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.