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JewishJournal.com

January 4, 2011

Rubashkin appeal seeks new trial

http://www.jewishjournal.com/nation/article/rubashkin_appeal_seeks_new_trial_20110104

Lawyers for convicted former Agriprocessors executive Sholom Rubashkin have appealed a judge’s decision denying their bid for a new trial.

In a brief filed Monday with the U.S. Court of Appeals in St. Louis, Mo., lawyers for Rubashkin made four arguments on his behalf, chief among them that the presiding judge in his case, Linda Reade, should have recused herself. Reade had rejected that argument in October.

Rubashkin was convicted in 2009 on 86 counts of fraud related to his management of the Agriprocessors meatpacking plant in Postville, Iowa, and later was sentenced to 27 years in federal prison.

According to the brief, government documents that surfaced after Rubashkin’s conviction and not made available to the defense showed that Reade was involved in the planning for a major federal immigration raid of the Postville plant in May 2008. Reade’s “excessive coziness” with prosecutors planning the raid raised doubts about her impartiality in the case, the brief claims, and as a result Rubashkin is entitled to a new trial or, at a minimum, an evidentiary hearing.

The 2008 raid at the time was the largest immigration enforcement action in American history and led to a string of accusations against Rubashkin, among them charges of identity theft and child labor violations. The bulk of those charges subsequently were dismissed.

Still, the trial was widely criticized, particularly in the Orthodox community, for the alleged zealousness with which federal prosecutors pursued the case.

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