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tv   Nightline  ABC  August 9, 2013 12:35am-1:05am EDT

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debated 25 years after the fact. arnold friedman and his son, jesse, both pled guilty to a series of horrible sexual crimes. the victims? young boys. millions of americans debated the case and in the years since, new evidence has come to light including evidence from an appellate court, wondering if justice was really done. with witnesses recanting, we recapture the friedmans. >> what is today's date? >> today is the date before i went to jail. >> reporter: this is jesse friedman in a home video, 25 years ago, he is 19 and about to go to prison for a series of terrible crimes. hundreds of counts of molesting young boys in great neck, long island. >> a teacher in long island is charged with sodomizing young
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boys who were his students. did you ever do it? >> no. >> reporter: he may be denying it on his way to prison, but he pled guilty, along with his son. he went to prison for 13 years. and this is jesse friedman today, we've taken him back to his childhood home. when was the last time you were on this street? >> 25 and a half years ago. >> reporter: the prosecutors call it the scene of the crime. but he is determined to prove them wrong. armed with a stunning u.s. court of appeals rulings, saying there was a reasonable likelihood that jesse friedman was wrongly convicted. and shocking new evidence, child witnesses now all grown up who say it never happened. >> i just consciously decided to lie. >> i can tell you as god is my witness, and on my two children's lives, i was never raped or sodomized. >> they said it just in order to
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get them off your back. >> reporter: how could you possibly plead guilty to these crimes if you didn't do it? >> if you have never been in the position that i was in, then you don't fully understand. >> reporter: few have ever been in the position that jesse friedman found himself in 1987, his father, arnold friedman taught an after-school computer class at his home. jesse was his assistant. authorities discovered that arnold was purchasing child pornography through the mail. >> this is a list of magazines found behind the piano. young boys and sodomy, incest case histories. something called chicken pickens magazine. and in addition to that, we found evidence of computer classes being taught there by mr. friedman. and i remember walking in there and saying, god, we could have a problem here. >> reporter: police launched an investigation. questioning the boys in the classes. one by one, dozens of boys said
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arnold and sometimes jesse gave them porn video games. one game was described by a former student. >> yeah, we talked. i remember about that. it is kind of like twister, where we would have to sit down our [ bleep ] would be in the air, arnold and jesse would leap from one person to another. sticking their [ bleep ] each in their [ bleep ]. >> as we conducted more interviews of the children, jesse's name popped up. later we were able to understand that jesse's role was not one of helping his dad conduct the computer class, but basically abusing the children himself. >> reporter: five months into the investigation, arnold friedman pled guilty. >> one count, in full satisfaction of this indictment? >> yes. >> reporter: not only that, he
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confided to his wife he had abused boys in the past. >> we were sitting in the therapy office, and he said oh, i just molested two boys. i said two? i thought you said only one. >> reporter: all of which made jesse friedman's case more complicated. how could he be innocent if the cases took place right in front of him? the community was up in arms, captured in front of the courthouse. and ultimately, a year after the investigation began, jesse, too, pled guilty. so we were determined to question, why would he have pled guilty if he didn't do it? >> i was 18 years old. and i was the only person standing up and saying these things never happened. my lawyer's position was, basically, it doesn't really
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matter if you're innocent or guilty. there is no way you can win this trial. and he was right. the game was rigged. the fix was in. >> reporter: if the story seems familiar it may be because it was told in an oscar-nominated documentary back in 2003, capturing the friedmans. >> they're going to put me in the movies. >> reporter: the film director said he couldn't get the friedman story out of his head. for the past ten years as he dug deeper he began to have more and more doubts as to whether justice had been served. >> people who were part of those computer classes came forward and said nothing ever happened in these classes. -pt classes were mass raping sessions, it is impossible that it took place in front of dozens of dozens of witnesses. >> reporter: you were convinced he was not guilty, completely railroaded into this conviction.
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>> i am persuaded of this. >> reporter: he says this was a time when other sensation allegations of child abuse like the infamous mcmartin daycare case would turn out to be unfounded. >> this case occurred at a time when the country was consumed with a real mass hysteria. >> reporter: they believe they were swept up in the wave, pushing thing to say things that were not true. he went back to some of the boys, now adults. hear what five of them had to say. >> i knew nothing had happened. i wanted to be done with it. i was so tired of rehashing it. >> if i said it. it was not because it happened, it was because someone put those words in my mouth. >> they were asking me questions, i just wanted to give
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them something. >> they asked did he ever come into full contact with you? i think i probably told them that i did. >> i told myself that it was not true. >> it was a nightmare, it never ended. i still wake up in cold sweats from it. >> reporter: three years ago, with the urging of the appellate court, the district attorney's office began a review of the case, on the edge of completion. this is jail time behind him. you may have wondered why jesse cares so much about clearing his name. he says it is partly because of this woman. his wife, elizabeth. >> it is hard for us to make new friends because there is always a sort of third date moment, where you have to say this is my deal, this is who we are, this is wt we are dealing with. >> reporter: they have been married six years. >> do you like it? well, that is what is important. >> reporter: what they do want is children. but as a convicted sex offender, jesse cannot be within 2500 feet of a child. >> i don't know if i'm going to
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get to have babies. i don't know what is going to happen. >> reporter: would you like to have babies? >> i would like to have a family. i would like to -- have things be normal. but i have accepted that this may go on so long that i may not be able to have my own children. >> reporter: as we ended this interview today, jesse friedman has been told that the district attorney's report may have been released any moment. >> here i am again, finally at plead place where i am really certain that i am going to be declared innocent. yaah! >> reporter: but what is the truth? jes jesse friedman, is he guilty or the victim of a terrible injustice, suffering for his father's sins. when we come back, finally the
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moment that jesse has waited for so long. the prosecutor's report comes out. en get through the day. so i was honest with my doctor. i told her i'd been feeling stuck for a long time. she said that for some people, an antidepressant alone only helps so much and suggested we add abilify (aripiprazole). she said that by taking both, some people had symptom improvement as early as 1 to 2 weeks. i wish i'd talked to my doctor sooner. [ female announcer ] abilify is not for everyone. call your doctor if your depression worsens or you have unusual changes in behavior, or thoughts of suicide. antidepressants can increase these in children, teens and young adults. elderly dementia patients taking abilify have an increased risk of death or stroke. call your doctor if you have high fever, stiff muscles and confusion to address a possible life-threatening condition. or if you have uncontrollable muscle movements, as these could become permanent. high blood sugar has been reported with abilify and medicines like it and in extreme cases can lead to coma or death. other risks include increased cholesterol, weight gain, decreases in white blood cells, which can be serious, dizziness on standing, seizures, trouble swallowing, and impaired judgment or motor skills.
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. three years after the u.s. court of appeals urged the nassau county district attorney to re-examine the conviction, it looks as if the district attorney is about to reveal the findings. friedman believes he will finally be exonerated. and on the day he gets his call, we go back to his family home, the place where police believe was the scene of the crime. when was the last time you were on this street? >> twenty-five and a half years
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ago, the morning i left the house to go to court and plead guilty. >> my life is as good as over. >> reporter: jesse friedman spent 14 years in prison for sexually abusing young boys. although he pled guilty at the time, he says it was not true. we have asked him back to what prosecutors say is the scene of the crime. the house he grew up in. >> it looks smaller than i remember it. >> reporter: it does? >> yeah, it feels really small. >> reporter: is this the room? >> this is the room. >> reporter: we were eager to see if the room seemed large enough for the kind of sex games police and prosecutors say took place here. >> they would have been three table tables. >> reporter: you were packed in here. >> here, the chairs would have been back-to-back. >> reporter: although there is a bathroom and a small bedroom, just where the classroom used to be, where many of the students say much of the abuse occurred. although jesse said nothing inappropriate happened here.
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how does it feel, jesse? i mean, this room has defined your life in so many ways. >> this room has been implanted with an idea that never existed. this is new. >> reporter: she has never been to her husband's childhood home or seen this room. this is where a perfectly happy family was destroyed. for no reason. >> reporter: but that is certainly not how the nassau d.a. sees things, the day we visit the house, the long-anticipated report commissioned by the d.a. is released, but instead of the freedom that he sought, the report is a deadly report of his conviction, including a body blow that the director of the film brought forward. jesse and his wife get the news from his lawyer over the phone. >> the court does not exonerate jesse. >> reporter: their hope
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shattered. a few hours later, jesse and his team get a copy of the 155 page report, which throws out the recantations that were sent to the district çóattorney, they we found to be either over-stated. reliable, or unable to be substantiated. not only that, the report claims new evidence of jesse's guilt. the review team discovered signed and sworn statements of three additional boys who gave detailed accounts of sodomy and detailed abuse committed against them by jesse friedman. the report also raised questions about jesse friedman's state of mind, citing a doctor hired 25 years ago by his own defense lawyer to evaluate him, who noted his personality, narcissism, and inability to distinguish right from wrong. even more troubling, a statement
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by his brother who told prosecutors that he knew jesse guilty. he said he is guilty, because arnold told me. none of which shakes the confidence of jesse or his team. a case in point, they say, this recent letter from former accuser kenny doe. >> he stated that none of the thing s attributed to him, none of the complaints or allegations made by him ever happened. you can't say that this was not a recantation. this is the clearest possible recantation. and what of his brother who said that jesse confessed to him. >> he is recounting something that allegedly arnold friedman, who by all accounts, was crazy, allegedly said to him.
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that is not inadmissible evidence in any courtroom on this planet. >> the entire case hinged on the testimony or the supposed statements of mainly 8-year-old kids. there was no physical evidence or medical evidence. >> reporter: he is a best selling author and expert in the area of child exploitation and security. he, too, wrote a report on the case. he says he believes the case was fatally tainted by the way the police interviewed the children. >> when you see the nature of how the interviews were done you begin to understand that you could get an 8-year-old kid to admit he killed kennedy. some of them were visited 15 times by the police. one of them had a seven-hour interview, in adult terms that would be called abuse or torture. >> reporter: they say the district attorney's report acknowledges that the police used unprofessional, unfair and cruel tactics in interviewing the child witnesses, including telling the boys they would
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become homosexual if they didn't say they were abused. techniques which would not be permitted today. but prosecutors are convinced they sent a guilty man to prison. while jesse friedman passionately denies that. >> it is really difficult when the district attorney lies. >> reporter: he says he really wants the day in court he never had. the chance to go to trial and let a jury decide what is justice. >> i have more fight in me than i ever, ever had before. so game on. >> jesse friedman's law filed new material with the new york court yesterday. the nassau county district attorney declined our repeated requests for an interview. we'll be right back with tonight's feed frenzy. ♪ ...and stain it... and stain it. so every day, use crest 3d white toothpaste to remove up to 90% of surface stains in just 5 days. no wonder crest 3d white is the number one whitening brand.
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