The unjustified prosecution of SCHI founder Rabbi Osher Eisemann is finally over after nearly a decade, after Judge Joseph Paone threw his new trial out before it could reach the jury. The prosecution cannot appeal the decision.
In explaining his decision to toss the case, the judge cited the prosecution’s total inability to show a morsel of evidence that Rabbi Eisemann committed any crime, saying they relied on “eight years of mere speculation.”
From the very onset, the prosecution’s case was splintering. Their opening witness – the lead detective who ran the investigation into SCHI – admitted under cross examination that there had been no crime, and each subsequent witness either confirmed that or said they were not involved in the case.
It quickly become clear that the case against the revered SCHI founder was a senseless vendetta against an upstanding man – a prosecution in search of a nonexistent crime.
On Tuesday, the defense concluded their cross-examination of the state’s final witness, as the state tried to rehabilitate their failing prosecution. After the prosecution rested, the defense filed a motion for the judge to dismiss the case, as the state has so far failed to prove any criminal activity. The judge began hearing the motion about 40 minutes before the court session was set to close. On Wednesday morning, additional arguments were made and the judge granted the motion, bringing the case to a close.
The case revolved around a 12-day loan from the school, which the prosecution claimed was used to promote another crime. However, it had already been established that the loan was made using private funds, not government money, and the lead detective has testified that such a loan was permissible. Furthermore, the second alleged criminal act, a loan write-down, was disputed by the bookkeeper who made the transaction, who explained that it was a simple bookkeeping maneuver, not an attempt to erase a debt.
Forensic audits ordered by the commerce department of the attorney general’s office have also shown that no loan balance existed between Rabbi Eisemann and the foundation, and that the foundation actually owed Rabbi Eisemann money.
Despite this, the justice department refused to consider these audits, disastrously clinging to their theory of a loan and attempted write-down.
The prosecution cannot appeal the judge’s decision.
CHASDEI HASHEM!!
Now, Rabbi Eisemann should file a suit against the State and all individuals involved in this scheme, which forced him to spend his funds on defense despite not committing a crime, that they should be held accountable. The state should reimburse him for all defense expenses, and involved individuals should be barred from engaging in any law-related business.
Hashem always listens to our pleas. Baruch hashem
It’s over