Rice reopened the case in August 2010, but the man whose fate hangs in the balance, Jesse Friedman, explained exclusively to CBS 2′s Carolyn Gusoff on Wednesday why he knows he’s innocent.
“I’ve been waiting 25 years for an opportunity to prove my innocence,” Friedman said. [...]
Friedman served 13 years and is free now, but wants his name cleared. The Oscar-nominated documentary “Capturing the Friedmans” uncovered suggestive tactics used by police to elicit the flood of charges from children — tactics the court called flawed.
Now, Friedman’s legal team has set up a hotline, seeking new ledes in the old case. The hotline number is 516-660-4385 .
“The methods used for Jesse’s conviction and Jesse’s arrest was wrong and this is an opportunity to make it right,” private investigator Jay Salpeter said.
Friedman isn’t the only one now awaiting the DA’s decision. Some of the victims, now adults, stand by their claims that Jesse molested them.
Sal Marinello represented four of them.
“They were sexually abused during periods of time and they also indicated the son was involved,” Marinello said.
Now, Friedman’s legal team has set up a hotline, seeking new ledes in the old case. The hotline number is 516-660-4385 .
“The methods used for Jesse’s conviction and Jesse’s arrest was wrong and this is an opportunity to make it right,” private investigator Jay Salpeter said.
Friedman isn’t the only one now awaiting the DA’s decision. Some of the victims, now adults, stand by their claims that Jesse molested them.
Sal Marinello represented four of them.
“They were sexually abused during periods of time and they also indicated the son was involved,” Marinello said.
It is terrible how many wrongful convictions of molestation come to light many years later, after the innocent man who was falsely prosecuted and convicted served many years in jail and had his reputation ruined and torn into shatters.
ReplyDeleteOf course sometimes these false prosecutions come to light earlier. Sometimes before trial, sometimes during trial and sometimes shortly afterwards. Nevertheless, even if the falsely accused man is acquitted of the molestation and sex charges, his reputation -- and the reputation of his family -- is already destroyed.
And therefore we should scrap the justice system to prevent the innocent being harmed?! That is not the halacha.
DeleteAs I have stated many times the individuals have a right to protect themselves - and that means reporting reasonable beliefs to the police that someone is a child molester. Self defense works by different rules than deciding guilt or innocence. Rav Silman specifically says a person suspected of being a terrorist can be killed. sofek rodef is treated as rodef
Reasonable belief? The Halacha requires "raglayim ladavar" before reporting to secular authorities. Per Hagaon HaRav Eliashev.
DeleteSorry how do you translate "raglayim ladav"
DeleteThat's a Halachic question that needs to be determined on a case-by-case basis by a Halachic authority (posek).
DeletePost -
DeleteYou are buying into the Agudah perversion. Rav elyashiv did NOT say that one is required to go to a Rav to determine if there is raglayim ladavar. The question he was addressing was whether one was permitted to go to teh authorities instead of BD. To that, he answered, yes probided there is raglayim ladavar. The teshuva is simple. If there is reasonable suspicion (thats my translation of raglayim ladavar) one goes to the authorities.
People need to stop believing every accusation of molestation. Especially before a conviction of molestation. But as we've seen far too many times, one cannot even believe it after a conviction.
ReplyDeleteAnd therefore what? We should ignore accusations of molestation because maybe the person is innocent. Sorry that is not halacha.
DeleteHalacha you speak of?! The Halacha is not to believe accusations. The Halacha is not to believe a so-called verdict of a secular court.
DeleteThat is the Halacha rather than your description.
Nope? The current system is that beis din has no authority or power to deal with these cases - especially where there are mandated reporting laws. Thus the basis of dealing with these cases in not to try them and determine guilt but to act to protect children. See Rav Yehuda Silman's discussion of this issue. The Rambam similar states that someone who torments the community can be turned over to secular authorities even if he is imprisoned or killed. Thus there are two stages. Once there is permission to go to the police for protection - then the consequences become secondary. This is also clear from BM 83 where thiefs were reported to the Romans by Rav Eliezar ben Rav Shimon - either though they were crucified as a result and since the reporting was based on circumstantial evidence it is possible that innocent men were killed. This is clear from the gemora.
DeleteWhat are you basing your conjecture on?
We don't pasken the Halacha like BM 83 with Rav Eliezer ben Rav Shimon.
DeleteI guess someone forgot to tell that to Rav Eliashiv, Rav Moshe Feinstein, and Rav Wosner and Rav Silman etc etc who do in fact posken that way. Please bring a source which disagrees with these gedolim.
DeleteRav Eliashiv (Nishmas Avraham 4:208-211): … Rav Eliashiv told me that there is in fact no difference in halacha between a teacher who is molesting boys or girls since in both cases we are talking about severe mental damages and danger to the public. He cited the Beis Yosef who cites the Rashba regarding R’ Eliezar ben Rav Shimon (Bava Metzia 83a) who reported thieves to the government… Regarding this Rav Eliashiv said that we learn from this that surely in the case of child abuse which is more severe then theft that it would be permitted to first report it to the principal of the school and if he doesn’t do anything to report the matter to the police even in the Diaspora.
Rav Wosner (Shevet HaLevi 2:58): 1) Question: Concerning someone who works for the tax department and he discovers someone cheating the government and is required by law to report it to the justice department. He wants to know whether he is considered an informer (moser) according to halacha or do we say that “the law of the land is the law” and thus he would not be an informer? Answer: Concerning the issues of taxes – there is no halachic authority who denies that this is included in the principle “the law of the land is the law.” … Concerning the issue of reporting the tax cheat to the government see Bava Metzia (83b) concerning R’ Eliezer the son of Rav Shimon bar Yochai. The gemora reports that he reported thieves to the government. This is proof that where the government has authorized a Jew to report thieves that it is permitted. Even though he was criticized “how long are you handing the people of our G d to be killed” – because the punishment for thieves in those days was death. This is relevant also for a similar criticism from Eliyahu Hanavi to R’ Yishmael which is reported in that gemora. However the actual halacha seems that even when it results in the death penalty it is considered “the law of the land is the law.”…
Igros Moshe (O.C. 5 9.11): In sum, it is prohibited to report a thief or one who damages property to the police. The case of R’ Eleazar ben R’ Shimon (B.M. 83a) is not a contradiction as is explained by the Beis Yosef (C.M. 388). That is because the case such as R’ Eleazar is different and it is permitted to report thieves since it was authorized by the king. This is also mentioned by the Rashba.
The Halacha is we do not report a Jewish thief to secular authorities who will execute him for thievery. We don't pasken like Rav Eliezer ben Rav Shimon in BM 83 who did do that.
DeleteAnd your citations of Rav Eliashev, Rav Wosner and Rav Moshe are irrelevant to this discussion. They are referring to cases where the guilt has already been established for a fact. This is clear from all of their teshuvos. They speak of someone who is guilty, not merely someone who is simply accused or suspected.
DeletePost this is get rather boring- you simply don't know or don't understand the sources
DeletePost - let me try once more and then I am going to stop wasting my time. BM 83 is the source to require reporting when the government requires it - even based on circumstantial evidence and even if the punish more severely than the Torah - including the death penalty.
DeleteRav Eliashiv (Nishmas Avraham 4:208-211): … Rav Eliashiv told me that there is in fact no difference in halacha between a teacher who is molesting boys or girls since in both cases we are talking about severe mental damages and danger to the public. He cited the Beis Yosef who cites the Rashba regarding R’ Eliezar ben Rav Shimon (Bava Metzia 83a) who reported thieves to the government… Regarding this Rav Eliashiv said that we learn from this that surely in the case of child abuse which is more severe then theft that it would be permitted to first report it to the principal of the school and if he doesn’t do anything to report the matter to the police even in the Diaspora.
In addition to mandated reporting there is another mechanism called rodef or self protection. Rav Silman - you should read his teshuva - says we posken that sofek rodef has the same status of rodef. Therefore if you see someone running to you carrying what looks like a bomb (but you aren't sure) - he says you are allowed to kill him if you think that is the only way you can save your life - even though you might be wrong. The Maharam Shichk and others explain that the dispute in 83b is not whether you can go to the police but whether it is appropriate for one of the gedolim to pick up the phone and call them. but for us ordinary fold - it would not be a problem. See the Rambam, Chasam Sofer and others who extend this ability to seek protection from the police - not only in life threatening situtation but where someone is being a significant irritant.
In short we clearly poseken like BM 83b and in addition we have the halachos of rodef,not to stand by the blood of your fellow etc etc - which I explain in full detail in my seforim on child abuse.
Therefore unless you come with something beyond your consistent misreading and misunderstanding of the halacha - I am not publishing anymore of your posts which are against the Torah.
And who knows how many men were falsely convicted of sexual abuse or sexual molestation and were never vindicated and are unfortunately still serving time in jail for a crime they never committed.
ReplyDeleteAnd who knows how many guilty people were not reported and are believed innocent. Human justice is not infallible and it is a terrible system - but it is sure better than the alternatives
DeleteThe Halacha strongly prefers that guilty people not be punished for a crime than for innocent people to be falsely convicted and punished. When there is a trade-off, Halacha would rather the guilty walk than the innocent be punished.
Deletesource please? Halacha requires that there be a system of justice and this is required of goyim also - See Rav Wosner's discussion of this issue. Since Jewish courts have no power - these crimes are judged by secular courts.
DeleteInnocent until proven guilty.
DeleteHeard of that?
You really don't know what you are saying and you clearly are not familiar with the writings of the gedolim including Rav Eliashiv, Rav Shlomo Zalman Auerbach ,Rav Wosner, Rav Silman, etc. It is simply not for you to throw around phrases without a grounding in halahca and you simply lack the ability to provide any cogent argument or defense. Please at least study BM 83 and Shulchan Aruch 388 and perhaps the Chasam Sofer to Gittin 7.
DeleteThat concept is one that stems from Jewish Law, and which most western justice systems copied (to various degrees.)
DeletePost,
DeleteDo you not see a distinction between crimes with victims who need to be protected along with potential victims in the community as opposed to crimes without victims who need to be protected, even in cases where BM 83 and Shu"A 388 might not apply?
BTW, keep in mind that DT is the one who posted this story of a victim of a false conviction in the first place; he is clearly aware of and concerned about that unfortunate consequence...
The American justice system (as well as all secular justice systems) are corrupt and unreliable. Guilty people are acquitted with regularity (recall OJ Simpson, Lemrick Nelson, etc. etc. etc.) and innocent people are convicted (who can even keep count of all the murder convicts later exonerated.)
ReplyDeleteAnd therefore we should use it?! Do you have an alternative other than letting all criminals free since a beis din can't deal with them?
DeleteWhat Was Left Out? A Critique of "Capturing the Friedmans"
ReplyDeletehttps://www.youtube.com/watch?v=qjYWOZgMbHQ
A secular Jew, Wall Street Journal editor orothy Rabinnowicz, has documented in her book "No Crueler Tyrannies" how hysteria pushes the secular courts to mass hysteria over false allegations (usually against males).
ReplyDeleteThe jury in the Weberman case would barely have had time to read the list of 59 counts, much less to deliberate on each one.
With the false rape accusation rate running 50% in the general public, the Weberman false conviction is an outrage and a farce.
Halacha is completely right and just to demand proof and to prefer acquitting the guilty rather than convict the innocent.