Prosecutors Beg Supreme Court To Take Eisemann Case Despite Glaring Flaws

In a last-ditch effort to force an immediate prison sentence on Rabbi Osher Eisemann, prosecutors have asked the New Jersey Supreme Court to take the case of the SCHI founder, hoping they can overturn the now-affirmed ruling that granted him a new trial.

A month ago, the New Jersey Appellate Division ruled unanimously that a trial judge was right to toss the convictions and order a new trial, based on newly discovered evidence and the prosecutors’ violation of the Brady Act. But prosecutors are now asking the state’s highest court to accept the case and to correct “fatal flaws” that they say the appellate panel made.

As has been their modus operandi in previous appeals briefs, the state’s AGs spun a narrative of deceit, shamelessly omitting critical details of the case in order to paint the appellate decision as being ridiculous. For example, the prosecutors wrote that the defense should have spoken to the bookkeeper themselves before trial, and therefore the evidence should not be considered newly discovered. However, they neglected to share the critical point in the judge’s ruling: that the prosecutors only revealed during the trial which entry was the allegedly criminal one, and thus it was too late for the defense to start tracking down who made that entry. The judge wrote that finding the bookkeeper in the short time period “demanded a Herculean effort,” something that the prosecutors completely left out of their narrative.

Prosecutors also implied that the defense should’ve guessed which entry they were referring to, something that four judges considered implausible. As the trial judge pointed out, there were 342 ledgers with the same exact prefix to the one that held the allegedly criminal entry, so it was not possible to track it down until the prosecutors revealed it after the onset of the trial.

The defense can now submit a response brief to the prosecutors’ motion, to argue why the case does not warrant review from the state’s highest court.

The court only takes about five percent off all cases presented to them each year.

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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