Author Topic: The Eisemann Persecution  (Read 22821 times)

Online zh cohen

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Re: The Eisemann Persecution
« Reply #140 on: August 01, 2024, 02:03:16 PM »
double jeopardy is not in the 6th but rather the 5th amendment

Can't tell based on the transcript, but the judge may have been making two separate points, 1 - dragging the process out further would be a violation of the 6th amendment, and 2 - double jeopardy.

Online gogreen

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Re: The Eisemann Persecution
« Reply #141 on: August 01, 2024, 03:31:12 PM »
Official transcript:


Is the full transcript publicly available?

Offline gmd

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Re: The Eisemann Persecution
« Reply #142 on: August 01, 2024, 03:32:06 PM »
Can't tell based on the transcript, but the judge may have been making two separate points, 1 - dragging the process out further would be a violation of the 6th amendment, and 2 - double jeopardy.

 That is how I understood it from reading the transcript

Offline YitzyS

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Re: The Eisemann Persecution
« Reply #143 on: August 01, 2024, 04:19:44 PM »
Is the full transcript publicly available?
-1

Offline YitzyS

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Offline WayBackMachine

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Re: The Eisemann Persecution
« Reply #145 on: August 03, 2024, 09:41:18 PM »
-1
-1 = True
in SQL at least I'm not sure about DDF

Offline YitzyS

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Re: The Eisemann Persecution
« Reply #146 on: August 03, 2024, 09:50:12 PM »
-1 = True
in SQL at least I'm not sure about DDF
-1

Offline yelped

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Re: The Eisemann Persecution
« Reply #147 on: August 04, 2024, 12:33:10 AM »
https://newjerseyglobe.com/judiciary/lakewood-rabbis-lawyer-demands-investigation-of-opia-after-botched-trials/
I noticed gaslighting has become mainstream recently. People used to be ashamed to do that (unless they were communists in Russia).

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Re: The Eisemann Persecution
« Reply #148 on: August 04, 2024, 01:41:34 AM »
I noticed gaslighting has become mainstream recently. People used to be ashamed to do that (unless they were communists in Russia).

He seems to think that way too:
https://yated.com/evil-sheker/

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Online Chester7

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Re: The Eisemann Persecution
« Reply #150 on: August 05, 2024, 11:01:05 AM »
Is there a video of the judge throwing out the case?
@YitzyS

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Re: The Eisemann Persecution
« Reply #151 on: August 05, 2024, 12:50:40 PM »
Is there a video of the judge throwing out the case?
@YitzyS
No, only audio and a transcript

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Offline YitzyS

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Re: The Eisemann Persecution
« Reply #153 on: August 05, 2024, 02:30:54 PM »
https://www.nj.com/news/2024/08/the-case-was-quickly-tossed-now-lawyers-for-nj-rabbi-want-probe-into-why-it-was-started.html

The case against N.J. rabbi was tossed. Now his lawyers want probe into why it was started.

By Ted Sherman | NJ Advance Media for NJ.com
The trial was thrown out before it ended.

“The evidence presented in the state’s case,” said Superior Court Judge Joseph Paone in New Brunswick, “is insufficient to warrant a conviction.”

And with that, he entered a judgment of acquittal in the corruption trial of Lakewood Rabbi Osher Eisemann, who was charged with pocketing funds from his private school for children with developmental disabilities.

As a prosecutor stammered seeking a stay, the judge interrupted him. “Did you ever hear of the Sixth Amendment?” he asked, referring to the rights of the accused. “This case is over.”

Days after the case was dismissed, lawyers for Eisemann are now calling for the New Jersey Attorney General’s office to investigate the decisions its prosecutors made in a years-long pursuit of the rabbi.



Former federal prosecutor Lee Vartan, who represents Eisemann, accused the state’s Office of Professional Integrity and Accountability, or OPIA, of “a shocking disregard for both the facts of the case and the law.”

In a letter Friday to Acting Attorney General Lyndsay Ruotolo, he called for an immediate investigation who authorized the prosecution to continue and why OPIA did not follow the state’s own guidelines regarding evidentiary rules and mandatory disclosure obligations to the defense.

“OPIA has a history of slipshod and failed investigations and unethical prosecutors who courts have found violated defendants’ rights,” Vartan said.


Eisemann, 67, the founder and director of the School for Children with Hidden Intelligence in Lakewood, was charged in 2017 of using a private foundation to launder thousands in public tuition funds.

Convicted two years later, he was granted a new trial after questions were raised over the failure to turn over key evidence to the defense that might have exonerated him. According to court filings, the defense had not seen exhibits showing that a bookkeeper had been responsible for a $200,000 accounting software entry error that formed the basis for the allegations against the rabbi.

In his retrial, which began July 9, new cracks in the case appeared.

Vartan noted that an outside accountant for the rabbi’s foundation who was brought in to testify as a state witness said the books and records the state relied upon were “garbage.” Another former accountant, also a state witness, called the state’s entire theory of prosecution “wrong.” And Thomas Page, the lead case detective, testified that there was no crime and he did not know why the trial was proceeding.


Shortly after Page testified, the judge added his own concerns about the matter, agreeing that the ledger entries that appeared to write down a loan obligation were nothing more than a bookkeeping error.

“The easiest course of action for me today would be to just let this case go to the jury,” said Paone. “But I have a professional and ethical obligation to rule when called upon.”

Vartan said not only did the case detective testify that there was no crime, but that because prosecutors knew the bookkeeper who made the mistake agreed, they deliberately refused to call her as a witness to keep her testimony from the jury.

“OPIA sought to convict Osher Eisemann by perpetrating a fraud on the court and jury,” he said. “That requires immediate investigation.”

A spokeswoman for the Attorney General’s office complained that Vartan’s letter “cherry picks from numerous motions and transcripts and does not reflect the overall litigation of a case that spanned multiple administrations and was tried twice.”


She defended the Office of Public Integrity and Accountability, noting that it handles “important, complicated, and sensitive cases” through the work of attorneys and investigators who “perform this work knowing that they may be criticized by powerful and influential people.”

Eisemann’s attorneys had every incentive to raise concerns with the court, which it did at every turn, she added, without the court expressing concerns about the prosecutors or the Attorney General’s office.

“We recognize that no prosecutor or agent is infallible, and when legitimate concerns are identified, we review them and if necessary, address them,” she said.

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Re: The Eisemann Persecution
« Reply #154 on: August 05, 2024, 03:32:54 PM »
https://www.nj.com/news/2024/08/the-case-was-quickly-tossed-now-lawyers-for-nj-rabbi-want-probe-into-why-it-was-started.html

The case against N.J. rabbi was tossed. Now his lawyers want probe into why it was started.

By Ted Sherman | NJ Advance Media for NJ.com
The trial was thrown out before it ended.

“The evidence presented in the state’s case,” said Superior Court Judge Joseph Paone in New Brunswick, “is insufficient to warrant a conviction.”

And with that, he entered a judgment of acquittal in the corruption trial of Lakewood Rabbi Osher Eisemann, who was charged with pocketing funds from his private school for children with developmental disabilities.

As a prosecutor stammered seeking a stay, the judge interrupted him. “Did you ever hear of the Sixth Amendment?” he asked, referring to the rights of the accused. “This case is over.”

Days after the case was dismissed, lawyers for Eisemann are now calling for the New Jersey Attorney General’s office to investigate the decisions its prosecutors made in a years-long pursuit of the rabbi.



Former federal prosecutor Lee Vartan, who represents Eisemann, accused the state’s Office of Professional Integrity and Accountability, or OPIA, of “a shocking disregard for both the facts of the case and the law.”

In a letter Friday to Acting Attorney General Lyndsay Ruotolo, he called for an immediate investigation who authorized the prosecution to continue and why OPIA did not follow the state’s own guidelines regarding evidentiary rules and mandatory disclosure obligations to the defense.

“OPIA has a history of slipshod and failed investigations and unethical prosecutors who courts have found violated defendants’ rights,” Vartan said.


Eisemann, 67, the founder and director of the School for Children with Hidden Intelligence in Lakewood, was charged in 2017 of using a private foundation to launder thousands in public tuition funds.

Convicted two years later, he was granted a new trial after questions were raised over the failure to turn over key evidence to the defense that might have exonerated him. According to court filings, the defense had not seen exhibits showing that a bookkeeper had been responsible for a $200,000 accounting software entry error that formed the basis for the allegations against the rabbi.

In his retrial, which began July 9, new cracks in the case appeared.

Vartan noted that an outside accountant for the rabbi’s foundation who was brought in to testify as a state witness said the books and records the state relied upon were “garbage.” Another former accountant, also a state witness, called the state’s entire theory of prosecution “wrong.” And Thomas Page, the lead case detective, testified that there was no crime and he did not know why the trial was proceeding.


Shortly after Page testified, the judge added his own concerns about the matter, agreeing that the ledger entries that appeared to write down a loan obligation were nothing more than a bookkeeping error.

“The easiest course of action for me today would be to just let this case go to the jury,” said Paone. “But I have a professional and ethical obligation to rule when called upon.”

Vartan said not only did the case detective testify that there was no crime, but that because prosecutors knew the bookkeeper who made the mistake agreed, they deliberately refused to call her as a witness to keep her testimony from the jury.

“OPIA sought to convict Osher Eisemann by perpetrating a fraud on the court and jury,” he said. “That requires immediate investigation.”

A spokeswoman for the Attorney General’s office complained that Vartan’s letter “cherry picks from numerous motions and transcripts and does not reflect the overall litigation of a case that spanned multiple administrations and was tried twice.”


She defended the Office of Public Integrity and Accountability, noting that it handles “important, complicated, and sensitive cases” through the work of attorneys and investigators who “perform this work knowing that they may be criticized by powerful and influential people.”

Eisemann’s attorneys had every incentive to raise concerns with the court, which it did at every turn, she added, without the court expressing concerns about the prosecutors or the Attorney General’s office.

“We recognize that no prosecutor or agent is infallible, and when legitimate concerns are identified, we review them and if necessary, address them,” she said.
Seems like a lawsuit would be needed for anything to happen. Is that a possibility at all?

Online gogreen

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Re: The Eisemann Persecution
« Reply #155 on: August 05, 2024, 03:37:37 PM »
Seems like a lawsuit would be needed for anything to happen. Is that a possibility at all?
If you attempt one and fail, you'll end up with a lot more legal fees

Offline pointer

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Re: The Eisemann Persecution
« Reply #156 on: August 05, 2024, 04:21:42 PM »
If you attempt one and fail, you'll end up with a lot more legal fees
Contingency?

Online Yehuda57

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Re: The Eisemann Persecution
« Reply #157 on: August 05, 2024, 04:46:41 PM »
Contingency?

That is common with these kinds of suits, though it is highly unlikely anyone would take on this case on contingency as the chances of beating immunity are extremely low if not entirely impossible. It would most likely need to be someone or an organization (e.g. https://ij.org/) that is willing to do it pro bono (though if they are successful they would make money at the end).

ETA: The defendant also has to want to pursue it, and after 9 years, I would be shocked if he doesn't want to let the matter go.
« Last Edit: August 05, 2024, 04:55:25 PM by Yehuda57 »

Offline ari3

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Re: The Eisemann Persecution
« Reply #158 on: August 05, 2024, 09:42:44 PM »
That is common with these kinds of suits, though it is highly unlikely anyone would take on this case on contingency as the chances of beating immunity are extremely low if not entirely impossible. It would most likely need to be someone or an organization (e.g. https://ij.org/) that is willing to do it pro bono (though if they are successful they would make money at the end).

ETA: The defendant also has to want to pursue it, and after 9 years, I would be shocked if he doesn't want to let the matter go.
The legal fees are by and large paid already  , much of of it donated by many concerned people (although they still have some outstanding debt). What are you going to do with the money if you win?

The idea here might not be to actually get the legal fees back but to make a big issue about it hoping either they get some sort of investigation into the OPIA or at least cause them to think twice before bringing a meritless case against the next person.

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Re: The Eisemann Persecution
« Reply #159 on: August 05, 2024, 09:45:57 PM »
The legal fees are by and large paid already  , much of of it donated by many concerned people (although they still have some outstanding debt). What are you going to do with the money if you win?

The idea here might not be to actually get the legal fees back but to make a big issue about it hoping either they get some sort of investigation into the OPIA or at least cause them to think twice before bringing a meritless case against the next person.
That would be through the political route, which should be done regardless.