The New Jersey Appellate Division is set to hear the case of SCHI founder Rabbi Osher Eisemann Tuesday morning, the sole hearing before the panel issues a ruling on the beloved Lakewood resident’s fate.
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 publically 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.
Despite public outcry, the prosecutors have filed an appeal on Paone’s decision.
They asked the Appellate Division to overturn the decision that tossed the convictions, and to force a prison sentence on Rabbi Eisemann. In September of last year, the Appellate Division agreed to hear the case.
Tuesday morning, after a lengthy exchange of legal briefs, the three-judge appellate panel will finally hear the case.
This will be the only time that the judges will hear directly from the lawyers, both the prosecution and the defense, before they issue their decision.
The hearing is a truly critical point of the case, and the entire future of the revered SCHI founder can hinge on tomorrow’s hearing.
The Appellate Division can decide 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.)
The hearing will take place before a 3-judge panel at the NJ Appellate Division in Trenton, and is set to begin at 9:30.
The roshei yeshiva and rabbonim have put out a call for the community to say Tehillim tonight and tomorrow for Osher ben Chana Frumit.
An atzeres tefillah will be held tonight in Bais Medrash Govoha’s Ateres Esther, downstairs from Bais Yitzchok, at 10:30.
All this while real criminals get set free and our taxes go through the roof to pay for this רשעות .
i don’t think it would be a wise move for our officials to avoid a retrial because obviously there are grounds to suspect a mistrial and the State of NJ cannot be stuck with this mess down the line so tomorrow or next year the new powers that be who rise up the ladder will eventually destroy the careers and delete the history of those who persecuted an innocent Rabbi on incredulous charges and fractional evidence
IYH. However we must do our Hishtadlus!