Prosecutors in Eisemann Case Scrambling to Rebuild Case Ahead of Oral Arguments

Prosecutors in the case of SCHI founder Rabbi Osher Eisemann have submitted a letter to Judge Joseph Paone in which they attempt to reconstruct some of the basic details of the case, in a seeming attempt to salvage the last remnants of their case after a string of prosecutorial misconduct was uncovered.

The letter was submitted ahead of oral arguments, after which Judge Paone will decide if he wants to completely toss the case, or if he will let the prosecutors go to trial again on the two remaining charges.

Rabbi Eisemann’s lawyers assert that the case must be tossed on the grounds that prosecutors were allegedly deliberate in their failure to turn over key evidence – an intentional violation of Brady vs. Maryland, and that they hid evidence from the grand jury, ground for the indictment to be tossed based on NJ vs. Hogan.

The prosecution then responded with a 30-page letter, submitted at 5:29 a.m., a day after missing their deadline – which had already been extended by courtesy of the court.

In their letter, Deputy Attorney General Jeffrey Manis – who is the fourth prosecutor to head the case that began with disgraced prosecutor John Nicodemo, made numerous claims that seem to directly contradict previous testimony made by prosecutors and state witnesses on the case.

In one shocking example of a complete reinventing of the prosecution’s theory of the case, Manis wrote in his court filing that it had never been relevant whether Rabbi Eisemann made or directed the entry in question – and indeed there is no evidence to this effect.

Rather, he wrote, the transfer of money to the school itself was criminal, as it would trigger a loan write-down automatically. The rationale? Since it would be self-understood by the bookkeeping department to credit this particular transaction to that particular alleged loan account – and thus, Rabbi Eisemann should be guilty even without having carried out or directed the alleged write-down. This peculiar idea is in direct conflict with statements made previously by prosecutors on the record.

In response to the bizarre new prosecutorial theory, Rabbi Eisemann’s lawyers filed a short response brief.

In their brief, they cite all the on-the-record transcripts where prosecutors previously said counter to their new theory. Additionally, they pointed out that the new letter seems to abandon one of the two remaining counts – misconduct by a corporate official.

Misconduct by a corporate official is when a head of a corporation uses his power to facilitate a crime. Prosecutors previously alleged that Rabbi Eisemann used his position as head of the SCHI foundation to direct the alleged write-down. But now, prosecutors are saying that Rabbi Eisemann did not have anything to do with the transaction – an acknowledgment that totally negates any notion of misuse of his position of corporate official to manipulate the books.

Legal experts who saw the briefs say that the complete departure from the old prosecutorial theory indicates that the state is trying to somehow reincarnate their case, after Judge Paone ruled that they hid evidence from the jury that likely would’ve led to a complete exoneration. Judge Paone’s ruling was held up by a 3-judge appellate panel, and was finalized after the state’s Supreme Court declined to take the case last year.

Interestingly, in sharp contrast to the state’s seeming vendetta against the revered rabbi, with them spending more than seven years and millions of taxpayer dollars in an attempt to send him to prison, Rabbi Eisemann himself has not stopped caring for the special needs children he has devoted his life to. While the prosecution against him works tirelessly to take him down, he is working to make the life of New Jersey’s most vulnerable children better. In fact, he recently undertook a fundraising campaign to further develop Camp SCHI, a crucial summer program for special needs children that offers their families a much-needed reprieve during the summer.

Oral augments on this motion to toss the case are scheduled for March 6. They were previously scheduled for February 20, but were delayed due to a scheduling conflict.

Please continue to daven for Osher ben Chana Frumit.

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12 COMMENTS

  1. Why can’t they just leave this tzaddik alone?! All he ever did was work for special children, and the state of New Jersey just keeps hounding him. I wish we could do something concrete we can do to help him.

    • If you want to help him, I suggest you donate to camp Schi. I met him recently and that was the only thing he was worried about – making sure that he has enough money to open this summer. He doesn’t worry about his case, only about his special children. You can give money at campschi.org

  2. Rabbi Eisenman is a tzaddik of the highest caliber, and these monsters will doubtless pay the price for what they are trying to do to him, whether in this life or the next. Baruch Hashem they seem to be losing!!

  3. Florida Oma: This wonderful tzadik takes care of so many children with medical issues and improves their quality of life. Not only that, look how many people have employment because of the school and the camp. May Hashem grant him a dismissal of his case. May the prosecutors be cited and have to repay all his legal fees and have the book thrown at them for lying and hiding many pieces of info that were supposed to be presented to the opposing attorneys.

  4. Always remember the government has a bottomless wallet in order to go after whomever they want, they have all the power and rarely face any consequences for misconduct. They will double down instead of giving up a losing battle because time and money is on their side, they always hope that you will give up because of the cost and time and they can notch another win.

  5. The prosecutional misconduct is blatant and undermines the faith in the legal system. Innocent until proven guilty is a mere cliche. The system spent our tax dollars aside from the cost needed to defend our beloved Rabbi.

    Even if the aforementioned would not be the case, a Jew litigating against another Jew is mandated to do so exclusively in a Rabbinical court aka Bais Din. A dispensation to use the secular court can only be given by a recognized Rabbinical court in writing and signed by three judges.

  6. I think at this point we can honestly say that the prosecutors know very clearly that this entire case was a mistake.
    They have a different issue now to deal with. If they back off this case now, they are afraid of getting fired, losing their whopper pension and maybe they might even get sued. So we are dealing now with a much bigger picture what is going on in the mind of the prosecutors.

  7. . the city could have widened rt 9, fixed all the broken lights and sidewalks. purchased more school buses, improve the lives of all residents, and numerous other things that would have improved the lives of all lakewood residents with what this insane trial has cost us. why are these people trying to kill this respected gentleman?

  8. There’s time to everyone to write to the Court that this prosecution is a Disgrace.
    Put your comments to help him & SCHI.
    Don’t make excuses. If the Judge gets hundreds of letters – it makes an impression.
    In my opinion, let’s say the Judge orders Probation. I think everyone will go away happy.
    The Defense can live with this. The Prosecution will live with this and won’t appeal. This allows them to save face – that it wasn’t just a Persecution!

Comments are closed.