Recent Victorious Decisions 

On July 21 we received the decision on our Habeas Corpus petition, and our motion was granted.... in part.

Simply put: We raised three basic issues, each relating to the withholding of information which should have been provided to me prior to trial regarding the nature of the evidence against me.  The withholding of this information was a Constitutional violation and had I known of any of this information at the time I would have most certainly taken my case to trial rather than pleading guilty.

1) Perhaps 100 children were present during the computer classes (at the same time as the alleged abuse was going on) who told the police, "I was there and nothing happened." This was never disclosed to the defense.

2) There was a crucible of suggestion, intimidation, and falsification on the part of the police. The prosecution failed to disclose exculpatory evidence showing that the police utilized aggressive suggestive and coercive interrogation techniques they knew, or should have known, would yield false allegations.

3) The use of hypnosis during therapeutic sessions resulted in a situation of potential "implanted memory" and should have been disclosed to the defense at the time.

On the first two issue, Judge Seybert ruled the statute of limitations had expired and denied our petition.  It is worthy to note that she did NOT rule our issues were meritless, merely that they were time-barred.

However, on the third issue, relating to hypnosis, Judge Seybert ordered a hearing to determine to what extent hypnosis was used when questioning children, and how gross a constitutional violation this newly discovered evidence proves itself to being.

October 3, 1007

Today my brother appeared in court feeling confident and safe for the first time in twenty years. Finally the family has an attorney worth his weight in gold, and a judge who honestly appears impartial.  Sadly, I was unable to attend today's hearing because I am away in L.A. filming two television shows.  One is a VH1 reality show about celebrity magic performing.  The other is an awards ceremony due to my having been named, "Best Children's Magician in the World."  Things are busy for both of us Friedman brothers.  Jesse has information about what happened at the hearing on his website.

Thank you for your interest in helping to support the Jesse Friedman Defense Fund.

Thankfully Jesse Friedman has been released from prison, and his parole has been completed.  However, he is still subjected to the life-time onus of "Megan's Law" and having to remain a convicted child molester.  Therefore many people have come together to fight Jesse's wrongful conviction.

We are not merely fighting for vindication for Jesse, who was a victim of an over-zealous police investigation, but we pray for healing for the other victims of the police - the children (and their families) involved.  Those of us who know none of those children were molested by the Friedmans are painfully aware that many of those involved believe they were actually abused. They have been victimized by the police and now we are learning also by their therapist.

It appears the police paid for therapy sessions with doctors who hypnotized those suspected of being molested, conjuring malicious testimony from impressionable children who had no malicious intentions to falsely accuse the Friedmans.

Sadly, one of the harsh truths about our American justice system is, "Without money, there is no justice."  As millions have learned from Michael Moore through his film "Sicko" about proper medical care, legal expertise costs money, and Jesse has none.  Twenty years of legal bills have left absolutely nothing left.

Finances are dire.  While Mr. Kuby never agreed to working pro-bono, he did agree to do what he could with what was available, and he has done some incredible work. The outstanding balance on legal bills keeps growing, but Mr. Kuby is not going to abandon the case.  He has agreed to keep working on the case in good faith, agreeing to wait and see, knowing we will do what we can to eventually pay him for all his wonderful work.  

This case now stands to be significantly more expensive than we ever had funding for. It is no longer Mr. Kuby working late into the night on his laptop with a pile of books. It’s now about hiring private investigators; tracking down witnesses; finding experts on hypnosis; and full days in court deposing witnesses.

What is the status of the appeal, and what happens from here?

As many have already read on Jesse's Website he was able to file what is known as a 440 Motion – a motion moving to vacate his conviction based upon newly discovered evidence which demonstrates his innocence.  This was the fulfillment of what has now been twenty years worth of hope and efforts on the part of the Friedman family.

The matter went before the same judge who set Jesse's bail in 1987 at $500,000.  He denied the motion in its entirety.   No hearing, or judicial relief was granted.  Sadly this was not a surprise. Jesse's legal advisors believed it was unlikely that he could receive a fair hearing or judgment of the facts in Nassau County.  The defense had filed a motion requesting a change of venue due to prejudice. That motion was denied. Jesse filed a complaint against judge Abbey Boklan with the New York State Commission on Judicial Conduct.  Because he feels the Commission dismissed his complaint with prejudice he has decided to make the complaint public. 
 

A petition requesting that the Appellate Division review the lower court's decision was denied. A petition requesting that the Court of Appeals review the lower court's decision was also denied. The Federal Habeas Corpus papers were filed in July 2006.

A message from David Friedman:

The original filing was the product of a team effort. It is an honor and a privilege to have Mr. Kuby working on this matter.  He is extremely selective about the cases he works on these days because of his daily radio show.  Also, he seems to be at a place in his career where he would rather take a case because it is interesting to him both professionally and personally.  I can't repeat often enough, and Jesse feels the same way, that it is an honor and a privilege to have Ron Kuby agreeing to help my brother.

To show my appreciation, and to offer what gratitude I could I have collected two "thank you" gifts which I am offering:

As many viewers of Capturing the Friedmans already know, on the night before Jesse went to prison I shot two hours of videotape of what was Jesse's last night.  My brother and I have edited this material into a movie called "Jesse's Last Night".  For a donation of $25 or more I am offering a DVD copy of Jesse's Last Night.

Additionally, Jesse has compiled a 50 page collection of some of his essays written while in prison, and a few pieces he has written recently about adjusting to life outside of prison.  This collection is also being offered as a thank you gift for a donation of $25 or more. (Both gifts can be requested for a $50 donation or more.)

Donations may be made by check directly to the Law Office of Ron Kuby.  Simply enclose a note indicating that the funds are in support of Jesse Friedman, and they will apply the donation towards the account.  The office is fully aware of our fund raising efforts.  For on-line credit card contributions please use Pay-Pal and those funds will also be applied to the accounts with Ron Kuby.

Thank you for the outpouring of sympathy, support and encouragement.  The exoneration "in the eyes of public opinion" as my brother likes to say has provided him with strength and inspiration.  Now we are working towards a true exoneration in the eyes of the law as well. Please know that myself, and every member of the Friedman family, appreciates the amazing journey viewers have traveled together with us through Capturing the Friedmans.  We thank you for your help and support towards making right all the wrongs which have befallen Jesse.

Checks may be mailed to:

Law Office of Ronald L. Kuby
119 West 23rd Street
Suite 900
New York, NY 10011
 

Or on-line via Pay-Pal   

Contact us by e-mail: DefenseFund

For any more recent updates about the status of Jesse's appeal please visit www.freejesse.net