The Eisemann Persecution

[YitzyS]

I thought double jeopardy is only if proven innocent, not if case is dismissed.

I thought so too, but the judge seemed to say that as long as there was a jury, it would be a violation of double jeopardy. And the defense lawyer told me also that they can't appeal.

I will not be shocked if they file an appeal. They may try to file even if they legally are not allowed to. These people will stop at nothing.

[Euclid]

I thought double jeopardy is only if proven innocent, not if case is dismissed.

From what I understand, if dismissed due to lack of evidence, double jeopardy does not apply.

[smurf]

Double jeopardy is 5th amendment btw

6th is speedy trial, he was giving them 2 reasons not 1

[Baruch]

From what I understand, if dismissed due to lack of evidence, double jeopardy does not apply.

ChatGPT saying it can’t be appealed - In New Jersey, the general rule is that the prosecution cannot appeal a mid-trial dismissal (such as a directed verdict or judgment of acquittal) for lack of evidence. This is due to the Double Jeopardy Clause, which prevents a defendant from being tried twice for the same offense once acquitted.

However, the prosecution can appeal certain pre-trial rulings and some post-trial decisions, such as:

1. **Pre-trial motions:** If the court grants a motion to suppress evidence, the prosecution can often appeal that decision before the trial starts.
2. **Post-conviction motions:** If the defendant is convicted but the court later grants a motion for a new trial or other post-conviction relief, the prosecution may be able to appeal that decision.

In rare circumstances, if a dismissal is based on an interpretation of law rather than a factual determination, there might be limited grounds for appeal, but this is highly specific and would depend on the exact nature of the legal issue involved.

For specific cases or more detailed legal advice, consulting a legal professional in New Jersey would be necessary.

[Euclid]

ChatGPT saying it can’t be appealed - In New Jersey, the general rule is that the prosecution cannot appeal a mid-trial dismissal (such as a directed verdict or judgment of acquittal) for lack of evidence. This is due to the Double Jeopardy Clause, which prevents a defendant from being tried twice for the same offense once acquitted.

However, the prosecution can appeal certain pre-trial rulings and some post-trial decisions, such as:

1. **Pre-trial motions:** If the court grants a motion to suppress evidence, the prosecution can often appeal that decision before the trial starts.
2. **Post-conviction motions:** If the defendant is convicted but the court later grants a motion for a new trial or other post-conviction relief, the prosecution may be able to appeal that decision.

In rare circumstances, if a dismissal is based on an interpretation of law rather than a factual determination, there might be limited grounds for appeal, but this is highly specific and would depend on the exact nature of the legal issue involved.

For specific cases or more detailed legal advice, consulting a legal professional in New Jersey would be necessary.

Maybe they can't appeal, but I think they can still try to prosecute the same "crimes" if they can bring "new" evidence

[Yehuda57]

I thought double jeopardy is only if proven innocent, not if case is dismissed.

IINAL but FWIU- They can appeal a question of law, not a finding of fact. The judge dismissed here because of lack of evidence, or in other words, based on the facts. He is serving as the finder of fact, saying we don't even need to get to the jury as looking at the facts presented *in the light most favorable to the prosecution* there is no question of whether or not he is guilty. That cannot be appealed.

[Yehuda57]

Maybe they can't appeal, but I think they can still try to prosecute the same "crimes".

No, they prosecuted and didn't provide enough evidence. They don't get a second bite of the apple

[Baruch]

https://lakewoodalerts.com/chasdei-hashem-trial-of-schi-founder-rabbi-osher-eisemann-thrown-out-by-judge/

Video 1: lawyer says can’t be appealed
Video 2: Eisemann saying Nishmas

[Pony]

https://newjerseyglobe.com/judiciary/judge-dismisses-case-against-lakewood-rabbi-leaving-opia-with-another-stain/

[EliJelly]

I will not be shocked if they file an appeal. They may try to file even if they legally are not allowed to. These people will stop at nothing.

Who has the final decision on that, not the state's AG? Why would he enrage an entire community now for a failed case he inherited?

[efflpetzel]

It may take time (sometimes too long) but have faith in our legal system.

Are you kidding

This just shows how broken our legal system is.

The only reason he's not in jail is because he courageously refused to take a plea deal & a community that fundraised millions for his defense team


who knows how many thousands of people throughout the Country are sitting in jails after being forced to plead guilty for lack of other choice.

the justice system is beyond corrupt with zero accountability.

[YitzyS]

Who has the final decision on that, not the state's AG? Why would he enrage an entire community now for a failed case he inherited?

You could've asked that after they pushed and pushed and pushed for nearly a decade.

The first judge sentenced him to 60 days in prison. Why did they appeal then??? They could've taken their conviction and gone home happy. They will push their limits until they have no other recourse.

[EliJelly]

You could've asked that after they pushed and pushed and pushed for nearly a decade.

The first judge sentenced him to 60 days in prison. Why did they appeal then??? They could've taken their conviction and gone home happy. They will push their limits until they have no other recourse.

Wow, infuriating!

[Baruch]

Are you kidding

This just shows how broken our legal system is.

The only reason he's not in jail is because he courageously refused to take a plea deal & a community that fundraised millions for his defense team


who knows how many thousands of people throughout the Country are sitting in jails after being forced to plead guilty for lack of other choice.

the justice system is beyond corrupt with zero accountability.

this is the only issue that Republicans and Democrats both agree. This Country needs an overhaul of the Justice system asap

[Pony]

Seudas Hodah tonight in Bais Faiga.

[HudZ]

There will be a Seudas Hodaah tonight in Bais Faiga at 9:30PM with the Hishtatfus of the Roshei Yeshiva and Rabbanei Hair!

[Yehuda57]

@Mods, can we add "{Update: DEAD!}" to the title?

[YitzyS]

"Cuz they Hashem kill a zombie kill a hollow rakimo"

Yes, that is how Google Voice transcribed the beginning of their message...

So one prosecutor is a zombie and the other is a hollow.

[ari3]

https://newjerseyglobe.com/judiciary/judge-dismisses-case-against-lakewood-rabbi-leaving-opia-with-another-stain/

"We are tremendously disappointed that the Court would prevent the jury from deciding this case, despite the extraordinary standard that applies to such motions. It is especially unfortunate that the Court ruled before, rather than after, a jury verdict, leaving the State no legal recourse,” said First Assistant Attorney General Lyndsay V. Ruotolo.  “Our important work continues beyond this individual case, and we remain committed as ever to tackling corruption or fraud when we confront it.”

From the attorney general office itself that they have no legal recourse and cannot appeal.

[elazarb]

we remain committed as ever to tackling corruption or fraud

ahem  ..קשוט עצמך