Jewish Leaders React to Dismissal of Bias Claims in Rubashkin Case

Expert says Grand Jury tainted with negative attitudes about Jews

NEW YORK NY — Prominent Jewish leaders expressed concern over the dismissal of religious bias claims occurring in the grand jury proceedings against Sholom Rubashkin.

In a hearing last month, lawyers for Mr. Rubashkin argued that witnesses and prosecutors made several statements during the grand jury implying negative stereotypes about Jewish people, tainting their perception of the defendant. In a decision filed on Friday, the court declared that those claims were unfounded.

“Any time allegations of bias appear in the justice system, it is deeply troubling,” said Rabbi Pesach Lerner, executive vice president of the National Council for Young Israel. “We call for a thorough independent review of the testimony and a change of venue where true justice can prevail.”

During the course of the grand jury hearing, there were numerous instances of bias against people of Jewish heritage, according to Patricia Kuehn, a jury consultation expert who reviewed testimony of the proceedings. One witness, for example, joked about a Mr. Rubashkin being a “Jewish guy with a small hat and a beard.” Another witness made reference to the idea that Jews do not collect interest on loans to other Jews. Other criticisms were more subtle, Kuehn said, such as a Baptist minister who described his religion to the grand jury by stating, “I am like you.”

Kuehn concluded that because of these biases statements the jury could not have been free of influence in their decision against Mr. Rubashkin. She reviewed both surveys and historical scholarship regarding bias against Jews and examined the grand jury transcripts for instances of potential prejudice. Combining her findings with her experience in group psychology, Kuehn said the jury likely made decision based on stereotypes, not on the individual defendant.

“We are concerned that prejudice may creep into the proceedings, especially in light of the fact that the prosecutors made an issue of Jewishness during the discussion of bail, which was inappropriate,” said Abraham Foxman, National Director of the Anti-Defamation League.

Mr. Rubashkin, former vice-president of kosher meat packer AgriProcessors, was recently released on bail being held since his arrest on November 14th. Federal prosecutors had originally sought to deny Mr. Rubashkin bail, arguing that his Jewish heritage made him an increased flight risk due to Israel’s Law of Return policy. Many Jewish organizations decried that decision as biased against all Jewish people in the United States.
Mr. Rubashkin’s lawyers had been seeking to have all indictments against Mr. Rubashkin dismissed due to the bias. They are still applying for a change of venue for the trial, possibly to Chicago or Minneapolis, arguing the extensive negative media coverage has tainted the local jury pool against Mr. Rubashkin.

“He’s already been convicted in the court of public opinion,” said Guy Cook, Mr. Rubashkin’s attorney, adding that even Iowa Gov. Chet Culver seems to have drawn conclusions of guilt. “The publicity has been permeated with hostility.”

The government called no witnesses to rebut Ms. Kuehn’s testimony, Cook said. In his 28 years practicing law, many of those as a federal prosecutor, Mr. Cook said he was not aware of any case where a judge had allowed a third party to review private grand jury transcripts.