I think it's important to note that this co-called victim not only makes inconsistent statements (was he lying when he said nothing took place in front of others, or was he lying about the physically improbable leap-frog game? Does it matter?), but says that his recollections only came about after hypnosis. Now I am aware that the 2013 Nassau County DA investigation into their own conduct includes an Affidavit from this witness' supposed psychologist saying that hypnosis was never used, and the DA put this into evidence to refute any implication that this person's recollections were implanted. Again, does it matter? Because EITHER the memories are false and the result of hypnosis, or AGAIN, the witness is lying.
All of this is even more important because this wasn't just some minor witness, but was going to be the DA's "star witness" - on whose testimony nearly 40 of the criminal counts were based in the indictment!
Looked at against a backdrop of what we know now, that 5 child witnesses have fully recanted along with Ross Goldstein, the only adult witness who also was facing multiple counts of child sex abuse and was promised a lighter sentence in exchange for testimony, so say that there is reasonable doubt about Jesse and Arnold's guilt is an understatement. This case has so many holes in it one has to wonder at the ethics of the Nassau County DA's office, the Nassau County Police and the competence of the lawyers involved in representing the defendants (although I am inclined to give the lawyers a pass, knowing what they were up against, how little resources they had to fight with, the DA's office failure to turn over exculpatory evidence and the general disarray of the Freidman household, which could not have been helpful to building a defense).
FWIW,I have been a practicing lawyer in NY for over 27 years and this case makes me ashamed of my profession and the criminal court system in general.
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A wrench to the head changes everything.
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