Rubashkin Trial: Attorneys Battle Over Motion To Dismiss Case

“The case is underwhelming and ill-conceived and should be put to a stop right now,” said defense attorney Mark Weinhardt. “The evidence in this case is that Mr. Rubashkin did absolutely nothing.”

Rubashkin trial: Attorneys battle over motion to dismiss case

Jens Krogstad • Des Moines Register blog post, 5-25-10

3:45 p.m., Waterloo, Ia. — Court is adjourned until tomorrow morning, when the defense is schedule to present its case to the jury.

Sholom Rubashkin’s defense team argued this afternoon that the judge should throw out all 83 misdemeanor child labor charges because the state did not prove the former plant executive wanted to hire or actually hired any minors.

“The case is underwhelming and ill-conceived and should be put to a stop right now,” said defense attorney Mark Weinhardt. “The evidence in this case is that Mr. Rubashkin did absolutely nothing.”

Assistant Iowa Attorney General Elisabeth Reynoldson argued the state simply has to prove Rubashkin willfully concealed or permitted minors to work at the plant.

She cited three supervisors who testified it was easy to spot minors on the plant floor, and that Rubashkin regularly walked the area and could have made similar observations.

Black Hawk County District Associate Judge Nathan Callahan said he will review the evidence and rule at a later date.

The defense is scheduled to begin presenting its case Wednesday morning.

Weinhardt argued the state did not prove the ages of the minors by bringing in parents or a verifiable birth certificate.

He said the state also failed to prove the alleged minors worked around dangerous chemicals because dry ice and bleach don’t qualify as dangerous chemicals. Workers were not exposed to a third chemical, anhydrous ammonia, because it ran in enclosed pipes, he said.

The state argued one supervisor, Matthew Derrick, said he told Rubashkin of minors at the plant, though the conversation took place before the alleged child labor violations took place.

The state said a department of labor expert witness testified bleach and dry ice qualify as dangerous or poisonous chemicals.

The defense argued the judge should at least throw the charges related to five alleged child laborers because they did not testify in the case. The state alleges 31 minors worked at the plant.

Judge Callahan noted the defense presented a compelling argument when it said the state was charging Rubashkin on 83 specific counts, but attempting to convict him on a allowing a general scheme to employ minors. The defense argued the state needed to prove each individual count.

Callahan said its an issue that could be compelling on any future appeals, if Rubashkin is convicted. Defense attorneys often request the judge to throw out a case in a directed verdict of acquittal, as Rubashkin’s team did today, if it plans future appeals.

“I think that’s an interesting question,” he said.

The Courier's report:

Attorneys request Rubashkin's charges be dropped
JEFF REINITZ • Waterloo-Cedar Falls Courier

WATERLOO - Attorneys for a former Agriprocessors executive have asked the court to throw out child labor charges.

After the prosecution rested Tuesday morning, defense attorneys argued the state didn't present any evidence linking Sholom Rubashkin to the employment of 31 minors at the Postville slaughterhouse.

Rubashkin is on trial for 83 counts of various child labor violations. He also is awaiting sentencing on a federal fraud conviction in connection with loans the plant received.

Judge Nathan Callahan didn't rule on the defense's motion for a directed verdict Tuesday

but indicated there was a good argument to dismiss charges pertaining to five alleged underage workers who didn't testify.

Those workers account for 16 of the 83 counts, and prosecutors seemed to concede five counts that relate to one of the nontestifying witnesses.

"This case is underwhelming and ill-conceived," defense attorney Mark Weinhardt said. He said there was no testimony on the "fighting issue," which was Rubashkin's role, if any, in employing underage workers.

Weinhardt said the state didn't have any evidence that Rubashkin took any actions to employ or continue the employment of any of the minors.

Assistant Attorney General Elisabeth Reynolds argued that the charges should stand. She said language in the law deals with willfully concealing or permitting the employment of minors.

While not ruling, Callahan noted that evidence was presented that there were underage workers, that one supervisor claimed he told Rubashkin about the underage workers, that witnesses said it was obvious there were minors working by standing on the floor and that Rubashkin had been on the floor.

In making his decision, Callahan isn't considering the weight or credibility of the evidence.

Jurors were told to return to court Wednesday morning.

Comments

[Bill]

The motion to dismiss will be denied.

Sorry to all the frummies out there who think you need "tzvay" eydim mit a beard and payoss to convict.

You don't.

If the jury doesn't like you, one drunken bum will do
the trick.

[sage]

Yesterday, Judge Callahan said:

"3:43 Jeff Reinitz: JUDGE: It's not a question of proving what the defendant wanted but what he permitted."

I interpret this to mean that the trial will continue.

As to conviction, if the Jury believes that the testimony from Derrick is credible, they should convict.

But the Judge agreed with the defense on some things that may throw out a conviction on appeal.

My WAG on SMR going to prison on the Iowa charges : 50-50.

But this trial has, already, been very damning to him.

In the "Court of Public Opinion" and, more ominously, in the "Court of Prison Opinion", he's been permanently labeled as a horrible child abuser.

If he's not put in a Fereral prison environment, where he'll be immune from violence, he's in great danger.

And I don't mean some cupcake facility.

Solitary confinement in a maximum security facility will do.

Another danger to SMR, is health related.

If he does not take daily exercise breaks and eats his current unhealthy animal-based diet, it's almost certain that he will die in prison.

But taking his exercise breaks and switching to a vegan diet, will amost certainly allow him to live out his prison term and enjoy his final years with his faimily.

[Bill]

sage,

SMR should bulk up and get a couple of "teardrop" tatoos next to his eyes, "love-hate" tats on his nuckles and a voluptuous naked lady on his back, and "mom" on his calf.

You absolutly need "the look" to make it in prison these days.

[sage]

LOL !!!!

But isn't tatooing against Chabad custom?

[Dr. Dave]

Motion to dismiss is a standard motion made by every defense lawyer after the prosecution rests.

P.S. Sage. Tattooing is against Jewish law, not just chabad custom.

[sage]

Yes, Dave, I already knew that.

Another thing I know is, that Chabad isn't Jewish.

It's a bunch of heretics, who are taught, that Gentiles are the scum of the earth.

[ansular]

like he didn't know he was illegal. just bs. wow. shmarya, you will so suffer for this, my pity is with you, for what will transpire.

[ansular]

i fail to understand the eerie joy of the commenters. at least shmarya got a bit more tact than that. reminds me of pop music comments on youtube by eight year olds.

[moishe]

the judge will say, "send it to the jury". if he's convicted, the court can then rule on the motion. it is extremely rare to see a court dismiss in the middle of a trial. only a few instances. but here, in this case there is sufficient connection to Rhubaskin to sustain a trial.

[Desperado]

Whether he knew about illegals/minors (I find hard to believe)is irrelevant. He was the captian when the ship sank. This is America, so my Jewish friends, Jewish law does not apply in America. If you want to operate according to Jewish law, go to Isreal.

[Ira]

Unfortunately Israel does not practice Jewish law either. If we had to balls to, we would have solved the Palestinian problem years ago.

[Devorah]

"If you want to operate according to Jewish law, go to Isreal."

Posted by: Desperado | May 26, 2010 at 11:59 AM

Or come to East Ramapo and sit on the school board.

[Bill]

"Judge Callahan noted the defense presented a compelling argument when it said the state was charging Rubashkin on 83 specific counts, but attempting to convict him on a allowing a general scheme to employ minors. The defense argued the state needed to prove each individual count. Callahan said it’s an issue that could be compelling on any future appeals, if Rubashkin is convicted."

This is a thorny due process issue that, if not dealt with properly, could be appealed, heard, and reversed on federal constitution grounds in a federal court.

[sage]

Yes, Bill.

This may happen, but the damage done to SMR is permanent and possibly fatal.

In the "Courts of Public and Prison Opinion", he's permanently labeled as a horid child abuser.

Future consequences are hardly rosey, to say the least.

[nachos]

“The evidence in this case is that Mr. Rubashkin did absolutely nothing.”

Isn't that the point? This sounds like an admission of guilt.

[androgynous]

how do u guys know that he forsure knew hew had minors? i am also sitting like a bored soul on the internet all day with nothing to do but post or failed messiah and i dont have any proof to prove either side, do you guys know anything more then what you read online? did you get molested by his son in law and therefore hate his family?

Shmarya, sage, and all you other broken souls here is a story for you;

There was a bird named shmaya who landed on a tree in a certail city and he started to sniff around and a pungent smell came to his nose - it smelled like dung, he said "this place stinks - let me go somewhere normal", he flew from city to city and the same thing happened, he started to wonder if perhaps he is the only normal smelling thing around.

After a while he went to seel the counsul of the great "sage", the sage told him "perhaps you should chek whats in your nose", and guess what he found in his nose? he found crap.

Vehamayvin yovin

[justice seeker]

Dear Yehamaywin yovin: Here is a story for you:

In a land not to far away, the supreme being gave his chosen people a set of laws to live by. Unfortunately they succumbed to greed and fell from the path of righteousness. When the creator asked "Yehamywin, when I handed out smarts where were you?" Yehamywin replied " Sorry, I thought you said farts and stated they stink I don't need them"

Hope this helps.