Author Topic: The Future of Lakewood  (Read 670652 times)

Offline S209

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Re: The Future of Lakewood
« Reply #2000 on: July 12, 2022, 02:08:24 PM »
BREAKING: Rabbi Eisemann will be granted a new trial! BH
Against all odds R’ Chaim Kanievsky’s advice is slowly proving prophetic.
Quote from: YitzyS
Quotes in a signature is annoying, as it comes across as an independent post.

Offline imayid2

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Re: The Future of Lakewood
« Reply #2001 on: July 12, 2022, 02:11:52 PM »
Any indications if the prosecution will go for a retrial?

Offline Sammy82

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Re: The Future of Lakewood
« Reply #2002 on: July 12, 2022, 02:14:51 PM »
Against all odds R’ Chaim Kanievsky’s advice is slowly proving prophetic.
What was that?

Offline dasmo801

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Re: The Future of Lakewood
« Reply #2003 on: July 12, 2022, 02:18:00 PM »
Wow!
חסדי ה'

Offline imayid2

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Re: The Future of Lakewood
« Reply #2004 on: July 12, 2022, 02:18:19 PM »
Against all odds R’ Chaim Kanievsky’s advice is slowly proving prophetic.
It’s eerie. And from what I hear Rabbi Eisemann has internalized that havtacha, he’s been radiating מנוחת הנפש throughout the entire ordeal.

Offline avromie7

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Re: The Future of Lakewood
« Reply #2005 on: July 12, 2022, 02:21:03 PM »
he’s been radiating מנוחת הנפש throughout the entire ordeal.
100%. He looks like he doesn't have a care in the world.

He said everything his father taught him about bitachon is coming to good use.
I wonder what people who type "u" instead of "you" do with all their free time.

Offline imayid2

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Re: The Future of Lakewood
« Reply #2006 on: July 12, 2022, 02:22:36 PM »
So… Where’s the party?

Offline yuneeq

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Re: The Future of Lakewood
« Reply #2007 on: July 12, 2022, 02:23:02 PM »
Baruch Hashem! :)

Any indications if the prosecution will go for a retrial?

Think we'll need to see the decision to determine that
Visibly Jewish

Offline Yehuda57

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Re: The Future of Lakewood
« Reply #2008 on: July 12, 2022, 02:35:23 PM »
Anywhere that has a cliff notes version of this story?

Offline YitzyS

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Re: The Future of Lakewood
« Reply #2009 on: July 12, 2022, 02:39:03 PM »
Here's some info:

Indeed, the judge granted a new trial for BOTH of the reasons - the new evidence AND the Brady violation. This is important because should the prosecution try to appeal this decision, they would have to prove that the judge was mistaken on BOTH of those aspects.

The judge seemed to assume that the prosecution will proceed to a new trial. He even scheduled a date for a pre-trail conference (on August 9).

Offline YitzyS

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Re: The Future of Lakewood
« Reply #2010 on: July 12, 2022, 02:59:37 PM »
Anywhere that has a cliff notes version of this story?
State went after Rabbi Eisemann claiming he stole money from the government that was meant for his special needs school. Jury acquitted him in trial, but convicted of two secondary charges. The convictions of those two counts were only possible after the judge change the rules mid-trial, and were not really possible without a conviction on one of the primary charges, but the judge allowed the convictions to stand.

Being that the judge realized that Rabbi Eisemann was essentially innocent, he sentenced him to 60 days in jail. The prosecutor however appealed the sentence, and the appeals court (which completely misunderstood the basic facts of the case) ruled that he should be resentenced by a new judge.

Before the case went for resentencing, the defense filled a motion for a retrial after a new witness came forward to say that she was the bookkeeper that made the entry at the center of the case, and it was not Rabbi Eisemann. Furthermore, she said that it was a basic accounting error, and the entry was not backed by actual money, and was therefore not a criminal act. During the briefing exchanges on this motion, the prosecutors revealed that they knew BEFORE the trial that this bookkeeper was the responsible party. The defense then filed a second request for a retrial saying that the prosecutor withheld crucial evidence.

Today, the judge granted the motion for both reasons, thus vacating the convictions and allowing a new trial on those two counts.

Offline Dawie

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Re: The Future of Lakewood
« Reply #2011 on: July 12, 2022, 03:07:48 PM »
What was that?
"Du vets puter zein fun mishpat"

(and he repeated it because a family member wasn't convinced)

Offline Yehuda57

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Re: The Future of Lakewood
« Reply #2012 on: July 12, 2022, 03:36:00 PM »
State went after Rabbi Eisemann claiming he stole money from the government that was meant for his special needs school. Jury acquitted him in trial, but convicted of two secondary charges. The convictions of those two counts were only possible after the judge change the rules mid-trial, and were not really possible without a conviction on one of the primary charges, but the judge allowed the convictions to stand.

Being that the judge realized that Rabbi Eisemann was essentially innocent, he sentenced him to 60 days in jail. The prosecutor however appealed the sentence, and the appeals court (which completely misunderstood the basic facts of the case) ruled that he should be resentenced by a new judge.

Before the case went for resentencing, the defense filled a motion for a retrial after a new witness came forward to say that she was the bookkeeper that made the entry at the center of the case, and it was not Rabbi Eisemann. Furthermore, she said that it was a basic accounting error, and the entry was not backed by actual money, and was therefore not a criminal act. During the briefing exchanges on this motion, the prosecutors revealed that they knew BEFORE the trial that this bookkeeper was the responsible party. The defense then filed a second request for a retrial saying that the prosecutor withheld crucial evidence.

Today, the judge granted the motion for both reasons, thus vacating the convictions and allowing a new trial on those two counts.

Thanks! Sounds nuts. Why didn't the defense know about the bookkeeper before the prosecution? Surely they should have known it was her mistake?

Offline YitzyS

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Re: The Future of Lakewood
« Reply #2013 on: July 12, 2022, 03:41:03 PM »
Thanks! Sounds nuts. Why didn't the defense know about the bookkeeper before the prosecution? Surely they should have known it was her mistake?
The entry the bookkeeper made only pertained to one aspect of the minor counts, which - until the judge changed the rules at the last day of trial - were dependent on the primary charges. Additionally, the prosecutors only shared on the second day of trial which transactions they alleged were criminal. (The indictment was for financial facilitation, which means two criminal transactions. They did not write which of the 63,000 transactions were the criminal ones until the trial began.) After the trial started, it was difficult to track down who made the entry, which was only a minor part of the case before the rule change.

Offline yelped

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Re: The Future of Lakewood
« Reply #2014 on: July 12, 2022, 04:10:00 PM »
APP article is still so biased, even though just from knowing nothing about the case and reading the article, it seems obvious to anyone that the state is barking up the wrong tree.

Offline YitzyS

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Offline Dawie

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Re: The Future of Lakewood
« Reply #2016 on: July 12, 2022, 04:19:14 PM »
APP article is still so biased, even though just from knowing nothing about the case and reading the article, it seems obvious to anyone that the state is barking up the wrong tree.
The APP is how we got here in the first place
and the machshefa reporter is now down in AZ...

Offline Baruch

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Re: The Future of Lakewood
« Reply #2017 on: July 12, 2022, 04:47:20 PM »
1) Can the prosecution appeal this decision?
2) Now, that he was declared innocent of the main charges, how would the prosecution possibly build the case for the secondary charges in a new trial?

Offline YitzyS

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Re: The Future of Lakewood
« Reply #2018 on: July 12, 2022, 04:51:36 PM »
1) Can the prosecution appeal this decision?
I believe they can, but I'm not certain. At Friday's hearing, the prosecutor made some objections for the record, which would indicate that he can appeal it.

2) Now, that he was declared innocent of the main charges, how would the prosecution possibly build the case for the secondary charges in a new trial?
This is an excellent question. I actually believe that this may cause the case to be entirely dismissed without going to a new trial, but only time will tell what for sure will happen.

Offline Euclid

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Re: The Future of Lakewood
« Reply #2019 on: July 12, 2022, 04:54:12 PM »
The APP is how we got here in the first place
and the machshefa reporter is now down in AZ...
He was only charged because of the APP?