Rabbi Osher Eisemann Vindicated After Nearly Decade-Long Prosecution
Chiesa Shahinian & Giantomasi PC (“CSG Law”) is pleased to highlight the recent dismissal of an indictment against a prominent Lakewood rabbi after a nearly decade-long prosecution.
Rabbi Osher Eisemann was represented by the CSG Law team consisting of Lee Vartan, Melissa F. Wernick, Jeffrey P. Mongiello, Patricia B. Bergamasco, Joanne Young and summer associate Bentzi Schaffran. In this matter, Rabbi Eisemann was accused by the Office of Public Integrity and Accountability of stealing public funds paid to his school for children with developmental disabilities.
“This was a complete vindication for Rabbi Eisemann,” Vartan said. “In dismissing the prosecution, the Court said it had a ‘professional and ethical obligation’ to dismiss the case.”
The case originally went to trial in February 2019 where Eisemann was acquitted on the theft of public funds counts but convicted on two ancillary charges. Appeals followed, and CSG Law ultimately uncovered that the Attorney General’s Office withheld exculpatory evidence from the defense.
As reported by NJ Advance Media, Vartan discovered after the trial that the bookkeeper for the school had made a $200,000 accounting error that formed the basis for the allegations against the rabbi. Moreover, the state failed to disclose this information at trial, which Vartan argued, showed prosecutorial misconduct by failing to turn over key evidence, according to the publication. A Superior Court judge subsequently granted a motion for a new trial in the wake of this discovery.
Eisemann’s convictions were vacated, and the trial court’s decision vacating Eisemann’s convictions was upheld by both the New Jersey Appellate Division and most recently by the New Jersey Supreme Court.
Eisemann’s second trial began on July 9, and Eisemann’s counsel argued that no crime had been committed, NJ Advance Media reported. The publication reported that one of the state’s detectives testified on cross-examination that there had been no crime and that he had “no idea why any of us are here.”
Judge Joseph Paone dismissed the case on Wednesday, bringing the case to an end as this decision cannot be appealed.