A federal appeals court has denied a former Postville meatpacking executive’s request for a new trial, saying he failed to show the judge in the case was unfairly biased in favor of the prosecution.
Federal Appeals Court Denies Rubashkin New Trial
A federal appeals court has denied a former Postville meatpacking executive’s request for a new trial, saying he failed to show the judge in the case was unfairly biased in favor of the prosecution.
Sholom Rubashkin was convicted in 2009 of 86 fraud charges, which led to a 27-year prison sentence. Rubashkin ran the Agriprocessors kosher meatpacking plant, site of a huge immigration raid in 2008 that contributed to the business’ collapse.
Rubashkin’s case and long sentence drew national attention, including from six former U.S. attorneys general who voiced concern about his treatment.
His lawyers said U.S. District Judge Linda Reade should have stepped aside from his trial because she cooperated closely with prosecutors before the immigration raid, showing bias against the plant’s owners.
The appeals court in St. Louis ruled this morning that Rubashkin failed to show Reade was required to recuse herself from the fraud trial.
“Our approach is consistent with that of the Supreme Court, which has held that recusal is not necessarily required even after a district court has expressed ‘impatience, dissatisfaction, annoyance, and even anger’ toward a party. There is nothing like that in this record,” the appeals court wrote.
Rubashkin’s convictions stemmed from allegations that he created false invoices and moved money around to trick the company’s main bank into lending Agriprocessors millions of extra dollars, which were lost when the company folded.
Rubashkin’s lawyers argued Reade unfairly allowed prosecutors in the fraud trial to talk about separate allegations that the executive participated in schemes to hire illegal immigrants to work in the plant.
The appeals court ruled the court was correct to allow immigration evidence into the fraud trial, because Rubashkin had signed bank documents promising that his company was not involved in illegal activity.
The immigration allegations were to be the subject of a separate trial, but prosecutors dropped Rubashkin’s immigration charges after he was convicted of bank fraud.
CC Bilo
where is god?
CN
Where’s the decision? Can it be appealed higher?
omg
did this catch the lawyers by surprise?
moshiach!
what!wats going on here! im so confused
so wrong
MOSHIACH WE NEED YOU..HASHEM WE DON’T UNDERSTAND!!!!!!!!!!!!!!!!!
JN
To #2:
The Rubashkin team can still try to appeal the case to the full Court of Appeals (this case was only before three Court of Appeals judges) and then he can appeal to the US Supreme Court. He has no automatic right to have the case heard by either the full court or the Supreme Court. It is rare to be granted an appeal to the full court and even rarer to win. The Supreme Court only takes approximately 30-40 criminal cases out of the thousands they are asked to hear every year from all across the country.
Supream Court
On to the Supream Court. Only if they will hear the case. It will cost another 5 to 10 million.
Republican
Time to go to Obama. He needs the Jewish vote. It’s Pidyan shvuiim here & as a die hard Republican I would vote Democrat without a second thought if it got SMR released.
pinny
sadly he is done with unless Obama pardoned him…. I always thought cook and lewin were the wrong guys for this case…
millions down the drain!!!
Izzy
agri star should pull its bussiness out of Iowa and we should start a campaign to boycott everything that is made in Iowa. no Jew should spend his vacation there
to #1
G-d is still there even if G-d acts in a way you wouldn’t expect
DeClasse- Intellectual
#8Commit your self to an insane asylum. There are still other avenues of appeal.
cor
they are just putting off the inevitable which is that they will all get caught covering up for each other and themselves.
He will be ok, IY”H. Keep up doing maasim tovim in his name.
julio manuel
We should send petitions to the President to pardon him.I personally have seen homicidal convicts sentenced to less years. this is absurd.
Here:
http://www.justice.gov/pard…
Thinkster
Who ever said that Law = Justice? The system is broken.
to #8+#1
what has god to do w this? its his will. period.
and Obama? you think he gives a crap? he has more important things to deal with than this non headline. its over. get over it.
To 9 Pinny
Yeah, smart pants. You have all the answers.
How much did you even donate? I would hazard not too much.
mendel
why dosnt someone call rabbi levy shemtov in wahington are rabbi avrohom shemtov who has a opend door in the white house
Leah
HASHEM, THIS IS ENOUGH!
AD MOSAI!!!!!!!!
Yidden!!! instead of all worrying what should be done, TAKE ACTION!!!! our brother is in pain!!! say tehillim! hachlatos… this test is not only for Reb Sholom Mordechai but for all of klal Yisrael!! If each one of us would do even ONE more thing to bring moshiach ONE step closer, i’m sure Moshiach would be here by now!!! I just learnt that the first step is always kabalas ol and from there we can do more so everyone please take on one thing and spread the word that Moshiach is coming right now!!!!!!!! AD MOSAI!!!!!!!
Here-s an idea
Let’s redirect all our tzedaka money toward a campaign promoting Jewish honesty and integrity in business!
Davining our kishkas out in St.louis!
We Are still Davining,
and we hope to celebrate your release soon!