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September 7, 2016 2:50 pm

After the Latest Palestinian-Terror Verdict, Memories of My Daughter Rush to the Surface

avatar by Stephen M. Flatow / JNS.org

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Pictured is columnist Stephen M. Flatow's daughter Alisa Flatow, who was murdered by the Palestinian terrorist group Islamic Jihad in 1995. Photo: Courtesy of Stephen M. Flatow.

Columnist Stephen M. Flatow’s daughter, Alisa, who was murdered by the Palestinian terrorist group Islamic Jihad in 1995. Photo: Courtesy of Stephen M. Flatow.

JNS.org – While walking through my Jerusalem hotel dining room thinking about the news from the states that a US court had tossed out a $655 million terrorism judgment, a young woman came up and gave me a big “Hi!”

Seeing that I was not connecting her face and name, she spared me that now all-too-frequent embarrassment and quickly said, “Sarah.” She was one of the first girls that my late daughter, Alisa, met when we moved to West Orange, New Jersey in 1978. She and Alisa attended nursery school and then started yeshiva together, and it was this now 41-year-old woman who — as a 5-year-old — became our first Shabbat afternoon guest.

She was in Jerusalem attending several family celebrations. And there she sat with two of her own daughters. We caught up on things in a couple of minutes and then she had to run, as she needed to get the day started.

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Finishing breakfast, I picked up my iPhone and started to type. Always saying I pay more attention to this mini-computer than to her, my wife, Rosalyn, turned to me with more than her normal annoyance and asked, “Whom are you texting now?”

I had a hard time getting the words out. The thought that had crossed my mind a minute earlier, which had caused me to pick up the phone and write was, “That could have been Alisa sitting there, 41 years old, attending family celebrations in Jerusalem.”

As her eyes filled with tears, Roz put down her coffee cup and looked out the window into the distance as parents of murdered children often do.

I know I’m not the first parent of a terror victim to have thoughts of what his children would be doing today. It’s that it just doesn’t happen very often to me.

Instead, every day I face the reality that Alisa was taken from us 21 years ago, that I will never again have a new photo of her, that my four granddaughters named after her will eventually be older than she was allowed to become, and that she will never be sitting in a Jerusalem hotel dining room getting ready to celebrate a family event. I accept all of that.

Understand that none of the things that our family has done since her murder was undertaken in the belief that we’d somehow get Alisa back. Instead, what we’ve attempted to do over these past 21 years is to try to wrest some sense out of the insensible and to control a small part of what happens to us going forward.

We struck back at the Iranian government for its role in the bombing that took the lives of Alisa and seven others and injured more than 40. We did so using the power of a US law that gives terror victims — or their surviving relatives — the right to haul Iranian and Arab terrorists to court. And we got a verdict in our favor.

But efforts to enforce our judgment were stymied by the same federal government that, under former President Bill Clinton, had put this law on the books.

Thus, it was no surprise to me that a federal court recently overturned a judgment similar to ours in the case of American citizens, mostly young men and women who, like Alisa, were murdered in cold blood while studying or just enjoying being in Israel at the time of their death.

The appeals court that threw the latest victims out of court stated that the trial court had no jurisdiction to hear the case and so it had to find in favor of the plaintiffs. How could the lower court have gotten it so wrong? The judge was not ignorant, he read the law and he determined there was jurisdiction, and the defendants were responsible for the deaths and injuries to the plaintiffs. But the appeals court disagrees and a dozen families, who smelled victory in the air a year ago, are now left to ponder their next moves as the wounds of lives lost are ripped open.

As the father of terror victims’ rights cases — our lawsuit was the first — I can only shake my head in frustration at this latest turn in events.

Would the result have been different if, rather than urging the court to go easy on the defendants and not require a stiff money bond on appeal, the government had stayed out of the case? I don’t know. But if the US government won’t weigh in on the side of terror victims and stand united with them, who will. And, if not now, when?

Stephen M. Flatow is a frequent contributor to JNS.org. His daughter Alisa was murdered in a 1995 terror attack while she was a student in Israel.

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  • sam cohen

    Stephen;May you stay strong for all of us who think of you and your family and all Israel!

  • Dani

    I live in Buenos Aires. Many years ago, I was a student in Boston and I remember to have atended a CJP´s conference on Organ donations. The speaker waho´s daughter had been killed in a terrorist attack spoke about what parents in that situation have to go through and I could never forget those words.

  • Only the parent/s of a viciously murdered child can ever fully understand the pain of such a loss which they know will stay with them till they draw their last breath on Earth. It is to be hoped that they will continue their fight all the way to the Supreme Court. I believe the Court of Appeals came under pressure to decide against the Families. And this development must certainly add to the pain of losing their children and then losing their quest to obtain some sense of Justice.
    Hopefully these cases will meet with some semblance of Justice in the United States Supreme Court.

  • Although this case was unfortunately dismissed, it could possibly reach the U.S. Supreme Court on appeal. Please refer to:

    http://www.jpost.com/Arab-Israeli-Conflict/US-court-throws-out-655-m-terrorism-judgment-against-PA-466509

    Cases like this are not a waste time and effort because they remind people that the PLO is a terrorist entity. Someday, justice will prevail, and never quit trying.

  • Nancy Brenner

    I found this most recent court decision to be majorly flawed and a huge disappointment. That the US courts continue to deny US citizens, who have been murdered by Iranian & Palestinian terrorists any degree of justice is unfathomable. I continue to be immensely proud of both of beautiful Alisa’s long suffering parents, who have been exemplary models of doing the righteous actions required of a civil society – to hopefully prevent further slaughters. That the US government actively thwarts such appropriate resolution is beyond shameful!

  • Heart Breaking!!! There is no Justice in Obama’s America. God Bless these Families. Our thoughts and Prayers are with you.

  • Rachel Lerner

    It was with immense sorrow that I read about the ruling in the US relieving Iran from paying the $655 million judgement to terror victims families. Being an Argentinian Jew, who is still expecting justice to be reached so long after the AMIA bombing, I truly understand the feeling and the disappointment when these sad developments occur. May HaShem continue to give you strength and wisdom to write your very enlightening articles, and may Alisa´s memory be for ever a blessing for you and your family.

  • Liz Wagner

    One can’t help but guess that someone from inside the Obama administration intervened with the appeals court judge to ensure the case would be thrown out and Iran would not have to pay the $655 million judgment. It’s very sad for the Flatows and all the families who have lost loved ones to the mullahs’ lust for Jewish blood.

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