Loay Alnaji, a college professor and pro-Hamas protester, has denied any involvement in Kessler's death, despite surveillance footage and reports suggesting otherwise.
Alnaji, a professor at Moorpark College, was seen in the video footage hitting Kessler with a bullhorn and rushing towards him before Kessler fell and died, as reported by National Review. However, Alnaji maintains that Kessler was the instigator and that his fall was self-induced, possibly due to a medical condition.
Following a court appearance on Wednesday, Alnaji's defense is under scrutiny. A Ventura County, California judge has ruled that Alnaji, aged 51, will face trial on charges of involuntary manslaughter and battery, according to The Associated Press. Although the preliminary hearing requires a lower burden of proof for the judge to proceed with the charges than is needed for conviction, and Alnaji is presumed innocent until proven guilty, the evidence presented in court appears damning.
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Ron Bamieh, Alnaji's attorney, argued that a brain tumor contributed to Kessler's fall, which resulted in a fatal injury when his skull hit the pavement. However, medical evidence revealed that Kessler's DNA was found on the bullhorn, and some of his injuries were consistent with those inflicted by a bullhorn strike.
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Dr. Othon Mena, Ventura County's assistant chief medical examiner, testified that Kessler had lacerations on his left chin, left upper lip, and left eye, all caused by the bullhorn. Furthermore, Kessler's DNA was found in three areas of the bullhorn, including a bloodstain near its bottom, as per a crime lab technician's testimony, National Review reported.
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Although Alnaji's DNA was not found on the bullhorn, video footage from Kessler's phone showed the defendant holding what prosecutors allege was the weapon just before the attack. Dr. Mena could not definitively determine whether the skull fracture or a tear at the back of Kessler's head resulted from the bullhorn assault or the fall.
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Kessler's death occurred several hours after the attack, which took place during a protest on November 5, 2023. This protest was one of many across the country following the October 7 terror attacks by Hamas on Israelis. Alnaji's case is unique as it marks the first time a pro-Israel voice in the United States has been silenced in the name of pro-Hamas "resistance."
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During the hearing, Deputy Sheriff Briana Vazquez testified that Alnaji claimed Kessler had approached him and that he had used the bullhorn in self-defense after Kessler began recording him. However, other officers reported that two other witnesses — a pro-Israeli protester and a bystander — told a different story, alleging that Alnaji took a "swing" at Kessler before the fall.
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Alnaji's lawyer responded to these allegations by suggesting that the witnesses were "confused" and had different perceptions of the incident. This defense seems to echo the confusion surrounding the pro-Hamas crowd's intentions when they were caught on video chanting, "Hitler didn't want you, Hitler didn't want you, Hitler should've smashed you!" as Kessler was being taken away in an ambulance.