The prosecutor has appealed the order by New Jersey Superior Court Judge Joseph Paone granting a new trial for SCHI founder Rabbi Osher Eisemann, TLS has learned.
The appeal follows a series of reports calling out the prosecutor for multiple instances of misconduct which also resulted in Senator Cryan calling for legislation to hold state prosecutors accountable.
The appeal filed today is known as an interlocutory appeal, which means they are not appealing a final judgment, but rather a ruling in an ongoing case, as the judge did not dismiss the case entirely, but rather ordered a new trial.
An interlocutory appeal is generally less likely to be reviewed and granted by the appellate court, as it is not contesting a final verdict.
It should be noted that although the appeal was filed today, the prosecution did not yet submit the brief outlining their reasons for the appeal, and instead asked the appellate division to grant them another 15 days so they can provide their reasons for appealing.
It remains to be seen if Judge Paone will postpone the retrial for the duration of the appeal or continue with the preparation for trial, with a pre trial conference still scheduled for August 9.
Please continue to Daven for Osher Ben Chana Frumet.
The prosecutor’s needs an other 15 days so they can make up more lies!!!!
רשעים אפילו על פתחו של גיהנם אינם חוזרין
Unreal how משוגע לאותה דבר this prosecutor is.
The Sinas Yisroel is just unbelievable.
All this while rampant violent crime keeps rising as the system became a revolving door for the worst of the worst.
Rather they spend their time and resources so that the finest and best of society are put through this misery!
Please continue to daven for him and learn/do mitzvos for him. Hashem can and will do and is in charge and has ordained that Torah and Mitzvos change any decree, Rachmana Litzlan. The evil of the other side, which is dark beyond belief, must serve as a wakeup call to never, ever stop doing good and trying to save him and all of Klal Yisroel. The vicious verdict was righteously thrown out on the 13th of Tammuz, the same day that Rabi Yosef Yitzchok of Lubavitch was freed from the clutches of the KBG, ym”sh. The Aibershter wants us to fight this evil, relentlessly, with prayer, Teshuva and good deeds, tzedoko, with even more vigor than the ruthless enemies, who we will defeat with Hashem’s help.
What’s the kesher?
There are certain days that are better for certain things than others – see תענית כט א
The whole idea of a “Purim Koton” was first brought in halacha referring to marking a day that had a nes for a particular community, as every year there are brochos brought down on that day. In other words, if a city was saved on the 9th of Tammuz, that day will be special for them, and bring down brochos every year, almost like a miniature private “Purim.” (The fact that the same term is used to describe Purim Koton of Adar Aleph is actually based on the same reasoning, that it’s a blessed day for all the Jews). Based on that, and on Bava Basra 116a’s instructions to daven to Hashem directly for help but then to ask a Chochom to daven as well, and other places in Talmud that mention the benefits of davening at graves of the righteous (Taanis 16a saying that the righteous will then ask in Gan Eden for mercy for the person, Sukkah 34b re Calev beseeching the Avos for help), I sent a message to the gravesite of the Lubavitcher Rebbe on the evening before the 13th of Tammuz mentioning how the next day was the day that his father in law, Rebbe Yosef Yitzchok, was freed from the KGB ym”sh and may he daven for R’ Osher ben Chana Frumet to be saved then as well, from their modern day incarnation. I was pleased that the case was overturned exactly on that day. This is the 9 days. It is an opposite time (same Gemara Taanis 29a), so they appealed. The healing came before the cure הקב”ה מקדים רפואה למכה, the case was overturned on a day of brochos in exactly this inyan, freedom for those who fight for chinuch. Some have written to only beseech Hashem, but these Gemaras show that Chazal also say that Hashem will send brochos in a stronger way when also going to kivrei Tzaddikim. They brought Hashem more out in the world, so Hashem answers them in an even stronger way. The Gemara (based on Bava Basra 116a) seems to tell us to first ask from Hashem ourselves and following that, then to ask Tzaddikim to pray as well (Bava Basra refers to a living Tzaddik, Taanis 16a applies it to Tzaddikim in their kever, but doesn’t give the order of prayer – from the two Gemaras you understand to first pray yourself and then to ask and the Gemaras on kivrei Tzaddikim are especially important in this dor yosom when live true Tzaddikim are harder to find).
Can this overlyzelos prosecutor be recalled?