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06-05-2009, 07:39 AM #1
AGRIPROCESSORS - Rubashkin Wants Two Trials
Agriprocessors VP does not want to testify about bank fraud but wants to testify about immigration charges, claims he did not knowingly hired illegal immigrants.
Rubashkin seeks two trials so he can tell his story
By Trish Mehaffey • The Gazette
Attorneys for Agriprocessors Inc. and its former vice president argued Thursday in U.S. District Court that a 142-count indictment be split into two trials because all the allegations did not arise from the same act.
F. Montgomery Brown, attorney for Sholom Rubashkin, the former vice president, said Rubashkin did not willfully employ illegal immigrants at the kosher meatpacking plant in Postville and believes he would be acquitted if he were allowed to testify on counts 1-72, which allege immigration violations. Brown did not provide further information on that potential testimony.
Brown said Rubashkin would not be allowed to tell his side of the story if the counts were not severed because he would have to agree to testify during trial of all of the other charges.
The government argued for one trial, saying the counts are connected because they are part of a conspiracy.
Chief Judge Linda Reade will release a written ruling later on the motion requesting counts 1 through 74 be separated from counts 75 through 142.
Counts 1-74 charge immigration and document fraud, and counts 75-142 allege bank fraud, money laundering and non-payment for livestock.
Many of the charges stem from the federal immigration raid in May 2008 at the plant.
Brown described the 142 counts as a “four-act operaâ€
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06-05-2009, 08:01 AM #2F. Montgomery Brown, attorney for Sholom Rubashkin, the former vice president, said Rubashkin did not willfully employ illegal immigrants at the kosher meatpacking plant in Postville and believes he would be acquitted if he were allowed to testify on counts 1-72, which allege immigration violations. Brown did not provide further information on that potential testimony.
Brown said Rubashkin would not be allowed to tell his side of the story if the counts were not severed because he would have to agree to testify during trial of all of the other charges
Counts 1-74 charge immigration and document fraud, and counts 75-142 allege bank fraud, money laundering and non-payment for livestock.
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