By ALVARO BLANCO
Oral arguments finally began on Tuesday in the long-running sexual abuse case involving a Long Island man accused with his father in 1988 of sodomizing children between the ages of 8 and 12.
This day in court came more than a decade after Jesse Friedman had served his 13-year sentence in his stubborn effort to clear his name.
Friedman’s case is one of controversy regarding the evidence that was used to convict Friedman and the DA’s office apparent refusal to release the evidence under the New York State Freedom of Information Law
“The fact that the evidence is unavailable proves my innocence,” said Jesse Friedman. “The DA will do anything to keep the evidence concealed.”
The debate of whether the evidence used to convict Friedman nearly 27 years ago should be released was the primary focus of this case. The prosecution refused full disclosure, citing witness confidentiality and avowed concerns that full disclosure would discourage future sexual abuse witnesses.
“Parents didn’t want their kids to testify and children don’t want to testify,” said the prosecutor Robert Schwartz in Brooklyn Appellate Court. “Details should not be released, as even recanters of statements want privacy.”
However, the defense argued that under the Freedom of Information Law the evidence used against their client should be released. In a report presented by the defense, which reached out to 17 of the witnesses, it was shown that 14 of the witnesses did not even bother to respond to the request of the full disclosure of their statements and of the three who did, only two were against full disclosure.
In 1988, Jesse Friedman and his father, Arnold Friedman, faced hundreds of charges of sexual assault and possibly life in jail if their case went to court. They were given the option to plead guilty, avoid trial, and receive reduced sentences.
Both men pleaded guilty. Jesse Friedman served 13 years; his father died in prison in 1995.
Friedman’s story was captured in the 2003 documentary “Capturing the Friedmans” by Andrew Jarecki, helping to clear Friedman’s name.
Friedman’s case was reopened in 2010 after the U.S. Court of Appeals raised the possibility that Friedman was wrongfully convicted. In 2013, after reviewing the case files, the Nassau County Supreme Court ordered the disclosure of the evidence and expressed concern about the information withheld from Friedman.
Due to his label as a sexual predator Friedman has been limited in the jobs he can find and how close he can be to children. Currently Friedman lives in Connecticut, with his wife, Lisabeth, and works as an online bookseller..
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