The legal team defending SCHI founder Rabbi Eisemann later today will file their response to the state’s request for a “leave for appeal,” which the prosecution submitted earlier this month asking the Appeals Court to review Judge Joseph Paone’s decision to vacate the conviction against Rabbi Eisemann.
The prosecution is claiming in their appeals brief that the judge did not have a right to order a new trial without first holding an evidentiary hearing to explore the new evidence.
“In any event, the judge should have never ordered a new trial without first holding an evidentiary hearing to examine the veracity of” the new evidence, their brief said.
However, someone close to the defense team tells TLS that Rabbi Eisemann’s brief will note that the prosecutors themselves have been pushing all along not to hold an evidentiary hearing.
“The state’s eleventh-hour request for an evidentiary hearing also fails to provide a basis for granting leave to appeal,” the source said.
“Over the course of many months, the state made its position on an evidentiary hearing clear, loudly proclaiming: a “hearing is not necessary,” he continued.
He also provided a transcript from an earlier court hearing, which clearly backs up the defense’s argument.
“THE COURT: Okay. So do you – do you agree with the conclusion that an evidentiary hearing would not be warranted. [STATE]: I agree with that, Your Honor.”
Today’s brief is the final step before the appeals court will decide if they should allow arguments on this appeal, or deny it outright.
Please continue Davening for Osher ben Chana Frumet.