A motion for retrial in Rabbi Eisemann’s case has been submitted this week, in light of shattering evidence that has surfaced, which proves Rabbi Eisemann is completely innocent of the crime he has been convicted of.
During the trial, prosecutors claimed that Rabbi Eisemann had attempted to erase a debt he allegedly owed to the SCHI Foundation, which was the basis for both counts he was convicted of. The prosecutors claimed that a certain QuickBooks entry in the Foundation’s books represented the debt erasure, though they had no factual or material evidence to back up that claim.
This week, the prosecutor’s theory crumbled, as the very bookkeeper who had made the QuickBooks entry that the prosecutors had pointed to as the criminal activity of erasing a debt has come forward to testify that it was not Rabbi Eisemann who had made the entry, and that there never was a loan to the foundation, but rather it was just a bookkeeping method to correct a previous error in the books. In actuality, there was never a debt.
At the time of the trial, the bookkeeper, who no longer worked for SCHI, was not aware that the entry she made was at the heart of the case against Rabbi Eisemann. Now that she has become aware, she has come forward to testify to his innocence.
In addition to the bookkeeper’s testimony, additional evidence surfaced that proves Rabbi Eisemann’s innocence. Financial audits of the foundation were submitted to the Attorney General’s office as is required to retain its non-profit status, for all the years of the alleged debt, and for all the years since. These audits clearly show that there was never a debt owed to the foundation, a point the auditor testifies to. The audits were accepted by the Attorney General’s office, unchallenged. This means that on one hand, the Attorney General’s office has accepted the these audits showing no debt, while at the same time prosecuting Rabbi Eisemann for trying to erase a debt.
The community’s support is now stronger than ever, as Lakewood, and thousands across New Jersey, stand behind Rabbi Eisemann, shoulder to shoulder with the legal team, led by esteemed attorney Lee Vartan, in their quest for justice on behalf of the revered SCHI founder.
A motion for retrial has been submitted to Judge Joseph Paone this week, in light of compelling evidence that has surfaced, which clearly debunks the prosecution’s theory of any wrongdoing.
The prosecution now has an opportunity to offer a rebuttal to the defense’s brief, after which Judge Paone will decide if there will be oral arguments before he renders his decision if the guilty verdicts should be tossed and a new trial should take place.
The resentencing that is scheduled for July 23 will likely be postponed pending the outcome of the motion for retrial.
It remains to be seen if Judge Paone, who has only been assigned to the case after the trial, will take the bold step to ensure that an innocent individual does not face up to 20-years in prison R”L.
The Tzibur is asked to continue to be mispalel for Osher Ben Chana Frumit.
UPDATE: Superior Court Judge Joseph Paone has agreed to postpone resentencing in order to first hold a hearing on the Motion for Retrial that Rabbi Eisemann’s attorneys filed. Judge Paone will hear oral arguments on the Motion for Retrial on August 24. In consideration of this hearing date, the judge has also postponed the resentencing date, originally scheduled for July 20 until after oral arguments on the Motion for Retrial are concluded. The Tzibur is asked to continue to be mispalel for Osher ben Chana Frumet.
