Rubashkin Appeal Based On Alleged "Prosecutorial Misconduct"

Former Agriprocessors manager convicted of bank fraud in 2009 filed a brief in the Eighth Circuit Court of Appeals Monday, asking for a new trial based prosecutorial misconduct and a federal judge improperly presiding over on the trial.

Former Agriprocessors manager bases appeal on prosecutorial misconduct, improper conduct of federal judge
Trish Mehaffey • SourceMedia Group News

Former Agriprocessors manager convicted of bank fraud in 2009 filed a brief in the Eighth Circuit Court of Appeals Monday, asking for a new trial based prosecutorial misconduct and a federal judge improperly presiding over on the trial.

Sholom Rubashkin, 51, of Postville, was convicted in November 2009 by a jury of 86 counts of bank fraud, bank, mail and wire fraud, money laundering and failure to pay livestock providers in a timely manner. The charges stem from the May 2008 immigration raid at the former Postville meatpacking plant where more than 400 illegal workers were arrested.

Rubashkin was sentenced in 2010 to 27 years in prison and ordered to pay restitution of more than $26 million.

The brief filed Monday asks the court for oral argument concerning legal issues of fairness regarding Rubashkin’s trial and sentence and the pre-raid conduct of U.S. District Chief Judge Linda Reade and the prosecutors and its effect on the trial.

Rubashkin claims Reade unlawfully presided over his trial and should have recused herself. Reade was involved in the planning of the 2008 raid, Rubashkin’s attorneys claimed discovered after they acquired documents through a Freedom of Information Act request. They say the documents showed federal agents were in contact with Reade regarding the raid.

The government filed a brief in the district court appeal stating Reade was given certain information about the planning of the raid because the court had to be informed given the number of arrests and court proceedings that would follow.

Here is the appeal brief as a PDF document:

Download Rubashkin Appeal 1-4-11

Comments

[.]

wadya expect?

[effie]

I'd like to know what they argued as to sentencing. Then again, it appears that they are just recycling their arguments.

[The Orthodox Jew]

what are you all gonna say if Rubashkun goes out scot free?

[Shmarya]

what are you all gonna say if Rubashkun goes out scot free?

Posted by: The Orthodox Jew | January 04, 2011 at 03:32 PM

Idiot.

He cannot go "scot free."

The best he can hope for is a new trial, and that is very unlikely.

I'd say the odds of Nathan Lewin being disbarred are greater than Rubashkin getting a new trial.

[Menachem Mendel lll]

Prosecutorial Misconduct.

Z'roah netuyah v'yad hazakah, Ha'shem gave the Judge the strength, courage and wisdom to see though the gauntlet of lies, tricks and falsehoods "Rabbi" Rubashkin's handsomely compensated legal dream team tried desperately to introduce into evidence.

Adoni will protect his Chosen People and all of society from this convicted Jewish criminal element who masquerade as Rabbi.

Try as they may they will fail.

Hakosh Brouch Who willed Rubashkin to be incarcerated for all of his crimes and dirty deeds that were done dirt cheap and that is were he is and that is where he will remain.

Moshiach is the only answer!

[jancsipista]

hahaha scot free you must be a hassid they are the only ones who can make such unbelievably dumd statement its a trade mark by them stupidity

[sam]

Idiot.

He cannot go "scot free."

The only idiot here is you, Scott שר"י. For should he get a new trial as a result of this appeal, the outcome of that trial – with a normal (not that nazi-bitch-Reade) judge presiding – might be "not guilty" (or appropriately "guilty", but for lesser charges or on fewer counts with "time served" as a sentence.

And pretty please, with sugar on top – drop dead soon.

[The Orthodox Jew]

I didnt say he will go out scot free, i asked what are you all gona say if rubashkin is going to go out scot free? Now haeshem matir asirim, trhogh out history there were prisoners that where freed.

[Deremes]

"The best he can hope for is a new trial, and that is very unlikely."

I hope its not that case, but I'm afraid that you are right.
Apologies by now wont do him anything, so its the best he can do.
The rest of us should contribute money and say Tehilim that SMR ben rifka should see the light of the tunnel asap.

[Shmarya]

The only idiot here is you, Scott שר"י. For should he get a new trial as a result of this appeal, the outcome of that trial – with a normal (not that nazi-bitch-Reade) judge presiding – might be "not guilty" (or appropriately "guilty", but for lesser charges or on fewer counts with "time served" as a sentence.

And pretty please, with sugar on top – drop dead soon.

Posted by: sam | January 04, 2011 at 04:14 PM

You first, little Chabadnik, you first. You can meet your Rebbe in hell.

[Menachem Mendel lll]

sam

Shmeel shame on you for wishing your Jewish brother a speedy death.

It was only a few months ago on Yom Ha'kippurim that you davened on behalf of all Jews that they should to be spared from dropping dead soon.

Tisk, tisk, tisk.
What a reversal of Ahavas Yisrooooel.

Is this how Hillel instructed you to act and behave?

I suggest you apologize forthwith and retract your spiteful post that is full of hate and anger.

Mosciach is your only hope.

[sam]

mmIII, he's no brother, he a moser and a rodef. he has jewish blood on his hands. I meant every word I wrote and I didn't write in in anger, it was very premeditated.

[Shmarya]

mmIII, he's no brother, he a moser and a rodef. he has jewish blood on his hands. I meant every word I wrote and I didn't write in in anger, it was very premeditated.

Posted by: sam | January 04, 2011 at 04:31 PM

So was I acting in a premeditated fashion when I shared your recent comment – and many of your other comments – with the feds.

[sam]

So was I acting in a premeditated fashion when I shared your recent comment – and many of your other comments – with the feds.

Oh no, I am so scared now! Last I checked, we still have freedom of speech here, moron. I absolutely have every right to wish you ill, and I proudly do so! Besides, you don't believe any of this 'religious curse' stuff, why do you even care what I wish you?

Drop dead soon, please.

[effie]

Dumbass, aka, sam: No, you don't have freedom of speech on a privately own blog, moron.

[A E ANDERSON]

At least the SourceMedia news item seems balanced and fair. So far so good.

[sam]

effe, you pathetic neanderthal, this "privately owned blog" has a public section called "comments". Now, the owner can certainly ban any commenter or delete any comment. But he is raising an issue with criminal implications instead. Can your feeble mind process the distinction?

[Menachem Mendel lll]

Achtung Sam,

What do you mean he's no brother?

HE AIN'T HEAVY, HE'S MY BROTHER

The road is long
With many a winding turn
That leads us to who knows where
Who knows when
But I'm strong
Strong enough to carry him
He ain't heavy, he's my brother

So on we go
His welfare is of my concern
No burden is he to bear
We'll get there
For I know
He would not encumber me
He ain't heavy, he's my brother

If I'm laden at all
I'm laden with sadness
That everyone's heart
Isn't filled with the gladness
Of love for one another

It's a long, long road
From which there is no return
While we're on the way to there
Why not share
And the load
Doesn't weigh me down at all
He ain't heavy, he's my brother

He's my brother
He ain't heavy, he's my brother...

(Paging YL, paging YL)

[effie]

sam, you ignorant slut: Once again, you have no freedom of speech on this blog which is where you posted your threat which taken alone may not arise to a crime but when combined with your other similar comments does. Hope to see you share a cell with your boyfriend, SMR.

[state of disgust]

From the department of "Be Careful What You Wish For."

If SMR is awarded a new trial (highly uinlikely IMHO), the prosecutor could open the investigation into a host of charges which were hinted at but not pursued during the first trial, including bribing a public official, the child labor law violations, etc. These other charges on top of the fraud charges could result in a far stiffer sentence then the one SMR is currently serving.

SMR played "You Bet Your Life" and lost. Want to go for double or nothing?

[sam]

A "threat"? did I "threaten" anyone, you filthy lair?

Besides, you cretin, what does one have to do with the other? If what I did was indeed a threat of some sort, what would it matter if it was done in a public forum, not on a private blog? It would still be criminal! Idiot!

I can post (a million wishes for this filthy animal to die of a horrible disease, on this blog too) and the only recourse he has is to block me! Unless you think I have the divine power to make this happen, these are not threats but "curses".

[sam]

Menachem Mendel lll,

scott is actually very heavy, and he ain't my brother.

:)

[Bassy the Haredi Slayer]

I'd say the odds of Nathan Lewin being disbarred are greater than Rubashkin getting a new trial.

If he gets disbarred, it would 60 years too late

[Isa]

Thanks to all you cretins that compared this fair judge [and prosecutors] to born bad Ukrainian anti-Semites...

This will be defended by the government with zeal!!

There is a world of difference between keeping some [e.g.]bank robber in prison (business as usual)or keeping Rubashkin where he belongs (wide eyed zeal)
har har har har

[WoolSilkCotton]

Sam, you would not be the first Rubashkin acolyte to get a knock on the door from the FBI.

Good luck explaining yourself.

[JC]

*You can meet your Rebbe in hell*

!!! Well said !!!

He was an evil person who created an evil movement which has attracted a following of evil people.

"770" is the Jewish equivalent to the Christian "666".

[sam]

Isa, who in the world talked about 'antisemitism'? Linda Read may not be antisemitic, but she is definitely a heartless-bitch-hanging-judge-nazi, in my opinion.

WSC, as I said before, I am no acolyte of Rubashkin's and never had any contact with the man (and had he gotten, say 5 years, I probably wouldn't give him another thought, alas). But I do feel for his ridiculous 27-year sentence, and I do hate Scott – and his acolytes like yourself – who is at least partially responsible for the off-the-charts overzealous prosecution Rubashkin received. Rubashkin's blood is on Scott's hands. I certainly hope G-d shows Scott (along with you all here and your families) the same level of compassion you showed Rubashkin. That seems fair to me.

I have no problem explaining this to FBI, Homeland Security, NSA, or any other agency you in your inflamed imagination think are about to "knock on my door".

[Isa]

Sam

From the bottom of my heart I wish to say THANK YOU THANK YOU for all the comments you and your cronies say about Judge Reade
like for instance "but she is definitely a heartless-bitch-hanging-judge-Nazi"
I wish Rubashkin well with all the Government 'hornets' that you folks stirred up!
har har har har

[Justice Seeker]

Well I don't think SMR will get a new trial, but if it does its back to a court in the midwest. Maybe the government would even bring back all the immigration charges and pile those on as well. It would be interesting to watch, but I doubt it will happen. A South Dakota jury didn't have any problem understanding the issues the first time around and that is not likely to change either.

[Sam]

++If SMR is awarded a new trial (highly uinlikely IMHO), the prosecutor could open the investigation into a host of charges which were hinted at but not pursued during the first trial, including bribing a public official, the child labor law violations, etc. These other charges on top of the fraud charges could result in a far stiffer sentence then the one SMR is currently serving.++

No, a retrial is a new trial on the same charges, except for any the prosecution chooses not to pursue in the retrial. They cannot add new charges on a retrial.

[sam]

Justice Seeker,

If the appeal is successful, I would imagine that would be embarrassing enough to the government and they would probably offer him a deal that is better than the 27 year sentence he got from the Reade bitch (something under 10). That deal would then all cover all the charges.

I wish him well with the appeal, but I do understand it's a long shot.

[Shmarya]

No, a retrial is a new trial on the same charges, except for any the prosecution chooses not to pursue in the retrial. They cannot add new charges on a retrial.

Posted by: Sam | January 04, 2011 at 10:21 PM

Not quite accurate, Sam.

The government can decide to try all the immigration charges, and it can add to that trial obstruction of justice, perjury, bribing a public official, and several more charges.

And any judge sentencing Rubashkin can on his own add time for each of those charged and uncharged crimes.

[sam]

Firstly, that was a different "Sam".

Secondly, there is a difference between what the government CAN do and what they would be LIKELY to do in the event of a new trial being ordered.

And yes, I know what you WHISH they would do, and, as I said before, may G-d judge you accordingly for your evil heart's desires. Amen!

[Shmarya]

And yes, I know what you WHISH they would do, and, as I said before, may G-d judge you accordingly for your evil heart's desires. Amen!

Posted by: sam | January 04, 2011 at 10:33 PM

I noted what the government could do, because the other Sam was wrong.

I do wish the government would try Sholom on all those charges, even if the this first verdict and sentence prevails.

The additional convictions won't add much time, if any, to his existing sentence, but the convictions the government will most likely get will show people what Rubashkin really is, and more importantly, will combat the lies he and his legal and defense teams have told.

I don't want him to do more time, but I do want the truth of his crimes – and the crimes of Aaron, Heshy and so many others – known.

[Sam]

++Not quite accurate, Sam.

The government can decide to try all the immigration charges, and it can add to that trial obstruction of justice, perjury, bribing a public official, and several more charges.++

I stand corrected.

[Bfeirush in Fartscroll]

If Ruby HaLevi Harav Hatzadik Hanistar Hamuflag gets out of the pokey and goes home as Sam wishes, does that mean Lipshits won't be able to swing by the house for a blow job anymore?

[Mr. Apikoros]

As long as the other charges weren't dismissed with prejudice (they weren't), ShamWow can be charged in a retrial.

For that matter, a retrial isn't even necessary. The government, if it so chooses, can bring those charges today, tomorrow, or any time until the statute of limitations (if any) kicks in.

[FirstGenerationBavarianAmerican]

One news service reports the prosecutor's response to the brief is due January 25th.