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March 16, 2009

Agriprocessors Trial Update

Attorneys spar over undocumented worker witnesses.

Attorneys spar over witnesses

Miller email 1 Miller email 2 DES MOINES (AP) -- Prosecutors and attorneys for an embattled kosher meatpacking plant and its former manager are sparring over taking testimony from witnesses before the case goes to trial because of worries that some could leave the country.

Nearly 100 counts were filed against Agriprocessors and managers following a raid by federal immigration agents last May in Postville. Agents arrested 389 people.

 Indictments name Agriprocessors, former manager Sholom Rubashkin and three co-defendants -- Brent Beebe, Hosam Amara and Zeev Levi -- who worked at the plant. Authorities have asked for help finding Amara and Levi.

The charges include conspiracy to harbor undocumented immigrants for profit, aiding and abetting the harboring of undocumented immigrants and conspiracy to commit document fraud.

About 25 people arrested in the raid were later named as potential material witnesses. Most of them will be deported, but first they must wait while the cases against the former managers and company wend their way through the federal courts. Trial is scheduled for September.

Last month, a federal judge ruled that the witnesses, nearly all whom were convicted of felonies following the raid, could be released from electronic surveillance despite a request from the U.S. attorney's office for continued monitoring.

In a motion to perpetuate testimony filed last month, Rubashkin's attorney, Guy Cook, argued that four of the material witnesses should be compelled to testify before trial this fall.

The four witnesses are: Victor Hugo Sis-Tapaz; Elmer Azurdia-Jerez; Javier Lopez-Sajche; and Selvin Godinez.

Government resistance to motion 3-10-09:
Download Governemnt response to Rubashkin Motion 3-10-09

Email from Iowa Deputy Attorney General regarding the Iowa state cases, DHS and possible deportation of witnesses:
Download Iowa Dpt Attny Gen email re; DHS and possible deportation

Comments

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I am completely baffled by this legal jockeying.

Some people wonder if there were gifts involved for the witnesses. Who were they going to testify against? Why are the SMR lawyers so worried about the witnesses leaving? Very interesting. Why no more monitoring when the prosecutors wanted it to remain in place. Lots of questions--and if SMR is involved there is some angle to the situation unbeknownst to the prosecutors.

I firmly believe the trustee is organizing his 'strategy' as well, this in preparation for the auction date.

Chiam will follow Heshy out the door, pre-auction. Getzel will simply follow Heshy.

Youssi will remain. He will be the Rubashkin link. I believe Youssi is the obvious choice because of the decency he exudes, in addition to, his friendly nature.

. . . and Youssi's surname is not (Rubashkin).

CPN
I'll believe it when I see it. In order to maximize sale price the Trustee's strategy will be to sell an operating concern. He'll want to list employees and their jobs at the time of sale to give the illusion tha the place is more productive then it actually is.

state of disgust:

Since when is . . . 'weaseling' one's way through life considered a marketable asset?

Those previously in charge, clearly lack the sensibility necessary to operate a facility such as Agriprocessors.

The media has exposed the illusions, as well as the inferior business savvy present amongst the former leadership-long, long ago.

. . . and by the way, there is a long list of reputable, devoted people who have years of experience working at the facility.

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