|
Friedman appeal Memorandum of Law
Judicial Complaint Against judge Boklan
Jesse Friedman Legal Defense Fund
Information About Recovered Memory Syndrome
(a film by David and Jesse Friedman)
(a memoir about prison life)
The newest member of my family. Pearl
|
Jesse Friedman's Web Site PLEASE NOTE: I don't update these pages nearly as often as I once did. There are some sections which could appear dated by way of tone and content. For that I apologize. It is April 2012 and it has been 20 months since the following events were announced. Thus far, no decision forthcoming from the District Attorney's office. Recent press: April 20; An information hotline has been established for anyone with information about the case, my arrest, or the computer classes. This hot line has no direct connection to me. All calls and information will be kept confidential unless otherwise expressed by the caller. 516-660-4385 In August, 2010, almost 22 years after my arrest, and seven years after finally having the opportunity to file an appeal of my conviction, we have a decision from the federal Second Circuit Court of Appeals. Here is the decision from The Court. Most readers will want to skip to the bottom of page 18, section "II." which is where The Court moves from legal jargon and begins to dissect the credibility of the evidence levied against me. Nassau County District Attorney Kathleen Rice Announces Appointments to the Friedman Case Review Panel. This was a Habeas Corpus petition to vacate my conviction based upon newly discovered evidence. I have a brief summary of the appeal, but for a detailed explanation and updates see my appeal page. A pdf of the Memorandum of Law, the legal brief of my appeal, is available to be viewed or downloaded. I have also made available twelve affidavits submitted in support of my motion. The Second Circuit Court of Appeals has called upon the Nassau County District Attorney's office to initiate a full investigation of the evidence against me and the manner in which is was obtained, to ferret out the long-standing truth I have fought tirelessly to proclaim. And thus did Kathleen Rice. The Second Circuit Court of Appeals said: In this case, the quality of the evidence was extraordinarily suspect and never subjected to vigorous cross-examination or the judgment of a properly instructed jury. Petitioner [that’s me] has come forward with substantial evidence that flawed interviewing techniques were used to produce a flood of allegations, which the then-District Attorney of Nassau County wrung into over two hundred claims of child sexual abuse against petitioner. Petitioner never had an opportunity to explore how the evidence against him was obtained. On the contrary, the police, prosecutors, and the judge did everything they could to coerce a guilty plea and avoid a trial. Thus, with the number of counts in the indictments and Judge Boklan’s threat to impose the highest conceivable sentence for each charge, petitioner faced a virtually certain life sentence if he was convicted at trial. And the likelihood that any jury pool would be tainted seemed to ensure that petitioner would be convicted if he went to trial, regardless of his guilt or innocence. Nor could he have reasonably expected to receive a fair trial from Judge Boklan, who admitted that she never had any doubt of the defendant’s guilt even before she heard any of the evidence or the means by which it was obtained. Even if innocent, petitioner may well have pled guilty. Only a reinvestigation of the underlying case or the development of a complete record in a collateral proceeding can provide a basis for determining whether petitioner’s conviction should be set aside. We hope that, even if she continues to oppose relief in collateral legal proceedings, the current Nassau County District Attorney, who was not responsible for the investigation and prosecution of Jesse Friedman, will undertake the kind of complete review of the underlying case suggested in the Comment to Rule 3.8. It is sad that while The Court so clearly understood the likelihood of there being indisputable proof of my innocence within the investigation record, they were bound by procedural law to deny my petition for relief, saying: "While the law may require us to deny relief in this case, it does not compel us to do so without voicing some concern regarding the process by which the petitioner’s conviction was obtained." I am cautiously optimistic. While I have reservations about trusting the Nassau County District Attorney's office (given all their history) I shall take Kathleen Rice at her word, and until she proves otherwise, trusting that there will in fact be a fair and thorough investigation. Elisabeth and I maintain an on-line bookstore. The webstore is a work-in-progress. It is not a fully-function retail site just yet, but someday, hopefully, it will get there. In the meantime we are always happy to special order almost any title for a customer. I would like to bring to everyone's attention a special film,"Witch Hunt" about the huge series of false arrests in Bakersfield California. My brother maintains updates and information about my my case and copies of the DVD are available for a donation through my legal defense fund. Information about the judicial complaint filed against judge Boklan. It was important to me that Capturing the Friedmans would raise awareness about the issue of imaginary crimes. I have been working with the National Center for Reason and Justice to help those much less fortunate than I -- namely those still in prison unjustly due to mass-hysteria sex-abuse scandals. I want to thank all the thousands of well-wishers who contacted me with support and compassion over the years. That outpouring of support has given me strength to carry on the good fight and work towards building a new life for myself. The day after my parole my wife Elisabeth and I left for a coast-to-coast road trip; a much deserved vacation. Along the way we stopped in Las Vegas and got married on January 2, 2007. We got married on our honeymoon. What could be better than that! Here are some PHOTOS FROM OUR TRIP!! I have continued to post some updates {last update 04/07/12} about the status of my appeal, and other events. With regards to my personal life: I am finally (mostly) a free man. The nightmare is not over. I am still struggling with learning how to be happy, but this has been the longest stretch of my life without a crisis since 1987. For that I am thankful. Mostly, I carry on from day to day like everyone else. I love my wife beyond measure. She makes me happy, but life is still a struggle. I have been doing some fun editing with Final Cut Pro of our honeymoon videos. Two of them are posted with You Tube. Please feel free to write to me, Jesse@freejesse.net. I love hearing from people who have seen the film and feel moved to write. I do my best to reply personally to everyone, and I am keeping an e-mail mailing list to update people about my appeal as events warrant. Jesse "Does a firm persuasion that a thing is so, make it so?" -- William Blake If you have faith as small as a mustard seed you can say to this mountain, "Move from here" and it will move. -- Mt 17:20
|