Rubashkin Trial: Defense Illegally Uses Autistic Son To Sway Jury

Former employee: "I knew at that plant you could get in without any documents, even if it was the face of another person. I even knew in Mexico that we could go in there and work."

There are two versions of the AP report that follows. Both are posted below:

Supervisor: Plant workers given immigration cards
By NIGEL DUARA • Associated Press (Waterloo-Cedar Falls Courier)

SIOUX FALLS, S.D. (AP) - A former kosher slaughterhouse supervisor testified Thursday that the plant scrambled to get workers new identification documents the night before a massive immigration raid.

Former Agriprocessors Inc., supervisor Carlos Guerrero-Espinoza said managers provided permanent resident cards to 20 employees and had them fill out new applications the night before the May 2008 raid at the Iowa plant, where nearly 400 workers were arrested. Guerrero-Espinoza said the cards were fraudulent and manufactured in Minneapolis a week before the raid.
His testimony came in the third week of former manager Sholom Rubashkin's federal trial on 91 financial fraud charges.

Prosecutors have been introducing alleged immigration violations into evidence over the protests of the defense team. Rubashkin also faces immigration charges but U.S. District Court Judge Linda is to hear those at a second, later trial.

Defense attorney Guy Cook filed two motions for a mistrial on Wednesday because of prosecutors' references to the alleged immigration violations. Reade denied the motions.

Also Wednesday, Reade chastised Cook with the jury out of the room for improperly using testimony about Rubashkin's autistic son to garner sympathy from the jury.

Cook apologized Thursday morning, saying he was "overzealous in defense of (his) client."

"I overstepped the bounds," Cook said. "I apologize for that, and won't let it happen again."

On Thursday morning, Cook told Reade he will file a motion Monday asking for a "directed verdict" on each count, or for Reade to find the case in the defense's favor.

Guerrero-Espinoza pleaded guilty in August 2008 to one count of conspiracy to hire illegal immigrants and one count of aiding and abetting the hiring of illegal immigrants. He struck a plea deal with prosecutors in exchange for his testimony in Rubashkin's trial and had his sentence reduced from 51 months to 36 months in prison.

In his testimony, Guerrero-Espinoza did not say Rubashkin directly told him to get the fake documents, but said Rubashkin was present at two of the meetings where fake permanent resident cards were discussed. Guerrero-Espinoza said the direction to get new permanent resident cards came from another supervisor, whom he saw meeting with Rubashkin days before the raid.

Guerrero-Espinoza also testified Rubashkin told him after the raid to go to St. Bridget's Catholic Church in Postville, where many plant workers not present during the raid sought sanctuary from federal agents. Rubashkin wanted him to ask the employees to return to work, he said.

He described the experience as unpleasant and said he had a difficult confrontation with a priest at the church.

Here's the second version, which contains and interesting statement from a former undocumented worker:

Supervisor: Plant Workers Given Immigration Cards
NIGEL DUARA • Associated Press (WCCO)

SIOUX FALLS, S.D. (AP) ― A former kosher slaughterhouse supervisor testified Thursday that the plant scrambled to get workers new identification documents the night before a massive immigration raid.

Former Agriprocessors, Inc., supervisor Carlos Guerrero-Espinoza said managers provided permanent resident cards to 20 employees and had them fill out new applications the night before the May 2008 raid at the Iowa plant, where nearly 400 workers were arrested. Guerrero-Espinoza said the cards were fake and made in Minneapolis a week before the raid.

His testimony came in the third week of former manager Sholom Rubashkin's federal trial on 91 financial fraud charges.

Prosecutors have been introducing alleged immigration violations into evidence over the protests of the defense team. Rubashkin also faces immigration charges but U.S. District Court Judge Linda is to hear those at a second, later trial.

Guerrero-Espinoza said plant managers got nervous after hundreds of federal agents gathered in Waterloo, Iowa, the week before the raid. Managers told workers with fake documents they would need "new papers" and must reapply for work permits. He said most of the applications were completed the night before the raid.

"I told the workers they were going to be terminated because their papers were no good," Guerrero-Espinoza said.

Defense attorney Guy Cook filed two motions for a mistrial on Wednesday and a third on Thursday because of prosecutors' references to the alleged immigration violations. Reade denied the motions.

Also Wednesday, Reade chastised Cook with the jury out of the room for improperly using testimony about Rubashkin's autistic son to garner sympathy from the jury.

Cook apologized Thursday morning, saying he was "overzealous in defense of (his) client."

"I overstepped the bounds," Cook said. "I apologize for that, and won't let it happen again."

On Thursday morning, Cook told Reade he will file a motion Monday asking for a "directed verdict" on each count, or for Reade to find the case in the defense's favor.

Assistant U.S. Attorney Pete Deegan said Thursday that he expects the prosecution to rest its case Monday, and Reade said the defense could finish with its witnesses by next week.

Guerrero-Espinoza pleaded guilty in August 2008 to one count of conspiracy to hire illegal immigrants and one count of aiding and abetting the hiring of illegal immigrants. He struck a plea deal with prosecutors in exchange for his testimony in Rubashkin's trial and had his sentence reduced from 51 months to 36 months in prison.

Another former Agriprocessors worker, Renaldo Lopez-Nunez, said he saw Rubashkin reviewing the new documents the night before the raid.

"(Rubashkin) was looking at the documents, inspecting them," Lopez-Nunez said. "Not all of them, but some of them."

He said he heard in Mexico that the plant in Postville, Iowa, would hire illegal immigrants without valid documentation.

"I knew at that plant you could get in without any documents, even if it was the face of another person," Lopez-Nunez said through an interpreter. "I even knew in Mexico that we could go in there and work."

[Hat Tip: FGBA.]

Comments

[Hometown Postville]

Neither article states how SMR's autistic son was used in the proceedings, just that his involvement was inappropriate.

[Yosef ben Matitya]

nothing kosher there.
not the owners, nor the shochets, nor the documents or the businesses!
nothing at all!

[a reader]

haredi father refuses to allow child to receive proper medical care at hadassa:
http://www.vosizneias.com/40988/2009/10/30/jerusalme-charedi-father-blocks-ambulance-from-taking-burned-daughter-to-hadassah-burn-unit

[Yochanan Lavie]

It's Dew Day!

[Yochanan Lavie]

Thirsty for the Dew (apologies: Duran Duran)

Dark in the courtroom, lawyer's a liar
Steam in the schlact house, cattle are dyin'
Dew Dew Dew Dew Dew, etc.
Rebbe you want me give me a sign
I want the judge to declare a mistrial
Dew Dew Dew Dew, etc.

I'm going down,
I'm on the hunt I'm after Dew
Smell like like a hound, fabrengen's a crowd
And I'm thirsty for the Dew.
Dance in a line, in disco and rhyme
I'm on the hunt I'm after Dew.
Mouth is alive with vodka and wine
And I'm thirsty for the Dew.

Stalked by the coptors, too close to hide
I'll put all the illegals inside
Dew Dew Dew, etc.
I don't care 'cause their skin is not white
I'll give them fake ID's just in time
Dew Dew Dew, etc.

In touch with the jury
I'm on the hunt I'm after Dew
Sound and a fury. My eyes getting blurry.
And I'm thirsty for the Dew.
The party line, it's discord and crime
I howl and I whine they're after Jews
Mouth is alive, running overtime
And I'm thristy for the Dew.

I'm thristy for the Dew. 3x

Dancing around, fabrengen is loud
I'm on the hunt I'm after Dew
It smells like a fraud, give praise to the L-rd
And I'm thirsty for the Dew
Strut on a line it's discord and crime
I'm on the hunt I'm after Dew
Mouth is alive with vodka and wine
And I'm thirsty for the Dew

[Hometown Postville]

Hey wasn't SMR's 50th birthday today or thereabouts? Maybe we should all send him a signed card!

[FirstGenerationBavarianAmerican]

Maybe money was tight this year, and they served Mountain Don't. The Urban Dictionary has a definition for Mountain Don't:

"Generic replacement for Mountain Dew that one shouldn't purchase. Mello Yellow is considered generic as it is not Mountain Dew; despite it being produced by Coca-Cola. Most Mountain Don't's are produced by individual supermarket companies.

Characteristics of so-called Mountain Don't's include flat taste, lack of effect, and blandness.
Heee Haw (Hy-Vee), Citrus Drop (Kroger), Kountry Mist (Winn-Dixie), Mountain Breeze (Safeway), Mountain Lightning (Wal-Mart), Mountain Lion (Food Lion), Mountain Maze (Albertson's) and Moon Mist (Shasta/Faygo) are all Mountain Don't's."