Meir Kass

The retrial of Rabbi Osher Eisemann, the revered founder of the School for Children with Hidden Intelligence (SCHI) in Lakewood, was thrown out by Judge Joseph Paone on Wednesday after he accused the prosecution of going after an innocent man “based solely on eight years of speculation.”

The judge’s stunning unilateral acquittal on both counts Rabbi Eisemann was facing brought to a screeching halt the state’s relentless pursuit of an innocent man who had been burdened by this case for nearly a decade and was facing decades in prison if convicted.

Tears flowed freely in the courtroom as Judge Paone announced his decision, with even Rabbi Eisemann’s steely, courtroom-hardened defense team visibly wiping tears from their eyes. Rabbi Eisemann himself maintained his composure, hugging and thanking his lawyers and family as the weight of his legal proceedings lifted from his shoulders.

That preliminary composure evaporated when he stepped outside the courtroom to recite Nishmas. Surrounded by family and his legal team, Rabbi Eisemann’s voice broke and, overcome by emotion, he took a lengthy pause as he emotionally thanked Hashem for bringing his unfounded legal troubles to a final close.

In the moments that followed, Rabbi Eisemann took time to thank everyone who had been davening, advocating for, and supporting him throughout the last eight years.

“I thank Hakadosh Baruch Hu for the hatavah he gave me today, and I want to thank every one of you for doing all in your power to make this happen. Everyone did an incredible job,” Rabbi Eisemann said.

Defense counsel Jim Mahon, who has expressed deep admiration and reverence for Rabbi Eisemann over the course of the trial, interjected, “It wasn’t us or anyone else. It was all Hashem, Rabbi. It was all Hashem.”

Lee Vartan, Rabbi Eisemann’s lead attorney, told the Voice that he is “incredibly happy” the decision never made it to a jury.

“We had filed a motion that the case should be dismissed because the state failed to meet its burden [to provide evidence of wrongdoing], and the judge agreed,” Vartan said.

“The jury has been dismissed, the case is over; it cannot be appealed,” Vartan continued. “After, for me, seven years, and even longer for Rabbi Eisemann, the case is fully and finally done, and he can go back to the incredible work he and the SCHI school do each and every day.”

The trial

Rabbi Eisemann’s case was retrial on two counts of wrongdoing after a judge threw out previous convictions when the defense uncovered evidence that the prosecution had withheld crucial exonerating evidence.

Rabbi Eisemann was initially convicted of corporate misconduct and money laundering but acquitted of corruption of public resources, theft, and misapplication of entrusted property. The retrial came after the bookkeeper’s testimony prompted a judge to grant a new trial.

The case, which centered around a 12-day loan from the school, began to unravel from the start. The lead detective testified that there was no crime, and subsequent witnesses either confirmed this or stated that they were not involved in the case. Despite this, the prosecution continued to push forward, attempting to rehabilitate their failing case with their final witness.

Deputy attorney general Frank Valdinoto opened the proceedings three weeks ago by alleging that in 2015, Rabbi Eisemann siphoned $200,000 from the school’s bank account through a series of transactions involving unrelated companies, ultimately depositing the money into his personal account. Valdinoto claimed that Rabbi Eisemann then used these funds to repay a personal loan to the school’s charitable foundation, effectively pocketing the money.

Defense attorney James Mahon slammed the prosecution’s allegations, saying they were unfounded and based on obviously inaccurate financial records. Mahon argued that the state’s case relied on an erroneous set of books and that there was no genuine investigation, motive, or victim. He emphasized that the state had failed to consult key witnesses, including a school bookkeeper who testified post-trial that she mistakenly recorded the pivotal $200,000 entry in the foundation’s QuickBooks ledger. According to the bookkeeper, the ledger was used as a “dumping account” to balance the books, and the entry was an error.

Mahon further argued that the accurate, audited financial statements showed that the foundation actually owed Rabbi Eisemann $300,000 in 2015, not the other way around. He pointed out that Rabbi Eisemann had a history of financially supporting the school, including cashing in his retirement fund to loan $100,000 to the school’s charitable arm in 2018.

When the prosecution rested its case on Tuesday, the defense team immediately handed Judge Paone a motion to dismiss the case. The motion was only heard during the last 40 minutes of the day’s court session, with the judge showing tremendous interest in granting it. On Wednesday morning, the court proceedings began late as Paone contemplated the motion. Once the hearing began, it became clear that he was frustrated and upset at the prosecution for targeting Rabbi Eisemann.

At 11:43 a.m., the judge had heard enough and handed down his decision to approve the motion, acquitting Rabbi Eisemann of both charges he was facing and finally freeing him of his legal bondage.