Shliach Attends Murder Trial

By Rabbi Levi Cunin, Malibu Patch

Never, never be afraid to do what’s right, especially if the well-being of a person or animal is at stake. —Martin Luther King Jr.

I joined Ellen and Michel Shane and other community members on Tuesday for the first day of the trial of Sina Khankhanian, the man charged with murdering the Shane’s 13-year-old daughter Emily.

One of the first witnesses to be called to the stand was Jan Elfman, a woman who was driving behind Sina on that tragic day.

Jan testified that she was behind his Mitsubishi on Topanga Canyon Boulevard in the Santa Monica Mountains as his car was erratically tailgating the vehicle in front of him “like a video game, going from the far left to the far right, over and over again.”

Jan’s call to 911 was the first of many that followed. As the call was played in the courtroom, I could not stop thinking about how different things would have been if only the 911 warning from Jan and others had enabled authorities to prevent him from ever making it to the scene of the tragedy. Sadly, Sina made it to PCH and proceeded far west unstopped. He eventually caused the death of Emily Shane (that is not in dispute, whether it was murder is what the trial is about).

At first, it seemed that Jan’s testimony was fairly simple and straightforward. A woman observes a careless driver, proceeding wildly, and she does the right thing—calls 911 and warns of the danger. She even said ominously to the 911 operator, “I promise you will get another call about him.”

What followed in the courtroom was a harsh cross-examination by the defendant’s attorney, Bradley Brunon. He began to barrage Jan with a series of questions, making several attempts to discredit her testimony. This bombardment seemed to me to be just wrong.

Think about it, not too long ago we did not have cellphones and the ability to call 911 when we saw something bad happening. In the past, when we observed a dangerous situation on the road, all we could do was hope that some law enforcement officer would show up to prevent a tragedy. Today, with our ability to become the eyes and ears for each other, we should be embracing those who step forward, so others won’t be injured.

As Jan was being grilled and accused of changing her story, and almost brought to tears, I pondered, “I wonder what Jan would do today, if she were to witness another emergency. Would she still pick up a phone and call 911?”

We are familiar with the phrase, “No good deed goes unpunished.” But why does it have to be that way?

I then was reminded of the teachings of the great Chassidic master the Baal Shemtov: Every single thing that a person sees or hears is an instruction to him or her in conduct and Divine service.

Jan reacted in a way that certainly made the Baal Shemtov proud.

After witnessing the events in the courtroom, it was my turn to react to what I saw and heard. I thanked Jan outside the courtroom for not allowing herself to be intimidated by the lawyer’s aggressive approach. I came to realize that, yes, if Jan was faced with a similar situation again—to do what she could to prevent a tragedy from occurring, she would most definitely react the same way and do it all over again.

I pray that every person who witnesses an action by someone that is putting others’ lives at risk will do what Jan did. As the Baal Shemtov teaches, if a situation has been placed in front of you, it is because you have been given the power and responsibility to make a difference. Do not look the other way.

Yes, we are our brother’s keeper.