In a court session to determine the next steps following an appeals court’s denial of prosecutors’ attempts to overturn Judge Joseph Paone’s order for a retrial in the case in SCHI founder Rabbi Osher Eisemann, Judge Paone tore into prosecutors over their failure to hand over exculpatory evidence.
Prosecutors hid the identity of the bookkeeper who made a QuickBooks entry upon which the prosecution rested its entire case that Rabbi Eisemann stole funds from SCHI. When the defense team discovered her identity, they contacted her and she confirmed that the entry had nothing to do with any sort of loan to Rabbi Eisemann. In fact, no such loan had ever existed.
Judge Paone ordered a new trial based on this exculpatory new evidence, an order which the prosecution appealed, but was denied. Prosecutors are now appealing to the state Supreme Court, but in the meantime, court proceedings are moving ahead for a retrial, which Paone has now scheduled for August.
In a courtroom session last Thursday, Judge Paone ripped apart prosecutors for hiding Exhibit F, which includes the identity of the bookkeeper and other potentially exonerating information, and demanded that they turn it over to the defense counsel. Prosecutors are now going to other judges begging for a stay so that they don’t have to turn that information over.
Why? What are they hiding?