February 20, 2004
Statement of Jesse Friedman released by his attorney:
“I have heard that a number of additional alleged victims from my case have come forward anonymously to add their voices to those that already appear in the film Capturing the Friedmans, saying that I abused them.
“In total, there were thirteen boys who in 1987 accused me of molesting them. Just as I was not surprised to see three of these boys appear in the film, one of whom details his recollections of abuse, I am not surprised that any of the other boys would reiterate the statements they made in front of the grand jury in 1987. There has never been any dispute about the fact that these statements were made. While I know these claims are untrue, I respect their right to make them, and I believe it is likely that they continue to believe these events took place, just as many of the victims in similar cases, such as the McMartin Preschool case, continue to believe they were molested despite proof to the contrary.
“The basis of my 440 motion, filed in Nassau County Court six weeks ago, is not that these boys willfully lied to the grand jury. The motion, which I invite people to read on my website "freejesse.net", simply states that the police and prosecution were in possession of significant evidence that could have exonerated me and that they ignored their constitutional obligation to disclose that information to my lawyer at the time. Under the well-known U.S. case Brady V. Maryland, prosecutors and police have a constitutional obligation to turn over to the defense any material (known as "Brady Material") that could assist the defendant in making his case.
"Had I known that such material existed, such as the fact that the vast majority of children interviewed by the police made no claims of abuse, that numerous witnesses said that the police “told” children they had been abused rather than asking them, and that police offered children rewards for providing incriminating statements, I would not have pled guilty to crimes I did not commit.
“While a portion of the material in my legal motion is based on things I learned after seeing Capturing the Friedmans, I have been working to exonerate myself for over a decade, and much of the material in the motion does not relate to things covered in that film. I encourage people who are interested, to read the 440 motion and evaluate the motion on its merits rather than on the statements of advocacy groups and the Judge in the case who have vested interests in seeing that my case not be re-examined.
“My constitutional right to due process requires that the court evaluate my claim that the prosecution that put me in prison for 13 years was fundamentally unfair. All Americans are entitled to that and I have asked for nothing more.”
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Jesse's 440 Motion is available to view or download, along with affidavits in support of the motion