FIRST REPORT: Eisemann Prosecutors Formally Request State Supreme Court to Hear Their Case

Prosecutors in the case of SCHI founder Rabbi Osher Eisemann have filed a motion to New Jersey’s highest court Friday, asking the court for leave to appeal the decision that overturned the guilty verdicts in the much-followed case.

Last year, Superior Court Judge Joseph Paone ruled that new evidence that arose likely would’ve changed the jury’s verdict, thus warranting a new trial for the revered SCHI founder. Additionally, Paone ruled that prosecutors knew about that evidence before the 2019 trial, yet they withheld it from both the jury and the defense, thus violating the Brady Act and providing an additional reason why a new trial was warranted.

Prosecutors appealed that decision to the state’s Appellate Division, but the 3-judge panel unanimously sided with Rabbi Eisemann, in a decision released in May.

On Friday, the prosecutors filed a motion to the NJ Supreme Court, asserting that the trial judge and the appellate panel made errors that necessitate review by the high court. Prosecutors pressed the urgency on the court, claiming that this case would be an opening for issues in the future, as the withheld evidence was a QuickBooks audit trail, and if they were mandate to overturn such evidence, it would set a precedent which would be hard to sustain in today’s digital age.

“The panel adopted a brand-new Brady requirement that risks havoc in the digital age, particularly in financial prosecutions,” prosecutors wrote in their brief. Later, they expounded: “Clarity is thus needed from this Court, particularly in an age when law enforcement is increasingly reviewing a defendant’s own electronic data.”

It is unclear why the prosecutors are implying that this sort of data is new, as QuickBooks, an accounting software created by Intuit, has been developed more than 40 years ago.

Prosecutors also point to gross repercussions from this case, though the appellate decision was an unpublished decision, which is precluded from being used as a precedent for future cases.

The defense now has 10 days to respond with a motion of their own.

It is unlikely that the high court will accept the case, as they only take on less than 10 percent of cases petitioned. According to the state court’s website, “the Court receives more than a thousand petitions each year, and only accepts about one hundred of them.”

 

A personal message from Rabbi Osher Eisemann on the seventh anniversary of the Attorney General’s raid of SCHI

June 29, 2016 remains in my memory. On that day, exactly seven years ago, approximately 200 heavily armed agents burst into the SCHI school, as well as my home in Lakewood, setting into motion a saga of ups and downs throughout the years.

I would like to publicly thank Hakadosh Boruch Hu for giving me the strength and siyata dishmaya throughout this time. I would also like to take this opportunity to express my deepest appreciation to the thousands of supporters that stand by me, through davening, good deeds, and monetarily.

Now, seven years later, as the prosecution continues to be relentless and is appealing the enormous win that we b”H had in the courts, I would like to channel all the anguish and frustration into something positive that will be a tremendous zechus for me.  As you may know, aside from the work at SCHI, I have undertaken a special program during the summer months to help special needs children and their families. Families of special needs children are constantly consumed by the care of their children, and there is a crucial need of respite during the summer months to rejuvenate.  As many of you already know, Camp SCHI is currently expanding and is in urgent need of funds.

I am greatly indebted to all those that can help in this colossal undertaking.  To join and to see more about Camp SCHI visit causematch.com/rabbieisemann

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20 COMMENTS

  1. one of the clear signs of a government gone off the deep end are those prosecutors who are emboldened by their connections and keep on coming back with the same hash as if they are sure that their “friends” in the Judiciary will go along with the game or face prosecution themselves

  2. Can someone explain, what happens if the Supreme Court doesn’t take on the case? What is their next plan? Can they still request a new trial? Or do they forfeit their right to request a new trial?

  3. this is getting more ridiculous and more costly as time goes on. these prosecutors dont have enough to do. maybe they need another case with which to occupy themselves. the antisemitism is so blatant. why arent they being prosecuted for hate crimes which the public’s taxes are paying for?

  4. Of course this is so unfair. But he’s not the first and not the last person who has dealt with the Justice system, hundreds have, and got off a lot easier by cutting a Plea deal. No, it doesn’t mean your guilty, it means you had enough. How many millions will be spent for the sake of not cutting a plea deal with an uncertain outcome at the end??

    • That is why the corrupt prosecutors get away with it, everyone usually lets them. This is good, fighting back against the corrupt scum. Sadly prosecutors have immunity from what ever they do. Thankfully elected officials don’t, if elected officials dont fire corrupt proecuters they should be voted out of office.

    • Yes, many times a plea deal is the easiest way to go. But in this case when they were out to get him at all costs, as is evident now, and being he’s a public figure entrusted with public funds, it would look bad and have repercussions. That’s why it was a big shaila and the psak was not to enter into a plea deal.

    • when someone does something wrong then they enter a plea bargain to get off easier and the state is happy that he hopefully learned his lesson, but the Rabbi’s done nothing wrong!! so what is he bargaining for? he is INNOCENT! the state has no proof because there’s nothing to prove! so why should he bargain? would you sell your house to an investor @ 50% off just because he also needs to make a living? or would you tell him to find an honest way to pay his bills? who can bring this issue up with our elected officials? let the prosecutors keep on prosecuting real criminals and let the Rabbi keep on helping our children!

      • Is That’s so? Only the guilty cut plea deals? Rather ignorant. Some people are pragmatic especially when they have to use other people’s money which can be used to better purposes and don’t stand on ceremonies? Cutting a plea deal when you’re not guilty is far easier, you get off with a slap on your wrist…. The reason the prosecutors are pursuing this is because they cannot take a loss, the longer this drags on more desperate they are to get a guilty verdict. It is not anti-semitism it simply worrying about their careers. Claiming that you asked a shailah, does not hold that much water especially when the situation changes constantly…

        • At this point there’s no option of a plea deal because the verdict was overturned, if he’s retried they can make a deal. And what about the prosecutors spending other people’s money to keep going at this? Do we even know if any decent plea deal was offered? Don’t assume everyone can get a deal with no jail time just because Hunter Biden did for worse crimes.
          And I would assume that daas Torah is being asked at every step, not just once a long time ago

        • there are 3 points here:
          1- you admit that he is innocent
          2- you admit that the prosecutor is only trying to save face because he obviously made a career mistake
          3- you claim that because people have donated to the defense costs he MUST plea bargain

          maybe it is in the best interests of all those donors and the community that he does NOT plea bargain? so that this should NOT happen again? those who donated did not ask to be active in the defense strategy, why are you? did you donate? did you got to the prayer? if you still feel that you have a clear legal strategy why don’t you reach out to the lawyers? you are afraid they won’t be interested in your uneducated opinion? then why should we?

  5. @ Itchy,

    The trial court judge granted a new trial.

    The Prosecutors appealed this decision as they wanted to keep the previous guilty conviction and go straight to sentencing.

    The Appellate Division denied the Prosecutor’s appeal, and upheld the trial court’s ruling that a new trial – based on the new evidence – is granted.

    This decision is a disaster for the Prosecutors, as if they do go for a new trial based on the new evidence, it is most likely that a jury will find Rabbi Eisemann completely innocent.

    Therefore, the Prosecutors are appealing to the State Supreme Court to review the decision and toss it out, and permit the case to go straight to sentencing.

    If the Supreme Court declined to take the case (as is most likely), then the Appellate Division’s ruling will remain in place.

  6. Corrupt prosecuters doubling down because they don’t care about truth or justice all they care about getting whomever they go after.

  7. Eisemann Prosecutors Formally Request That State Legislature Impeach Them
    Prosecutors working on behalf of the NJ Attorney General’s office in the case of SCHI founder, Rabbi Osher Eisemann, have filed a motion to the NJ State Legislature demanding that they be impeached for “high crimes and misdemeanors” in their “crooked prosecution attempt” of Rabbi Eisemann.
    “If the State Legislature refuses to do its job of impeaching us for engaging in a crooked prosecutorial inquisition, we will have no choice but to hand in our formal resignations and to request that the higher-ups press criminal charges against us,” the prosecutors wrote in the motion. “We deserve significant jail time for hiding evidence that would clearly exonerate this innocent man of all charges. Hence, we are pleading with you, please impeach us, or let the feds charge us for the crimes we’ve committed, and then lock us up for a significant period of time. Please trust all of us when we say ‘we deserve it’.”
    It is highly unlikely that the State Legislature will heed the prosecutor’s motion, as crooked prosecutors are rarely punished for their criminal misconduct. Nevertheless, the hope is that this time around, the better angels will prevail, and a group of corrupt and crooked prosecutors will finally get their due punishment.

  8. The prosecutors need to do this because as it stands they withheld exculpatory information, therefore the Rabbi can sue them. Which we all hope he does. As this a politically motivated case that has now taken a life of its own and coming back to bite the prosecutors office hard. The community stands behind the Rabbi andwhatever it costs we are there for him.

  9. The contrast between this צדיק and these lowlife prosecutors has never been more blatant. Even on the צד that he did something wrong, does it deserve this kind of aggressive never ending “we must get him at all costs” treatment. This is clearly personal for the prosecution. They want to see this man who represents the best of society as the result of being a G-d fearing ultra orthodox Jew, torn apart and treated like a perverted criminal. And to top it all off they are wasting zillions on tax payer money to hound and destroy a remarkable citizen that should be honored and held up as an example for what could people could accomplish.

  10. Shame on the scoop for only posting replys supporting this person. Just because i support the prosecution in their efforts to enforce the laws we must ALL follow, my previous post was not posted.

Comments are closed.