New Jersey Superior Court Judge Joseph Paone has issued an order granting a new trial for SCHI founder Rabbi Osher Eisemann, people involved in the case tell TLS.
At a hearing on Friday, Rabbi Eisemann’s legal team presented new evidence which they said exonerated the beloved Lakewood resident, and asked for a new trial in light of that.
In addition, defense attorney Lee Vartan made the case that prosecutors knew about the evidence and withheld it from the defense.
In his ruling, the judge noted that the defense’s argument that the newly discovered evidence “would probably lead to a different result” if shown before a new jury.
However, the judge maintained that the prosecution did not engage in “willful misconduct” or that it intended to withhold the information, which would have resulted in the case being dismissed “with prejudice” and will therefore instead head to a new trial, barring an appeal from the prosecution.
Please continue Davening for Osher ben Chana Frumet.
Chasdei Hashem!!! This should be the beginning of the complete Yeshuah!!
Is this good ?
It is better than good.
Hopefully the prosecutor will be found guilty of a violation of the Brady Act.
Hodu Lashem Ki Tov!
B”H!! Let us hope that the prosecution realizes that the don’t have a case and decides to drop the charges!
They have spent Millions so far, and have made R’ Eisemann spend Millions as well!! Let them focus their time on real criminals!!
A member of the prosecution team issued a statement today saying as follows: “Withholding evidence is nothing new; prosecutors do it all the time because ultimately we are getting paid to prosecute, not to let an innocent man off the hook just because he is not guilty.”
“We do the job we are getting paid for, and the court should refrain from interfering with our judicial right to prosecute as we deem fit – albeit crookedly – even it doesn’t smell right to you.”
“We regret the judge’s decision to grant a new trial to the unconscionably tainted and totally innocent defendant.”
“We will continue our practice of withholding evidence, as is our constitutional right – and we will continue to fight for the rights of prosecutors all across the land to prosecute with all the conniving methods that have been used since time immemorial.”
“Thank you.”
‘barring an appeal from the prosecution’, Guys keep Davening.
This can trigger a serious issue. The APP might have a heart attack. Can someone please call ASAP 911 and send them to the APP head quarters in Neptune NJ.
Please call, this is a real emergency.
Why cant these judges have some guts and go all the way? They just seem to always split their rulings – first allowing him to be found guilty of money laundering with money that was never stolen, and now claiming there was no “willful misconduct” by the state.
The defense never alleged any willful misconduct. There is no way to know why they didn’t share it. So there was no reason for the judge to go further than the defense asked for.
@commonsense I could not agree more. While murderers and thugs walk around freely “our” government is busy being rodef this tzadik who has done maasim tovim that even the liberals should appreciate, in the form of taking care of disadvantaged children. Shame on the government officials who don’t call an end to this once and for all.
This happened on the 13th of Tammuz. Last night, I wrote to the Ohel of the Lubavitcher Rebbe, asking that since the 12 and 13th of Tammuz are the “holiday of Liberation” of the Frierdiker Rebbe (the 13th of Tammuz being the day of the actual liberation) and since the Rebbe always called it a day in which all were saved due to the renewal of chinuch efforts after, underground in Russia and foundational in America, that the Rebbe bless R’ Osher ben Chana Frimet with cheirus on this day. Am so glad to see the results, as has been the case so many times.
@YMSP, Have you entertained the possibility that maybe the רבש”ע had something to do with it?
Exactly.
Very well said.
Thank you.
“Thank You Hashem”