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BALTIMORE (AP) — A judge convicted one brother and exonerated the other Thursday in the 2010 beating of a black teenager they encountered while responding to a suspicious person report received by an Orthodox Jewish neighborhood watch group.
Eliyahu was convicted of false imprisonment and second-degree assault, and cleared of carrying a deadly weapon with intent to injure and Avi was acquitted of all three counts.
The judge did not consider the testimony of the now-16-year-old victim, who was excused after refusing to testify. Assistant State's Attorney Kevin Wiggins struggled to get the teen to speak on the witness stand about the incident. The emotional teen's words were inaudible and he frequently put his head down in his lap. Finally, he stood, declaring that he shouldn't have called police and he wouldn't testify anymore. The teen's testimony stricken from the record, but his 911 call recording was allowed.