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May 05, 2010

Rubashkin To Stay In Linn County Jail, Prosecution May Spend As Much As $35,000 To Fly In Guatemalan Witnesses

Rubashkin smile Guards had to carry Rubashkin around the Black Hawk County jail because Rubashkin refused to walk without wearing his yarmulke and talit katan, the small prayer shawl worn by Orthodox Jewish men.

Rubashkin trial: Flying in Guatemalan witnesses could cost $35,000
JENS KROGSTAD • Des Moines Register (blog post)

10:25 a.m.: Flying in Guatemalan witnesses could cost $35,000

In a highly unusual move, the Iowa attorney general’s office said it received approval to spend up to $35,000 in state money to fly in eight former underage Agriprocessors workers from Guatemala to testify in the child labor trial of former company executive Sholom Rubashkin.

The funds were approved by the state’s executive council, made up of Iowa’s governor, secretary of state, state auditor, state treasurer and secretary of agriculture.

The office has used $15,000 of those funds so far, said Eric Tabor, the attorney general’s chief of staff. The office requested the funds because of severe budget cuts that have left several positions unfilled and forced most employees to take two weeks of furloughs, he said.

“It is unusual. This is a situation where we have serious budget shortfalls in our office,” he said. “So when a major expenditure like this came along, we have statutory authority to make the request.”

9:28 a.m.: Rubashkin to stay in Linn Co. jail

Sholom Rubashkin will make the daily drive from Linn County jail in Cedar Rapids for the duration of his trial in Waterloo on 83 state child labor charges, the Black Hawk County Sheriff’s office said.

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

Rubashkin was originally to stay in the Black Hawk County jail across the street from the courthouse for his scheduled three-week trial. But when the jail could not provide the level of kosher food his religion required, he refused to eat for about 24 hours in what his attorneys called a hunger strike.

Guards had to carry Rubashkin when he arrived at the Black Hawk County jail Monday because his faith does not allow him to walk without his religious attire, his attorney said. The jail later provided him his religious clothing.

Jury selection continues this morning.

Here is a the story as it ran this morning in the Register. At that point, it seemed Rubashkin would remain in Black Hawk County jail,and that his religious needs would be met there:

Rubashkin starts jail hunger strike 
BY JENS MANUEL KROGSTAD • Des Moines Register

Waterloo, Ia. — The state trial of former Agriprocessors executive Sholom Rubashkin will go forward, a judge said Tuesday, despite what the defense team called a hunger strike by its client.

But first the judge must seat a six-person jury and two alternates. Wading through the jury pool of 45 people took longer than expected and will continue today, Black Hawk County District Associate Judge Nathan Callahan said.

Defense attorney F. Montgomery Brown said Rubashkin, a Hasidic Jew, had not eaten for nearly 24 hours because the Black Hawk County Jail failed to provide kosher food that met his strict dietary requirements. "I can't represent a client that's not going to eat," he said.

The county sheriff agreed to meet with a rabbi who will detail Rubashkin's religious needs.

The jail provided kosher food, just not at the level Rubashkin requested, the county attorney said.
Callahan denied a defense motion Tuesday to delay Rubashkin's trial on 83 misdemeanor child-labor charges until July because of pretrial publicity and new evidence.

Eight former underage workers flown from Guatemala to testify are only authorized to remain in the nation until early July, Assistant Attorney General Laura Roan said. Delaying the trial could mean the workers would not be available to testify.

The state alleges 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 2008 raid in which federal agents arrested hundreds of workers.
Rubashkin, 50, entered the court wearing his usual yarmulke and black suit coat and pants. His supporters handed him a prayer book in Hebrew, from which he read aloud before the judge entered.

Guards carried Rubashkin when he arrived at the county jail Monday because his faith does not allow him to walk without his religious attire, Brown said. The jail has since provided him his religious clothing.

When the defense first raised concerns about Rubashkin's religious needs, Callahan said he'd be surprised if the jail did not try to provide kosher food.
In one of the few times he spoke, Rubashkin responded, "You'd be surprised."

Callahan said the jail will meet his religious needs as required by law.

The state initially charged several people and the company with 9,201 child-labor charges. It now will prosecute just Rubashkin, who pleaded not guilty, on 83 counts during the scheduled three-week trial, in part because of time constraints. Each count carries a maximum 30-day jail sentence and a fine as large as $625.
The state dismissed charges against Abraham Aaron Rubashkin, the family patriarch and Agriprocessors founder; and Laura Althouse, a human resources employee.

Prosecutors said they expect to settle out of court with human resources employee Karina Freund and human resources manager Elizabeth Billmeyer.

Agriprocessors Inc. pleaded guilty to all counts, company attorney Mark Weinhardt said.

Comments

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Give him a diet of raw fruits and vegetables. Or let him eat OU hechsher. Either way, he won't starve.

"The state initially charged several people and the company with 9,201 child-labor charges. It now will prosecute just Rubashkin, who pleaded not guilty, on 83 counts during the scheduled three-week trial, in part because of time constraints."


What do they mean by "time constraints"?

It could have taken the better part of one year to prosecute all 9,200-plus counts.

[If you don't eat because you don't like the food, it's not a hunger strike.]

Thanks for pointing this out. SMR could suffice with fruits and vegetables.

I believe he is trying every trick in the book to grab attention and divert his situation, with the goal that his treatment will be dubbed 'Anti-Semitic'. How pathetic. It doesn't work with me. - It won't work with the courts/judge.

IMO, SMR is TRANSPARENT and has a double set of rules for living, one religious . . . and one, I've determined, 'just the opposite'. Any measure of what Sholom, his family & his followers might consider success is actually an action precipitated by the courts, whose goal is to reduce public attention and scrutiny.

Sholom's 24-hour 'Anti-Semitic' display/tantrum lasted about as long as it takes-start (prep) to finish-for a colonoscopy. Interestingly, both are 'pains in the behind'.

(Oops! :( My halo tipped - just for a moment)

:)

"It could have taken the better part of one year to prosecute all 9,200-plus counts."

And?

BS, If they had a good case time isn't the problem.

They kept on mentioning for the longest time 9,200 plus counts so Rubashkin will look bad at the Federal trial. The same as they throw the kitchen sink at the sentencing hearing.

But now the trial is over there is no time prosecuting the 9,200 plus counts. Proves that Rubashkin is being persecuted

They kept on mentioning for the longest time 9,200 plus counts so Rubashkin will look bad at the Federal trial. The same as they throw the kitchen sink at the sentencing hearing.

But now the trial is over there is no time prosecuting the 9,200 plus counts. Proves that Rubashkin is being persecuted


Idiot.

State and federal court systems are completely separate.

Past that, try to process: Rubashkin was convicted on 86 financial fraud counts and could easily be convicted on a similar number of federal immigration and aggravated identity theft charges.

And then we have obstruction of justice, bribing a public official and more.

He's being persecuted?

Anyone with this rap sheet would be facing the same potential prison term Rubashkin is facing.

"Guards had to carry Rubashkin when he arrived at the Black Hawk County jail Monday because his faith does not allow him to walk without his religious attire"

They say that the Rebbe when in college used to sit near the door because in the classroom they had to sit without head coverings, so he chose the seat nearest the door so that he wouldn't have to walk too far without a yarmulke. But I don't think the Rebbe would have contemplated having a warden carry him around...

who cares. he is religious. we hate him for that. he is lubavitch. we hate him even more for that. I would give him life just for those offenses, even if he ran a squeaky clean business.
Come clean guys, you agree with me, right? Shmarya, all the rest of you? come on!
ok, we find things to pin our hatred on. real things. but wouldnt we hate him and wish him ill even if he hadnt? time for honesty!

"State and federal court systems are completely separate.
Past that, try to process: Rubashkin was convicted on 86 financial fraud counts and could easily be convicted on a similar number of federal immigration and aggravated identity theft charges.
And then we have obstruction of justice, bribing a public official and more.
He's being persecuted?
Anyone with this rap sheet would be facing the same potential prison term Rubashkin is facing."

Just asking:

Is it possible that the federal told the state to keep on saying that a 9,200 count is awaiting while the federal trial was going on so Rubashkin will be looked at his worst?

Anyone?

BTW the 9,200 counts is laughable and sad. For working with big knifes,chemicals, overtime,for each of those etc and for every day IS how its being added up.

Rubashkin is being singled out


Rubashkin is singled out when he tried to get out for bail because he is a Jew who the prosecutors deemed a flight risk to Israel and the ADL had to step in.

Rubashkin is singed out when he was charged with bank fraud and May receive a worse sentence then people who have committed comparable banks fraud or worse.

Rubashkin is singled out for not getting fair plea bargains.

again I am impartial to the Rubashkin case.

Is it possible that the federal told the state to keep on saying that a 9,200 count is awaiting while the federal trial was going on so Rubashkin will be looked at his worst?

No.

BTW the 9,200 counts is laughable and sad. For working with big knifes,chemicals, overtime,for each of those etc and for every day IS how its being added up.

That is because the law is written that way.

The counts were combined and whittled down as the result of plea deals.

So, for example, Agriprocessors pleaded guilty to a reduced number of counts. Aaron Rubashkin is the owner of Agriprocessors and absorbs those counts. In return, the state dropped the charges against him as an individual.

SMR's counts were then reduced to make the trial easier, cheaper and much shorter.

The other defendants are negotiating plea deals that should be final by Friday.

Rubashkin is being singled out.

No he isn't.

SMR refused to plead guilty or to cooperate with the prosecution. Everyone else mentioned above pleaded (or is in the process of pleading) guilty and/or cooperated with the prosecution.

In other words, your martyr is self-made.

"is it possible that the federal told the state to keep on saying that a 9,200 count is awaiting while the federal trial was going on so Rubashkin will be looked at his worst?"

"No."

YES

"That is because the law is written that way."

Yes many of us know that the law is written that way. But many who see ,9200 counts see it as : wooo weee can you imagine 9,200 counts. So in reality its not like he committed nine thousand two hundred plus crimes.

He IS being singled out

How so is he my martyr?

If you are an enemy for Rubashkin and i stick up for him as a Jew is he my martyr?

Moe,

Orthodox Jewish defendants will be deemed a flight risk for as long as their communities continue to harbor and coddle criminals.

You don't like it? Sorry.

Bill,


The court Singled out Rubashkin cause he is a Jew period. Even then ADL who is mostly secular thought Rubashkin was singled out.

The ADL didn't like it not me.. :)

Not that I know all the facts, but I would have sought a continuance on the state trial until after the sentencing in federal court and then try to negotiate a plea bargain. The state case isn't going to matter much if he sentenced to a long term in federal prison. He could have avoided another trial, received concurrent time, and have some state charges dismissed.

Defendants often feel that they have to save face in front of their supporters, family, and even attys and they end up doing things that are not in their best interest, i.e., refusing to plea bargain.

yeah! let prosecutors spend $ 35.000 to fly guatemalan for the trial . and let them spend more on translators . that the only way to get this sholom rubashkin nailed for 30 years in jail .
let prosecutors do what they gotta do .

In 1912, the Rubashkins prior to coming to the United States produced and processed Rubashkin Mayonaise. The Rubashkins coorinated with the ownwers of the Titaanic to take the largest ever shipment of mayo to Mexico. The Titanic was carrying 12,000 jars of Rubashkin's mayo for delivery in Vera Cruz, Mexico which was the next stop after New York. This would have been the largest shipment of mayo ever to Mexico at that time. Of course we know the ship hit an iceberg and sank and the cargo was lost. People of Mexico were crazy about mayo. Their anguish was so great, they declared a National Day of Mourning every year on May 5th known of course as Sinko de Mayo.

Getthefactsman,
When your good you are.

Michael Moore should take lessons from you in conspiracy movie making.

Just speculating, but one reason for dropping many of the child labor charges could have been due to the expense of flying in witnesses from all over Latin America. Perhaps the 8 Guatemalan witnesses were all that were needed to make the case against SMR on the 83 charges and it would not have been cost effective to fly in additional witnesses for the rest of the charges.

If they were so anti-semitic and were out to get the Rubashkins, they would have found means to go after Aaron as well. That didn't happen.

Honestly I dont think they ever had a case against Aaron. Honestly I think they are going to have a hard time convicting Sholom. He didnt control Production Operations in the plant - that was Heshy's responsibilty. Aaron I am sure knew they hired illegals but I am sure he didnt know they were underage. This trial isnt about illegal immigrants - its about child labor. Many people dont know this but Heshy was directly in charge of Human Resources - I dont think they can prove that Sholom knew he had umderage workers in plant. They will have Billmeyers testimony, but her testimony wont carry uch wieght. When Elizabeths mouth was/is moving I can assure you there is BS in the air.

"Aaron I am sure knew they hired illegals but I am sure he didnt know they were underage."

wrong.
Aron has many, many grandchildren. He knows the difference between a 13 year old and an 18 year old.
Heshy so far has gotten off with just a slap on the wrist while brother Shalom takes the fall for him and Papa.
Sloppy work by the Feds and State --- unless there are more charges yet to come.

[Aaron I am sure knew they hired illegals but I am sure he didnt know they were underage.]

I tend to agree with this statement. He wasn't on the floor of the facility enough to notice.

. . . and (not to be funny)-at his age, I am sure everyone looks young.

83 counts at a max fine of $625 is $51875. To spend over $35000 to bring in witnesses proves its a witch hunt

And once again still the comments of Yeshua the Nazarene ring true. We need to still this Jewish boy back from the church.
Seems he had met Rubashkins ancestors and ancestors of all the Rabbis diving the Jewish people today.

If he was alive today he would end up like the Kotzker Rav. Isolated in a closed room, the Jewish World too demoralizing and depressing to be a part of.

"Then Jesus spoke to the crowds and to his disciples,
saying, "The scribes and the Pharisees have taken their seat on the chair of Moses. Therefore, do and observe all things whatsoever they tell you, but do not follow their example. For they preach but they do not practice.
They tie up heavy burdens (hard to carry) and lay them on people's shoulders, but they will not lift a finger to move them.
All their works are performed to be seen. They widen their phylacteries and lengthen their tassels.
They love places of honor at banquets, seats of honor in synagogues, greetings in marketplaces, and the salutation 'Rabbi.'

83 counts at a max fine of $625 is $51875. To spend over $35000 to bring in witnesses proves its a witch hunt


Idiot.

Literally hundreds of state trials all over the US lose money for the state.

People are not prosecuted in order to turn a profit for the state. People are prosecuted to maintain the rule of law.

You'd know that if you had any type of good secular education. But you do not. You're haredi.

shmaryahu,you dirty rat,what do you want from this family? haven't you had enough of their blood?
i have no doubt at all,have you lived 65 yrs ago in Europe,you would have been the head KAPO in Auschwitz,and with a smile on your ugly face you would have dragged your own brothers and sisters into the gas chambers



Blood,


I would write "had you lived," rather than "have you lived."

Also, I would put spaces after all the commas, and an exclamation point (!) after "you dirty rat."

Your whole post would look much more credible and polished that way. We'd hate to see you "mistaken" for an uneducated ignorant idiot.

+++ Posted by: PishPosh | May 06, 2010 at 12:00 AM +++


Hi Pish Posh.

Excellent post !!!

Both Moses and Jesus taught, that the essence of Judaism, is built on the foundation of kind words and kind deeds.

"The only thing new in the world, is the history you don't know." [Harry Truman]

I wonder if Sholom is the goat placed there by his family. I don't think it's fair he is being blamed for everything while his brother and father get away with everything, even though they also were in charge of the business.
Maybe they thought Sholom had the best chance of getting away with it by a jury because he has a child with disabilities and if they make enough speeches about him and rally for him and donate all their gold, shares and life savings for him the jury will see what people will do for him which of course makes him innocent.
Either that or he is so full of himself that he simply cannot see anything he has done as being wrong.

Thanks for the kind words Sage. I always felt that while the Church has used passages from the NT to justify evil acts and decrees upon Jews, we know that the Talmud mentions the 7 types of Perushim to steer clear of.

We seem to have more of the 7, then the other type, like Arron, Ohev Shalom verodef Shalom these days.

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