A federal judge has denied a request by Agriprocessors, Inc. and one of its former executives to move their immigration and fraud trial out of Iowa.

Lawyers for Sholom Rubashkin and the kosher slaughterhouse had sought to move the trial to Minneapolis or Chicago, because of what they described as inflammatory media coverage.

Such coverage, the lawyers argued, made it impossible for Rubashkin or the plant to find an impartial jury in Iowa. Prosecutors opposed their request.

U.S. District Judge Linda Reade ruled that there is not enough evidence to demonstrate that news account have tainted the potential jury pool. But she left open the possibility that her ruling could change.

“At this stage in the proceedings, the court declines to presume prejudice and transfer venue of the charges against defendants Rubashkin and Agriprocessors,” Reade’s ruling said. Reade said she did not believe “that pretrial publicity was so extensive and corrupting…..that unfairness of a constitutional magnitude must be presumed.”

Defense lawyers have the option to re-file their request and can explore other options such as surveys.

Rubashkin, Agriprocessors and Brent Beebe, a low-level manager, are all scheduled to stand trial on Sept. 8, 2009 on nearly 100 federal charges.

Defense lawyers in February presented Reade with newspaper and online articles about the case, including an opinion piece written by Iowa Gov. Chet Culver that accuses the plant or poor business practices.

“We’re convinced that pre-trial publicity has been sufficiently extensive and corrupt that the defendant cannot get a fair trial,” said Rubashkin’s lawyer, Guy Cook. “We appreciate the court’s careful review of the record, and the court acknowledged that the materials the defendant submitted are troubling and bolster the argument of the defendant.”

(Source: Des Moines Register / YWN-Lipas)