A federal judge denied a motion Wednesday for new trial for Sholom Rubashkin, saying there was no new evidence discovered to produce an acquittal.
Former Agriprocessors vice president Rubashkin, 50, of Postville, requested the new trial based on the claim Chief Judge Linda Reade unlawfully presided over his trial and should have recused herself. Rubashkin’s attorneys claim Reade was involved in the planning of the 2008 raid at the meatpacking plant where nearly 400 illegal workers were arrested.
Rubashkin’s attorneys acquired documents through a Freedom of Information Act request, which they say showed federal agents were in contact with Reade regarding the raid.
The U.S. Attorney’s Office said there was nothing illegal about the court’s involvement in the raid planning, in light of the fact there were going to be so many arrests and prosecutions. The court needed to be aware for it’s planning purposes.
Reade said in her ruling the internal Immigration and Customs Enforcement memoranda, the defendant argues is “newly discovered evidence,” isn’t evidence. There’s nothing in the documents that would be admissible on any issue relating to Rubashkin’s conviction of bank fraud and other charges, she said.
Reade said Rubashkin fails to make any arguments based on the documents that he couldn’t have raised before trial. Rubashkin claims Reade supported the enforcement action but that misstates and mischaracterizes the information, she said.
Reade said her “support” was clearly in the context of the court’s duty to logistically prepare for the arrest of hundreds of persons.
As to the issue that Reade should have recused herself from the case, she said according to statute a judge must be recused if her/his impartiality might reasonably be questioned because of bias or prejudice.
“Based on the facts and ignoring all rumor and innuendo, the court finds that recusal was not required in this case,” Reade said.
Reade said she had to ensure court proceedings are efficient and provide all constitutional guarantees for defendants arrested in the raid.
If she had recused herself it would provide incentive to defendants to “advance rumors and foster speculation in the media in an effort to judge shop. The court declines to do so,” she said.
Reade also said there wasn’t any Eighth Circuit Court precedent for her to refer the motion to another judge or to permit discovery, as Rubashkin had requested. There is nothing to discover that would support the motion.
She said it was “totally devoid of merit.”
A federal jury in November convicted Rubashkin of 86 counts of bank, mail and wire fraud, money laundering and failure to pay livestock providers in a timely manner. The charges came after a May 2008 raid.
(Source: KCRG-TV9)
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26 Responses
So she Paskened that she’s right!
Down with America!
Ribonoi shel Olam: WHY???????????????????????????
I’m confused. Reade ruled on herself that wasn’t unlawful in presiding over the case?!?
These lawyers are obviously from Chelm. Or actually they know that Rubashkin has no chance but they see this as a retirement plan with the never ending supply of Tzeddakah funds pouring in.
Vexing report
What’s wrong here? Where is all the inane screaming about antisemitism, with another fifty banal comments insisting this is the catalyst that will bring Moshiach? For the Clueless Ones: Just because you don’t agree with a court verdict against a Jew doesn’t mean the judge and jury hates Jews. I hope that was simple enough for y’all to understand.
How is it logical for a Judge to rule on her own conduct? The whole appeal is against her conduct, and she is the one who gets to rule on it? Am I missing something?
I dont think the verdict was much of a surprise to the Rubashkin lawyers. They’ll now go on to the next step, I believe.
BSD
This is just how the US legal system works. Before appealing to a higher court it is necessary to ask the original judge for a new trial. Waste of time, yes, but that is just how the law works.
The judge had to rule here since she was the presiding judge in the original trial. The defense can now appeal her decision to a higher court. This motion was strictly procedural and her ruling was, I am sure, no surprise.
2#. Of course we are disappointed with the outcome, but your comments, especially in an open forum, is a disgrace. America is a true haven for us even if we are not satisfied with everything that happens here.
#2 Your comment is deeply offensive and should be to every Frum American Jew. America is a “medina shel chesed”. There is no country throughout our 2000 years in galus that has helped Jews like our country America. Where is your Hakoras Hatov? It is shocking that the YWN moderator alows such hateful and inciteful comments to be posted.
#13 chill Zich! Interesting to note after such a case you are still claling US a medina of Chesed! Not so fast anymore.. Probably they want to throw us out but due to media attention they don’t!
To #2.
Please leave!
The Judge did as expected. She is a disgrace to the bench and her comments and ruling will be reviewed and examined by a higher authority. It will also give another reason to open a congressional investigation into her behavior and a judicial investigation as well. Maybe someone will realize it is time she was retired from her position not only for this case but for her long history of bias towards defendants.
The US court system requires the appeal of any issue to first be heard by the original Judge… 25% of the time a Judge will adjust what happened, the other 75% they will deny (which is expected) and then it would be appealed and heard by another Judge…
The Judge said, if I have read the ruling correctly, that Rubashkins appeal on the issue, although it might be right (even though she denied it is) would not alter the facts of the case in regards to the fraud issues. Thus there is no need for a retrial.
Rubashkin’s attorney’s must show that the error would change the outcome… to date they have not shown this.
We must hope that Eric Holder steps in, whereas, there is no evidence that suggests if the trial was held again by a different Judge/Jury that the outcome would be different, therefore, Rubaskin’s only hope (other than Ribono Shel Olam) is that Eric Holder rules that the sentence was excessive, thus reducing his sentence to time served, which would be more in line with the charges against him.
May Shalom Mordecai Rubashkin and all other Jew’s being held in prison be released forthwith.
#2 There may be freedom of speech in America but not in Klal Yisroel. Yidden have to be supremely careful as to what comes out their mouths and off their pens and keyboards. Even if there was merit to your comment, which there is not, posting it on a public site is foolish and dangerous to all of us.
Ask people who have lived elsewhere, both Jew and non-Jew, how much we have to be thankful for living in this country. Just the fact that you could make that comment without fear emphasizes how fortunate we are.
Does anyone know how we could help Mr. Holder make the right decision? Where can I write, any suggestions?
#12: especially in an open forum
#18: posting it on a public site
Next time I’ll post in in a private forum.
The attorney general does not have the power to commute sentences. I’m not sure where people here could have gotten that idea from in the first place.
#14 Because of one case of injustice you condemn the entire America? Shalom Rubashkin commited crimes. Unfourtanatley he suffered an injustice of extremely harsh sentencing at the hands of an overzealous prosecutor and Judge. This is not a problem that only affects Jews, many other people in Iowa and other states have been subject to prosecutional excesses. Where do you get this idea that “they probably want to throw us all out”?
#2 If you hate America than leave. Why not go back to the beautiful life of Poland and Lita. Do you yearn for the days of Pogroms, Cossaks, Crusades, Blood Libels, Murder and Theft? Perhaps if you had a proper understanding of History you would appreciate the country that is America.
#2: you idiot, how can you make such a statement, in English, in a forum which can be read by all. Second, America has been a haven for us and contiues to be a place were we can practice our religeon freely. Third, many of our own people, including the Avi Weiss crowd, were responsible for bringinging Rubashkin down.
maybe he should be quiet already;enough chillul
One needs to ask why Hashem would let this happen? Why has Hashem placed an honest and generous person to be hounded and demonized by forces apparently bent on destroying him ? Where do we look for the answer?
As many have pointed out, what has happened to Sholom Rubashkin is the misuse of the secular legal system by a powerful entity. But why has Hashem permitted such forces be used to torment and afflict such a man as he is described to be?
We know that not every incident of the times of the Neviim was written, only those of impact to learn from. One incident was the defeat at the Battle of Ai where Yair ben Menashe, who was like 36 men, was killed. Yehoshua searched for the answer and found that the greed of Achan ha’Achar and the inattention of the Bnai Yisrael to his actions brought about the death of a man who was like 36 men who had nothing to do with what Achan did.
As we learned recently on the front page of the Yated, the Justice Department and Judge Reade became Sholom Rubashkin’s tzar in October 2007. At the very same time, a national Jewish organization also began use of the secular justice system to undermine the verdict of of a Din Torah they had tried to hide for three years!
Sholom Rubashkin’s tzar deeply affects Klal Yisrael. We learn from many gedolim of another place where indifference affects the bystander and that is when a widow is afflicted.
At the end of a column in the Yated recently it said “Let us also resolve to unify as we never have before, so that we can use the tools at our disposal to overturn the abuses of power that have harmed our community and individuals such as Sholom Mordechai.” We have tools at our disposal that have been used to do as much we can for Sholom Rubashkin and yet his fate is still unclear. We need to apply those tools now to help the widow afflicted by the national leadership of the Jewish and we will also help Sholom Mordechai. And to the leadership at NCYI, learn the lesson Yehoshua taught to Achan ben Carmi.
just daven for him