Yesterday, Nathan Lewin and Guy Cook Esq. submitted a Brief of Appellant on Motion for Release Pending Sentencing for Sholom Mordechai Rubashkin. The brief, submitted to the US Court of Appeals for the 8th Circuit, argues that in her decision to deny Sholom Mordechai bail, Judge Linda Reade failed to exercise due diligence.According to Federal law, says the brief, if the defendant in this type of case is not a threat to society, shows that he is not a flight risk, and that certain circumstances have been established to ensure that he will appear at sentencing, the judge is required to release the defendant on bail.
The brief notes that, in fact, Sholom Mordechai has fully satisfied all of these conditions, making him eligible for bail: In addition to the $8 million worth of private homes that the Postville community has offered to put up to ensure that he is not a flight risk, the Rubashkin family has offered to secure and pay for an armed guard plus camera surveillance, guaranteeing that Sholom Mordechai will in fact be present in person at sentencing.
In their brief, the attorneys argue that Judge Reade completely ignored the third of these conditions, raising serious questions about the integrity and soundness of reasoning in her decision to deny him bail.
In other related developments, lawyers are also trying to work out a settlement on the Iowa State Child Labor Law case. In this case, Agriprocessors has been accused of employing workers below minimum age. Yet, despite repeated requests by Sholom Mordechai’s attorneys to identify these individuals, the State has failed to come forth with their names.
In the meantime, Sholom Mordechai continues to be incarcerated in Cedar Rapids, Iowa. Thanks to the intervention of the Aleph Institute, authorities allowed him to light menorah every night of Chanukah.
Sholom Mordechai continues to be strong and says he is confident that, with G-d’s help, and with the outpouring of friendship and support of individuals and the Jewish community, he and his family will soon experience their personal miracle of light.