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	<title>Comments on: Yisrael Valis: No Signs of Abuse</title>
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	<description>A Journal of Jewish Thought and Opinion</description>
	<pubDate>Thu, 04 Dec 2008 21:11:36 +0000</pubDate>
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		<title>By: mark</title>
		<link>http://www.cross-currents.com/archives/2006/08/22/yisrael-valis-no-signs-of-abuse/#comment-65762</link>
		<dc:creator>mark</dc:creator>
		<pubDate>Wed, 23 Aug 2006 20:02:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.cross-currents.com/archives/2006/08/22/yisrael-valis-no-signs-of-abuse/#comment-65762</guid>
		<description>Yaakov,

I was pointing out basic human instinct. I never intended to justify the public's knee-jerk reaction, but understood it as a sort of angry mob response. It is called being human. People, especially compassionate people, get excited when dead babies are involved - can you blame them?

So, am I &lt;i&gt;posul&lt;/i&gt; because I used two separate monikers within a short period? Puhleeze! Who in the blogosphere (I'm referring to commenters, for the most part) actually uses their real name? Besides, considering your rigorous censorship, I thought it would increase my chances of being posted. 

Anyway, I believe the Charedi community was slandered because the opinion of the Gedolim was that Valis must be innocent because his wife is defending him. I guess, according to that brilliant logic, an investigation is not even necessary - just ask the wife if the husband killed the baby...or beat her...or cheated on his taxes....

By the way, I do commend you for publishing my posts. I was surprised.</description>
		<content:encoded><![CDATA[<p>Yaakov,</p>
<p>I was pointing out basic human instinct. I never intended to justify the public&#8217;s knee-jerk reaction, but understood it as a sort of angry mob response. It is called being human. People, especially compassionate people, get excited when dead babies are involved - can you blame them?</p>
<p>So, am I <i>posul</i> because I used two separate monikers within a short period? Puhleeze! Who in the blogosphere (I&#8217;m referring to commenters, for the most part) actually uses their real name? Besides, considering your rigorous censorship, I thought it would increase my chances of being posted. </p>
<p>Anyway, I believe the Charedi community was slandered because the opinion of the Gedolim was that Valis must be innocent because his wife is defending him. I guess, according to that brilliant logic, an investigation is not even necessary - just ask the wife if the husband killed the baby&#8230;or beat her&#8230;or cheated on his taxes&#8230;.</p>
<p>By the way, I do commend you for publishing my posts. I was surprised.</p>
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		<title>By: Yaakov Menken</title>
		<link>http://www.cross-currents.com/archives/2006/08/22/yisrael-valis-no-signs-of-abuse/#comment-65659</link>
		<dc:creator>Yaakov Menken</dc:creator>
		<pubDate>Wed, 23 Aug 2006 15:16:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.cross-currents.com/archives/2006/08/22/yisrael-valis-no-signs-of-abuse/#comment-65659</guid>
		<description>Since we moderate comments, you would think I would not allow two comments from the same troll using two different names (mark and m-kol posted from the same IP address, 15 minutes apart, at 1 a.m.). The reason I made an exception is because this is a fascinating example of a favorite Talmudic aphorism: &lt;em&gt;Kol HaPosel, B’Mumo Posel&lt;/em&gt;. When Reuven tells you that Shimon is a no-goodnik, you should look carefully for the alleged defect in Reuven himself. "All who invalidate, invalidate with their own defect."

He accuses me of rushing to judgement -- of expressing an "absolute defense," and being "certain about Valis’ innocence."

My point has been, from the beginning, that there should be no rush to judgement, and that the premature media lynching of Valis and the charedi community were unjust and unreasonable. I said that the police lied, that Valis was immediately convicted in the media, that we should use a presumption of innocence until proven guilty -- as is required by the legal systems of civilized nations, beginning with the Torah itself: &lt;em&gt;Havei Dan es Kol Adam L'Kaf Zechus&lt;/em&gt;, Judge Every Person Favorably -- and that there was plenty of exculpatory evidence upon which to base such a presumption. I also said that the entire charedi community was slandered for daring to assume his innocence.

Each of those statements is true and accurate, and I stand behind what I said.

But for those too lazy to do the homework, here is what I said about whether he is actually innocent:

&lt;a href="http://www.cross-currents.com/archives/2006/04/25/yisroel-valis-the-amona-police-ride-again/" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow"&gt;April 25&lt;/a&gt; -- "We don’t know if he’s innocent or guilty."
&lt;a href="http://www.cross-currents.com/archives/2006/06/09/yisrael-valis-and-the-rush-to-judgement/" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow"&gt;June 9&lt;/a&gt; -- "Innocent until proven guilty means we leave it to a jury, not media reports—and leave our thoughts open to the possibility that a jury could wrongly convict, as well."
&lt;a href="http://www.cross-currents.com/archives/2006/06/12/fisking-larry-derfner-part-ii/" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow"&gt;June 12&lt;/a&gt; -- "The Valis child died either as the result of a tragic accident, or frightful abuse."
And then, on &lt;a href="http://www.cross-currents.com/archives/2006/08/14/yisrael-valis-and-the-case-comes-a-tumblin-down/" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow"&gt;August 14&lt;/a&gt; -- "Valis seems increasingly likely to remain free."

Which leads us to the other comment from the same source: that in his opinion, the dead child is reason enough for people to assume that Valis is &lt;em&gt;guilty&lt;/em&gt;. Thankfully, most people do not leap to the conclusion that every dead child was murdered by his or her parents. Leaping to a conclusion like that is also contradictory to Torah values. But it is, in this case, a fascinating example of "&lt;em&gt;Kol HaPosel&lt;/em&gt;" -- of accusing me of rushing to judgement, in almost the same breath that he defends doing exactly that.
</description>
		<content:encoded><![CDATA[<p>Since we moderate comments, you would think I would not allow two comments from the same troll using two different names (mark and m-kol posted from the same IP address, 15 minutes apart, at 1 a.m.). The reason I made an exception is because this is a fascinating example of a favorite Talmudic aphorism: <em>Kol HaPosel, B’Mumo Posel</em>. When Reuven tells you that Shimon is a no-goodnik, you should look carefully for the alleged defect in Reuven himself. &#8220;All who invalidate, invalidate with their own defect.&#8221;</p>
<p>He accuses me of rushing to judgement &#8212; of expressing an &#8220;absolute defense,&#8221; and being &#8220;certain about Valis’ innocence.&#8221;</p>
<p>My point has been, from the beginning, that there should be no rush to judgement, and that the premature media lynching of Valis and the charedi community were unjust and unreasonable. I said that the police lied, that Valis was immediately convicted in the media, that we should use a presumption of innocence until proven guilty &#8212; as is required by the legal systems of civilized nations, beginning with the Torah itself: <em>Havei Dan es Kol Adam L&#8217;Kaf Zechus</em>, Judge Every Person Favorably &#8212; and that there was plenty of exculpatory evidence upon which to base such a presumption. I also said that the entire charedi community was slandered for daring to assume his innocence.</p>
<p>Each of those statements is true and accurate, and I stand behind what I said.</p>
<p>But for those too lazy to do the homework, here is what I said about whether he is actually innocent:</p>
<p><a href="http://www.cross-currents.com/archives/2006/04/25/yisroel-valis-the-amona-police-ride-again/" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow">April 25</a> &#8212; &#8220;We don’t know if he’s innocent or guilty.&#8221;<br />
<a href="http://www.cross-currents.com/archives/2006/06/09/yisrael-valis-and-the-rush-to-judgement/" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow">June 9</a> &#8212; &#8220;Innocent until proven guilty means we leave it to a jury, not media reports—and leave our thoughts open to the possibility that a jury could wrongly convict, as well.&#8221;<br />
<a href="http://www.cross-currents.com/archives/2006/06/12/fisking-larry-derfner-part-ii/" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow">June 12</a> &#8212; &#8220;The Valis child died either as the result of a tragic accident, or frightful abuse.&#8221;<br />
And then, on <a href="http://www.cross-currents.com/archives/2006/08/14/yisrael-valis-and-the-case-comes-a-tumblin-down/" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow" rel="nofollow">August 14</a> &#8212; &#8220;Valis seems increasingly likely to remain free.&#8221;</p>
<p>Which leads us to the other comment from the same source: that in his opinion, the dead child is reason enough for people to assume that Valis is <em>guilty</em>. Thankfully, most people do not leap to the conclusion that every dead child was murdered by his or her parents. Leaping to a conclusion like that is also contradictory to Torah values. But it is, in this case, a fascinating example of &#8220;<em>Kol HaPosel</em>&#8221; &#8212; of accusing me of rushing to judgement, in almost the same breath that he defends doing exactly that.</p>
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		<title>By: m-kol</title>
		<link>http://www.cross-currents.com/archives/2006/08/22/yisrael-valis-no-signs-of-abuse/#comment-65643</link>
		<dc:creator>m-kol</dc:creator>
		<pubDate>Wed, 23 Aug 2006 05:18:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.cross-currents.com/archives/2006/08/22/yisrael-valis-no-signs-of-abuse/#comment-65643</guid>
		<description>Now, guided by the opinion of your "friend and correspondent," you're not as certain about Valis' innocence as you were just a short while ago.

You're a sly fox, referencing a remark tucked away in the comments of your "tumblin' down" post, so that you may wiggle your way out of your previously absolute defense of Valis. Only &lt;i&gt; you&lt;/i&gt;are  allowed to "jump the gun." What a spinmaster.</description>
		<content:encoded><![CDATA[<p>Now, guided by the opinion of your &#8220;friend and correspondent,&#8221; you&#8217;re not as certain about Valis&#8217; innocence as you were just a short while ago.</p>
<p>You&#8217;re a sly fox, referencing a remark tucked away in the comments of your &#8220;tumblin&#8217; down&#8221; post, so that you may wiggle your way out of your previously absolute defense of Valis. Only <i> you</i>are  allowed to &#8220;jump the gun.&#8221; What a spinmaster.</p>
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		<title>By: mark</title>
		<link>http://www.cross-currents.com/archives/2006/08/22/yisrael-valis-no-signs-of-abuse/#comment-65642</link>
		<dc:creator>mark</dc:creator>
		<pubDate>Wed, 23 Aug 2006 05:03:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.cross-currents.com/archives/2006/08/22/yisrael-valis-no-signs-of-abuse/#comment-65642</guid>
		<description>Yaakov,

You are forgetting in your equation one important factor: the baby is dead. If that doesn't invoke considerable pre-trial judgement by the public, I don't know what else should.</description>
		<content:encoded><![CDATA[<p>Yaakov,</p>
<p>You are forgetting in your equation one important factor: the baby is dead. If that doesn&#8217;t invoke considerable pre-trial judgement by the public, I don&#8217;t know what else should.</p>
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		<title>By: Moshe</title>
		<link>http://www.cross-currents.com/archives/2006/08/22/yisrael-valis-no-signs-of-abuse/#comment-65590</link>
		<dc:creator>Moshe</dc:creator>
		<pubDate>Tue, 22 Aug 2006 21:46:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.cross-currents.com/archives/2006/08/22/yisrael-valis-no-signs-of-abuse/#comment-65590</guid>
		<description>Yaakov,

I disagree.  The police were involved because they were called by the hospital staff.  The hospital staff were the ones who suspected abuse - the police do not investigate every Charedi who checks into the hospital.

Nowadays, with the advent of MRI's, CT scans, Ultrasound, we can see many internal things as if they were external.

The fact that the police lied and tried to convict the defendant in the press is indisputable.  However, that does not mean that they did not have any objective reason to suspect abuse - from the testimony at the trial, they most definitely had reason for suspicion.  The type of internal injuries the baby had are consistant with abuse - therefore warranting an investigation.

Additionally, Dr. Hiss did not say he saw no external signs.  He said that the external signs (bruises which most definitely existed, as they were photographed and submitted as evidence in the case) may have (or most probably - I don't have time to check his exact wording) been caused by factors other than abuse.  Other Doctors (notably Dr. Avi Rivkind - see previous testimony) who saw the baby earlier (who may not be as expert as Dr. Hiss is) may have thought the bruises were caused by abuse.  I don't thnk the police can be blamed for following the opinion of Dr. Rivkind - who gave his opinion before Dr. Hiss even saw the patient.</description>
		<content:encoded><![CDATA[<p>Yaakov,</p>
<p>I disagree.  The police were involved because they were called by the hospital staff.  The hospital staff were the ones who suspected abuse - the police do not investigate every Charedi who checks into the hospital.</p>
<p>Nowadays, with the advent of MRI&#8217;s, CT scans, Ultrasound, we can see many internal things as if they were external.</p>
<p>The fact that the police lied and tried to convict the defendant in the press is indisputable.  However, that does not mean that they did not have any objective reason to suspect abuse - from the testimony at the trial, they most definitely had reason for suspicion.  The type of internal injuries the baby had are consistant with abuse - therefore warranting an investigation.</p>
<p>Additionally, Dr. Hiss did not say he saw no external signs.  He said that the external signs (bruises which most definitely existed, as they were photographed and submitted as evidence in the case) may have (or most probably - I don&#8217;t have time to check his exact wording) been caused by factors other than abuse.  Other Doctors (notably Dr. Avi Rivkind - see previous testimony) who saw the baby earlier (who may not be as expert as Dr. Hiss is) may have thought the bruises were caused by abuse.  I don&#8217;t thnk the police can be blamed for following the opinion of Dr. Rivkind - who gave his opinion before Dr. Hiss even saw the patient.</p>
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		<title>By: Yaakov Menken</title>
		<link>http://www.cross-currents.com/archives/2006/08/22/yisrael-valis-no-signs-of-abuse/#comment-65586</link>
		<dc:creator>Yaakov Menken</dc:creator>
		<pubDate>Tue, 22 Aug 2006 21:28:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.cross-currents.com/archives/2006/08/22/yisrael-valis-no-signs-of-abuse/#comment-65586</guid>
		<description>Moshe,

I was referring, in context, to that which could have been viewed by the police -- which would have been the external signs only.</description>
		<content:encoded><![CDATA[<p>Moshe,</p>
<p>I was referring, in context, to that which could have been viewed by the police &#8212; which would have been the external signs only.</p>
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		<title>By: Moshe</title>
		<link>http://www.cross-currents.com/archives/2006/08/22/yisrael-valis-no-signs-of-abuse/#comment-65578</link>
		<dc:creator>Moshe</dc:creator>
		<pubDate>Tue, 22 Aug 2006 20:30:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.cross-currents.com/archives/2006/08/22/yisrael-valis-no-signs-of-abuse/#comment-65578</guid>
		<description>Yaakov-

Just to clarify one of the statements you made.  You wrote:
Meanwhile, the top forensic examiner in the country saw no bite marks and, in fact, no signs of abuse whatsoever.

The statement is factually incorrect - all he stated was that he saw no external signs of abuse; he clearly stated that he was only referring to the external signs of abuse.

He was not trying to say that there were no internal signs of abuse - he simply did not deal with that issue - that was dealt with by the previous Doctors, and I brought their opinions in this link:
http://www.cross-currents.com/archives/2006/06/28/yisrael-valis-the-court-transcript/#comment-62410</description>
		<content:encoded><![CDATA[<p>Yaakov-</p>
<p>Just to clarify one of the statements you made.  You wrote:<br />
Meanwhile, the top forensic examiner in the country saw no bite marks and, in fact, no signs of abuse whatsoever.</p>
<p>The statement is factually incorrect - all he stated was that he saw no external signs of abuse; he clearly stated that he was only referring to the external signs of abuse.</p>
<p>He was not trying to say that there were no internal signs of abuse - he simply did not deal with that issue - that was dealt with by the previous Doctors, and I brought their opinions in this link:<br />
<a href="http://www.cross-currents.com/archives/2006/06/28/yisrael-valis-the-court-transcript/#comment-62410" rel="nofollow">http://www.cross-currents.com/archives/2006/06/28/yisrael-valis-the-court-transcript/#comment-62410</a></p>
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		<title>By: Bob Miller</title>
		<link>http://www.cross-currents.com/archives/2006/08/22/yisrael-valis-no-signs-of-abuse/#comment-65567</link>
		<dc:creator>Bob Miller</dc:creator>
		<pubDate>Tue, 22 Aug 2006 19:28:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.cross-currents.com/archives/2006/08/22/yisrael-valis-no-signs-of-abuse/#comment-65567</guid>
		<description>Rabbi Menken said, "The police convicted him in the press..."
These two entities, the police and the press, are two interlocking parts of this dysfunctional system.  Any ideas as to a cure?</description>
		<content:encoded><![CDATA[<p>Rabbi Menken said, &#8220;The police convicted him in the press&#8230;&#8221;<br />
These two entities, the police and the press, are two interlocking parts of this dysfunctional system.  Any ideas as to a cure?</p>
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		<title>By: Steve Brizel</title>
		<link>http://www.cross-currents.com/archives/2006/08/22/yisrael-valis-no-signs-of-abuse/#comment-65542</link>
		<dc:creator>Steve Brizel</dc:creator>
		<pubDate>Tue, 22 Aug 2006 18:21:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.cross-currents.com/archives/2006/08/22/yisrael-valis-no-signs-of-abuse/#comment-65542</guid>
		<description>It is certainly quote significant and ironic that Professor Hiss, who is not known for his favorable view of the Charedi community re other issues such as autopsies now has issued an opinion that vindicates the defendant.</description>
		<content:encoded><![CDATA[<p>It is certainly quote significant and ironic that Professor Hiss, who is not known for his favorable view of the Charedi community re other issues such as autopsies now has issued an opinion that vindicates the defendant.</p>
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