New Movie: Witch Hunt

I would like to bring to everyone's attention the film "Witch Hunt", directed by Dana Nachman and Don Hardy, and narrated by Sean Penn. 

The film chronicles the events which transpired in Kern County (Bakersfield) California, and the dozens of people who were falsely charged with child sexual abuse as part of massive "sex rings".  Specifically, the film tells the story of John Stoll, Scott and Brenda Kniffen, Alvin and Debbie McCuan, Jeff Modahl, Jack and Jackie Cummings, Rick and Marcella Pitts.

This film is filled with heroes.

The film makers themselves: for tackling such a difficult, and generally unpopular subject matter, and for their fortitude to stick with the project over more than four years determined to see these stories of injustice told.

Those who were falsely imprisoned, bared down, stood strong, and fought the good fight, no matter how long it took, to see the truth about their innocence told.

Those who were involved as with the police, social services, and the District Attorney's office as children, who now as young adults have been brave enough to come forward with the truth about how those in authority were acting in true "criminal" behavior, and not those accused of sexual abuse.

However, hearing these particular young adults speak of their pain, guilt, trauma, confusion, and remorse over allowing social service workers to convince them to lie when they were children was the most powerful aspect of this film for me.

I have heard many, many stories of false arrest (as well as lived one of my own). There is no doubt that the stories of struggle and survival from those falsely accused are moving beyond words. I think for me it is just different since I know so many of those involved personally, and I am so familiar with their lives. 

Hearing the pain and perspective from the different side of those wronged by the justice system; hearing how much these false arrests harmed the children involved, is the most powerful aspect of this new film. 

I have copies of the DVD available as thank you gifts for donations to my legal defense fund.

Jesse's Books

Jesse has been working on his memoirs for many years, with a still yet unfinished manuscript.  Jesse has selected and compiles a 50 page collection of some of his essays written while in prison, and a few pieces written more recently about adjusting to life outside of prison.  This collection is being offered as a thank you gift for a donation of $25 or more. 

This is an excerpt from the book, "Sitting the Backseat of a Sedan" a present-tense narrative about Jesse's trip to attend his father's funeral in chains while still incarcerated.  It was published in Swink! magazine, and Jesse was invited to read from the essay at the publication launch party.  You may listen (streaming audio) to the reading.

Donations by check may be mailed to:

The National Center for Reason and Justice

P.O. Box 230414

Boston, MA 02123-0414

Or on-line via Pay-Pal 

Contact us by e-mail: DefenseFund

Update on Appeal

The United States Court of Appeals for the Second Circuit in affirming the conviction of Jesse Friedman has at the same time expressed concerns regarding his guilty plea.  In its decision, the Court has asked me to conduct a complete review of the underlying case against Mr. Friedman.   I have assembled a committee of seasoned prosecutors from my office to begin this process.  The investigation will, necessarily, involve examination of the work of a prior district attorney's administration and of former Nassau County law-enforcement personnel.  Because of this unique set of circumstances, and, in an effort to ensure the transparency and impartiality of the investigative process, I have chosen to impanel a team of recognized law-enforcement, legal and social science experts to work alongside my prosecutors throughout this investigation.  Once I have completed the expert selection process, the names of those enlisted will be made public. I have already ordered that all the records and files from this conviction be delivered to my investigative team and I expect to waste no time in starting this necessary process.  A prosecutor's job is not to obtain convictions, but to obtain justice.  I cannot predict whether or not our investigation will corroborate the criminal case brought against Mr. Friedman more than two decades ago.  What I can guarantee is that my investigation will be thorough and it will be fair.

Recent Victorious Decisions 

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. Here is the statement from the District Attorney's office:

The United States Court of Appeals for the Second Circuit in affirming the conviction of Jesse Friedman has at the same time expressed concerns regarding his guilty plea.  In its decision, the Court has asked me to conduct a complete review of the underlying case against Mr. Friedman.   I have assembled a committee of seasoned prosecutors from my office to begin this process.  The investigation will, necessarily, involve examination of the work of a prior district attorney's administration and of former Nassau County law-enforcement personnel.  Because of this unique set of circumstances, and, in an effort to ensure the transparency and impartiality of the investigative process, I have chosen to impanel a team of recognized law-enforcement, legal and social science experts to work alongside my prosecutors throughout this investigation.  Once I have completed the expert selection process, the names of those enlisted will be made public. I have already ordered that all the records and files from this conviction be delivered to my investigative team and I expect to waste no time in starting this necessary process.  A prosecutor's job is not to obtain convictions, but to obtain justice.  I cannot predict whether or not our investigation will corroborate the criminal case brought against Mr. Friedman more than two decades ago.  What I can guarantee is that my investigation will be thorough and it will be fair.

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 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 brother's innocence within the investigation record, they were bound by procedural law to deny the petition, saying:

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.

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.

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.

As mentioned above: 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 to the National Center for Reason and Justice (how to donate) and are completely tax-deducible.  Donors may request that the funds be allocated for Jesse Friedman's case as the NCRJ is officially sponsoring my brother's case.  The board members and their advisors, are administering all funds, and overseeing the lawyers working on the appeal.

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:

The National Center for Reason and Justice

P.O. Box 230414

Boston, MA 02123-0414

 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