Rubashkin Jury Seated, Trial Starts Monday

Court gave Rubashkin and his attorneys today and Friday off so they could examine new evidence.

Jury seated for Rubashkin child-labor trial 
BY JENS MANUEL KROGSTAD • Des Moines Register

Waterloo, Ia. — A five-woman, three-man jury will listen to evidence in the child-labor trial of former Agriprocessors executive Sholom Rubashkin, beginning next week.

Black Hawk County District Associate Judge Nathan Callahan seated the jury Wednesday afternoon after nearly 1½ days of jury selection.

Opening statements are to begin Monday. State prosecutors said they expect to call on the first day five former slaughterhouse workers who were underage. They could present as many as 30 former workers as witnesses in the scheduled three-week trial.

After Callahan swore in the jury, Rubashkin and his defense attorney huddled in a back room to view videotaped interviews of potential government witnesses.

Opening statements were scheduled after the judge granted a defense request Tuesday for extra time to review the new evidence, which was presented to them last week.

The state has charged Rubashkin with 83 misdemeanor child-labor charges. Prosecutors allege minors worked excessive hours and were exposed to poisonous chemicals and dangerous machinery at the kosher slaughterhouse in Postville. The plant was the site of a May 2008 raid in which federal agents arrested hundreds of workers.
Flying in eight former workers from Guatemala who were underage to testify is expected to cost the state as much as $35,000.

In what the Iowa attorney general's office called an unprecedented move in a criminal case, it asked the state's executive council to pay the costs.

The council is made up of Iowa's top elected executive officials, including the governor, secretary of state, state auditor, state treasurer and secretary of agriculture.

The attorney general's office requested the money because it has never had to pay for so many witnesses to travel so far to testify, said Eric Tabor, the attorney general's chief of staff. In addition, he said, the office is facing budget cuts that have shrunk its resources.
"As far as criminal matters, this experience is unique, to my knowledge," he said.

Rubashkin will travel daily from the Linn County Jail in Cedar Rapids for the duration of his trial in Waterloo, the Black Hawk County sheriff's office said.

The former plant executive had been staying in Linn County while awaiting sentencing May 27 following his conviction on 86 federal financial fraud charges in November.

Rubashkin was originally to stay in the Black Hawk County Jail near the courthouse for the state trial. But when the jail could not provide a level of kosher food his religious beliefs required, he refused to eat for 24 hours in what his attorneys called a hunger strike.

Comments

[sage]

IMHO, the defense would be smart to seek a plea deal.

If the testimony from the children, concerning working conditions and mis-treatment in the plant are very explosive in nature, it would not be in SMR's best interest for this to be made public.

[Loving Mom from Monsey]

Hopefully, the 5 women will see these kids and think about their own kids' being in this same situation and throw the book at this monster.

[sage]

Right on, LMM !!!!

Given SMR's past history, of refusing to admit guilt, he will make the mistake of not seeking a plea deal, with potentially
catastrophic consequences.

[Dr. Moe]

In Latin culture is very common for teenagers to start working and helping out the family as teenagers, again this is illegal is the United States but not in Guatemala, so Juan may have told his Alberto 16 year old son to lie on his application and make a false SS card and tell HR at Agri that he is really 18 years old and one day.. This very well maybe the case.

But Aagain Sholom Rubashkin was singled out many times, for instance in the bank fraud case we are sure Justice Reade will give Sholom Rubashkin a bigger prison sentence on the Bank fraud charges then what other criminals get on bank fraud charges.

Also in the case of bail when sholom was denied bail cause he is a Jew and by default a flight risk to Israel.

[IATroutfisher]

>>But Aagain Sholom Rubashkin was singled out many times, for instance in the bank fraud case we are sure Justice Reade will give Sholom Rubashkin a bigger prison sentence on the Bank fraud charges then what other criminals get on bank fraud charges<<

Maybe you should take the the time to read Rubashkins testimony from his bank fraud trial. He repeatedly lied and perjured himself. The South Dakota jury bought none of it, and found him guilty of most counts.

I an sure his shallow apology at his sentencing hearing did him no favors at all.

[faivel]

In reference to the Rubashkin case, Dimitriy Salita says: "I've experienced the double standard treatment throughout my boxing career."

...When one Jew is mistreated we have all been bullied. I have experienced the double standard treatment many times throughout my boxing career.

While many occurrences have not been made public, unfortunately I can say that in the real world sometimes things are not created equal and it is our social responsibility to change that. It is obvious to most people that the punishment does not fit the wrongs Rubashkin has committed.

In comparison, let us take a look at other CEOs and companies in the news lately: Michael Bianco got 1 year and a day, Swift & Co. 1 year and one day, Action Rags USA - in which approximately 85% of their work force consisted of illegal immigrants - got a 2 year probation and a $6000 fine...

http://collive.com/show_news.rtx?id=8883

[sage]

I think it would be a very good idea for all of the RCF Trolls to make an exodus to Postville and have very respectful and detailed discussions with the citizens who still live there and those in the surrounding areas who used to live there.

They would get a very good overall picture of the way Postville used to be before the RCF invasion over 20 years ago and the true effect the RCF has had on the city and its population.

Armed with this knowledge, they would be able to be productive members on this blog.

Lacking this, it would be better that they keep their opinions to themselves.

[mordecai]

I have never defended someone accused of child labor practices as I do not work in the Federal Court system. However I have frequently defended child molesters. Though these cases are quite different they both deal with abuse of children.

There are few things more difficult for a criminal defense attorney then picking a jury in a child molestation case. When the jury panel hears that the case is about child molestation their facial expressions become stone hard. They do not react this way even in murder cases.

Consequently I expect that Rubashkin will have a rough ride because of child abuse issues.

[nachos]

I think it would be a very good idea for all of the RCF Trolls to make an exodus to Postville and have very respectful and detailed discussions with the citizens who still live there and those in the surrounding areas who used to live there.

They would get a very good overall picture of the way Postville used to be before the RCF invasion over 20 years ago and the true effect the RCF has had on the city and its population.

Armed with this knowledge, they would be able to be productive members on this blog.

Lacking this, it would be better that they keep their opinions to themselves.

Posted by: sage | May 06, 2010 at 03:23 PM
When are you going to visit Postville?

[sage]

It's still in the works.

Will contact you off-line, when plans can be solidified.

[steve]

MATZAV.COM's ODE TO SHMARYA:

http://matzav.com/the-matzav-rant-the-power-of-a-yochid

By Shmuel Miskin

(NOTE: I TOOK THE LIBERTY OF MAKING A FEW CORRECTIONS FOR SPELLING AND ACCURACY)

The power of a yochid. It sounds like an overused cliché. And perhaps it is. But it is one that is important for each and every one of us to internalize. It is a lesson we should not forget.

We live in a world where, simply said, it is hard to get things done. There’s bureaucracy, there are cynics wherever you turn, and there are obstacles every step of the way. We can thus easily forget what we can accomplish.

We are fortunate that we have been reminded of the power of yochid. One individual has shown us that ain dovor omeid bifnei haratzon. One yochid has shown us that there are no outside factors to be considered when standing up for the right thing. One yochid has shown us that when we see that something is not right, we must act upon it - even if we must do so all by ourselves.

That yochid is Shmarya Rosenberg.

He’s done it before and he’s done it remarkably, but the leadership and courage of the Failed Messiah bloggerin exposing the corruption of Sholom Mordechai Rubashkin and Agriprocessors for what it is, has reminded us what one person on a mission can achieve.

Today, in May 2010, a good portion of Klal Yisroel, if not the large majority, has recognized that Sholom Mordechai Rubashkin ia a criminal. His conviction on 86 counts of bank fraud and the labor and immigration charges have convinced even the cynics and even those with limited knowledge of the circumstances that this case involved more than what met the eye.

But five years ago, few recognized this. Shmarya Rosenberg did. People called him crazy. They said he’s out of his mind for calling Agriprocessors a corrupt business and it owners, the Rubashkins, criminals. The raid on Agriprocessors and subsequent arrest of Sholom Mordechai barely got a yawn from most people. His arrest was viewed as a temporary setback. Did anyone really care? And if they did, how did they show it?

One person cared. One person deeply cared. And he showed it by throwing his very being into the case. Shmarya Rosenberg recently wrote in that he was and is consumed by the case. He has spent sleepless nights and endless days pondering and seeking every possible avenue to bring the truth to light and ensure that justice is served by exposing a corrupt, hypocritical, and immoral man who was being lauded as a saint by the Orthodox Jewish establishment.

He saw what few others saw. He saw what would be revealed to the world 18 months later. He saw an outwardly religious Yid making a chillul hashem and was the lone voice in the wilderness screaming about this hypocrisy.

Pages upon pages can be written here dissecting this case and analyzing the mind-boggling sequence of events that would have most people even more irate than they are already if they knew of the ins and outs of what has transpired. I, myself, learned about the details only from reading dozens of articles, dozens of legal documents, and doing some probing myself.

At the end of the day, when the book about the Rubashkin case will be written - and one will be written - regardless of the outcome of the current trial and the impending sentencing, one man will be remembered for making sure that the truth was heard. One man will be remembered for his devotion to making sure that this case didn’t get thrown into the heap of countless others involving injustices that no one ever heard about. One man has shown us the latent power and kochos that we each possess.

Indeed, one man can change the world.

Shmarya Rosenberg is living proof.

[Ex Agri employee]

Well said Steve. Sage when you come to Iowa don't forget to see some of the sights!! May I suggest a trip to Pikes Peak State Park and Effigy Mounds national monument. The upper Mississippi River Valley will thrill you. I may not be of the Jewish faith but it would be my honor to shake your hand. I have enjoyed your comments these past few months.

[sage]

Many Thanks !!!!

My wife and I will keep these sites in mind.

Please have the webmaster send me your email address, so that we can meet you and shake your hand.

[faivel]

I was learning Chitas last night and came across an interesting passage in Rashi regarding the “blessings” in this weeks torah portion Vayikra 26:17:

Your enemies will rule over you:

”I will make your enemies stem from within your very own people . For at the time that the nations stand up against Israel, they seek out only what is visible . . However, when I will set up [enemies] against you from within your very own camp, they will seek out your hidden treasures [within] . Thus, says the verse, “who ate the flesh of My people and flayed their skin from upon them [and opened their bones and broke them” (Micah 3:3)-the metaphor of breaking the bone to get to the marrow within, alluding to the enemy seeking out the hidden treasure within.”

Rashi’s explanation seems to be a very accurate description of the raison d'etre and stated mission of this blog site. To unearth, expose and [help the authority’s] destroy as many frum/religious/Chabad individuals a possible.

You seem to be a fulfillment of this biblical curse…

Some of us at least try to be part of the positivity and blessings to the Jewish nations, while some choose, and actually dedicate their life to be part of the curses…

And I’m sure all you “Jew lovers” on this blog [sage, effie, WoolSilkCotton, shmarya etc.] will ‘prove’ how your Jew-Bashing actually helps us as Jews. This is the fulfillment of another ‘blessing’ שמים אור לחושך וחושך לאור, שמים מר למתוק ומתוק למר

[sage]

I think it would be a very good idea for all of the RCF Trolls to make an exodus to Postville and have very respectful and detailed discussions with the citizens who still live there and those in the surrounding areas who used to live there.

They would get a very good overall picture of the way Postville used to be before the RCF invasion over 20 years ago and the true effect the RCF has had on the city and its population.

Armed with this knowledge, they would be able to be productive members on this blog.

Lacking this, it would be better that they keep their opinions to themselves.

[Bill]

"You seem to be a fulfillment of this biblical curse" - Faivel

Faivel,

It all means whatever you want it to mean, k? If it makes you happy that Shmarya, or Wool or whomever is whatever you want them to be. Good for you. Perfect.

Have a great day.

From the movie Pulp Fiction:

"There's a passage I got memorized. Ezekiel 25:17. 'The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men. Blessed is he who, in the name of charity and good will, shepherds the weak through the valley of the darkness. For he is truly his brother's keeper and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers. And you will know I am the Lord when I lay my vengeance upon you.' I been sayin' that shit for years. And if you ever heard it, that meant your ass. I never gave much thought to what it meant. I just thought it was a cold-blooded thing to say to a motherfucker before I popped a cap in his ass. But I saw some shit this mornin' made me think twice. See, now I'm thinkin': maybe it means you're the evil man. And I'm the righteous man. And Mr. 9 mm here, he's the shepherd protecting my righteous ass in the valley of darkness. Or, it could mean you're the righteous man and I'm the shepherd and it's the world that's evil and selfish. And I'd like that. But that shit ain't the truth. The truth is you're the weak. And I'm the tyranny of evil men. But I'm tryin', Ringo. I'm tryin' real hard to be the shepherd."

Samual L. Jackson (as "Jules") in Pulp Fiction (1994)

[Dr. Moe]

"Maybe you should take the the time to read Rubashkins testimony from his bank fraud trial. He repeatedly lied and perjured himself. The South Dakota jury bought none of it, and found him guilty of most counts"

We already know he lied to the bank and Justice Reade will most likely give him a very long Prison sentence because he lied to the bank, unlike others who have lied to banks get very small prison sentences, and the only reason why Sholom is picked on versus other Bank frauds is cause is a Hasidic Jew, has a beard which makes him look diffrent then his peers on the Jury

[sage]

I think it would be a very good idea for all of the RCF Trolls to make an exodus to Postville and have very respectful and detailed discussions with the citizens who still live there and those in the surrounding areas who used to live there.

They would get a very good overall picture of the way Postville used to be before the RCF invasion over 20 years ago and the true effect the RCF has had on the city and its population.

Armed with this knowledge, they would be able to be productive members on this blog.

Lacking this, it would be better that they keep their opinions to themselves.

[state of disgust]

Dr. Moe:
Your a sick puppy who sees anti-Semites behind every tree.
Process this:
SM perjured himself to his psychiatrist. He violated his previous bail agreement,. He aided and abetted others under indictment so they could flee the country. He destroyed evidence while out on bail.
As was pointed out a fraudster who stole more than $50 Million was sentenced to 50 years in jail. The sentence guidelines call for a sentence of between 21 and 25 years. SMR did not accept responsibility for his crimes. He did not cooperated with the Government in their attempt seek restitution and he did not apologize to the people he harmed.
These are not the actions of Yid who believes in Torah. If you do not understand that then I feel sorry for you because you do not know right from wrong.

[Dr. Moe]

To state,

Please stop using profanity, also iam speaking about what smr was charged for from the prosocution, not what your charging smr on a blog. Also the bank fraud came out to be something in the 10 million range. No one goes to prison for defrauding a bank for 2 years for 30 million let alone 10 million which almost all of the charges are for.

[sage]

Hi SOD,

It's frankly pointless, in going round and round with these RCF Trolls.

Their comments are, for the most part, "Much Ado About Nothing."

[sandra]

look at this awful face of sholom rubashkin.
he never looked so bad . he looks 10 years
older in such a short time . he looks terrible .

and how he leans towards his attorney , as if he wants to lead the case himself .
i bet you sholom rubashkin is giving advice to his own attorney . the conversation seems intense .

this is the trial of the century

[sandra]

steve,

shmarya rosenberg is the messaiah