Government Files Response To Rubashkin Motion For New Trial

 Details:

 

PDF files:

Download Govt Response To Rubashkin Motion Full Brief 8-23-10

Download Murphy affidavit regarding Rubashkin motion 8-23-10

Download De La Roza Motion for recusal 8-13-2008

Download Govt response to de la roza motion 8-26-2008

Download Lewin Press Release 8-10

I'll add details as soon as I have time.

Update 9 pm CDT – The details and my reaction to them.

Comments

[harold]

Ok

[harold]

No surprise here, but it was fun while it lasted.

What a cash cow for the lawyers!

[Yochanan Lavie]

Apologies to Smokey Robinson:

Maybe you'd like to make a legal deal
Only for one count with no repeal
Maybe you'd go away for many years
And a taste of freedom's worth a lot of tears
Oy,lawyer man

Chorus:
In any case they don't want no part
I do believe that-
the Feds broke Shalom's heart
Oy, but if you feel like suing them
If you got the notion
I second that motion
Nu, if you feel like giving lawyers
money like the oceans
I second that motion

Maybe you'll think that courts will tie them down
And you have got some time to hang around
Maybe you think that lawyers will make us fools
And so it makes you wise to break the rules
Oy,lawyer man-

[chorus]

[harold]

I'll add details as soon as I have time

This just about says it all.

VII. Conclusion
For the above reasons, defendant’s motion for new trial should be denied without discovery, without an evidentiary hearing, and without being referred to a different judicial officer.

[Menachem Mendel lll]

USA!
USA!
USA!
USA!

NOBODY especially a Jewish criminal, felon, scammer, emblezzler, lowlife and nogoodnik f_ _ _ ks with the U S A.

[sage]

It's not over, just yet.

Appeal will be made to the St. Louis Federal Circuit Court, where it will be denied and then on to the US Supreme Court, where it will also be denied.

Then what's next, Mr. Lewin, up your sleave?

[WoolSilkCotton]

http://www.crownheights.info/index.php?itemid=28386

[harold]

It's not over, just yet.

Appeal will be made to the St. Louis Federal Circuit Court, where it will be denied and then on to the US Supreme Court, where it will also be denied.

Then what's next, Mr. Lewin, up your sleave?

Like I said, a cash cow for the lawers and the gears of the legal system.

[harold]

... and I forgot - Entertainment for us - the FailedMessaihnites!

[Molly Mayim]

"Then what's next, Mr. Lewin, up your sleave?

Posted by: sage | August 24, 2010 at 12:47 PM "

Teaching you how to spell "sleeve" for one thing

[sage]

Thanks, MM.

Not everyone is perfect in the English language.

[effie]

Molly: Whining about a spelling error is always the last refuge of a poster who knows either their argument is weak or they have no argument at all.

[My original comment did not appear. It it pops up later, my apologies for a duplicative comment.]

[effie]

Uh-oh! Typo! I made a typo! I typed "It" instead of "If" in my bracketed comment. Don't hate me, Mayim!

Now, sage and I will have to do after school detention or something. LOL

[sage]

Hi Effie,

I'm 64 going on 65.

Does that excuse me from detention?

[seymour]

not sure what to make of this are they stupid or that arrogant.

it seems to me that the action the lawyers are taking will make it harder for him to reduce his sentence

[sage]

I agree.

The more Lewin tries with his adolescent antics, the worse it gets for SMR.

[WoolSilkCotton]

Seymour, your observation is right on target.

Stupidity and arrogance are the stock-in-trade of the Rubashkin defenders, including the Rubashkin Crime Family members, the shmucks calling the shots from Crown Heights, as well as the uber-arrogant Lewin.
Then they wonder why the judge has no mercy on him.

[Cheskel]

""Then they wonder why the judge has no mercy on him.""

Did you mean HAD no mercy on him?

So they just lay down and give up?

[WoolSilkCotton]

Cheskel, they are still looking for a judge to have mercy on him, with all the appeals, motions for a new trial, etc. still in progress.

They are certainly entitled to continue all these efforts. However, there is a right way and a wrong way to go about it. Here are examples:

WRONG WAYS:

Calling Judge Reade and the prosecutors anti-semites.

Blame the unions, PETA, blah blah blah, anybody but SMR himself.

Insisting there is 'new evidence'.

Rabble-rousing rallies where SMR is declared a tzaddik, and that Judge Reade is an evil anti-semite, thus encouraging shmucks to send hate mail to the judge.

Continuing to deny ANY wrongdoing by SMR.

RIGHT WAYS:

Keep all Rubashkins and their attorneys away from cameras and microphones.

Stop the idiotic rabble-rousing rallies.

Work QUIETLY behind the scenes at the appellate level, looking to make a deal, where SMR offers lots of $$$ for financial restitution, 'donations' to various charities in the Postville area and donations to immigrants' rights and animal/humane society groups, clearly and unequivocally admits to his crimes, takes initiative and signs up for (on-line) courses in business ethics, anger management, etc., cooperate with feds on investigations involving frumma crooks, and of course, a reduced sentence. All this can be a part of a deal involving a 'new trial', with the deal already arranged in advance.
Some may argue it may be too late and that I am fantasizing, but I know it is never too late in the legal system to work out something, especially if the defendant is contrite and seems sincere about cooperating.

Of course, this will never happen, because of the arrogance and stupidity of Rubashkin and his defenders, both the professional ones and the amateurs.

[Monsey Hocker]

Where is that senile and impotent Depends wearing faggot lawyer of Rubashkin now?!??!?!?!?

[Monsey Hocker]

How dare the government confuse the Rubashkin leaches and yambaggers with disgusting things like facts, proof, and evidence.

[Monsey Hocker]

Where is Phoney Mouthdreck? Shouldn't he be comparing Reade to Hitler just about now? Or is he busy preparing his next Yated article making up some story about how SMR saw the pubes on the floor of the prison shower as they spelled out 770 so we know the yeshua is at hand.

[assist]

I would recommend seeking better legal representation than the defense has shown to this point. Or alternatively, take responsibility for the crimes and STFU.

[Cheskel]

Their point with new evidence was that Rubashkin was targeted deliberate.If you target anyone, a good prosecutor can indict a ham sandwich.
In the memos, the Peta videos was noted. So it started with the vicious PETA group to the unions,so called rabbi Allen and anti religious rag paper The forward.

The rallies are important to raise money for defense and to make the public aware what an injustice was done. Public opinion is vital important in the USA.
You have no proof of hate mail from Rubashkin supporters. If anything it was sent by orthodox Jew haters pretending to be supporters.

[WoolSilkCotton]

Cheskel, it is obvious that my 4:25 posting was a complete waste of my time and yours.

Everything you say at 4:51 is the same old stupid bullshit, which is why Rubashkin will be sitting in prison for another 27 years. Continue the same foolish course. Look how far it's gotten you.

[Monsey Hocker]

Having read the Replynow, the government reply wipes the floor with Lewin! Kol Hakovod to Stephanie Rose and Peter Deegan, may the Ribbono Shel Olam grant them arichas yomim vshonim, gezunt and nachas for taking the Lewin motion and basically wiping his ass with it. The Lewin motion was drek, is drek, and when denied will be drek forever. What a shame Lewin suckled off the chabad teat so hard that he has destroyed whatever good he has ever done by lowering himself to the status of Times Square hooker making such moronic claims on the record. What a shame, I'm donating money to Alzheiners research right now because that's the only explanation as to how a once great lawyer had his ass handed to him and his motion turned into Charmin. The government did a great job mentioning how Lewin whored himself in the media making false allegations about Reade in the media. Great Reply, in sum, the only value Reb Sholom Halevi can now get from the motion is using it to wipe up his onanite waste from the floor of cell block D.

[Monsey Hocker]

"The rallies are important to raise money for defense"

These so called rally/circus freak shows are just great big circle jerks. Chezkel is the kind of guy that would gladly take it up the poop shoot but not even have the common courtesy of reciprocating with a reach around. Beheima.

[Cheskel]

And you now something WSC, before i wrote it i was thinking why repeat myself. But figured since you repeat the same bs i might as well join the crowed.

MH, seems like you getting ms. Do you a fetish with filth? Almost every post you do,you mention something about filth

[Cheskel]

Correction,
Do you have a fetish with filth

[Monsey Hocker]

No, none at all actually I just like using the language to make my point clear so you understand how filthy you are - a far worse fetish is that of you and your kind of raping the Torah and exploiting its beauty to fit your twisted agenda, like freeing a lawfully convicted shyster goniff who perpetrated the worst chillul hHashem in our time. Comparing Shalit to Rubashkin is like farting Amen to a bracha - both are equally grotesque. No one in chabad would bend a head shaved wench over the rebbes chair for a little doggie yet turning Rubashkin into a saint is 1000 times more depraved. What hypocrites. Go get Shulem Weiss out of jail, 27 years is a cake walk compared to his 845.

[effie]

Would you people knock off the stupid indict a ham sandwich analogy? All it indicates is that you are clueless. An indictment is not a trial. The burden of proof is supposed to be extremely low.

[Monsey Hocker]

Please notice that Chezkel does NOT deny that he would gladly take it up the poop shoot but not even have the common courtesy of reciprocating with a reach around.

[injustice]

Lets see if he gets 27 years

http://www.foxnews.com/politics/2010/08/24/egg-kingpin-linked-salmonella-scare-history-violations/

[seymour]

Lets see if he gets 27 years

http://www.foxnews.com/politics/2010/08/24/egg-kingpin-linked-salmonella-scare-history-violations/

Posted by: injustice | August 24, 2010 at 06:00 PM

he should however smr got 27 years for bank fraud not immigration or anything related to the workers

[seymour]

Cheskel,

why blame Peta they did nothing wrong just video taped the way SMR slaughter the animals including a precedence that was not done anywhere else. If SMR would have done it like everybody else (glatt kosher places) peta would have nothing to report or show.

Therefore the blame rests with SMR.

what your are saying if someone gets arrested because the police viewed the security cameras, blame the security firm or the camera makers not the crook

[WoolSilkCotton]

++ injustice | August 24, 2010 at 06:00 PM++

If your hero had admitted to just some of his crimes and at least pretended to be sorry, he would have gotten 12 years.

But he refused, because of his arrogance and his stupidity.

And so, voilà, 27 years!

[injustice]

the point was that he will get away with this because he is not jewish
wake up and smell the cofee

[Shmarya]

the point was that he will get away with this because he is not jewish
wake up and smell the cofee

No, idiot. He won't get a long sentence or, most likely, even a criminal sentence, because the politicians your community supported gutted USDA enforcement, and your rabbis supported that.

[injustice]

Shmarya you seem to think that if you talk like an Antisemite they will love you.
You remind me of the enlightened jews from prewar Germany

[seymour]

Shmarya you seem to think that if you talk like an Antisemite they will love you.
You remind me of the enlightened jews from prewar Germany

Posted by: injustice | August 24, 2010 at 09:10 PM

SMR got 27 years for bank fruad this guy was not accused of bank fraud. You are picking one case SMR and saying the whole justice system is antisemitic that is wrong.

And if it is true why are the frum so stupid and always doing thing that the antisemitic government can get them. if they really would think like you they would be on their best behavior..

Question for Injustice

is every case a case of antisemitism are all the Jews really innocent?

[WoolSilkCotton]

To the frumma velt, EVERYTHING is antisemitism. EVERYTHING is another Holocaust. EVERYTHING is a blood libel.
There is no other way for a frummer tuches to think about anything.

[corn popper]

MM AKA MouthDreck,
Your vile language is beyond twisted. Perhaps there are some dark secrets hiding in your closet...

[Monsey Hocker]

Am I MM, did you mean MH queerbait?

The truth hurts doesn't it?

Twisted is frum animals like you that look down on yiddin that drive on shabbos but worship shyster gonnifs like Rubashkin. Twisted is your defense of animals like Weingarten - pederasts who rape their own daughters, your defense of Kolko who a**raped little boys and got off scot free - you give him aliyas in shul instead of spit in his face. Your vile life is more twisted than my use of the English language could ever be.

[Monsey Hocker]

"To the frumma velt, EVERYTHING is antisemitism. EVERYTHING is another Holocaust. EVERYTHING is a blood libel."

You said it WSC! Comparing Rubashkin to a blood libel! Why doesn't Lipshits and the Yated chazeirim fly to Bergen Belsen and take a leak on the holy graves? That would be LESS of a desecration of the holy martyrs of the Holocaust than belittling them by calling what happened to Rubashkin a blood libel.

[Wankele]

"Then what's next, Mr. Lewin, up your sleave?
Posted by: sage | August 24, 2010 at 12:47 PM "
Teaching you how to spell "sleeve" for one thing

Molly,
You are right in that there was a spelling error, but not the one you claim. What he meant was "sleaze".

[Wankele]

Dear Injustice,
In order for me to better understand your responses I would very much appreciate it if you could respond to one multiple choice question:

Which is (are) correct?
[ ] SMR is innocent of the federal violations of which he was found guilty.
[ ] SMR is guilty but his sentence is excessive.
[ ] Whether SMR is technically "guilty" or "innocent" is irrelevant since he is an ehrliche yid.
[ ] Don't hock me a chinick, you apikorus, the mitzvah of pidyon shvuyim does not require me to answer your silly question.

[WoolSilkCotton]

Monsey Hocker, you are awesome. Your use of salty language to drive home your points is certainly justified.
Keep up the strong work!

[WoolSilkCotton]

I have had the privilege of visiting the Anne Frank House in Amsterdam, an experience that everyone should try to do.

Each day, a line runs around the building, of people from all around the world, average waiting time about 2 hours, to get into the tiny building and to climb up the incredibly steep narrow staircase to the hallowed space of The Attic.

This line, with almost a million visitors each year, contains people of every religion, race, and nationality. There are 2 exceptions that you will NEVER see on the line-
haredim and arabs.

[Cheskel]

Monsey Kocker,i bet your surroundings are proud with your acid tongue.We are privileged to have a mouth like yours who spews profanity.

I know its hard for someone like you to understand that yes driving on shabbos is worse as a yid then being a ganef. Someone who doesn't observe shabbos his wine is nesach and has no credibility as a Jew,as in family purity,kashrus etc etc.

Someone who steals or yes even molests while its very big sin and is not forgiven even on yom kippur does have credibility as a Jew.

Sorry,you don't like it

Now spew some more profanity

[Monsey Hocker]

Once again Chezkel has proven that the Holocaust is open ended, indeed, while the third reich has ceased operations, so-called frum Jews have taken up the very same cause sans the jack boots. Jews like Chezkel, deep down, need to be judgmental because their lives are so empty. Yet no one made them judge and therein lies the problem. While the Chezkels of the world judge Jews that drive on shabbos by some archaic model (note the reference to eidus in a beis din - off point - batei dinim today screw more people than whore houses) they sanctify gonnifs, shysters, and ethics in general. Chezkel wouldn't know ethics and morals if they were fellating him. Who is he to judge? Pathetic. The Chezkels are being meakeiv the geulah, they are an extension of Hitler's minions whether they like it or not. They must and will be defeated. The good news is that with every defense of the indefensible they weaken their hold on our communities. Leave it to Jews to screw Judaism.

[Cheskel]

In bringing up the Holocaust Monsey Kocker,let me remind you that the secular assimilated Jews who lived in Germany,committed suicide in large number were they throwing themselves at the electric fences. But orthodox Jews(who don't drive on shabbos etc) who are proud Jews and had for what to live for even in those horrific times behaved way differently.
So you still got time and do tshuva

[WoolSilkCotton]

Cheskel, what evidence do you have regarding your 1:48 claim? Do any of the legitimate Holocaust historians describe this, or is it just in your ArtScroll drek?

No frummer fought in the partisans. No frummer fought in the Warsaw Ghetto uprising. At the annual gatherings of the Warsaw Ghetto survivors (years ago when quite a few were still alive), how many frumma were there? Answer=0.

Read Primo Levi's books, and what he had to say about the frumma in Auschwitz.

[OMG]

Posted by: Cheskel | August 25, 2010 at 01:48 PM

Sorry you cannot cite any study, that religious Jews had outlasted the evil Nazis in greater numbers than the nonreligious Jews, it is a shame to make up any stories, about the holocaust. One’s ability to overcome pain and starvation, doesn’t have a thing to do with religion, moreover, if your synopsis is true, how come today we see, (I don’t claim that there are some studies) that a greater percentage of religious Jews are overweight from eating all the unhealthy foods. It seems to me at least when it comes to food they don’t have the wherewithal to deny themselves unhealthy food.

[Cheskel]

I'm not an expert historian but i read many books about the Holocaust. Cant tell you what book i read it in.

I'm no defender of Artscroll,but why is it drek?

Just wondering,did German Jews fought with the partisans or in the Warsaw ghetto?

BTW,Sobibor was one of the successful uprisings and orthodox Jews were involved.

[Shmarya]

Just wondering,did German Jews fought with the partisans or in the Warsaw ghetto?

Moron.

German Jews were nowhere near Warsaw, let alone confined to the Warsaw Ghetto.

[Cheskel]

""'Moron.German Jews were nowhere near Warsaw, let alone confined to the Warsaw Ghetto."""

Silly, i know that, and was trying to corner him.

I mentioned German Jews who committed suicide and he responded that frummies didn't participate in the Warsaw uprising. So my question was were DID German Jews participate

[Cheskel]

OMG,
What does healthy food have to do with what i said?

[Robert Wisler]

WoolSilk,
I could not find anything about Primo Levi's comments on frumah yidden in Auschwitz. Could you please summarize some of his remarks for us? Back in the early 1980's, I knew a Satmar rabbi who was a survivor of Auschwitz who was very non-chalant about his experiences there.

[Just the facts]

Dear me, WSC, Monsey Hocker, and all the other rabid self-hating Kapos spewing their bile here;
The sum total of the USA's motion here is to repeat the same mantra over again, albeit in a somewhat louder tone. So nothing has changed here, yet, other than the fact that Rose has perhaps backed herself into a corner by specifically alleging that Linda Reade knew neither the identity of the targets nor the specifics etc. This doesn't speak to the multiple irregularities which will doubtless form the meat and bones of the appeal, particularly that Reade (apparently vioalting judicial norms etc.) allowed evidence related to the immigration charges to be introduced by the prosecution, but denied the defence an opportunity to respond. THAT will be what unwinds this case according to certain experts. Reade's non-disclosure is really peripheral at this point, until some more lies are created to cover it.

What will WoolSilkCotton do when the verdict is vacated and the case sent back for resentencing, retrial, or both?
Poor little Kapos.....

[OMG]

Posted by: Cheskel | August 25, 2010 at 03:09 PM
I am really sorry that you don’t have the wherewithal to understand what is the relationship between eating healthy and having the ability to focus on a goal, i.e. loss weight, survive pain just for the sake to survive. Additionally, the human instincts, kicks in when the body is in danger that is called epinephrine, epinephrine is a catecholamine, a monoamine produced only by the adrenal glands from the amino acids phenylalanine and tyrosine. To my understanding orthodox Jews have the same level adrenaline, then the German Neologen, maybe in the Mikvah they teach differently.
Finally, you are right from my studies of the Warsaw uprising, there were religious Jews and as matter of fact they celebrated the Seder, but from what I remember it was only one kid.

[OMG]

Shmarya, did you take down “Just the facts” post, and my reply, I cannot find it.

[Shmarya]

Shmarya, did you take down “Just the facts” post, and my reply, I cannot find it.

No, I did not.

Try doing a hard refresh. That should fix the problem.