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St. Louis, MO - Rubashkin Appeal Seeks New Trial

Published on: January 4, 2011 06:39 PM
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St. Louis, MO - Lawyers for convicted former Agriprocessors executive Sholom Rubashkin have appealed a judge’s decision denying their bid for a new trial.

In a brief filed Monday with the U.S. Court of Appeals in St. Louis, Mo., lawyers for Rubashkin made four arguments on his behalf, chief among them that the presiding judge in his case, Linda Reade, should have recused herself. Reade had rejected that argument in October.

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Rubashkin was convicted in 2009 on 86 counts of fraud related to his management of the Agriprocessors meatpacking plant in Postville, Iowa, and later was sentenced to 27 years in federal prison.

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The brief filling here 


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Read Comments (29)  —  Post Yours »

1

 Jan 04, 2011 at 06:46 PM fiftyseven Says:

now lets see how VIN will handle the comments on this topic...

2

 Jan 04, 2011 at 07:09 PM scientist Says:

Linda Reade, should have recused herself. And I am sure that Rubashkin will be free he is a good person. And Hashem should bless him. The only think we can do is pray and pray and pray and of course donate money for legal fees. And hashem will help and he will be peacefully home with his family already

3

 Jan 04, 2011 at 07:32 PM bubii Says:

Reply to #2  
scientist Says:

Linda Reade, should have recused herself. And I am sure that Rubashkin will be free he is a good person. And Hashem should bless him. The only think we can do is pray and pray and pray and of course donate money for legal fees. And hashem will help and he will be peacefully home with his family already

wishfull thinking

4

 Jan 04, 2011 at 09:00 PM The-Logician Says:

He will go free

5

 Jan 04, 2011 at 09:13 PM Nilhouse Says:

As an attorney, if asked to, I would do this for free on behalf of Rubashkin. His lawyer is getting $800 per hour. It sounds like a lot (please donate as much as you can!) but they say he is very good and a hard worker, a go-getter of sorts. I believe he will continue to appeal for the next 20+ years if that's what it takes.

6

 Jan 04, 2011 at 09:20 PM scientist Says:

Reply to #3  
bubii Says:

wishfull thinking

The tzemach tzadick said. Tracht gut vet zein gut.
And with gods help it will be good. For all jews. And anyway the geulah is Coming now.

7

 Jan 04, 2011 at 09:49 PM Shaul in Monsey Says:

Linda Reade and her court minions are merely shluchei Hashem fulfilling His will.

8

 Jan 05, 2011 at 12:11 AM esq Says:

Reply to #5  
Nilhouse Says:

As an attorney, if asked to, I would do this for free on behalf of Rubashkin. His lawyer is getting $800 per hour. It sounds like a lot (please donate as much as you can!) but they say he is very good and a hard worker, a go-getter of sorts. I believe he will continue to appeal for the next 20+ years if that's what it takes.

at 800 @ hour is there any doubt he wont try

9

 Jan 05, 2011 at 12:13 AM jax Says:

Reply to #7  
Shaul in Monsey Says:

Linda Reade and her court minions are merely shluchei Hashem fulfilling His will.

you can't possible be a jew. and if you are youcant ossible be frum. a frum jew wd never assume he knew what Hashem wants from zlinda Reade

10

 Jan 05, 2011 at 12:32 AM Yerachmiel Says:

I am not sure this campaign will work. It didnt work for MG.

11

 Jan 05, 2011 at 12:52 AM RealOMG Says:

After reading most of the brief, I cannot find even one new argument or legal theory, why SMR should be given a new trial. What is amusing that all these lawyers charged an arm and leg for this brief, but nothing new.

In regard, what is the probability of success, I believe that a snowball in hell has a better chance to stay true, to form. The prosecution and the Jude Reade, has previously methodically dissected each argument literally, proving that all the argument is nothing but blowing smoke in our faces. I cannot wait for the prosecution to reply again, categorically I could predict that it will be a master piece.

12

 Jan 05, 2011 at 12:54 AM Greener Says:

Reply to #2  
scientist Says:

Linda Reade, should have recused herself. And I am sure that Rubashkin will be free he is a good person. And Hashem should bless him. The only think we can do is pray and pray and pray and of course donate money for legal fees. And hashem will help and he will be peacefully home with his family already

"and of course donate money for legal fees"
Surely you're kidding! Donating money for this is like pouring sand down a rat hole - it is endless. Time to stop paying $800 an hour for the next 20 years. SMR should have copped a plea, begged for rachmooonus, and he would have gotten off with a few years. Instead this arrogance has gotten SMR 27 years and is costing all you "scientists" big money which could have gone to legitimate tzdakah.

13

 Jan 05, 2011 at 05:56 AM Wiznitzer Says:

To 6, it was the Tzemach Tzedek(Lubavich). Not Tzemach Tzadik(Viznitz).

14

 Jan 05, 2011 at 07:08 AM outoftowner Says:

Reply to #12  
Greener Says:

"and of course donate money for legal fees"
Surely you're kidding! Donating money for this is like pouring sand down a rat hole - it is endless. Time to stop paying $800 an hour for the next 20 years. SMR should have copped a plea, begged for rachmooonus, and he would have gotten off with a few years. Instead this arrogance has gotten SMR 27 years and is costing all you "scientists" big money which could have gone to legitimate tzdakah.

AGREED, i am unfortunately very familiar with this criminal system. he is likely not going anywhere and the millions being spent is crazy. there are tzedakahs that are choking and all this money is doing is making the lawyers richer.

15

 Jan 05, 2011 at 07:47 AM Herzog Says:

I'm curious -- how much of their possessions (silver, jewelry, etc.) have the Rubashkin family sold while they've been asking others to pay for his defense? I'm not trying to be rude, I'm just asking. He and his wife purchased a lot of goodies in the years before his arrest. Has the sale of these things helped raise money to pay for this?

This new effort won't work. He should have copped a plea. Paying for more legal work is throwing away money.

16

 Jan 05, 2011 at 08:57 AM TannaKamma Says:

Reply to #11  
RealOMG Says:

After reading most of the brief, I cannot find even one new argument or legal theory, why SMR should be given a new trial. What is amusing that all these lawyers charged an arm and leg for this brief, but nothing new.

In regard, what is the probability of success, I believe that a snowball in hell has a better chance to stay true, to form. The prosecution and the Jude Reade, has previously methodically dissected each argument literally, proving that all the argument is nothing but blowing smoke in our faces. I cannot wait for the prosecution to reply again, categorically I could predict that it will be a master piece.

Yes, there is nothing new - it's been clear from day one that SMR's sentence is exaggerated, the point is that it should come before an impartial judge like in the state trial, not before a judiciary that was heavily involved in the prosecution from the start. Funny how previous attorney generals & numerous congressmen seem to realize this but a fellow Jew doesn't. I guess you would know about a 'snowball in hell'...

17

 Jan 05, 2011 at 09:31 AM Anonymous Says:

Reply to #5  
Nilhouse Says:

As an attorney, if asked to, I would do this for free on behalf of Rubashkin. His lawyer is getting $800 per hour. It sounds like a lot (please donate as much as you can!) but they say he is very good and a hard worker, a go-getter of sorts. I believe he will continue to appeal for the next 20+ years if that's what it takes.

"...he will continue for the next 20+ years if that's what it takes."

Yes, I believe he will, and it will be 27 years, to be exact!

18

 Jan 05, 2011 at 09:37 AM delusional people Says:

Reply to #2  
scientist Says:

Linda Reade, should have recused herself. And I am sure that Rubashkin will be free he is a good person. And Hashem should bless him. The only think we can do is pray and pray and pray and of course donate money for legal fees. And hashem will help and he will be peacefully home with his family already

How do you know he will be free? He may be a basically good person, but he is also a guilty one, and a convicted one. And what do you know of Linda Reade, other than what your ead here or places like VIN, which are very one-sided?

He was much too harshly sentenced, and that sentence should definitely be reduced. But he was found GUILTY! He doesn't deserve 27 years, but he doesn't deserve to walk free, either.

You are of course welcome to pray and pray and pray for him, and donate your money to his legal fees, if you have nothing better to do with your time, your prayers and your money.

I personally will pray and pray and pray for more worthy causes, and donate my money to true tzdakas.

19

 Jan 05, 2011 at 09:52 AM fine-meshiga Says:

Reply to #12  
Greener Says:

"and of course donate money for legal fees"
Surely you're kidding! Donating money for this is like pouring sand down a rat hole - it is endless. Time to stop paying $800 an hour for the next 20 years. SMR should have copped a plea, begged for rachmooonus, and he would have gotten off with a few years. Instead this arrogance has gotten SMR 27 years and is costing all you "scientists" big money which could have gone to legitimate tzdakah.

hmmm... are you jewish???

20

 Jan 05, 2011 at 10:14 AM Anonymous Says:

Reply to #16  
TannaKamma Says:

Yes, there is nothing new - it's been clear from day one that SMR's sentence is exaggerated, the point is that it should come before an impartial judge like in the state trial, not before a judiciary that was heavily involved in the prosecution from the start. Funny how previous attorney generals & numerous congressmen seem to realize this but a fellow Jew doesn't. I guess you would know about a 'snowball in hell'...

It's really quite obvious:

They are judging him on guilt or innocence.

You are judging him on whether or not he is allegedly frum.

21

 Jan 05, 2011 at 10:32 AM Anonymous Says:

Reply to #15  
Herzog Says:

I'm curious -- how much of their possessions (silver, jewelry, etc.) have the Rubashkin family sold while they've been asking others to pay for his defense? I'm not trying to be rude, I'm just asking. He and his wife purchased a lot of goodies in the years before his arrest. Has the sale of these things helped raise money to pay for this?

This new effort won't work. He should have copped a plea. Paying for more legal work is throwing away money.

I'm not big SMR fan, but it is simply none of your business, and SMR's family does not owe you a financial statement.

If you choose to donate or not, that is your choice, but that's all you're entitled to.

22

 Jan 05, 2011 at 10:50 AM Anonymous Says:

Reply to #21  
Anonymous Says:

I'm not big SMR fan, but it is simply none of your business, and SMR's family does not owe you a financial statement.

If you choose to donate or not, that is your choice, but that's all you're entitled to.

Did anyone who put their home on loan get their money back? I think if a person is donating to someone who swears they are innocent, they surely have a right to know if Rubashkin's own kin is also donating for the cause. If they are still living in a wonderful home, with nice furniture, lots of clothes, beautiful jewelery, while other struggle to help then really what a shame!

23

 Jan 05, 2011 at 11:31 AM completely clueless! Says:

Reply to #22  
Anonymous Says:

Did anyone who put their home on loan get their money back? I think if a person is donating to someone who swears they are innocent, they surely have a right to know if Rubashkin's own kin is also donating for the cause. If they are still living in a wonderful home, with nice furniture, lots of clothes, beautiful jewelery, while other struggle to help then really what a shame!

Again, I am not a big SMR fan, but you are extremely presumptuous.

Donate if you want to, don't if you don't, and if you need to know this information befaor you make a decision, call and ask directly.

Here is not the place to air a family's personal financial information simply to satisfy your curiosity.

And, for the record, anyone who "put their home on loan" expecting to get their money back is simply an idiot. this was not a loan situation, it was a donation to a defense fund for legal expenses, not expected to be reimbursed, so you tell me why anyone would expect to get their money back?

24

 Jan 05, 2011 at 12:14 PM scientist Says:

Reply to #13  
Wiznitzer Says:

To 6, it was the Tzemach Tzedek(Lubavich). Not Tzemach Tzadik(Viznitz).

You are right and thanks for bringing it to my attention.

25

 Jan 05, 2011 at 12:21 PM Anonymous Says:

Reply to #12  
Greener Says:

"and of course donate money for legal fees"
Surely you're kidding! Donating money for this is like pouring sand down a rat hole - it is endless. Time to stop paying $800 an hour for the next 20 years. SMR should have copped a plea, begged for rachmooonus, and he would have gotten off with a few years. Instead this arrogance has gotten SMR 27 years and is costing all you "scientists" big money which could have gone to legitimate tzdakah.

Pidyon shveeyem is a big mitzve we have to do what ever we can. The Talmudic bal shem mamaesh gave away everything they had for this big mitzve. So please GO IN SHUL AND LEARN HILCHOS PIDYEN SHVEEYM and come back and make another post. I am sure it will be different. Because I believe you are actually a good person you just probably never learned these halochos.

26

 Jan 05, 2011 at 01:02 PM completely clueless Says:

Reply to #25  
Anonymous Says:

Pidyon shveeyem is a big mitzve we have to do what ever we can. The Talmudic bal shem mamaesh gave away everything they had for this big mitzve. So please GO IN SHUL AND LEARN HILCHOS PIDYEN SHVEEYM and come back and make another post. I am sure it will be different. Because I believe you are actually a good person you just probably never learned these halochos.

Even if Pidyon Shvuyim applied today, it would be for someone like Jonathan Pollard, not a white collar criminal like SMR who isw not in danger of being tortured or killed. go back and learn the halachos for yourself before you attempt to correct other people about something you know nothing about

27

 Jan 05, 2011 at 01:39 PM RealOMG Says:

Reply to #16  
TannaKamma Says:

Yes, there is nothing new - it's been clear from day one that SMR's sentence is exaggerated, the point is that it should come before an impartial judge like in the state trial, not before a judiciary that was heavily involved in the prosecution from the start. Funny how previous attorney generals & numerous congressmen seem to realize this but a fellow Jew doesn't. I guess you would know about a 'snowball in hell'...

TannaKamma, if my memory serves me right, TannaKamma, is usually a jab, meaning that you think that you know it all, when the facts is apparent that he is wrong, at least you know where you are standing.
Your description of what the previous Attorney Generals where concerned about, is totally fabricated by you and your ilk’s, their concern was based on the defense notion that the prosecution requested that SMR should be incarcerated for life, and if that would have been a fact, I would also be object to the prosecution legal brief. But, that was a ploy by the defense, so they could use that argument as a money raising scam.

28

 Jan 05, 2011 at 02:56 PM Yerachmiel Says:

Real pidyon shvuyim would be for Gilad Shalit. He is a yid, not guilty of any crime, being held for ransom. Why do I not see any so called "gedolim" at Agudah doing campaigns on his behalf.

Rubashkin is a convicted criminal. The sentence is very harsh. The frum community has joined in on the American mishigas of having the longest sentences of any western society. Judges do not have that much flexibility under federal guidelines. To have come up with a sentence under 20 years the judge would have had to claim he cooperated with law enforcement authorities. I think we can all agree he did not do that. He also got 2-3 extra years iirc for perjury at the trial. Like others he gambled and lost. This is a great lesson about gayvah and gambling

Perhaps he was misled by his movement and its supporters into thinking he could bluff the government. Perhaps some of those encouraging him to plead not guilty are nogeiah b'davar. They have built themselves up as askanim and turned into super fund raisers, but all to no avail for SMR.

Nebich, he will probably spend most or all of the rest of his life in prison.

I dont blame his daughter for defending him and her husband. But why should we?

29

 Jan 05, 2011 at 03:06 PM Anonymous Says:

Was this man not tried and convicted? He was..Lets all move on.

There are much bigger fish to fry. We seem to take on battles that do nothing but cause more grief to the already convicted. Giving false hope to an already convicted felon is folly.

He will do his time, what is needed is that his family is supported. Thats where the real chessed is to be shown.

30

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