other by a prematurelydetonated grenade), at which time the
third terrorist raced outside of the terminal building with the intention of blowing
up several aircraft located on the tarmac.
(Exhibit No. 2, ¶ 24)
This third terrorist, Kozo Okamoto
(‘‘Kozo’’), was eventually neutralized by
Claude Chanan Zeitoun (‘‘Zeitoun’’), a Lod
airport employee who, though unarmed,
chased down Kozo near the runway,
knocked away his automatic rifle, and restrained him until the police arrived. (Exhibit No. 2, ¶¶ 12–18)
When the slaughter ceased, 26 innocent
persons had been murdered and over 80
persons had been wounded by the JRA
terrorists. (Trial Transcript, Dec. 2, 2009,
p. 27, ln. 18 and 23) Seventeen of the
murdered victims were Puerto Rican pilgrims. Carmelo was killed in the Lod
Airport Attack; his last act before dying
was to shield a pregnant woman with his
body, absorbing bullets that otherwise
would likely have killed her and her unborn child.7
the Lod Airport Attack, and thus Lod Airport
security had not anticipated that such an attack might originate from persons arriving on
incoming flights to Lod. (Trial Transcript,
Dec. 2, 2009, pp. 21–22)
7.
Gloria
Calderon–Cardona,
Carmelo’s
daughter, testified that she learned of her
father’s heroic last act when the grateful survivor came with her husband to the home of
Eladia Cardona–Rosario (Carmelo’s wife and
Gloria’s mother) to thank them for Carmelo’s
ultimate sacrifice. (Trial Transcript, Dec. 2,
2009, p. 163, ln. 9–14)