In a Tuesday decision, acting NY State Supreme Court Justice Teresa Corrigan granted Jesse Friedman a hearing to determine whether he is actually innocent, scheduling the proceeding for early 2015. Corrigan also rejected Friedman's bid to have his conviction overturned.
|Jesse Friedman and wife Lisabeth|
I don't remember ever seeing a pedophile with a very attractive wife
His case was the subject of a 2003 documentary called "Capturing the Friedmans" that won a Sundance Film Festival prize and raised questions about Friedman's prosecution and also questioned evidence behind the accusations.
The judge's decision follows the Nassau County district attorney's decision in September not to oppose Friedman's bid for an innocence claim hearing. But prosecutors said in the same filing that Friedman had "made misrepresentations concerning evidence of his actual innocence" and that there were statements from victims who still maintain they were abused.
|Nassau County, New York|
Neither Friedman's attorney nor the prosecutors immediately commented on the judge's decision Monday.
In her ruling, Corrigan also noted that she hadn't watched the documentary because she believed her decision "should be decided on evidence that is not subject to the editing skills of successful and talented movie producers."
"The burden is now on the defendant to establish his innocence by clear and convincing evidence," the judge wrote.