Rubashkin Attorney Argues for Case to be Dismissed

CEDAR RAPIDS, IA [AP] — The former manager of a kosher slaughterhouse wants a federal judge to dismiss nearly 100 counts against him, and if not, to allow him to be tried separately on some of the charges.

In motions filed Jan. 30 in U.S. District Court in Cedar Rapids, Sholom Rubashkin asked the court to dismiss the 97 charges against him, arguing that the grand jury that returned an indictment was biased.

“Improper testimony and conduct substantially infected the grand jury’s decision to return an indictment against Defendant Rubashkin,” his attorney, Guy Cook, argued in the motion.

Rubashkin, former manager of the Agriprocessors Inc. plant in Postville, faces multiple immigration and bank fraud charges. A 99-count indictment against him and four other defendants followed a May 12 immigration raid at the northeast Iowa plant that resulted in the arrest of 389 people, most of them Guatemalan and Mexican nationals.

Cook said arguments for dismissing the charges are discussed in a separate brief, however, he has moved to have that documents sealed because it makes references to grand jury proceedings, which are secret under federal law.

Cook also argued in court records that trying his client on all 97 counts would violate federal court rules and be “severely prejudicial to Sholom Rubashkin’s right to a fair trial.”

He asked that the immigration and bank fraud charges, as well as charges of violating a U.S. Department of Agriculture order regarding the sale of cattle, be handled through three separate trials.

An additional request Cook makes is that a charge against another Agriprocessors worker, Hosam Amara, who prosecutors accuse of fleeing to Israel, be tried separately from the other defendants in the case.

“It is too likely that the jury might assume–like the government improperly argued–that, since Hosam Amara fled to Israel, Sholom Rubashkin who is Jewish will flee to Israel as well,” he stated in court records.

The government has previously noted Israel’s Law of Return, which offers every Jew–with certain restrictions–the right to emigrate to Israel and get citizenship there. Cook has said that prosecutors’ invocation of that law during earlier proceedings sets a dangerous precedent, and that under the government’s theory, any Jewish person would be suspect.

Last week, Rubashkin was released from the Dubuque County jail on $500,000 bail. He had been in custody since November after agents found thousands of dollars in a tote bag in his bedroom, as well as passports and birth certificates for some of his children. Agents alleged that Rubashkin planned to flee.

Under terms of his release, Rubashkin is required to wear an electronic tracking device and must surrender his passport and birth certificate. Prosecutors have said they don’t plan to appeal Rubashkin’s release.

Also last week, Rubashkin requested that his trial be moved from Cedar Rapids to Minneapolis or Chicago, arguing that he couldn’t get a fair trial in Iowa. A hearing on that issue was scheduled for Feb. 9.

The U.S. attorney’s office declined to comment on the recent motions filed in the case.

Besides the federal charges against Sholom Rubashkin, Agriprocessors and top managers have been accused of violating state and federal laws dealing with child labor, wage requirements and safety rules. The company also has filed for bankruptcy protection.