Des Monies Register Blog

Sholom Rubashkin talks with Leah Rubashkin during a break in the child labor trial at the Black Hawk County Courthouse on Thursday, May 13, 2010 in Waterloo. S. Rubashkin was the co-Vice President of Agriprocessors in Postville. (RICK TIBBOTT/ Courier Staff Photographer)

After the jury left the courtroom yesterday, defense attorney F. Montgomery Brown asked the prosecution to turn over all evidence — if it hasn’t already — related to transcripts or summaries of interviews of witnesses by government agents after the immigration raid.

When presented with a written record on cross-examination, most of the witnesses have said they don’t remember any specifics about the interviews. Others said they don’t remember doing any interviews.

Judge Calls Witnesses Credibility into Question

Des Monies Register Blog

Sholom Rubashkin talks with Leah Rubashkin during a break in the child labor trial at the Black Hawk County Courthouse on Thursday, May 13, 2010 in Waterloo. S. Rubashkin was the co-Vice President of Agriprocessors in Postville. (RICK TIBBOTT/ Courier Staff Photographer)

After the jury left the courtroom yesterday, defense attorney F. Montgomery Brown asked the prosecution to turn over all evidence — if it hasn’t already — related to transcripts or summaries of interviews of witnesses by government agents after the immigration raid.

When presented with a written record on cross-examination, most of the witnesses have said they don’t remember any specifics about the interviews. Others said they don’t remember doing any interviews.



“We’re confronted with a road block of amnesia regarding the existence of these interviews,” Brown said.

Black Hawk County District Associate Judge Nathan Callahan said he has no reason to believe the prosecution has withheld any exculpatory evidence (information that will help with Rubashkin’s defense.)

However, he said the defense has successfully attacked the credibility of some of the witnesses, in his opinion.

“I don’t mind saying the defense has effectively used those interview sheets to show that some of the witnesses have some problems with credibility. I’ll just leave it at that.”

He then said:

“When you’ve got somebody who gets on the stand and says I don’t remember talking to anybody ever, it’s a credibility problem if they’ve given a bunch of interviews.”

The defense continued its line of questioning Friday morning regarding interviews by state investigators with the witnesses at St. Bridget’s Catholic Church in Postville.

State prosecutors and defense attorneys presented documents that showed the witness gave contradictory statements in an interview with an immigrant advocate in Florida in October 2008, and with a state criminal investigator at St. Bridget’s Catholic Church in December 2008.

“Do you remember in a law enforcement interview, telling an agent that you were never injured while working?” Weinhardt said.

“I don’t remember. Every time I’ve been interviewed I’ve said what I said today,” said Yukary Hernandez Gonzalez, through an interpreter.

Weinhardt then asked her the same questions several times, pursuing a direct answer.

“If an interview report said you were never injured while working, are you telling us today that the interview report was wrong? And I think that’s a yes or no question,” he said.

“I can’t say yes, because I don’t’ remember. I can’t say no, because I don’t want to say it’s wrong,” she responded.

Weinhardt then asked if she remembered telling the state investigator in the same interview that she did not think it was obvious minors worked at the plant.

“That I had said that? I don’t remember,” she said.

“That’s not exactly my question,” Weinhardt said. He then repeated the question several more times.

“I don’t know,” she said, shaking her head. Hernandez Gonzalez said she could see the minors because their faces were “like children.”

Assistant Iowa Attorney General Laura Roan then asked her if she remembered giving an interview to a Florida immigrant advocacy center in October 2008.

Hernandez Gonzalez said she never gave an interview in Tallahassee while in federal prison.

She served five months in prison after her arrest in the May 12, 2008 immigration raid on Agriprocessors.

Roan then showed her signature on a copy of her interview with an immigrant center in Tallahassee. She said it was hers.

The document said she told an immigrant advocate, “There were many other minors in the area. The supervisors could tell they were minors because they looked young. And the workers talked openly about how old everyone else was.”

Hernandez Gonzalez said the statement was accurate because that’s what she has always told people in interviews.

13 Comments

  • wow

    THE PICTURE DEPICTS THE LOOK OF TWO VICTORIOUS PEOPLE!! UNYIELDING AND TRIUMPHANT!

  • tanya

    Beautiful photo of the Rubashkin’s. May Hashem shine his countenance upon them and give them peace and may they live bshalom, happily ever after.

  • A fellow yid

    Rubashkins, we’re behind you all the way, every day. Be strong, and may Hashem speedily grant you a full yeshua!

  • Only trusting in G-d will set you t free

    Thanks for posting the photos. Seeing this man with a smile on his face brings tears to my eyes.

  • Bribery

    They call themselves “Federal Prosicuters”.
    They say they paid 35k to fly the witnesses.
    They don’t say how much bribery they paid the witnesses.

    But the answer seems obvious.

  • Moved to tears

    Leah Rubashkin, you are an amazing human being. From this picture, it is obvious who else thinks so. May the two of you celebrate together, back home with your children in freedom and happiness very, very soon.

  • AMAZING

    What incredible strength and unity shows through in this picture…a true unit,facing whatever comes their way…I am sure that my tefillos are just one of many storming the heavens for this incredible family. Hatzlacha and may we hear good news soon.

  • Bribes

    to 05/14/10 – 19:09,

    The bribe the DA is giving these witness is 4 year work Visa, even with thier bribes they cannot keep track of thier lies.. today they 15 tommrow they are 21 and after ttommrow they are 16 1/2 and the day after that they are 18 again.

    The Witness cannot even keep up on thier lies.. then they bring up a convicted criminal and drunk whi is in jail for DWI to testify.

  • cal

    The picture is worth a thousand words!!!
    We are with you all the way Rubashkins

  • BH

    May we soon hear the news that we are all waiting to hear that R.’ Sholom is a free man. We are all davening every day.
    May Hashem answer our tefillos in a complete and revealed manner. OMAIN

  • ch neighbor

    Sholom and Leah, may you know of no more tzoros, I have a feeling we will have a seudas hodaa real soon and Shalom Rubashkin sitting with all his amazing family. Amen!