A New Jersey Appellate Court has announced Rabbi Osher Eisemann will receive a new trial, after it declared the prosecution held back evidence.
The appeals court affirmed both of the reasons that a new trial was warranted, the discovery of new evidence as well as the prosecution’s Brady Act violation for not disclosing the evidence at trial.
Furthermore, the appeals court ruled that the judge was right for ordering a new trial even without first holding an evidentiary hearing, despite the prosecutors saying otherwise.
“Having considered the parties’ arguments and applicable law, we affirm because the motion judge did not abuse his discretion in granting defendant a new trial,” the 20-page appellate decision reads.
The decision follows the brief oral arguments which were heard last month.
The Appellate Division was asked to decide whether to uphold the decision of Judge Paone, and affirm that Rabbi Eisemann is entitled to a new trial, or they can Ch”v overturn the decision and send the case directly to sentencing.
Prosecutors have previously asked for a 12-year prison term.
In July of 2022, Judge Joseph Paone dismissed Rabbi Eisemann’s convictions and ordered a new trial, saying that new evidence was sufficient to impact the jury and that the prosecutors had violated the Brady Act by withholding that evidence.
Following the decision, the prosecutors were publicly criticized by politicians for the withholding of evidence, with some calling for accountability for corrupt activity.
Weeks later, Deputy Attorney General John Nicodemo, who served as the chief prosecutor during the Eisemann trial, was removed from the case.
The state Attorney General’s Office will be appealing to the state Supreme Court.
However, it is unlikely that the state’s highest court will agree to hear their case, as the Court only hears about five percent of all cases presented to them.
The sole testimony to the alleged criminal activity presented by the state during the initial trial came from a detective who simply read QuickBooks logs and surmised that there was some sort of wrongdoing.
Now, though, that testimony is being challenged by the only eyewitness, a former bookkeeper of SCHI, who entered the QuickBooks entry, which directly debunks the state’s theory of wrongdoing.
The court’s confirmation of the state’s Brady Violation is the latest in a string of scandals facing the Attorney’s General’s Office of Public Integrity and Accountability (OPIA), which is the department of the AG’s office that is prosecuting Rabbi Eisemann.
Rabbi Eisemann’s prosecutors, John Nicodemo and Anthony Robinson, are members of this department, which is directed by Thomas Eicher, and his Deputy Director, Anthony Picione.